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2022, 08-16 Study Session
AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION Tuesday,August 16,2022 6:00 p.m. Remotely via ZOOM Meeting and In Person at 10210 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting NOTE: In response to Governor Inslee's announcement reopening Washington under the "Washington Ready" plan, members of the public may attend Spokane Valley Council meetings in-person at City Hall at the address provided above, or via Zoom at the link below. Members of the public will be allowed to comment in-person or via Zoom as described below.Public comments will only be accepted for those items noted on the agenda as"public comment opportunity." If wishing to make a comment via Zoom,comments must be received by 4:00 pm the day of the meeting. Otherwise,comments will be taken in-person at the meeting in Council Chambers, as noted on the agenda below. • Sign up to Provide Oral Public Comment at the Meeting via Calling-In • Submit Written Public Comment Prior to the Meeting • Join the Zoom WEB Meeting CALL TO ORDER ROLL CALL APPROVAL OF AGENDA ACTION ITEMS: 1. Resolution 22-015,RCO Grant, Greenacres Phase 2—Cary Driskell [public comment opportunity] 2.Motion Consideration: Council Goals&Priorities for Use of Lodging Tax—Chelsie Taylor [public comment opportunity] NON-ACTION ITEMS: DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 3. Lori Barlow Street Vacation Right-of-Way from Discussion/Information Mission Avenue to Park Road (STV-2022-001) 4. Cary Driskell Street Vacation Housekeeping Discussion/Information Amendments 5. John Hohman, Chelsie Taylor Council 2023 Budget Goals Discussion/Information 6. Chief Ellis Gang Task Force Discussion/Information 7.Mayor Haley Advance Agenda Discussion/Information 8.Mayor Haley Council Comments Discussion/Information 9. John Hohman City Manager Comments Discussion/Information ADJOURN Council Agenda August 16,2022 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 16, 2022 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Resolution 22-015: relating to authority to apply for two grants from the Washington State Recreation & Conservation Office (RCO) for Greenacres Park Phase 2 Development. GOVERNING LEGISLATION: N/A. PREVIOUS COUNCIL ACTION TAKEN: • April 26, 2022, Council approved Resolution 22-007 authorizing two applications for funding assistance from the Washington State Recreation Conservation Office (RCO) for Greenacres Park Phase 2 Development. BACKGROUND: On April 26, 2022, Council approved Resolution 22-007 to submit funding applications for Phase 2 of Greenacres Park to the Recreation & Conservation Office (see attached RCA). Subsequently upon review of Resolution 22-007 the RCO requested certain minor language changes in the Resolution to match the RCO's template which the agency requires to be matched verbatim with no exceptions.Resolution 22-015 would repeal and replace Resolution 22-007 in its entiriety. OPTIONS: (1) Approve Resolution 22-015; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: I move we approve Resolution 22-015. BUDGET/FINANCIAL IMPACTS: By submitting applications in both the WWRP and LWCF programs the City could leverage up to 75% of a total project cost through grant funding for Greenacres Park. Any grants funds awarded would not be available before July of 2023 at the soonest. STAFF CONTACT: Cary Driskell, City Attorney; John Bottelli, Parks, Recreation & Facilities Director ATTACHMENTS: • RCA dated April 26, 2022; • Resolution 22-007; and • Resolution 22-015 (repeals and replaces 22-007). CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 26, 2022 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Resolution relating to authority to apply for two grants from the Washington State Recreation & Conservation Office (RCO) for Greenacres Park Phase 2 Development. GOVERNING LEGISLATION: N/A. PREVIOUS COUNCIL ACTION TAKEN: • April 25, 2006, Resolution 06-009 authorizing an application for funding assistance from the Washington Wildlife and Recreation Program (WWRP) for the acquisition of approximately 8 acres of vacant land for Greenacres Park. • July 24, 2007, Motion authorizing the acquisition of Greenacres Park. • May 11, 2010, Resolution authorizing an application for funding assistance from WWRP for the Phase 1 Development of Greenacres Park. • September 28, 2010, Resolution 10-016 Committing to the expenditure of local funding for Phase 1 Construction of Greenacres Park contingent upon availability of State matching funds. • November 12, 2019, Resolution 19-015 adopting 2019 Spokane Valley Parks and Recreation Master Plan Update. BACKGROUND: Washington State Recreation & Conservation Office (RCO) grant programs operate on a two-year cycle with current funding opportunities now open for applications. Successful applicants are awarded funding in the subsequent year and generally provide a two- year timeline for project completion. On March 15, 2022, staff provided an overview of two RCO grant programs that could be used for Balfour Park Phase 2 construction, including grant limits, local match requirements, application deadlines, and funding award timelines. On April 12, 2022, staff sought Council consensus to submit funding applications for Phase 2 of Greenacres Park. The property for Greenacres Park was acquired in 2007 with acquisition funding assistance from the RCO. Subsequently a public process guided the development of a Master Plan for Greenacres Park which was presented to City Council in a study session on June 1, 2010. The City constructed Phase 1 of the Greenacres Park Master Plan in 2011-2012 with partial funding assistance from the State of Washington. Phase 2 elements identified in the Greenacres Park Master Plan which have not yet been constructed, include a tennis court, basketball court, baseball field, skate park, community garden, and passive and active open space. Additionally, a life-estate that remained on an adjoining parcel that was acquired by the City for future park purposes has since been vacated and the adjoining property is now also available for park development. City staff is working with a consultant to develop a cost estimate for three items from the master plan: (1) baseball field; (2) basketball court; and (3) tennis/pickleball court(s) to inform a potential project scope and project budget. Staff will present a cost estimate and a Resolution that would provide authority for staff to submit the funding applications if desired by the Council. OPTIONS: (1) Authorize staff to pursue the two above-mentioned RCO grants during the current 2022 application window and execute the attached Resolution; or (2) take other action as appropriate RECOMMENDED ACTION OR MOTION: Council discretion. BUDGET/FINANCIAL IMPACTS: By submitting applications in both the WWRP and LWCF programs the City could leverage up to 75% of a total project cost through grant funding for Greenacres Park. Any grants funds awarded would not be available before July of 2023 at the soonest. STAFF CONTACT: John Bottelli, Parks, Recreation & Facilities Director ATTACHMENTS: Resolution CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION 22-007 A RESOLUTION OF THE CITY OF SPOKANE VALLEY,SPOICANE COUNTY,WASHINGTON, RELATING TO AUTHORITY TO APPLY FOR TWO GRANTS FROM THE WASHINGTON RECREATION CONSERVATION OFFICE FOR GREENACRES PARK PHASE 2 DEVELOPMENT; AND OTHER MATTERS RELATING THERETO. WHEREAS,the City Council adopted its Parks and Recreation Master Plan 2019 Update (Parks Master Plan)on November 12,2019;which identified the need for additional developed park and recreational property in the City;and WHEREAS, state grant assistance is requested by the City to aid in financing the cost of certain improvements for the Greenacres Park Phase 2 development project(the Project);and WHEREAS, this Resolution authorizes City Manager John Hohrnan to act as the authorized representative/agent on behalf of Spokane Valley and to legally bind our organization with respect to the Project for which we seek grant funding assistance managed through the Recreation and Conservation Office(RCO). NOW,THEREFORE,BE IT RESOLVED that: Section I.The City intends to apply for funding assistance from RCO for the Project. Section 2. City Manager John Holunan is authorized to act as a representative for the City with full authority to bind the City regarding all matters related to the Project, including but not Iimited to,full authority to: (I)approve submittal of a grant application to RCO,(2)enter into a project agreement(s)on behalf of the City,(3) sign any amendments thereto on behalf of the City,(4)make any decisions and submissions required with respect to the Project,and(5)designate a project contact(s)to implement the day-to-day management of the grants. Section 3. The City has reviewed the sample project agreement on the RCO's website at: https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.pdf. The City understands and acknowledges that if offered a project agreement to sign in the future, it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample project agreement,and that such terms and conditions of any signed project agreement shall be legally binding on the City if the City's representative enters into a project agreement on our behalf The RCO reserves the right to revise the project agreement prior to execution and shall communicate any such revisions with the City's representative before execution. Section 4.The City acknowledges and warrants,after conferring with its legal counsel,that its authorized representative has full legal authority to enter into a project agreement(s) on its behalf substantially in the form contained in the sample project agreement or as may be revised prior to execution. Section S. Grant assistance is contingent on a signed project agreement. Entering into any project agreement with RCO is purely voluntary on the part of the City. The City understands that grant policies and requirements vary depending on the grant program applied to,the grant program and source of funding in the project agreement, the characteristics of the project, and the characteristics of our organization. The City further understands that prior to the City's execution of the project agreement(s), the RCO may make revisions to its sample project agreement,which the City will review,and which shall become legally binding upon full execution. Section 6.Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the Project. Section 7. If local matching funds are required for the grant, we understand the City must certify the availability of match at least one month before funding approval. In addition, our organization understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. Resolution 22-007 RCO Grant Page 1 of 4 Section 8.The City acknowledges that if it receives grant funds managed by RCO,RCO will pay the City on a reimbursement-only basis. The City understands reimbursement basis means that we will only request payment from the RCO after the City incurs and pays for grant-eligible and allowable costs. The RCO may also determine an amount of retainage for each project and hold that amount until the applicable project is complete. Section 9.The City acknowledges that any property acquired with grant assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in writing by the City and the RCO. The City agrees to dedicate the property in a signed"Deed of Right"for fee acquisitions,or an"Assignment of Rights"for other than fee acquisitions(which documents will be based upon the RCO's standard versions of those documents), to be recorded on the title of the property with the Spokane County Auditor. Section 10. The City acknowledges that any property acquired in fee title must be immediately made available to the public unless otherwise provided for in policy,the project agreement, or authorized in writing by the RCO Director. Section 11. The City acknowledges that any property owned by the City that is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or the RCO in writing and pursuant to the project agreement or an amendment thereto. Section 12. This Resolution was legally adopted pursuant to the laws of the City of Spokane Valley and the State of Washington,and is deemed to be part of the formal grant application to the Office. Section 13. Effective date. This Resolution shall be in full force and effect upon adoption. Adopted this 26th day of April, 2022. City of Spokane Valley Pam Haley, Mayor 7Ij> J S : Christine Bainbridge, City Clerk Approved as to form: Officethe Cih'Att Resolution 22-007 RCO Grant Page 2 of 4 Draft CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION 22-015 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, RELATING TO AUTHORITY TO APPLY FOR TWO GRANTS FROM THE WASHINGTON RECREATION CONSERVATION OFFICE FOR GREENACRES PARK PHASE 2 DEVELOPMENT: AND OTHER MATTERS RELATING THERETO. WHEREAS,the City Council adopted its Parks and Recreation Master Plan 2019 Update(Parks Master Plan)on November 12,2019;which identified the need for additional developed park and recreational property in the City;and WHEREAS, state grant assistance is requested by the City to aid in financing the cost of certain improvements for Greenacres Park Phase 2(the Project),RCO Project number(s)22-1693 and 22-1694;and WHEREAS,this Resolution authorizes City Manager John Hohman to act as the authorized representative/agent on behalf of Spokane Valley and to legally bind our organization with respect to the Project for which we seek grant funding assistance managed through the Recreation and Conservation Office(RCO). NOW,THEREFORE,BE IT RESOLVED that: Section 1.The City has applied for funding assistance managed by RCO for the above Projects. Section 2.The City authorizes the following persons holding specified titles/positions(and subsequent holders of those titles/positions) to execute the following documents binding our organization on the above projects: (1)John Bottelli,Parks,Recreation&Facilities Director—Grant application(submission thereof); (2) John Bottelli,Parks,Recreation&Facilities Director—Project contact(day-to-day administering of the grant and communicating with RCO); (3) John Hohman, City Manager - RCO Grant Agreement(Agreement); (4) John Hohman,City Manager—Agreement amendments; and(5)John Hohman,City Manager-Authorizing property and real estate documents(Notice of Grant,Deed of Right or Assignment of Rights if applicable). The above persons are considered"authorized representative(s)/agent(s)"for purposes of the documents indicated. The City shall comply with a request from the RCO to provide documentation of persons who may be authorized to execute documents related to the grant. Section 3. The City has reviewed the sample project agreement on the RCO's website at: https://rco.wa.gov/wp-content/uploads/2019/06/SampleProjAgreement.pdf. The City understands and acknowledges that if offered a project agreement to sign in the future,it will contain an indemnification and legal venue stipulation and other terms and conditions substantially in the form contained in the sample project agreement, and that such terms and conditions of any signed project agreement shall be legally binding on the City if the City's representative enters into a project agreement on our behalf. The RCO reserves the right to revise the project agreement prior to execution and shall communicate any such revisions with the City's representative before execution. Section 4. The City acknowledges and warrants, after conferring with its legal counsel, that its authorized representative(s)/agent(s)have full legal authority to act and sign on behalf of the City for their assigned role/document. Section 5. Grant assistance is contingent on a signed project agreement. Entering into any project agreement with RCO is purely voluntary on the part of the City. Resolution 22-015 RCO Grant 2022 Draft Section 6.The City understands that grant policies and requirements vary depending on the grant program applied to, the grant program and source of funding in the project agreement, the characteristics of the project,and the characteristics of our organization. Section 7.The City further understands that prior to the City's authorized representative(s)/agent(s) executing any of the documents listed above,the RCO may make revisions to its sample Agreement, and that such revisions could include the indemnification and the legal venue stipulation. The City accepts the legal obligation that the City shall,prior to execution of the Agreement(s),confer with the City's authorized representative(s)/agent(s)as to any revisions to the project Agreement from that of the sample Agreement. The City also acknowledges and accepts that if the City's authorized representative(s)/agent(s)executes the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be conclusively deemed to be executed with the City's authorization. Section 8.Any grant assistance received will be used for only direct eligible and allowable costs that are reasonable and necessary to implement the Project. Section 9. If local matching funds are required for the grant,we understand the City must certify the availability of match at least one month before funding approval. In addition,our organization understands it is responsible for supporting all non-cash matching share commitments to this project should they not materialize. Section 10.The City acknowledges that if it receives grant funds managed by RCO,RCO will pay the City only on a reimbursement basis. The City understands reimbursement basis means that we will only request payment from the RCO after we incur grant eligible and allowable costs and pay them. The RCO may also determine an amount of retainage and hold that amount until all project deliverables, grant reports, or other responsibilities are complete. Section 11. The City acknowledges that any property owned by the City that is developed,renovated, enhanced, or restored with grant assistance must be dedicated for the purpose of the grant in perpetuity unless otherwise allowed by grant program policy,or the RCO in writing and pursuant to the project agreement or an amendment thereto. Section 12.This Resolution is deemed to be part of the formal grant application to the RCO. Section 12. The City warrants and certifies that this Resolution was properly and lawfully adopted following the requirements of the City of Spokane Valley and applicable laws and policies and that the City has full legal authority to commit to the warranties,certifications,promises and obligations set forth herein. Section 13. Resolution 22-007 is repealed in its entirety and replaced with this Resolution 22-015. Section 14.Effective date. This Resolution shall be in full force and effect upon adoption. Adopted this day of August,2022. City of Spokane Valley ATTEST: Pam Haley,Mayor Christine Bainbridge, City Clerk Approved as to form: Office of the City Attorney Resolution 22-015 RCO Grant 2022 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 16, 2022 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: Council Goals and Priorities for Use of Lodging Tax Revenues GOVERNING LEGISLATION: Imposition of tax, set-up of Lodging Tax Advisory Committee (LTAC) and determination of qualified expenditures is governed by RCW 67.28; and Spokane Valley Municipal Code 3.20. PREVIOUS COUNCIL ACTION TAKEN: An administrative report was delivered to Council on this topic on July 19, 2022. BACKGROUND: On July 19, 2022 an administrative report was delivered to Council that addressed the process leading to the annual award of lodging tax proceeds to applying organizations. Topics in the report included a discussion on the tax itself as well as the roles of the Lodging Tax Advisory Committee (LTAC) and City Council. At the conclusion of the discussion on July 19th Council requested modifications to the second goal so as to deemphasize capital expenditures and include a preference for destination marketing projects. Also, the fourth goal has been modified to better reflect changes to the City's participation in the Spokane County Tourism Promotion Area. A redlined copy of the goals showing the changes is included as an attachment to this report while a clean copy of the goals is as follows: Council Goals and Priorities for Use of the Initial 2% Lodging Tax In August 2013 Council for the first time adopted goals and priorities for how it would distribute lodging tax revenues and that it encouraged the LTAC to consider when making award recommendations. Based upon subsequent discussion between Council and staff in 2014 through 2022, these have evolved as proposed below: 1. Council desires to direct awards toward funding new and innovative projects, activities, events or festivals that will distinguish Spokane Valley as a tourism destination and result in increases to Spokane Valley tourism. As part of this goal, Council will use lodging taxes for the purposes allowed in State law, which include: a. Tourism marketing b. The marketing and operations of special events and festivals c. The operation and capital expenditures of tourism related facilities owned or operated by a municipality or public facility district d. The operation (but not capital expenditures) of tourism related facilities owned or operated by non-profit organizations. 2. Council will prioritize funding for destination marketing projects that promote the City as a tourist destination and for capital expenditures to develop tourism destination facilities or venues within Spokane Valley as a means of drawing additional visitors to the City (recognizing that this option is limited to facilities owned by a municipality or public facility district). 3. Council recognizes that lodging nights are an important measure of a successful event or marketing program and will place higher consideration on events or programs with a demonstrable history of increasing overnight stays. Council may also take into consideration to a lesser degree the economic impact of all major components of our tourism-based economy including shopping, dining and overnight visits. 4. Council will take into consideration revenues received by applicants that were derived from other sources within Spokane Valley and other municipal entities and agencies such as any standing Tourism Promotion Authority and the Spokane Public Facilities District. 5. An award to any particular applicant cannot be greater than the dollar amount requested in that applicant's application. 2022 Timeline Leading to 2023 Awards of the Initial 2.0% Lodging Tax The calendar we plan to follow in 2022 for 2023 lodging tax awards is as follows: Tues 7/19/2022 Admin Report - Review Council goals and priorities for use of lodging tax proceeds. Tues 8/16/2022 Motion seeking Council approval of goals and priorities for the use of lodging tax proceeds. Fri 8/26/2022 City runs notice in newspaper, places on web site, and sends letters to 2022 award recipients and others agencies that may have expressed interest. Fri 9/30/2022 Grant proposals are due to City by 4pm (no late submittals will be accepted). Fri 10/7/2022 Applications sent to Lodging Tax Advisory Committee for review. Thurs 10/20/2022 8:30 am Applicant presentations to Committee. Tues 11/8/2022 Formal Council Meeting Admin Report: LTAC Recommendations to City Council Tues 12/13/2022 Formal Council Meeting City Council Motion Consideration: Award Lodging Tax for 2023 RCW 67.28.1817 requires that the City wait for a period of at least 45 days after the LTAC meeting before action can be taken by the City Council. 12/13/2022 Council Action 10/20/2022 LTAC meeting 54 days OPTIONS: Approve Council goals and priorities for the use of lodging tax revenues with or without modifications. RECOMMENDED ACTION OR MOTION: Move to approve the Council goals and priorities for the use of lodging tax revenues as written. BUDGET/FINANCIAL IMPACTS In 2022 the 2% portion of the lodging tax is currently budgeted at $600,000 and the 1.3% portion at $400,000. Lodging tax collections appear to have recovered to pre-pandemic levels. We will be watching revenue collections closely as the year progresses; however, staff expects 2023 budgeted amounts to be at or exceed the 2022 budgeted amounts. STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: Redlined copy of Council Goals and Priorities for Lodging Tax Council Goals and Priorities for Use of the Initial 2% Lodging Tax In August 2013 Council for the first time adopted goals and priorities that it encouraged the LTAC to consider when making award recommendations. Based upon subsequent discussions between Council and Staff in the years of 2014 through 2021 , these have evolved as follows: 1. Council desires to direct awards toward funding new and innovative projects, activities, events or festivals that will distinguish Spokane Valley as a tourism destination and result in increases to Spokane Valley tourism. As part of this goal, Council will use lodging taxes for the purposes allowed in State law, which include: a. Tourism marketing b. The marketing and operations of special events and festivals c. The operation and capital expenditures of tourism related facilities owned or operated by a municipality or public facility district d. The operation (but not capital expenditures) of tourism related facilities owned or operated by non-profit organizations. 2. Council will emcee-prioritize the utilization of fundcfunding for destination marketing projects that promote the City as a tourist destination and for capital expenditures to develop tourism destination facilities or venues within the City of Spokane Valley as a means of drawing additional visitors to the City (recognizing that this option is limited to facilities owned by a municipality or public facility district). Council would like to move in the direction of allocating a majority of lodging taxes toward this purpose. 3. Council recognizes that lodging nights are an important measure of a successful event or marketing program and will place higher consideration on events or programs with a demonstrable history of increasing overnight stays. Council may also take into consideration to a lesser degree the economic impact of all major components of our tourism-based economy including shopping, dining and overnight visits. 4. Council will take into consideration revenues received by applicants that were derived from lodging other sources within Spokane Valley and received by applicants from other municipal entities and agencies such as the Spokane County any standing Tourism Promotion Authority and the Spokane Public Facilities District. 5. An award to any particular applicant cannot be greater than the dollar amount requested in that applicant's application. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 16, 2022 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—STV-2022-0001, a City-initiated street vacation of an unopened alleyway connecting Mission and Park. GOVERNING LEGISLATION: Chapter 22.140 Spokane Valley Municipal Code; RCW 35A.47.020 chapter 35.79 RCW;and Resolution 07-009. PREVIOUS COUNCIL ACTION TAKEN: • April 26, 2022 Council adopted Resolution 22-004 setting the Public Hearing date before the Planning Commission; • May 31,2022 Council adopted Resolution 22-008 resetting the Public Hearing date before the Planning Commission. BACKGROUND: The unnamed alleyway was dedicated by the Park Road Plat in 1949.The right-of-way proposed to be vacated is approximately 370 feet by 20 feet for an area of approximately 7,400 square feet. The area is in the shape of an `L' connecting Park Road and Mission Avenue. The right-of-way has remained unopened and unimproved for 73 years. The unnamed alley is adjacent to seven parcels (35131.0101 and 35131.0102, 35131.0103, 35131.0104, 35131,0105, 35131.0106, and 35131.0107). The request was initiated by the City.The City has had to perform on-going maintenance and weed control in the unimproved alley.The right-of-way is not needed by the City and it would be better used by allowing the adjacent property owners use of the property under private ownership as well as transfer of the maintenance responsibility. On April 19,2022,the City Council consented to move Resolution 22-004 to the Consent Agenda for April 26, 2022. On May 31, 2022 City Council passed Resolution 22-008 amending Resolution 22-004 to reschedule the public hearing date to July 14, 2022. The Planning Commission conducted a study session on June 23,2022 and a public hearing on July 14,2022.The Planning Commission voted 6-1 to recommend approval for the street vacation(STV-2022-0001)to the City Council. SVMC 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, and the proposed division of the vacated right- of-way among abutting property owners. In situations where the adjoining property owners apply for a street vacation,City Council would decide whether to require compensation for the right-of-way and when it is to be paid pursuant to Resolution 07-009. The City does not require payment for a vacation from the property owners gaining property when the vacation is initiated by the City. Division of Vacated Right-of-Way to Abutting Property Owners: Half of the 20-feet wide alley way shall be granted to the adjacent property owners with the exception of the two parcels located at the corner of the L-shaped alleyway(parcel number 35134.0106 and 35131.0101). The distribution of right-of-way in this area is irregular. Compensation for Right-of-Way: Since the City initiated the application,the City will not charge fees for the application process, nor will it seek compensation for the value of the land being vacated. OPTIONS: Consensus to proceed with first ordinance reading as proposed; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Consensus to proceed with first ordinance reading at the August 23,2022 meeting. BUDGET/FINANCIAL IMPACTS:None. STAFF CONTACT: Lori Barlow,AICP, Senior Planner ATTACHMENTS: 1. PowerPoint Presentation 2. Unsigned Planning Commission Findings and Recommendations 3. Planning Commission Meeting Minutes for the following meetings: a. June 23,2022-Approved b. July 14,2022 -Approved c. July 28,2022 -Draft 4. Staff Report and Recommendation to the Planning Commission including exhibits 5. Resolution 07-009 Mission & Park Street Vacation STV-2022-000 1 City Council Administrative Report August 16, 2022 Lori Barlow, AICP, Senior Planner Spokane `� jValley® Location of proposed vacation _ . Mission Avenue • lit -------'--------- I III ^ - • ___ --'' _ _rtr4C12009 I '‘,) . 1 1 ... 1111 111111111111 1111 IN11111110 INN I ..1,_ i um 11111111/' [M A Mission 1 MII 4111110114 - — 7 Nom w. Avenue .. gpi m-' .kii. , —11•11114P1 i ) - t . mollusito, ; I - --i r t .. 't 1- -.. P io•iill ' ----f-,— • m'.— 1111C1 :, - _ 11 , - __). V• —ri i. I —= — ., ..z.• 9,40,7- - 0"." — 4111111W4-] , , . ,... . • . , DJ a hl 71—Fri — r F um ' 1 i et 1 imm I.[ *IBM 1111111M 1111 mmi m „ ,--- alimiiimm h t Enanomi I\ I_ .. •,. ti. -I I 414 00 /(I'D c---M 111=1 --/' __ _ _ 44.'" I ---' ,__,___--e---=--,_f Stmt."A 10 1 J 1 111 i I I = I ---. emi LIt u , 1 8/16/2022 CC Administrative Report-STV-2022-0001 ... c Process c h.1 o czt Today a� Administrative ° c Report L ,� = ••j, Study Session 8-16-2022 c ,w cu :'' •4 June 23, 2022 t o �, t w Ord. 1st Reading t eto Public Hewing 8-23-2022 w cz w Ct = Cli July 14, 2022 1 •� cJ g ,: ° Ord. ct L. Ct • ct .• = Findings of Fact 2nd Reading et •5 et � July 28, 2022 8-30-2022 c o Decision VI IV "ii. IVerrm — i I -- .-1 1 st Phase of street vacation 2nd Phase of street vacation 8/16/2022 CC Administrative Report-STV-2022-0001 3 Publicg Hearin Noticin g . , . , . : . POSTING ..,__ • Posted on each end of area to be vacated • Posted in 3 places (City Hall, -` _- CenterPlace and Spokane Valley Library) • Mailed to property owners abutting vacation .s PUBLISHED: �� - , • Published in Valley Herald and Exchange (2 times) 8/16/2022 CC Administrative Report-STV-2022-0001 4 Agency Comments and Conditions Agency Received Comments Conditions Requested COSV Public Works — Engineering Yes NO COSV Public Works — Stormwater Yes NO COSV Public Works — Traffic No NO COSV Public Works — Maintenance Yes NO Spokane Valley Fire District No.1 Yes NO Spokane County Environmental Services Yes NO Spokane Regional Health District Yes NO Yellowstone Pipeline Yes NO Spokane County Water District #3 Yes NO Avista Utilities Yes — Electrical Distribution Utility Easement Facilities located in ROW Century Link (Lumen) Yes — Aerial cable facilities in Utility Easement the alleyway Comcast No COSY = City of Spokane Valley 8/16/2022 CC Administrative Report-STV-2022-0001 Street Vacation Details - 1 ._ Ala .. 2 7 — . — . — . - - • — Mission = -= 5 ie AVISTA EasementJT r 1520N �` e Bowman Rd Nil' M I 0 5131.0143 ♦- 1517 N 10' wide utility easement Park Rd 3531 102 ; I el along west 10' along Lots '� , ; - I 1514 N • I a2-5 and 10' wide o I 35131.i3u"1U�`M1a`' +35131. � easement along the north o I side of Lot 6 i. 'BowmanRcl 1307N I' 35131.0105 Park Rd I 35131.0101 I• LUMEN\Century LinkJr 1 r; I 10- wide easement the Brno an Rd AI 35131.0106 - length of the entire alley 1425N Palk Rd pp 35131.0107 A4 1 O • Exact location to be ) ' . 1421 N I i 1422 N Park Rd determined S „�re Rnwman RA '1G1 Z1 14NO— I Pi F `i ` ! 8/16/2022 CC Administrative Report-STV-2022-0001 6 Street Vacation Details 1 I I 1 4P 7 ' .. r 1/2 of the ROW distributed to • - Mission ,, ,5 _ each adjacent lot 4 1520N �, ' 1 Bowman Rd 35131.0103 ♦ 1517 N r 1• a Park Rd r • Exception proposed due to 1 035131.0102 r I _ r irregular shape 1 Bowman Rd s eTJ 035131.0104 ♦ A, I 1504 N. Bowman 0 aw 1507 N Park 1508 N Bowman Rd 1507 N R 35131.0105 Park Rd Easements established by *s'3'.o1a �1 Itia:41I1. I 1504 N 1 Record of Survey I .33131.016d ,�1 1425N Park Rd ' 3 5131.0107 4 li' ii 1I '� 1421N 1422 N Park Rd .1 o...N.....a+ J a CS. 8/16/2022 CC Administrative Report-STV-2022-0001 7 City Council Consideration Pursuant to SV M C 2 2. 140.040: 1. Planning Commission findings; 2. Conditions and/or limitations deemed appropriate to preserve public use or benefit; includes retaining or requiring easements; 3. Specifies which portion of street goes to abutting property owners; and 4. Feasibility to require compensation based upon Resolution 07-009. 8/16/2022 CC Administrative Report-STV-2022-0001 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION Pursuant to Spokane Valley Municipal Code (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's decision to recommend approval of File No. STV-2022-0001. A. Background: 1. Chapter 22.140 SVMC, governing street vacations, was adopted in September 2007 and became effective on October 28, 2007. 2. STV-2022-0001 is a City-initiated street vacation of a 20 foot wide alleyway extending from Mission Avenue to Park Avenue. The alleyway is an `L' shaped portion of unimproved right-of-way (ROW) approximately 7,900 square feet in size. 3. The Planning Commission held a properly noticed public hearing and conducted deliberations on July 14, 2022. The Planning Commission voted 6-1 to recommend approval of STV-2022-0001 to the City Council. B. Planning Commission Findings: Compliance with SVMC 22.140.030 1. Whether a change of use or vacation of the street or alley will better serve the public. The area proposed to be vacated abuts seven parcels. Each parcel takes direct access from the front of the lot abutting either Mission Avenue, Bowman or Park Road. AVISTA and LUMEN(formerly Century Link) have utilities located in the alleyway and have requested to retain rights for the maintenance, construction, and reconstruction as required. AVISTA has determined specifically where the easement will be located, but LUMEN has not specified the exact location of the aerial utilities to date but will be required to do so prior to finalizing the vacation. It is assumed that the aerial utilities are attached to the AVISTA poles. The vacation is expected to have no impact on the general public. 2. Whether the street or alley is no longer required for public use or public access. The area proposed to be vacated is currently unimproved vacant land not being used for public access and is not required for current or future public access. Stormwater improvements are in Mission Avenue and Park Road. Stormwater improvements are not needed. Since the lots are fully developed, future stormwater improvements are not anticipated. 3. Whether the substitution of a new and different public way would be more useful to the public. There is no substitution being proposed as part of the vacation. The City's review has determined no need for a new or different public way in this location. All lots abutting the alleyway have access from either Mission Avenue, Park Road or Bowman Road. Findings and Recommendations of the Spokane Valley Planning Commission STV-2022-0001 Page 1 of 3 4. Whether conditions may so change in the future as to provide a greater use or need than presently exists. The surrounding properties are developed and take access from the improved streets. There are no anticipated changes in the future that would require the use of the subject ROW for public access. 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. Notice of the public hearing was made by posting written notice at City Hall, CenterPlace, and the Spokane County Library District library facility in Spokane Valley; publishing notice in the Spokane Valley Herald,posting both ends of the ROW to be vacated, and a direct mailing to property owners adjacent to the proposed vacations. To date, no objections by the public or governmental agencies have been received. C. Conclusions: The findings confirm that the criteria set forth in SVMC 22.140.030 have been met. D. Recommendation: The Spokane Valley Planning Commission therefore recommends the City Council approve STV-2022-0001. 1. The vacated property shall be transferred to the owners of the abutting parcels(35131.0101, 35131.0102, 35131.0103, 35131.0104, 35131,0105, 35131.0106, and 35131.0107) as shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 4 below. Such property shall become part of each abutting parcel. 2. The City shall establish an easement acceptable to AVISTA for access and preservation of existing services within the area to be vacated. The location and recording number shall be shown on the record of survey 3. The City shall establish an easement acceptable to LUMEN for access and preservation of existing services within the area to be vacated. The location and recording number shall be shown on the record of survey 4. 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 completed. 5. 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. Findings and Recommendations of the Spokane Valley Planning Commission STV-2022-0001 Page 2 of 3 6. 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. 7. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. Approved this 28th day of July, 2022 Planning Commission,Chairman ATTEST Marianne Lemons, Office Assistant Findings and Recommendations of the Spokane Valley Planning Commission STV-2022-0001 Page 3 of 3 Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall June 23, 2022 I. Planning Commission Chairman McKinley called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners, staff, and audience stood for the Pledge Of Allegiance III. Administrative Assistant Deanna Horton took attendance, and the following members and staff were present: Fred Beaulac Cary Driskell, City Attorney Susan Delucchi Tony Beattie, Senior Deputy City Attorney Karl Granrath, absent Chaz Bates, Planning Manager Walt Haneke Deanna Horton, Administrative Assistant Bob McKinley Greg Bingaman, IT Specialist Nancy Miller Lori Barlow, Senior Planner Sherri Robinson There was consensus to excuse Commissioner Granrath from the meeting. IV. AGENDA: Commissioner Robinson moved to approve the June 23, 2022 agenda as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed V. MINUTES: Commissioner Haneke moved to approve the May 26, 2022 amended minutes as presented There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. VI. COMMISSION REPORTS: There were no Commission reports VII. ADMINISTRATIVE REPORT: There was no administrative report VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: a. Study Session: STV-2022-0001. Street Vacation of Right-of-Way Between Mission Avenue And Park Road 06-23-2022 Planning Commission Minutes Page 2 of 3 Senior Planner Lori Barlow gave a presentation regarding STV-2022-0001, a City initiated street vacation of a right-of-way (ROW) located between Park Road and Mission Avenue. Ms. Barlow explained the process for vacating a portion of a City- owned ROW. The public hearing for this item has been set for July 14, 2022. The property is in the southwest corner of the corner of Park Road and Mission Avenue and was an alleyway in the original plat dedication. The ROW is currently not serving as access to any of the properties. There are existing utilities in the ROW including Avista& Lumen. Ms. Barlow stated that the staff review showed that the ROW is not needed for connectivity of streets in the area, would not affect the traffic volumes on the existing streets, would not be used for future development, and does not provide access to any of the adjacent properties. Since there are some utilities in the ROW, conditions would be needed to provide easements for those utilities if the street vacation is granted. Ms. Barlow explained that the property is currently being used for storage by the property owners and the City is responsible for the weeds and debris in the ROW. Once vacated, the property owners will take responsibility for the taking care of the property and the land can be developed for private use. The allocation for the vacated area will be one-half of the ROW distributed to each adjacent lot. Commissioner Haneke asked which utilities are in the ROW. Ms. Barlow answered that Avista and Lumen both have utilities in the area. Commissioner Haneke asked what access would be provided for those service providers. Ms. Barlow answered that they requested an easement from Mission Avenue to Park Road. Commissioner Haneke expressed concern about fences being built in the easement and causing issues for access to the utilities. Ms. Barlow responded that fences could be built in the easement but if access is needed, the fence may have to be removed. Commissioner Haneke asked if the property owners want the vacation. Planning Manager Chaz Bates responded that if more than 50%of the adjacent property owners are in opposition of the street vacation, it will not pass through the process. Commissioner Haneke asked if the property owners have been notified. Mr. Bates responded that the property will be posted with signs and a letter will be sent out to all the adjacent property owners notifying them of the public hearing and the proposed street vacation. Commissioner Beaulac asked if the City would provide the survey showing the new property Iines or if the property owners would be responsible for hiring a surveyor to draw the lines. Ms. Barlow answered that the City contracts with an engineering firm that will draft the new survey and legal descriptions. City Attorney Cary Driskell clarified that the City initiated the street vacation after a few of the adjacent property owners made inquiries about the possibility of a street vacation. Commissioner Haneke expressed that he wants to make sure that the property owners are aware of what is going on and know what the street vacation will mean to them. Commissioner Haneke asked if the owners would have to pay additional property tax when they receive the additional property. Mr. Driskell answered that the owners will have to pay the property tax for the newly acquired property. 06-23-2022 Planning Commission Minutes Page 3 of 3 Commissioner Robinson stated that she went to see the property and saw that the property owners are using it as parking and have already assumed the area as their own. Commissioner McKinley stated that he also went to see the property and feels that it makes sense to vacate the property. X. GOOD OF THE ORDER: Commissioner Delucchi mentioned that June 23rd is National Pink Flamingo Day. XL ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 6:32 p.m. The vote on the motion was six in favor, zero against and the motion passed. Bob McKinley, Chair Date Signed Marianne Lemons, Secretary Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall July 14, 2022 I. Planning Commission Chairman McKinley called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners, staff, and audience stood for the Pledge Of Allegiance III. Planning Commission Secretary Marianne Lemons took attendance, and the following members and staff were present: Fred Beaulac Cary Driskell, City Attorney Susan Delucchi Tony Beattie, City Senior Deputy Attorney Karl Granrath Chaz Bates, Planning Manager Walt Haneke Lori Barlow, Senior Planner Bob McKinley Marianne Lemons, Administrative Assistant Nancy Miller Chad Knodel, IT Manager Sherri Robinson IV. AGENDA: Commissioner Beaulac moved to approve the July 14, 2022 agenda as presented There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed V. MINUTES: Commissioner Delucchi moved to approve the June 23, 2022 minutes as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed VI. COMMISSION REPORTS: Commissioner Delucchi stated that she attended the Greenacres Park meeting and feels that it is going to be a beautiful neighborhood park. Commissioner Robinson reported that she attended the Farmer's Market at Center Place and the West Lawn Expansion at that location looks wonderful. VII. ADMINISTRATIVE REPORT: Senior Planner Chaz Bates stated that the City Council adopted the code text amendment regarding community services at the June 28th meeting. They made the following three changes to the amendment: they removed transitional housing from the buffer requirements, they increased the distance buffer to one mile, and they added a provision that allows the City Administrator to authorize a 30-day emergency shelter in the event of severe cold, heat, smoke, etc. Mr. Bates mentioned that there was a survey regarding the Greenacres park on the City website to get local feedback on the park. Mr. Bates also stated that the City was working with Spokane County and the City of Spokane to come up with a plan to use $24 million dollars to address"Camp Hope," the homeless camp in Spokane. VIII. PUBLIC COMMENT: There was no public comment. 07-14-2022 Planning Commission Minutes Page 2 of 4 IX. COMMISSION BUSINESS: a. Public Hearing: STV-2022-0001. Street Vacation of Right-of-Way Between Mission Avenue And Park Road The public hearing was opened at 6:06 p.m. Senior Planner Lori Barlow gave a presentation regarding STV-2022-0001, a City initiated street vacation of a right-of-way (ROW) located between Park Road and Mission Avenue. Ms. Barlow explained the process for vacating a portion of a City-owned ROW. She stated that the notice of public hearing was posted on each end of the area to be vacated by a large street vacation sign, it was posted in three locations within the City, written notice was mailed to the abutting property owners, and the notice was published twice in the Valley Herald and the Exchange newspapers. Ms. Barlow explained that the property is in the southwest corner of the corner of Park Road and Mission Avenue and was an alleyway in the original plat dedication. The area is approximately 7,400 square feet and in the shape of an "L" connecting Park Road and Mission Avenue. The area is unimproved, and the City has had to perform on-going maintenance and weed control. The ROW is currently not serving as access to any of the properties. There are existing utilities in the ROW including Avista& Lumen. Ms. Barlow stated that Avista requested a 10' utility easement along the west and north side of the alley. Lumen requested a 10' wide easement the entire length of the alleyway but reserved the right to determine the exact location needed. However, their aerial lines in the area are located on the Avista poles so staff feels that the easement would be the same location for both utility companies. Those details will be spelled out in detail prior to recording the street vacation. Ms. Barlow explained that per the code requirements, half of the ROW vacation will be distributed to each adjacent lot and the required easements will be established and dedicated by a record of survey for the location. Ms. Barlow explained the review criteria outlined in the code and the staff determination based on review of that criteria. The staff analysis determined that the City does not have a need for the ROW. She also stated that the City had not received any written objections to the vacation (but did have a telephone conversation with the property owner of lot 5 who was concerned about losing access to his back gate). Commissioner Robinson asked if the public survey would be conducted and paid for by the City (not the responsibility of the property owners). Ms. Barlow answered that since the request was City-initiated, the City would be hiring the engineering firm and paying the cost of the survey and any associated recording fees. A public comment was read into the record by Planning Commission Secretary Marianne Lemons for Susan Welsh, the owner of Parcel #35131.0102. She stated that if the vacation is approved, she would request a proper survey and the installation of corner pines for each affected property to prevent any discrepancies or disputes among the property owners. No other public comment was offered. The Public Hearing was closed at 6:18 p.m. Commissioner Delucchi asked if the City considered fencing off the area rather than vacating it. Ms. Barlow responded that it is not customary to fence ROW because ROW's need to be 07-14-2022 Planning Commission Minutes Page 3 of 4 accessible to the public and utility companies. Also, fencing would not alleviate the City responsibility of maintenance of the ROW. Commissioner Beaulac expressed concern that the City did not receive any public comment. He stated that he would like to hear from the residents that live there before approving the vacation. Ms. Barlow responded that the street vacation request was initiated due to complaints by the property owners and the City's trouble maintaining the area. If the vacation request is granted; it will absolve the City from maintenance and the property owners will be able to fence and use the property for storage. Commissioner Granrath commented that the area will be vacated but it will be turned into a utility easement instead of a City-maintained alleyway. Commissioner Haneke mentioned that the extra square footage given to the property owners will allow them to build slightly bigger buildings (if wanted) due to the larger area for setbacks. Commissioner Miller moved to recommend approval of STV-2022-0001. There was no discussion. The vote on the motion was six in favor, one opposed, with Commissioner Beaulac dissenting and the motion passed. b. Study Session: STV-2022-0002: Street Vacation of 1,553 square feet of unimproved right-of-way intersecting with Appleway Boulevard, Senior Planner Lori Barlow gave a presentation regarding STV-2022-0002. She explained that the request was for a privately initiated street vacation to vacate 1,553 square feet of unimproved ROW intersecting with Appleway Boulevard. The property is located about 800' west of Barker Road and is on the northside of Appleway Boulevard. It is a an irregularly shaped segment of an unimproved alleyway that is about twenty feet wide and extends about seventy-five feet. The ROW was recorded originally on the Corbin Addition to Greenacres plat in 1924 but there have been several land use actions that have occurred over the years. Division and consolidated of lots have reduced the alley to a dead end. The west end of alley does not connect to the east portion of the alley because of the turn radius. The alley way is not currently used for access but there are utilities located in the ROW for Avista and Consolidated Irrigation District. Ms. Barlow stated that the applicant, Cameo Lofts, LLC is requesting the street vacation based on the following reasons: • Historical division and consolidation of lots have reduced the alley to a dead-end of the west end of the alley that cannot connect to the east because of the turn radius. • The boundaries of the bisected alley is between two parcels under the same ownership. • The vacation would reduce the number of access points onto Appleway Boulevard which would remove confusion (since the alley is a dead end). • The vacation would improve aesthetics since the alley has attracted nuisances and abandoned vehicles. Ms. Barlow stated that the informal staff analysis shows that the requested street vacation does meet the criteria outlined in the code. She said that the formal and detailed report regarding the staff review will be included in the information provided for the public hearing on July 28, 2022. 07-14-2022 Planning Commission Minutes Page 4 of 4 Commissioner Robinson stated that the street vacation would improve the aesthetic of the area. Commissioner Delucchi asked if the rest of the alleyway is being used. Ms, Barlow answered that the alleyway is not being used as a connector to Appleway Avenue and it will remain unchanged. Commissioner Haneke asked who owns the alleyway. Ms. Barlow answered that the City owns it. Mr. Haneke stated that the alley is full of cars (many of which look inoperable). Commissioners Beaulac, McKinley, and Miller stated that they did not have any objection to the request. Commissioner Granrath asked if the curb cut will remain after the street is vacated. Ms. Barlow answered that she would confirm with City Development Engineer prior to the public hearing. Commissioner Haneke requested an updated picture of the site prior to the Public Hearing. He also stated that if the alley is vacated, the access point onto Appleway should also be vacated. The public hearing on this matter will be held at the next Planning Commission meeting. X. GOOD OF THE ORDER: Commissioner Robinson stated that she is proud of the leadership in Spokane Valley after seeing water issues happening in other jurisdictions. Commissioner Granrath apologized for missing the last meeting. XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 7:00 p.m. The vote on the motion was seven in favor, zero against and the motion passed. Bob McKinley, Chair Date Signed Marianne Lemons, Secretary 4 Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall July 28,2022 I. Planning Commission Chairman McKinley called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners, staff, and audience stood for the Pledge Of Allegiance III. Planning Commission Secretary Marianne Lemons took attendance, and the following members and staff were present: Fred Beaulac Tony Beattie, City Senior Deputy Attorney Susan Delucchi Chaz Bates, Planning Manager Karl Granrath Lori Barlow, Senior Planner Walt Haneke Nikki Kole, IT Specialist Bob McKinley Marianne Lemons, Administrative Assistant Nancy Miller Sherri Robinson IV. AGENDA: Commissioner Haneke moved to approve the July 28, 2022 agenda as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. V. MINUTES: Commissioner Beaulac moved to approve the July 14, 2022 minutes as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. VI. COMMISSION REPORTS: There were no Planning Commission reports. VII. ADMINISTRATIVE REPORT: Senior Planner Chaz Bates stated that the City has hired a new planner, Greg Norris. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: a. Findings of Fact: STV-2022-0001 - Street Vacation of Right-of-Way Between Mission Avenue And Park Road Senior Planner Lori Barlow presented the Findings of Fact for STV-2022-0001 for 07-28-2022 Planning Commission Minutes Page 2 of 4 the street vacation of right-of-way (ROW)between Mission Avenue and Park Road. She stated that the Planning Commission held a public hearing on the proposed street vacation at the July 14, 2022 meeting. After receiving public testimony, the Planning Commission moved and voted 6-1 to recommend approval to the City Council. She explained that the approval of the Findings Of Fact would formalize the recommendations that were made at the public hearing. Commissioner Miller moved to approve the Findings of Fact for STV-2022-0001 as presented. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. b. Public Hearing: STV-2022-0002: Street Vacation of 1,553 square feet of unimproved right-of-way intersecting with Appleway Boulevard. The public hearing was opened at 6:15 p.m. Senior Planner Lori Barlow gave a presentation regarding STV-2022-0002. She explained that the request was for a privately initiated street vacation to vacate 1,553 square feet of unimproved ROW intersecting with Appleway Boulevard. The property is located about 800' west of Barker Road and is on the northside of Appleway Boulevard. It is a an irregularly shaped segment of an unimproved alleyway that is about twenty feet wide and extends about seventy-five feet. Ms. Barlow explained that a study session was held at the July 14, 2022 meeting and noticing of the public hearing was posted on each end of the area to be vacated, was posted in three places within the City, was mailed to property owners abutting the vacation, and was published twice in the Valley Herald and the Exchange. Ms. Barlow stated that the street vacation request was sent out to all associated agencies and the City received requests for conditions from Consolidated Irrigation District#19 and Avista Utilities for utility easements where their utilities are located. She explained that the water utilities are in the current easement, but Avista has a small portion that is located outside of the current easement boundaries. She requested that the Planning Commission add a condition of approval to grant an easement that is acceptable to Avista to encompass all their utility lines. In addition to the utility easements, an access easement to the adjacent property owned by Major and Corinna Bambino will be retained. Ms. Barlow stated that the staff analysis showed that the requested street vacation does meet the criteria outlined in the code and staff recommended that it should be approved with the conditions outlined in the staff report and the additional condition for Avista. Commissioner Haneke commented that the area is full of inoperable vehicles and garbage that is a public nuisance. Ms. Barlow responded that the area has been reported to the City Code Enforcement Department for determination of code violations. The item was opened for public comment: 07-28-2022 Planning Commission Minutes Page 3 of 4 The applicant, Jeremy Hopson with Cameo Lofts, LLC (Plummer, ID) stated that he has reviewed the staff report and is willing to comply with all the required conditions of approval (including the addition of the requirement for Avista). He explained that the reason he is requesting the street vacation is to add some additional amenities to the clubhouse that is adjacent to the proposed street vacation area. The property owner, Major Bambino (Spokane Valley) stated that he is in opposition of the street vacation because he is concerned that the vacation will eliminate access to the lower garage area. The property tenant, David Beech (Spokane Valley) stated that he is renting the Bambino property and was also in opposition to the street vacation because it would eliminate his access to the lower level of the garage building. Commissioner Delucchi asked the applicant about the access easement. Mr. Hopson responded that the access easement exists and was recorded in 1974. He explained that it would be retained if the street vacation was approved, and the remaining vacated area would be used to provide yard games for the clubhouse. Ms. Barlow confirmed that the access easement was recorded with Spokane County under auditor number 901810A and it will be retained as part of the street vacation process. Commissioner McKinley asked if the access easement extends all the way to the garage door of the building. Ms. Barlow responded that she assumed it would extend all the way but couldn't confirm definitively. The public hearing was closed at 7:08 p.m. Commissioner Beaulac moved to recommend approval ofSTV-2022-0002, subject to the staff conditions, including an additional condition to grant an easement that is acceptable to Avista to encompass all their utility lines. Commissioner Haneke stated that he did not want to recommend approval until it was confirmed that the applicant had adequate access through the access easement. There was a lengthy discussion regarding access to the Bambino property and if it was adequate for the tenant to get to all areas of the property. Commissioner Beaulac moved to withdraw his recommendation to approve motion. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. Commissioner Delucchi moved to reopen the public hearing at 7:45 p.m. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. Commissioner Delucchi moved to continue the public hearing to the August 11, 2022, meeting so that additional information could be presented regarding the access easement. There was no discussion. The vote on the motion was seven in favor, zero against, and the motion passed. X. GOOD OF THE ORDER: Chairman McKinley stated that he will not be at the next meeting and Vice-Chair Robinson will be chairing the meeting. 07-28-2022 Planning Commission Minutes Page 4 of 4 XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 7:53 p.m. The vote on the motion was seven in favor, zero against and the motion passed. Bob McKinley, Chair Date Signed Marianne Lemons, Secretary COMMUNITY AND PUBLIC WORKS BUILDING&PLANNING Spokane STAFF REPORT AND RECOMMENDATION TO THE Valley PLANNING COMMISSION FILE: STV-2022-0001 STAFF REPORT DATE: June 29, 2022 FILE NO: STV-2022-0001 PROPOSAL DESCRIPTION: City initiated street vacation request to vacate approximately 7,400 square feet of unimproved right-of-way extending from Mission Avenue to Park Road. STAFF PLANNER: Lori Barlow, Senior Planner APPLICANT: City of Spokane Valley PROPERTY OWNER: City of Spokane Valley PROPOSAL LOCATION: The right-of-way proposed to be vacated is approximately 135 feet west of the Mission Avenue and Park Road intersection and adjacent to seven parcels (35131.0101, 35131.0102, 35131.0103, 35131.0104, 35131,0105, 35131.0106, and 35131.0107); the site is further located in the NE quarter of Section 13, Township 25 North, Range 43 East, Willamette Meridian, Spokane Valley, Washington BACKGROUND: On April 26, 2022, City Council approved Resolution No. 22-004 to initiate the street vacation process to consider the vacation of the unimproved alleyway that connects Mission Avenue to Park Road. Resolution No. 22-004 also set the public hearing date for June 9th, 2022. Due to scheduling conflicts, the hearing was rescheduled to July 14, 2022 by Resolution No. 22-008. The right-of-way proposed to be vacated is located approximately 135 feet west of the intersection of Mission Avenue and Park Road. The right-of-way, which is an L-shaped 20' wide unimproved alleyway, extends south from Mission Avenue for —260 feet and then veers east -125 feet to Park Road. The right of way was dedicated by the Park Road Addition Plat, recorded in 1949, and lies adjacent to parcels 35131.0101, 35131.0102, 35131.0103, 35131.0104, 35131,0105, 35131.0106, and 35131.0107. The City initiated the request for the following reasons: 1. The ROW is unimproved and is currently used only by the adjacent properties; 2. Weeds and debris accumulate in the ROW and require City management; 3. The ROW is not needed by the City for connectivity; and Staff Report and Recommendation STV-2022-0001 Page 1 of 5 June 27,2022 4. If the property is vacated, it can be utilized by the adjacent property owners for private use and management. APPROVAL CRITERIA: 1. Chapter 22.140 SVMC— Street Vacations 2. City of Spokane Valley Street Standards ATTACHMENTS: Exhibit 1: Vicinity Map Exhibit 2: Aerial Map Exhibit 3: Notice of Public Hearing Exhibit 4: Agency Comments I. PROPERTY INFORMATION Size and Characteristics of The area to be vacated is unimproved right-of-way and proposed vacation: totals approximately 7,400 square feet. Adjacent Comprehensive Plan Single Family Residential (SFR) Designation: Adjacent Zoning: Single-Family Residential (R-3) Adjacent Land Use(s): Single Family Residential and a Tri-plex II. STAFF ANALYSIS OF STREET VACATION PROPOSAL A. COMPLIANCE WITH SVMC 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 abuts the rear portion of seven parcels. Each parcel takes direct access from the front of the lot abutting either Mission Avenue, Bowman or Park Road. AVISTA and LUMEN(formerly Century Link)have utilities located in the alleyway and have requested to retain rights for the maintenance, construction, and reconstruction as required. AVISTA has determined specifically where the easement will be located, but LUMEN has not specified the exact location of the aerial utilities to date but will be required to do so prior to finalizing the vacation. It is assumed that the aerial utilities are attached to the AVISTA poles. The vacation is expected to have no impact on the general public. 2. Whether the street or alley is no longer required for public use or public access? The area proposed to be vacated is currently unimproved vacant land not being used for public access and is not required for current or future public access. Stormwater improvements are located in Mission Avenue and Park Road. Stormwater improvements are not needed to serve the alley, and the entrance to the alley is not conducive to further stormwater improvements due to its proximity to roadway crests. Since the lots are fully developed, future stormwater improvements are not anticipated. Staff Report and Recommendation STV-2022-0001 Page 2 of 5 June 27,2022 3. Whether the substitution of a new and different public way would be more useful to the public? There is no substitution being proposed as part of the vacation. The City's review has determined no need for a new or different public way. The alleyway is unimproved and has not provided access. All lots abutting the easement have access from either Mission Avenue, Park Road or Bowman Road. So long as access easements are provided for the electrical and communication facilities, the public interest is served. 4. Whether conditions may so change in the future as to provide a greater use or need than presently exists? The surrounding properties are developed and take access from the improved streets. It is not anticipated that changes would occur in the future that would require the use of the subject right-of-way for public access. 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? Notice of the public hearing was made by posting written notice at City Hall, CenterPlace, and the valley library; publishing notice in the Spokane Valley Herald, posting both ends of the right-of-way to be vacated, and a direct mailing to property owners adjacent to the proposed vacations. To date,no objections by the public or governmental agencies have been received. Conclusions: The findings confirm criteria set forth in SVMC 22.140.030 have been met. B. COMPLIANCE WITH TITLE 21 SVMC—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 were received following the notice of public hearing posted on June 24, 2022 and emailed and mailed on June 24, 2024. A Notice of Public Hearing sign was posted on June 24, 2022 on each end of area proposed to be vacated. Notices were posted in the Spokane Valley Public Library, City of Spokane Valley main reception area and CenterPlace Event Center on June 24, 2022. The public hearing notice was mailed to all owners adjacent to the area proposed to vacated on June 24, 2022. Staff and agencies were notified of the request on April 15, 2022 and noticed again on June 27, 2022. Lastly,the notice was published in the Spokane Valley Herald on June 24, 2022 and July 1, 2022. Conclusion(s): The City has met the noticing requirements for street vacations as required in SVMC 22.140.020(F) Staff Report and Recommendation STV-2022-0001 Page 3 of 5 June 27,2022 IV.AGENCY COMMENTS Request for comments from agencies and service providers was sent on April 15, 2022 as part of the initial assessment of the street vacation. Notice of public hearing was provided to agencies and service providers again on June 27, 2022. 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 - Engineering Yes 6-14-2022 City of Spokane Valley Public Works— Stormwater Yes 6-14-2022 City of Spokane Valley Public Works - Traffic No City of Spokane Valley Public Works—Maintenance Yes 6-14-2022 Spokane Valley Fire District No.1 Yes 9-8-21 Spokane County Environmental Services Yes 4-19-2022 Spokane Regional Health District Yes 6-3-2022 Yellowstone Pipeline Yes 4-18-2022 Spokane County Water District#3 Yes 4-18-2022 Avista Utilities Yes 4-26-2022 Century Link (Lumen) Yes 4-22-2022 and 6-3-2022 Comcast No Findings: The application was routed to jurisdictional agencies, utilities, and public districts for review and comment. The City's Department of Public Works including stormwater, maintenance, and development engineering had no objections or comments on the street vacation request. Avista has electrical distribution facilities within the right-of-way and requests a 10-foot-wide easement along the west boundary and the south boundary of the alleyway. Lumen, previously known as Century Link, has aerial cable facilities in the alleyway and requests 10-foot-wide easement for the maintenance, construction and reconstruction of the facilities. At this time Lumen has not identified the exact location of the utilities but will be required to do so prior to finalizing the vacation. As noted previously, it is assumed the aerial utilities are located on Avista poles. Conclusion(s): Staff concludes that jurisdictional agencies, utilities, and or public districts have no concerns regarding the proposed street vacation of the alley way extending from Mission Avenue to Park Road so long as conditions are met. Staff Report and Recommendation STV-2022-0001 Page 4 of 5 June 27,2022 V. OVERALL CONCLUSIONS AND FINDINGS Staff concludes that STV-2022-0001 as proposed is 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 20 feet by 370 feet of L-shaped alleyway extending from Mission Avenue to Park Road adjacent to seven parcels (35131.0101, 35131.0102, 35131.0103, 35131.0104, 35131,0105, 35131.0106, and 35131.0107) subject to the following: 1. The vacated property shall be transferred to the owner of the abutting parcels (35131.0101, 35131.0102, 35131.0103, 35131.0104, 35131,0105, 35131.0106, and 35131.0107) as shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 4. Such property shall become part of each abutting parcel. 2. The City shall establish an easement acceptable to AVISTA for access and preservation of existing services within the area to be vacated. The location and recording number shall be shown on the record of survey 3. The City shall establish an easement acceptable to Lumen (Century Link) for access and preservation of existing services within area to be vacated. The location and recording number shall be shown on the record of survey 4. 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 completed. 5. 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. 6. 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. 7. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. Staff Report and Recommendation STV-2022-0001 Page 5 of 5 June 27,2022 E Wellesley Aver^ t�°. �CIIC�WIII ve ARD r❑r L� gn1 E Mission Ave, `° 9 Map Area a E Sprogu ve E 8tli Ave 27 12 it CM PM M i Q4,1 , 7,' 4.1401 I 3.0504J Q Mission AG r cv 1.0103 © 2.0415 M 1.0104 © 2.0416 a - 1.0105 1.01 1 2.0417 3 gi �� t� QMaxwell p 1.0106 1.01017 2.0418 Q Maxwell g 8 g .-V-"::71°(---AFF' Q \\\\\ QGirard C Affected Parcels STi �_��r� r�_��� 1 H 35124.7401,35131.0103,35131.0104, I �I 11 I Scale: 1:3,600 3513 7.0105,35131.0106,35131.0107, 35131.0101,35131.0102,451$2.041$, — Vicinity Map - ,i��f» 45182.0417,45182.0476,45182.0415, Spokane 45073.0504 Map Produced:06/16/2022 Feet Valley. Spokane Valley Community& Public Works 0 100 200 400 ■� "Id11 Community& Public Works Department ley Building&Planning Division NOTICE OF PUBLIC HEARING For Street Vacation THE SPOKANE VALLEY COMMUNITY&PUBLIC WORKS IS SENDING THIS NOTICE OF PUBLIC HEARING TO ALL PROPERTY OWNERS ABUTTING THE STREET OR ALLEY TO VACATED BASED ON THE MOST CURRENT RECORDS FROM THE SPOKANE COUNTY ASSESSOR'S OR TREASURER'S OFFICE. Hearing Date: Thursday,July 14,2022 beginning at 6:00 p.m. The required public hearing for Street Vacation Application STV-2022-0001 shall be conducted before the Spokane Valley Planning Commission in such manner as provided by law on July 14,2022,beginning at 6:00 p.m.,or as soon thereafter as practical. Meeting Details: The hearing will be conducted in person,with the option to attend remotely using web and telephone conference tools. Join Zoom meeting by computer, smartphone,or tablet at: A link to the Zoom meeting will be provided on the agenda and posted to the City's webpage: www.spokanevalley.org/planningcommission. Application/Description of Proposal:Request to vacate a 20'wide alleyway extending from Mission Avenue to Park Avenue. The area is an `L' shaped portion of unimproved right-of-way approximately 7,900 square feet in size. Applicant: City of Spokane Valley Owner: City of Spokane Valley Location of Proposal: The right-of-way proposed to be vacated is located approximately 135 feet west of the Mission Avenue and Park Road intersection, adjacent to seven parcels (35131.0101 and 35131.0102, 35131.0103, 35131.0104, 35131,0105, 35131.0106,and 35131.0107),further located in the NE quarter of Section 13,Township 25 North,Range 43 East,Willamette Meridian, Spokane Valley,Washington. 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 will conduct the hearing pursuant to the rules of procedure adopted in SVMC Title 18 (Boards and Authorities). The Commission holds the public hearing to receive comments and forwards a recommendation to the City Council for an ordinance adoption. The public is encouraged to provide comment in person at the hearing,or to submit written comments prior to the hearing by sending the comments to Lori Barlow, 10210 E Sprague Ave, Spokane Valley, WA 99206, or email to LBarlow@spokanevalley.org. Comments will need to be submitted no later than 4:00 PM on July 14,2022 in order for them to be received and prepared for submission into the record. Comments received will be entered into the record at the time of the public participation portion of the Public Hearing.Comments received through US Mail will be included if they are received prior to the hearing. All interested persons may testify at the public hearing in person or via the zoom meeting address and/or phone number. Interested persons will need to sign up via ZOOM to speak no later than 4:00 p.m. on July 14,2022 at the link provided in the agenda posted at the link referenced above.Use the link above to sign up for oral public comments.The link will direct you to directions to sign up for oral public comments.This is not an opportunity for questions or discussion. Remarks will be limited to three minutes per person.Written comments and documents may only be submitted prior to the hearing. Any appeal of the decision will be based on the record established before the Planning Commission,pursuant to SVMC 17.90(Appeals). 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 by logging on to the Spokane Valley SmartGov Public Portal at this web address: ci-spokanevallev-wa.smart2ovcommunity.com/Public/Home. Go to applications and search for STV-2022-0001 to review or download the staff report. If you have any questions, please contact Lori Barlow, Senior Planner, Building & Planning Division,at LBarlow@a,spokanevalley.org STV-2022-0001 Notice of Public Hearing Page 2 of 2 Attachment 1: Park Road Addition Plat .47.6e. /4.! 1 i,.... 7-/1/0/ / 4.712F..53-C?R—* t::::t0NiVaet5" F 617.4C:X.?,eL.: .7."24C7-J.-.) / I R4.47-A42..i 1 I 1 — -I- N essm'r diets' — —.` MISSION AYE. ,8 LA 'P NM Sle - 1.4•,.0 _ .7-a•,,e• 5 „.„. • . - - - .„. ”.; I —I r — # • . ... .. ' ' " ''% 7,,i i , 2 ; lia1 ist 2 1 Z C4Z ,,,,, 110 A III1, .. 1, 2 1 ' ?, 3 ' r ; ; , ,„ . NV' --e. . —•• . .• . i ".....F1.- .I, IL il.' -7" 1‘. • „AWL' 4' '''' ,. u 1.., 3 „ il,,, .e. e 0 1 •'1 ' '. ' O .;k. • 'Z' i o 1,1.-IT4 18 :r.`, '' 'if`„4 1 4 1 d .t4, r :f 1 4 , wa.ve,. , 16 t• 17 • .1. ,4it '.-q-'la,A 112 gy '' .•.4 ''.. r.ori.. ... 1 • ' ,... •• 147 4.1r8. ... j i*11;41 L .. '': ei Id 5 . 41%140 1 "'' ...4'..' . 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I ,ses 7, e &We / - .,SHARP .- AVE. _.. 6 " ''''' /1 '''' : 15 0 .0 ',..' °Sp 'd• 9 '' ." %:'\..,'. '''' ' ' • 17 ' 18 ig .....ir, 'N. I ,,3“..a. e-.- g 16 Ali) 1 _____ .ie r •,' 4V.0'1 , 6 , ''‘...N.,:e44. rr 1,. , , Al MN - ‘ :r. 4' -.- 2.W-ao• 'N, $ II 4 SHARP s „. __ _• . Lori Barlow From: reese, matthew <Matthew.Reese@lumen.com> Sent: Wednesday,July 6, 2022 11:20 AM To: Lori Barlow Subject: RE: P842042- Vacation- Reservations [EXTERNAL]This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. Lori,you are correct. Our lines are on the poles. Thank you very much, Matt Reese Contractor—ROW Agent II- Network Infrastructure Services LUMEN' 1025 Eldorado Blvd., Broomfield, CO 80021 cell:412.389.6977 matthew.reese@lumen.com From: Lori Barlow<lbarlow@spokanevalley.org> Sent: Wednesday,July 6, 2022 2:02 PM To: reese, matthew<Matthew.Reese@lumen.com> Subject: RE: P842042-Vacation- Reservations Ok. I am assuming that they are attached to the Avista poles, and that they are within the easement that AVISTA has requested, but, I need confirmation. Thanks for your help. 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 https://imss91-ctp.trendmicro.com:443/wis/clicktime/v1/query?url=www.spokanevalley.orq&umid=6F38A039-E326-C605- AF6B-E6DAFFBAE9CC&auth=19120be9529b25014b618505cb01789c5433dae7- alab2278f99551bab10995a0b02cf520453a5e73 This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. From: reese, matthew<Matthew.Reese@lumen.com> Sent: Wednesday,July 6, 2022 10:58 AM To: Lori Barlow<Ibarlow@spokanevalley.org> Subject: RE: P842042-Vacation- Reservations [EXTERNAL]This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. I am working on getting you mapping/description of the aerial lines. 1 Matt Reese Contractor—ROW Agent II- Network Infrastructure Services L U M E N 1025 Eldorado Blvd., Broomfield, CO 80021 cell:412.389.6977 matthew.reese@lumen.com From: Lori Barlow<lbarlow@spokanevalley.org> Sent: Wednesday,July 6, 2022 1:46 PM To: reese, matthew<Matthew.Reese@lumen.com> Subject: RE: P842042-Vacation- Reservations Where are your facilities located? 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 https://imss91-ctp.trendmicro.com:443/wis/clicktime/v1/query?url=www.spokanevalley.orq&umid=6F38A039-E326-C605- AF6B-E6DAFFBAE9CC&auth=19120be9529b25014b618505cb01789c5433dae7- alab2278f99551bab10995a0b02cf520453a5e73 This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. From: reese, matthew<Matthew.Reese@lumen.com> Sent: Wednesday,July 6, 2022 10:44 AM To: Lori Barlow<Ibarlow@spokanevalley.org> Subject: RE: P842042-Vacation- Reservations [EXTERNAL]This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. Thanks Lori. We would need it 5' on either side of where our facilities are currently located. Matt Reese Contractor—ROW Agent II- Network Infrastructure Services LUMEN. 1025 Eldorado Blvd., Broomfield, CO 80021 cell:412.389.6977 matthew.reese@lumen.com From: Lori Barlow<Ibarlow@spokanevalley.org> Sent: Wednesday,July 6, 2022 11:54 AM To: reese, matthew<Matthew.Reese@lumen.com> Subject: RE: P842042-Vacation- Reservations Matt, I received this letter as well as the previous one. However, my question is where do you want the 10' easement to be within the 20' alley??? 2 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@sookanevallev.org https://imss91-ctp.trendmicro.com:443/wis/clicktime/v1/query?url=www.spokanevalley.org&umid=6F38A039-E326-C605- AF6B-E6DAFFBAE9CC&auth=19120be9529b25014b618505cb01789c5433dae7- alab2278f99551bab10995a0b02cf520453a5e73 This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. From: reese, matthew<Matthew.Reese@lumen.com> Sent: Wednesday,July 6, 2022 7:24 AM To: Lori Barlow<lbarlow@spokanevalley.org> Subject: FW: P842042-Vacation- Reservations [EXTERNAL]This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. Good morning Lori. Please confirm receipt of the email below and attached letter sent on 6/3/2022. Thank you, Matt Reese _ Contractor—ROW Agent II- Network Infrastructure Services L V M G 1025 Eldorado Blvd., Broomfield, CO 80021 cell: 412.389.6977 matthew.reese@lumen.com From: reese, matthew Sent: Friday,June 3, 2022 9:10 AM To: Ibarlow@spokanevalley.org Subject: P842042-Vacation- Reservations Good morning Lori. Please see the attached reservations letter. We will need to maintain a 10' easement along our utilities. Thank you, Matt Reese Contractor—ROW Agent II- Network Infrastructure Services 1025 Eldorado Blvd., Broomfield, CO 80021 cell: 412.389.6977 matthew.reese@lumen.com This communication is the property of Lumen Technologies and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this 3 communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. This communication is the property of Lumen Technologies 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. This communication is the property of Lumen Technologies 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. This communication is the property of Lumen Technologies 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. 4 Lori Barlow From: reese, matthew <Matthew.Reese@lumen.com> Sent: Friday,June 3, 2022 6:10 AM To: Lori Barlow Subject: P842042-Vacation- Reservations Attachments: P842042- Reservations Letter.pdf [EXTERNAL] This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. Good morning Lori. Please see the attached reservations letter. We will need to maintain a 10' easement along our utilities. Thank you, Matt Reese _ Contractor—ROW Agent II- Network Infrastructure Services U � C N'.. 1025 Eldorado Blvd., Broomfield, CO 80021 cell: 412.389.6977 matthew.reese@lumen.com This communication is the property of Lumen Technologies 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. 1 '/►o 6/3/2022 CenturyLink Spokane Valley- Community and Public Works Dept. Attn: Lori Barlow 10210 E. Sprague Ave. Spokane Valley, WA 99206 STV-2022-0001 WITH Reservations SUBJECT: Vacation of three hundred seventy foot (370') by twenty foot (20') alley that connects Mission Rd. to Park Rd. affecting lots 1 through 6 of the Park Addition subdivision in Spokane Valley, Spokane County, Washington. Parcel #(s): 35131.0101-35131.0107 To Whom It May Concern: Qwest Corporation d/b/a CENTURYLINK QC ("CenturyLink") has reviewed the request for the subject vacation and has determined that in order to protect its facilities CenturyLink must reserve its rights. Please SAVE AND EXCEPT an EASEMENT to CenturyLink over the following area/s: A ten foot(10') easement along the three hundred seventy foot (370') by twenty foot (20') alley that connects Mission Rd. to Park Rd. affecting lots 1 through 6 of the Park Addition subdivision in Spokane Valley, Spokane County, Washington, as further described and/or depicted on the attached Exhibit "A", said Exhibit "A" attached hereto and incorporated by this reference. It is the intent and understanding of CenturyLink that this Vacation shall not reduce our rights to any existing easement or rights we have on this site or in the area. This vacation response is submitted WITH THE STIPULATION that if CenturyLink facilities are found and/or damaged within the vacated area as described, the Applicant will bear the cost of relocation and repair of said facilities. Sincerely yours, Mary Hutton Network Infrastructure Services CenturyLink P842042 EXHIBIT "A" �''/..4 7"'%1%'r.?.z 1 r'.7!?2NJI/D,&..'' ;5,4C.C?,F. 7 24C:7.15* 17 A/a11 I - - '- -- -- + - - --- --- I +--- J L_ i e re„',_ carols_ MISSION AVE. 2 4 fuerA Ir' N �t a '� F� .:w I i !c II , to I 9 8 7 Ij 6 . 5 tW 4 "4 I •' 2 I ,,QI I I91-, ? .' 2 CC 0 2 = 8 3 as,I1 1 ,'... 12 xod �� w 4 •i• 4 D 4.00' 3 ''�4 'a 13 :3 14 s6�•• 17 . 18 . 19 •, 3 p MI3 4 4 • I r';.I R7(" .l '- A • .. stir• I1 5 ;6 6aa• B' „st.' i1 V I •cal " i '6 3 t 2 t$d a t. 7 • O, 6 F 5 •t . t • •a dd ` .. (� .TaJn' ) 2 3 t 8 ' Vgg' zl. V ' 8 1 i 4 2 �.9t O10 • (V rsit. YI. 6 ® - m _ '1.1 I2 �� .rsT 1 sot if5 ` 4 8 II • t 1 1 1,...... '5INTO AVE Y ,.. a: - I j` i 7 g 8 • 14 • , 1. t 2 as al � � � .6 '16 15 •t I� rr .Ar0r s3 9 , ''' 10 . V- �� +i'.`;'mow,' • .f .� w8 .g `7 IC 417 3 ,` b' 10 [°' ' 8/ 'yti fi' R eF 1� r• „12• e� I. .r A 19 '_ -'�. .. - •,o ••° / 7 f �._�..._.:.-_.c" �..r ',TryNI tk ,(� II d.° °- ... I�. 1� • O';(f*� ' • f �, GIRARD COURT, > 18 ',. 4 r..,\ ). 12 %.At 6 J. ... .aa �`•,. •* 21 8 20 'I I („' y % / ©5 4 , 3 2 { r� �, 5 q 13 d J'' ,. ;,• T i -04 • ', • r s... /'. .rrT S r,aae• a Ofi I SHARP'S...&VE I • 14 1 uee/`1\ - - © 6 ,� '`�Q t;..a 15 •,, ''b,.l°}r.p. ' ' '9i.t,S..fit'` 'e\. •'o;',.�R 16 17 IB 19 :/.�OQQ/ • 2 4'r eo.. ea.,' sari j ,„yg s�. • 6 ' ` \...�—�rST fir.• Jp..J.' v 1 ...t >.e•� tt4 ° SHARP AVE. �_? T r , a..•..N z SPOKANE REGIONAL HEALTH DISTRICT ENVIRONMENTAL PUBLIC HEALTH DIVISION INTEROFFICE MEMO DATE: June 3, 2022 TO: Lori Barlow, Senior Planner, City of Spokane Valley Department of Community Development FROM: Paul Savage -EHSII, SRHD SUBJECT: SUB-2020-0005—River Landing—Final Subdivision All Spokane Regional Health District conditions of approval have been satisfied by the sponsor of this plat. Lori Barlow From: Chad Riggs Sent: Tuesday,June 14, 2022 11:18 AM To: Lori Barlow; Bill Helbig;Jerremy Clark; Chad Phillips; Shane Arlt Subject: RE: STV-2022-0001 City Initiated Street Vacation - Request for Comments Hi Lori, DE does not have any comments for STV-2022-0001. Thank you, Chad Riggs, P.E. I Senior Engineer 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5033 I criggs@spokanevalley.org Spokane 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<lbarlow@spokanevalley.org> Sent:Tuesday,June 14, 2022 11:10 AM To: Bill Helbig<bhelbig@spokanevalley.org>;Jerremy Clark<jclark@spokanevalley.org>; Chad Phillips <cphillips@spokanevalley.org>; Shane Arlt<sarlt@spokanevalley.org> Cc: Chad Riggs<criggs@spokanevalley.org> Subject: FW: STV-2022-0001 City Initiated Street Vacation - Request for Comments Hey all, looking back I noticed that I did not receive any comments from city staff on the City initiated Street vacation request. ( see attached) Did you have any comments? Please let me know asap. Thanks—Lori 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. From: Lori Barlow<Ibarlow@spokanevalley.org> Sent: Friday,April 15, 2022 11:44 AM To: Bill Helbig<bhelbig@spokanevalley.org>; CenturyLink<Karen.Stoddard@centurylink.com>; Polak, Chad M <Chad.M.Polak@p66.com>; Chris Knudson <CKnudson@spokanecounty.org>; Colin Depner <CDEPNER@spokanecounty.org>; Comcast<Ryan Engles@comcast.com>; connor.lange@avistacorp.com;Jerremy Clark <jclark@spokanevalley.org>; Kelly Williquette<kwilliquette@scwd3.org>; Limon,Tara <tlimon@spokanetransit.com>; Luann Weingart(luann.weingart@avistacorp.com) <luann.weingart@avistacorp.com>; Megan Bickley 1 Lori Barlow From: Shane Arlt Sent: Tuesday,June 14, 2022 11:49 AM To: Lori Barlow Subject: RE: STV-2022-0001 City Initiated Street Vacation - Request for Comments Lori, No comments from street maintenance. Thank you, Shane From: Lori Barlow<lbarlow@spokanevalley.org> Sent:Tuesday,June 14, 2022 11:10 AM To: Bill Helbig<bhelbig@spokanevalley.org>;Jerremy Clark<jclark@spokanevalley.org>; Chad Phillips <cphillips@spokanevalley.org>; Shane Arlt<sarlt@spokanevalley.org> Cc: Chad Riggs<criggs@spokanevalley.org> Subject: FW: STV-2022-0001 City Initiated Street Vacation - Request for Comments Hey all, looking back I noticed that I did not receive any comments from city staff on the City initiated Street vacation request. ( see attached) Did you have any comments? Please let me know asap. Thanks—Lori 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. From: Lori Barlow<Ibarlow@spokanevalley.org> Sent: Friday,April 15, 2022 11:44 AM To: Bill Helbig<bhelbig@spokanevalley.org>; CenturyLink<Karen.Stoddard@centurylink.com>; Polak, Chad M <Chad.M.Polak@p66.com>; Chris Knudson <CKnudson@spokanecounty.org>; Colin Depner <CDEPNER@spokanecounty.org>; Comcast<Ryan Engles@comcast.com>; connor.lange@avistacorp.com;Jerremy Clark <jclark@spokanevalley.org>; Kelly Williquette<kwilliquette@scwd3.org>; Limon,Tara <tlimon@spokanetransit.com>; Luann Weingart(luann.weingart@avistacorp.com) <luann.weingart@avistacorp.com>; Megan Bickley <MBickley@SpokaneCounty.org>; mrehfeldt@spokanetransit.com; Spokane County Water District#3 <ivandyke@scwd3.org>;Spokane Regional Health District<psavage@srhd.org>;Spokane Valley Fire Disttict <inspections@spokanevalleyfire.com>;Traci Harvey,Spokane Valley Fire Dept No. 1<HarveyT@spokanevalleyfire.com>; Chad Phillips<cphillips@spokanevalley.org>; Shane Arlt<sarlt@spokanevalley.org> Subject: [EXTERNAL]STV-2022-0001 City Initiated Street Vacation- Request for Comments This Message Is From an External Sender 1 Lori Barlow From: Bill Helbig Sent: Tuesday,June 14, 2022 11:53 AM To: Lori Barlow;Jerremy Clark; Chad Phillips; Shane Arlt Cc: Chad Riggs Subject: RE: STV-2022-0001 City Initiated Street Vacation - Request for Comments No comments from me Bill From: Lori Barlow<lbarlow@spokanevalley.org> Sent:Tuesday,June 14, 2022 11:10 AM To: Bill Helbig<bhelbig@spokanevalley.org>;Jerremy Clark<jclark@spokanevalley.org>; Chad Phillips <cphillips@spokanevalley.org>; Shane Arlt<sarlt@spokanevalley.org> Cc: Chad Riggs<criggs@spokanevalley.org> Subject: FW: STV-2022-0001 City Initiated Street Vacation - Request for Comments Hey all, looking back I noticed that I did not receive any comments from city staff on the City initiated Street vacation request. ( see attached) Did you have any comments? Please let me know asap. Thanks—Lori 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@spokanevallev.org www.spokanevallev.org 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<Ibarlow@spokanevalley.org> Sent: Friday, April 15, 2022 11:44 AM To: Bill Helbig<bhelbig@spokanevalley.org>; CenturyLink<Karen.Stoddard@centurylink.com>; Polak, Chad M <Chad.M.Polak@p66.com>; Chris Knudson <CKnudson@spokanecounty.org>; Colin Depner <CDEPNER@spokanecounty.org>; Comcast<Ryan Engles@comcast.com>; connor.lange@avistacorp.com;Jerremy Clark <jclark@spokanevalley.org>; Kelly Williquette<kwilliquette@scwd3.org>; Limon,Tara <tlimon@spokanetransit.com>; Luann Weingart(luann.weingart@avistacorp.com) <luann.weingart@avistacorp.com>; Megan Bickley <MBickley@SpokaneCounty.org>; mrehfeldt@spokanetransit.com; Spokane County Water District#3 <jvandyke@scwd3.org>; Spokane Regional Health District<psavage@srhd.org>; Spokane Valley Fire Disttict <inspections@spokanevalleyfire.com>; Traci Harvey,Spokane Valley Fire Dept No. 1<HarveyT@spokanevalleyfire.com>; Chad Phillips<cphillips@spokanevalley.org>; Shane Arlt<sarlt@spokanevalley.org> Subject: [EXTERNAL]STV-2022-0001 City Initiated Street Vacation - Request for Comments This Message Is From an External Sender This message came from outside your organization. Hi all, i Lori Barlow From: Chad Phillips Sent: Tuesday,June 14, 2022 12:43 PM To: Lori Barlow; Bill Helbig;Jerremy Clark; Shane Arlt Cc: Chad Riggs Subject: RE: STV-2022-0001 City Initiated Street Vacation - Request for Comments That is correct. Stormwater has no need for the proposed vacation. Chad Phillips, P.E. I Engineer,Stormwater 10210 E.Sprague Avenue I Spokane Valley,WA 99206 (509)720-5013 I cphillips@spokanevallev.org poIane 'alley From: Lori Barlow<Ibarlow@spokanevalley.org> Sent:Tuesday,June 14, 2022 12:00 PM To: Chad Phillips<cphillips@spokanevalley.org>; Bill Helbig<bhelbig@spokanevalley.org>;Jerremy Clark <jclark@spokanevalley.org>; Shane Arlt<sarlt@spokanevalley.org> Cc: Chad Riggs<criggs@spokanevalley.org> Subject: RE: STV-2022-0001 City Initiated Street Vacation - Request for Comments Chad P, Can you please verify that no stormwater improvements are present?And that the City does not need the alley for future stormwater improvements? 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@spokanevallev.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. From: Chad Phillips<cphillips@spokanevalley.org> Sent:Tuesday,June 14, 2022 11:22 AM To: Lori Barlow<Ibarlow@spokanevalley.org>; Bill Helbig<bhelbig@spokanevalley.org>;Jerremy Clark <jclark@spokanevalley.org>; Shane Arlt<sarlt@spokanevalley.org> Cc: Chad Riggs<criggs@spokanevalley.org> Subject: RE: STV-2022-0001 City Initiated Street Vacation - Request for Comments Lori Both entrances to roadway are near roadway crests. Not great spots for stormwater consideration. Thanks Chad 1 Lori Barlow From: Lange, Connor <Connor.Lange@avistacorp.com> Sent: Tuesday,April 26, 2022 12:13 PM To: Lori Barlow Subject: RE: [External] STV-2022-0001 City Initiated Street Vacation - Request for Comments [EXTERNAL]This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. Ok, sounds good. Avista has reviewed the above reference Street Vacation application and notes that we have electric distribution infrastructure within the ROW. Avista is requesting a 10-ft. easement along the west 10-ft. of ROW be retained for our distribution line that runs along Lots 2-5 Blk 1 of the Park Road Subdivision.A 10-ft easement shall also be retained along the north side of Lot 6 Blk 1 of the Park Road Subdivision. Let me know if you have any questions. From: Lori Barlow<lbarlow@spokanevalley.org> Sent:Tuesday, April 26, 2022 11:52 AM To: Lange, Connor<Connor.Lange@avistacorp.com> Subject: RE: [External] STV-2022-0001 City Initiated Street Vacation - Request for Comments It's not clear yet. To be consistent with the plat the north/south alley should be divided between the east and west properties. However numerous properties have encroachments. The City initiated the request because it's a nuisance and maintenance problem. This will be interesting as always. 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@sookanevallev.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. From: Lange, Connor<Connor.Lange@avistacorp.com> Sent:Tuesday, April 26, 2022 11:42 AM To: Lori Barlow<Ibarlow@spokanevalley.org> Subject: RE: [External] STV-2022-0001 City Initiated Street Vacation - Request for Comments [EXTERNAL] This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. Good morning Lori, We do have utilities within the easement that we will need an easement to preserve. Do you believe that the ROW will go to the lots on the corner of Park? Its only 20-ft. but I know council gets to decide how the ROW is divided. I assume the people on the corner were the ones that requested the STV? 1 From: Lori Barlow<Ibarlow@spokanevalley.org> Sent: Friday, April 15, 2022 10:44 AM To: Bill Helbig<bhelbig@spokanevalley.org>; CenturyLink<Karen.Stoddard@centurylink.com>; Chad Polak (Chad.M.Polak@p66.com) <Chad.M.Polak@p66.com>; Chris Knudson <CKnudson@spokanecounty.org>; Colin Depner <CDEPNER@spokanecounty.org>; Comcast<Ryan Engles@comcast.com>; Lange,Connor <Connor.Lange@avistacorp.com>;Jerremy Clark<iclark@spokanevalley.org>; Kelly Williquette <kwilliquette@scwd3.org>; Limon,Tara <tlimon@spokanetransit.com>; Weingart, LuAnn <LuAnn.Weingart@avistacorp.com>; Megan Bickley<MBickley@SpokaneCounty.org>; mrehfeldt@spokanetransit.com; Spokane County Water District#3 <ivandyke@scwd3.org>; Spokane Regional Health District<psavage@srhd.org>; Spokane Valley Fire Disttict<inspections@spokanevalleyfire.com>; Traci Harvey,Spokane Valley Fire Dept No. 1 <HarveyT@spokanevalleyfire.com>; Chad Phillips<cphillips@spokanevalley.org>; Shane Arlt<sarlt@spokanevalley.org> Subject: [External] STV-2022-0001 City Initiated Street Vacation - Request for Comments Hi all, Please review the attached material for a city initiated street vacation of a 370X20 alley that connects Mission Avenue to Park Road. Submit written comments via email, or mail to me by the date below. Please note any conditions or easements required to preserve utilities or access in this area in the written comments submitted. COMMENT PERIOD ENDS: Tuesday, April 26, 2022 A 5:00 p.m. If you have any questions, please do not hesitate to contact me. 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.spokaneval ley.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 phishing@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. 2 Lori Barlow From: Lange, Connor <Connor.Lange@avistacorp.com> Sent: Tuesday,April 26, 2022 11:42 AM To: Lori Barlow Subject: RE: [External] STV-2022-0001 City Initiated Street Vacation - Request for Comments [EXTERNAL]This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. Good morning Lori, We do have utilities within the easement that we will need an easement to preserve. Do you believe that the ROW will go to the lots on the corner of Park? Its only 20-ft. but I know council gets to decide how the ROW is divided. I assume the people on the corner were the ones that requested the STV? From: Lori Barlow<lbarlow@spokanevalley.org> Sent: Friday, April 15, 2022 10:44 AM To: Bill Helbig<bhelbig@spokanevalley.org>; CenturyLink<Karen.Stoddard@centurylink.com>; Chad Polak (Chad.M.Polak@p66.com) <Chad.M.Polak@p66.com>; Chris Knudson <CKnudson@spokanecounty.org>; Colin Depner <CDEPNER@spokanecounty.org>; Comcast<Ryan_Engles@comcast.com>; Lange, Connor <Connor.Lange@avistacorp.com>;Jerremy Clark<jclark@spokanevalley.org>; Kelly Williquette <kwilliquette@scwd3.org>; Limon,Tara <tlimon@spokanetransit.com>; Weingart, LuAnn <LuAnn.Weingart@avistacorp.com>; Megan Bickley<MBickley@SpokaneCounty.org>; mrehfeldt@spokanetransit.com; Spokane County Water District#3<jvandyke@scwd3.org>; Spokane Regional Health District<psavage@srhd.org>; Spokane Valley Fire Disttict<inspections@spokanevalleyfire.com>;Traci Harvey, Spokane Valley Fire Dept No. 1 <HarveyT@spokanevalleyfire.com>; Chad Phillips<cphillips@spokanevalley.org>; Shane Arlt<sarlt@spokanevalley.org> Subject: [External] STV-2022-0001 City Initiated Street Vacation - Request for Comments Hi all, Please review the attached material for a city initiated street vacation of a 370X20 alley that connects Mission Avenue to Park Road. Submit written comments via email, or mail to me by the date below. Please note any conditions or easements required to preserve utilities or access in this area in the written comments submitted. COMMENT PERIOD ENDS: Tuesday, April 26, 2022 5:00 p.m. If you have any questions, please do not hesitate to contact me. 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. 1 Lori Barlow From: Stoddard, Karen <Karen.Stoddard@lumen.com> Sent: Friday, April 22, 2022 11:04 AM To: Lori Barlow Subject: RE: STV-2022-0001 City Initiated Street Vacation - Request for Comments [EXTERNAL] This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. Lori, Lumen has aerial cable facilities in the alley and would like to retain utility easement rights. These rights should provide for maintenance, construction, and reconstruction as needed. Thanks, Karen Karen Stoddard Capacity Provisioning Specialist 1020 E Cataldo Ave, Spokane, WA 99202 LUMEN' tel: 509-666-8534 Karen.Stoddardlumen.com From: Lori Barlow<lbarlow@spokanevalley.org> Sent: Friday, April 15, 2022 10:44 AM To: Bill Helbig<bhelbig@spokanevalley.org>; Stoddard, Karen <Karen.Stoddard@lumen.com>; Chad Polak (Chad.M.Polak@p66.com) <Chad.M.Polak@p66.com>; Chris Knudson <CKnudson@spokanecounty.org>; Colin Depner <CDEPNER@spokanecounty.org>; Comcast<Ryan_Engles@comcast.com>; connor.lange@avistacorp.com;Jerremy Clark <jclark@spokanevalley.org>; Kelly Williquette<kwilliquette@scwd3.org>; Limon,Tara <tlimon@spokanetransit.com>; Luann Weingart (luann.weingart@avistacorp.com) <luann.weingart@avistacorp.com>; Megan Bickley <MBickley@SpokaneCounty.org>; mrehfeldt@spokanetransit.com; Spokane County Water District#3 <jvandyke@scwd3.org>;Spokane Regional Health District<psavage@srhd.org>;Spokane Valley Fire Disttict <inspections@spokanevalleyfire.com>;Traci Harvey,Spokane Valley Fire Dept No. 1<HarveyT@spokanevalleyfire.com>; Chad Phillips<cphillips@spokanevalley.org>; Shane Arlt<sarlt@spokanevalley.org> Subject: STV-2022-0001 City Initiated Street Vacation- Request for Comments Hi all, Please review the attached material for a city initiated street vacation of a 370X20 alley that connects Mission Avenue to Park Road. Submit written comments via email, or mail to me by the date below. Please note any conditions or easements required to preserve utilities or access in this area in the written comments submitted. COMMENT PERIOD ENDS: Tuesday, April 26, 2022 5:00 p.m. If you have any questions, please do not hesitate to contact me. i To lbarlow@spokanevalley.org From: Adam Smith Date: 4/19/2022 Subject:STV-2022-0002 Project Name: Stage: Vacation of ROW/Street Description: vacate an L-shaped unimproved alley section of right-of-way that connects Mission Ave and Park Ave. Site Address: The Spokane County Public Works Wastewater FA01 System Division has no objection to the finalization of the above mentioned project. Lori Barlow From: Polak, Chad M <Chad.M.Polak@p66.com> Sent: Monday, April 18, 2022 8:31 AM To: Lori Barlow Subject: FW: STV-2022-0001 City Initiated Street Vacation - Request for Comments Attachments: STV-2022-0001 Routing with att.pdf [EXTERNAL]This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. Good Afternoon Lori, I have reviewed the attached and there is no impact to the YPL ROW. We do not have any comments. Sincerely, Chad M. Polak Agent, Real Estate Services 0: (+1) 303.376.4363 I M: (+1) 720.245.4683 3960 East 56th Avenue I Commerce City, CO 80022 Phillips 66 From: Lori Barlow<lbarlow@spokanevalley.org> Sent: Friday,April 15, 2022 11:44 AM To: Bill Helbig<bhelbig@spokanevalley.org>; CenturyLink<Karen.Stoddard@centurylink.com>; Polak, Chad M <Chad.M.Polak@p66.com>; Chris Knudson <CKnudson@spokanecounty.org>; Colin Depner <CDEPNER@spokanecounty.org>; Comcast<Ryan_Engles@comcast.com>; connor.lange@avistacorp.com;Jerremy Clark <jclark@spokanevalley.org>; Kelly Williquette <kwilliquette@scwd3.org>; Limon,Tara <tlimon@spokanetransit.com>; Luann Weingart (luann.weingart@avistacorp.com) <luann.weingart@avistacorp.com>; Megan Bickley <MBickley@SpokaneCounty.org>; mrehfeldt@spokanetransit.com; Spokane County Water District#3 <jvandyke@scwd3.org>; Spokane Regional Health District<psavage@srhd.org>;Spokane Valley Fire Disttict <inspections@spokanevalleyfire.com>;Traci Harvey,Spokane Valley Fire Dept No. 1<HarveyT@spokanevalleyfire.com>; Chad Phillips<cphillips@spokanevalley.org>; Shane Arlt<sarlt@spokanevalley.org> Subject: [EXTERNAL]STV-2022-0001 City Initiated Street Vacation - Request for Comments This Message Is From an External Sender This message came from outside your organization. Hi all, Please review the attached material for a city initiated street vacation of a 370X20 alley that connects Mission Avenue to Park Road. Submit written comments via email, or mail to me by the date below. Please note any conditions or easements required to preserve utilities or access in this area in the written comments submitted. COMMENT PERIOD ENDS: Tuesday, April 26, 2022 5:00 p.m. i Lori Barlow From: Justin Van Dyke <jvandyke@scwd3.org> Sent: Monday, April 18, 2022 10:54 AM To: Lori Barlow Subject: RE:STV-2022-0001 City Initiated Street Vacation - Request for Comments [EXTERNAL] This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. The area to be vacated is free from Spokane County Water District No. 3 utilities and is therefore recommended for approval from us. Thank you, ,p.NE Cnc, Qo ti� Justin Van Dyke,Assistant Manager 1.44Spokane County Water District#3 el 1225 N.Yardley St.Spokane Valley WA 99212 tO Office:(509)536-0121 Fax: (509)534-3760 11), �'0 Email: sand ke scwd3.or ��41STR►0 ] ' S' g From: Lori Barlow<lbarlow@spokanevalley.org> Sent: Friday,April 15, 2022 10:44 AM To: Bill Helbig<bhelbig@spokanevalley.org>; CenturyLink<Karen.Stoddard@centurylink.com>; Chad Polak (Chad.M.Polak@p66.com) <Chad.M.Polak@p66.com>; Chris Knudson <CKnudson@spokanecounty.org>; Colin Depner <CDEPNER@spokanecounty.org>; Comcast<Ryan_Engles@comcast.com>; connor.lange@avistacorp.com;Jerremy Clark <jclark@spokanevalley.org>; Kelly Williquette <kwilliquette@scwd3.org>; Limon,Tara <tlimon@spokanetransit.com>; Luann Weingart(luann.weingart@avistacorp.com) <luann.weingart@avistacorp.com>; Megan Bickley <MBickley@SpokaneCounty.org>; mrehfeldt@spokanetransit.com;Justin Van Dyke <jvandyke@scwd3.org>; Spokane Regional Health District<psavage@srhd.org>; Spokane Valley Fire Disttict<inspections@spokanevalleyfire.com>; Traci Harvey, Spokane Valley Fire Dept No. 1<HarveyT@spokanevalleyfire.com>; Chad Phillips <cphillips@spokanevalley.org>; Shane Arlt<sarlt@spokanevalley.org> Subject:STV-2022-0001 City Initiated Street Vacation- Request for Comments Hi all, Please review the attached material for a city initiated street vacation of a 370X20 alley that connects Mission Avenue to Park Road. Submit written comments via email, or mail to me by the date below. Please note any conditions or easements required to preserve utilities or access in this area in the written comments submitted. COMMENT PERIOD ENDS: Tuesday, April 26, 2022 5:00 p.m. If you have any questions, please do not hesitate to contact me. Lori Barlow,AICP I Senior Planner,Community and Public Works Department 10210 E.Sprague Avenue I Spokane Valley,WA 99206 1 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 atasz Diana Wilhite, Mayor ATTEST: hristine Bainbridge, Ci Clerk Approved a�.to Form: ,t Office the City ttorney Resolution 07-009 Street Vacation Charges Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 16, 2022 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 — Proposed Amendment to SVMC 22.140 Street Vacations GOVERNING LEGISLATION: SVMC 22.140; RCW 35.79 and RCW 35A.47.020 Streets-Vacation PREVIOUS COUNCIL ACTION TAKEN: Chapter SVMC 22.140 was originally adopted and codified in SVMC by Ordinance 04-002;amended and reorganizated by Ordinance 05-012;further amended in 2007 by Ordinance 07-015; and by Ordinance 17-004 which included minor edits due to the City's broader reorganization. BACKGROUND: At the time of original adoption in 2004,the City organization was different from that of today, as some staff titles and duties have changed, some drastically. These changes are reflected in the draft amendment,along with other edits for clarity. OPTIONS: (1) Place on a future agenda for an ordinance first reading; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for a first reading. BUDGET/FINANCIAL IMPACTS: None anticipated. STAFF CONTACT: Cary Driskell, City Attorney. ATTACHMENTS: Proposed amendments to SVMC 22.140 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO.22- AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE CHAPTER 22.140 RELATING TO STREET VACATIONS, AND OTHER MATTERS RELATING THERETO. WHEREAS,the City has established procedures and notice requirements for the vacation of public streets and alleys within the City;and WHEREAS, there are several sections of SVMC 22.140 which need clarification regarding process. NOW THEREFORE the City Council of the City of Spokane Valley, Spokane County, Washington,ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to amend and clarify those certain sections concerning the allocation of duties connected with street vacations. Section 2. Chapter 22.140 Spokane Valley Municipal Code is hereby amended as follows: 22.140.020 Initiation of vacation. The owners of an interest in any real property abutting any public street or alley who may desire to vacate the street or alley,or any part thereof,may petition the city council. In the alternative,the city council may itself initiate a vacation by resolution.The petition or resolution shall be filed with the city clerk or designee. A. Petition for Vacation. The petition shall be in a form prescribed by the city manager or designee and shall be signed by the owners of more than two-thirds of the property abutting the portion of the street or alley sought to be vacated. B. Petition Fees. Every petition for the vacation of any public street, alley or any part thereof shall be accompanied by a fee in an amount established by resolution of the City to defray the administrative costs incurred in processing the petition and publishing, posting and mailing notices. The set amount shall be stated in the City of Spokane Valley Master Fee Schedule. Once paid,the fees shall not be refunded. C. Submittal Requirements for Petitions. Every petition shall be accompanied by the following: 1. A Spokane County assessor's map showing with a solid red line the portion of the street or alley sought to be vacated; 2.A vicinity map showing the general area of the proposed vacation; 3. A copy of the record of survey, if available, for the subject street and alley proposed for vacation and abutting properties, streets and alleys within 100 feet on all sides of the proposed vacation; 4. Written evidence of any and all utility easements, other allowances or reservations,whether public or private,pertaining to the street or alley proposed for vacation; and 5.A written narrative describing the reasons for the proposed street vacation,the physical limits of the proposed street vacation and the public benefit of the proposed street vacation. D. Setting of Hearing. Upon receipt of the petition, the fee and all required documents, the city clerk or designee, shall forward the petition and required documents to the appropriate city department director er designee, who shall determine whether the petition has been signed by the owners of more than two-thirds of the property abutting the part of the street or alley to be vacated. If the petition has been signed by the requisite percentage of such owners,the city manager or designee shall bring the petition Ordinance 22- Page 1 of 5 DRAFT before the city council within 30 days of receipt of the petition, and the city council shall by resolution fix the time when the petition will be heard by the city council,or a committee of the city council,which time shall not be more than 60 days nor less than 20 days after the adoption of the resolution. Where the city council initiates the vacation by resolution, that resolution shall fix the time when the proposed vacation will be heard by the city council or a committee of the city council. E. Staff Report. The city manager or designee, in conjunction with the community and public works department director,shall prepare a report concerning the proposed vacation.The pug department director shall evaluate the advisability of the proposed vacation based on the existing and future transportation system needs and requirements. The report shall address the criteria to be considered by the city council in determining whether to vacate the street or alley, and such other information as deemed appropriate by the city manager or designee including,but not limited to,drainage requirements and street closure requirements, such as the removal and replacement of concrete and asphalt, and placement of barriers limiting vehicle movements. In preparing the report, the city manager or designee shall solicit comments from the police department and the fire department and may solicit comments from other governmental agencies and utility companies having jurisdiction or utilities within the boundaries of the City. The report shall be submitted to the planning commission and to the petitioner and his or her representative not less than seven calendar days before the hearing. F.Notice of Hearing.Upon the passage of the resolution fixing the time for hearing the petition or proposal for vacation,the department director city clerk,or the city manager or designee,acting under direction and supervision of the city clerk shall give not less than 20 days' notice of the time,place and purpose of the hearing by: 1. Posting ef a written notice in three conspicuous places in the City; 2. Publishing written notice once in the City's official newspaper; 3. Posting a minimum 24-inch by 36-inch notice/-sign in a conspicuous place at each end of the street or alley sought to be vacated describing the proposed vacation and the date, time and location of the public hearing; and 4. Mailing written notice to all petitioners at the addresses on the petition and all owners of property abutting the street or alley proposed to be vacated, as shown on the records of the Spokane County assessor, not to exceed 90 calendar days from the date of the public hearing. The city manager or designee shall send the same written notice shall be sent to the representative of the petitioners at the address on the petition. G.Protest.If,prior to the time of the hearing,50 percent or more of the abutting property owners file written objections to a city council-initiated vacation with the city clerk,prior to the time of the hearing, the City shall be prohibited from proceeding with the vacation. Such objection must be submitted to the City prior to 4:00 p.m. on the date of the hearing. 22.140.030 Planning commission review and recommendation. A.The hearing on the petition or proposal shall be held before the planning commission upon the day fixed by resolution or at the time to which a hearing may be adjourned. In its consideration of the proposed vacation of the street or alley, the planning commission shall render a recommendation based on the following criteria: 1. Whether a change of use or vacation of the street or alley will better serve the public; 2. Whether the street or alley is no longer required for public use or public access; 3. Whether the substitution of a new and different public way would be more useful to the public; 4. Whether conditions may so change in the future as to provide a greater use or need than presently exists; and 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. Ordinance 22- Page 2 of 5 DRAFT B. Following the hearing, the city manager or designee shall forward the planning commission's recommendation and the hearing minutes to the city council at a regularly scheduled meeting. If a hearing is held before the planning commission,it shall not be necessary to hold a hearing before the city council; however,provided, that the city council may, at its discretion, determine to hold a separate hearing on the proposal. 22.140.040 City council decision. A.Following the hearing and receipt of the planning commission's recommendation,the city council shall determine whether to vacate the street or alley. The determination shall consider,but not be limited to,the findings of the planning commission. B. If the city council determines to grant the vacation, the action shall be made by ordinance with such conditions or limitations as the city council deems necessary and proper to preserve any desired public use or benefit. The ordinance shall contain a provision retaining or requiring conveyance of easements for construction,repair and maintenance of existing and future utilities and services. C. Pursuant to RCW 35.79.040, the city council, in approving a street vacation request, shall specify that the vacated portion of the street or alley shall belong to the abutting property owners, one-half to each, unless factual circumstances otherwise dictate a different division and distribution of the street or alley to be vacated. D. The city council reserves the right to require compensation as a condition of approval of ordinance action; provided, that such compensation shall comply with the requirements of RCW 35.79.030 and per criteria established by City Resolution;and further,that any required compensation shall be paid to the City prior to the City's participation in required title transfer actions. 22.140.050 Vacation of waterfront streets. A.The city shall not vacate a street or alley if any portion of the street or alley abuts a body of water unless: 1.The vacation is sought to enable the City to acquire the property for beach or water access purposes, or launching sites,park,public view,recreation,educational purposes,or other public uses; 2.The city council,by resolution,declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: a. Beach or water access; b. Launching sites; c. Park; d. Public view; e. Recreation; f. Education; or 3. The vacation is sought to enable the City to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the street or alley sought to be vacated abuts,had the properties included in the plan not been vacated. B. Before adopting an ordinance vacating a street or alley under subsection (A)(2) of this section,the city council shall: 1. Cause an inventory to be compiled of all rights-of-way within the City that abut the same body of water that is abutted by the street or alley sought to be vacated; 2. Cause a study to be conducted to determine if the street or alley to be vacated is unsuitable for use by the City for any of the following purposes: a. Launching sites; b.Beach or water access; c.Park; d. Public view; e. Recreation; or Ordinance 22- Page 3 of 5 DRAFT f.Education; 3.Hold a public hearing on the proposed vacation in the manner required by Chapter 35.79 RCW and this chapter; and 4. Include in its written decision a finding that the street or alley sought to be vacated is not suitable for any other purposes listed under subsection (B)(2) of this section, and that the vacation is in the public's interest. C. Notice of the public hearing on the proposed vacation shall be provided in accordance with SVMC 22.140.020(F); provided, that the City shall also post notice of the public hearing conspicuously on the street or alley sought to be vacated,which notice shall indicate that the area is a public access,that the street or alley is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to the city manager or designee indicating the objection. 22.140.060 Application of zoning district designation. The zoning district designation of the properties adjoining each side of the street or alley 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 extended districts. The adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 22.140.070 Recording of ordinance. The city manager or designee shall cause aA certified copy of the ordinance vacating a street or alley or part thereof,to be shall be recorded by the city clerk in the office of the Spokane County auditor. 22.140.080 Compliance to city council conditions. All conditions of city council authorization shall be fully satisfied prior to any transfer of title by the City. 22.140.090 Record of survey required. Following the city council's passage of the ordinance approving the proposal to vacate the street or alley,a record of survey prepared by a registered surveyor in the state of Washington and including an exact metes and bounds legal description and specifying, if applicable, any and all 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. Said record of survey shall contain the professional stamp and signature of the registered surveyor, and the proponent indicating acceptance of the vacated property. 22.140.100 Monumentation. 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 this chapter. 22.140.110 Costs of title transfer to be borne by proponent. All direct and indirect costs of title transfer of the vacated street or alley from public to private ownership including,but not limited to,title company charges,copying fees,and recording fees are to be borne by the proponent. The City assumes no financial responsibility for any direct or indirect costs for the transfer of title. Section 3. Severability. If any section, sentence,clause,or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,sentence,clause or phrase of this Ordinance. Section 4. Effective Date. This Ordinance shall become effective five days after publication of the ordinance,or a summary thereof,in the official newspaper of the City. Ordinance 22- Page 4 of 5 DRAFT Adopted this day of ,2022. ATTEST: CITY OF SPOKANE VALLEY Christine Bainbridge, City Clerk Pam Haley,Mayor Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 22- Page 5 of 5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 16, 2022 Department Director Approval: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: 2023 Budget— Draft Council Goals GOVERNING LEGISLATION: n/a PREVIOUS COUNCIL ACTION TAKEN: During the 2023 Budget Workshop held on June 14, 2022, Council discussed a variety of topics including an update to Council goals. BACKGROUND: Each year the City prepares an annual budget, and in the 2023 Budget development cycle, Council will ultimately have an opportunity to discuss the 2023 Budget development on eight separate occasions beginning with the June 14, 2022 Budget Workshop and ending with the scheduled November 8, 2022 adoption of the 2023 Budget. As part of the process, each department establishes goals for the upcoming year. The following draft 2023 goals are presented tonight for Council discussion: 1. Advance the Pines Road/BNSF Grade Separation project to construction and work with state and federal legislators towards advancing technical and financial assistance for the Sullivan/Trent Interchange and the Argonne/190 and Barker/190 Bridge Replacement Projects. 2. Actively pursue a plan to sustain the City's Pavement Management Program, to include dedicated funding for the Street Fund #101 and Pavement Preservation Fund #311 that will allow the City's streets to remain in their overall good rating. 3. Pursue state and federal financial assistance to provide identified transportation improvements along the entire Barker Road Corridor. 4. Sustain and expand where possible, economic development efforts including the retention and expansion of existing businesses and recruitment of new businesses. Actively partner with local, state, and national partners to support the economic and community recovery from the impact of the COVID-19 pandemic with an emphasis on relieving supply change issues. 5. Continue to foster relationships with federal, state, county, local legislators, municipalities, and agencies. 6. Pursue financing for Balfour Park,Appleway Trail amenities, and the Spokane Valley River Loop Trail. 7. Pursue financing for design and construction of connections between the Appleway Trail, Balfour Park, Dishman Hills, the Centennial Trail, and Spokane Valley River Loop Trail, creating where possible, continuous loops for users. 8. Execute an extension to the law enforcement contract to continue providing robust police services from the Spokane Valley Police Department. Study appropriate staffing levels per industry standards and determine the future needs for the public safety campus. 9. Prioritize involvement in regional public safety issues, in particular discussions regarding the jail and the criminal justice system, in order to develop options to control costs. 10. Increase community interactions, share information, and obtain feedback on current and future projects and priorities. OPTIONS: Council discretion. RECOMMENDED ACTION OR MOTION: Staff is seeking consensus from Council on whether the goals noted above are reflective of what Council collectively wishes to pursue in 2023 as well as include in the 2023 Budget document. BUDGET/FINANCIAL IMPACTS: This is one of the multitude of decisions that are part of the budget development process that will conclude with Council's scheduled November 8, 2022 adoption of the 2023 Budget. STAFF CONTACT: John Hohman, City Manager ATTACHMENTS: Council Budget Goals as discussed at the June 14, 2022 Budget Workshop. P:1Finance12023 Budget1Budget WorksheetstRCAs and Intros and PowerPoint Presentations12022 06 14 Budget WorkshopiTab 24 Council GoaIs12022 City Council Goals.docx 2022 City Council Goals (by Council consensus on 8/17/2021) 1. Work with state and federal legislators towards advancing the concepts outlined in the Bridging the Valley study including obtaining financial assistance for the Pines, Sullivan, and Park Grade Separation Projects. 2. Actively pursue a plan to sustain the City's Pavement Management Program, to include sustained financing in Street Fund #101 and Pavement Preservation Fund #311. 3. Pursue state and federal financial assistance to address transportation concerns along the entire Barker Corridor. 4. Sustain and expand where possible, economic development efforts including the retention and expansion of existing businesses and recruitment of new businesses. Too, actively partner with local, state and national partners to support the economic and community recovery from the impact of the COVID-19 pandemic. 5. Continue to foster relationships with federal, state, county and local legislators. 6. Pursue financing for Balfour Park and ApplewYay Trail amenities and continue the acquisition of park land. 7. Pursue financing for design and construction of connections between the Appleway Trail, Balfour Park, Dishman Hills, the Centennial Trail and Spokane Valley Riverloop Trail, creating where possible, a continuous loop for users. 8. Maximize the law enforcement contract to address staffing levels by enhancing recruiting efforts, minimizing out-of-service days, increasing retention, and taking steps to make the officer positions and the Spokane Valley Police Department increasingly appealing as a career path for those seeking to pursue a law enforcement career in Spokane Valley. 9. Increase community interactions, share information, and obtain feedback on current and future projects and priorities. 10. Prioritize involvement in public safety, in particular discussions regarding major policy considerations from the 2021 State Legislative Session, the jail and the criminal justice system, in order to maintain an understanding of options to keep our costs under control. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 16, 2022 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Gang Task Force GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Police Chief Ellis will give an overview of the Regional Safe Streets Task Force OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: n/a STAFF CONTACT: Chief Ellis ATTACHMENTS: PowerPoint ValleyPolice Department : pokane GangEnforcement Task Force Update II vot SPC]KANE VALLEY CITY HC LL. u ea. . witg a �F O _ Spokane'faf,Cey Bice(Apartment A WA5PC Ate ed Red Agency #�MaYOdA Chief Dave C August 16th, 202'2 ill Overview LIF for qn 0 CAe% lc 'V Historyof the Spokane Söki-4-er'- RegionalSafeStreetsTask iMiIIeyley WAShooting Trends Gang Response Strategy * • •int unit consisting of: FBI g Spokane Valley Police Department 1' a Re i o n a I p okane County Sheriff's Office e e l.sTask +e Police Department ® � 6 - ent of Corrections Fo r Customs and Border Protection Focused on regional gang and high-level drug investigations, as well as human trafficking investigations SVPD and SCSO share four officers that are assigned to this task force 3 Shooting Tre n d s City of Spokane Shootings: F- t 2018 - 36 -srav cr, ,ar 0uxo 2019 - 52 2020 — 94 it 2021 — 152 2022 (through June 30t") 81 GUN VIOLENCE Over half have been drive by shootings _ Recent Events June 26th - Spokane Police Officer is shot by two gang suspects who hunted officers (and recorded it on their cell phone) August 3rd - Spokane Police officer receives a shrapnel injury during shooting with robbery suspect from Spokane Valley January 3oth - Shootout in the parking lot near 2100 North Pines 5 Gang Violence Task Force U date Reorganized to deal with Spokane specific gang issues Partnering with new Spokane Police Department Violent Crimes Unit Proactive street patrols tasked with combatting gang violence $ioo,000 provided by the Spokane County Board of County Commissioners Will fund dedicated overtime extra patrols for approximately 2-3 months An additional siook will extend these patrols for an additional 2-3 months 6 y d w !m i y . i S£T\T�1L SPOKaNE VAILEY . r po „,...„. -,\ yh, ....6 L s ,_. --w---7,::;.„ . ,-.',,..?',: "C3348C Q u e st ions? DRAFT ADVANCE AGENDA as of Aug 10,2022; 11:55 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 August 23,2022,Formal Meeting,6:00 p.m. [due Tue Aug 16] 1.Consent Agenda(claims,payroll,minutes,Resolution 22-016 declaring items surplus) (5 minutes) 2.First Reading Ordinance 22-014 Street Vacation,ROW Mission to Park(STV-2022-001)-Lori Barlow (10 minutes) 3.First Reading Ordinance 22-015 Street Vacation Housekeeping Amendments—Cary Driskell (5 minutes) 4.Resolution 22-017,TPA Formation—Mike Basinger (15 minutes) 5.Admin Report:2023 Budget,Estimated Revenues&Expenditures—Chelsie Taylor (15 minutes) 6.Admin Report: Snowplow Replacement Discussion—Bill Helbig (15 minutes) 7.Admin Report:Fire Department Monthly Report—Chief Soto (10 minutes) 8.Admin Report:Advance Agenda—Mayor Haley (5 minutes) 9.Info Only:Department Monthly Reports [*estimated meeting:80 mins] August 30,2022,Study Session,6:00 p.m. [due Tue Aug 23] ACTION ITEMS: 1. Second Reading Ordinance 22-014 Street Vacation,ROW Mission to Park(STV-2022-0001)—Lori Barlow(10 min) 2. Second Reading Ordinance 22-015 Street Vacation Housekeeping Amendments—Cary Driskell (5 minutes) NON-ACTION ITEMS; 3. Sprague Avenue Stormwater Project—Gloria Mantz,Jerremy Clark (10 minutes) 4.Admin Report:Mercer International Inc.—Susan Nielsen (10 minutes) 5. Attorney General's Opioid Settlement Agreement—Tony Beattie (10 minutes) 6.Advance Agenda—Mayor Haley (5 minutes) [*estimated meeting: 50 mins] Sept 6,2022,Study Session,6:00 p.m. [due Tue Aug 30] ACTION ITEMS: 1.Motion Consideration: Attorney General's Opioid Settlement Agreement—Tony Beattie (10 minutes) NON-ACTION ITEMS: 2.Homeless Program Update—Eric Robison et al (45 minutes) 3.Pavement Management Funding Discussion—Bill Helbig Adam Jackson (25 minutes) 4.Advance Agenda—Mayor Haley (5 minutes) [*estimated meeting: 85 mins] Sept 13,2022,Formal Meeting,6:00 p.m. [due Tue Sept 6] Proclamation: Constitution Week 1.PUBLIC HEARING#1: 2023 Budget: 2023 Revenues,Includes Property Taxes—Chelsie Taylor (10 minutes) 2.PUBLIC HEARING:TPA Formation—Mike Basinger (15 minutes) 3.First Reading Ordinance 22-_Re TPA Formation—Mike Basinger (20 minutes) 4.Consent Agenda(claims,payroll,minutes;motion to set Budget Hearing for 10/11) (5 minutes) 5.Admin Report:Advance Agenda—Mayor Haley (5 minutes) [*estimated meeting: 55 mins] Sept 20,2022,Study Session,6:00 p.m. [due Tue Sept 13] ACTION ITEM: 1. Second Reading Ordinance 22- Re TPA Formation—Mike Basinger (10 minutes) NON-ACTION ITEMS: 2.Outside Agency presentations(5 minutes each)—Dan Domrese (-110 minutes) 3.Proposed Ordinance Adopting 2023 Property Taxes—Chelsie Taylor (10 minutes) 4.Advance Agenda—Mayor Haley (5 minutes) [*estimated meeting: 135 mins] Sept 27,2022,Study Session,6:00 p.m. [due Tue Sept 20] 1. SCOPE Presentation—Chris Conway SCOPE Director (15 minutes) 2.Advance Agenda—Mayor Haley (5 minutes) Draft Advance Agenda 8/11/2022 2:21:58 PM Page 1 of 2 October 4,2022,Study Session,6:00 p.m. [due Tue Sept 27] 1.City Manager Presentation of 2023 Preliminary Budget—John Holunan (25 minutes) 2.Advance Agenda—Mayor Haley (5 minutes) Oct 11,2022,Formal Meeting,6:00 p.m. [due Tue Oct 4] 1.PUBLIC HEARING#2:2023 Budget: Preliminary Budget (10 minutes) 2.First Reading Property Tax Ordinance 22- —Chelsie Taylor (10 minutes) 3.Consent Agenda(claims,payroll,minutes) (5 minutes) 4.Admin Report:2022 Budget Amendment—Chelsie Taylor (10 minutes) 5.Admin Report:Advance Agenda—Mayor Haley (5 minutes) Oct 18,2022,Study Session,6:00 p.m. [due Tue Oct 11] 1.Advance Agenda—Mayor Haley (5 minutes) Oct 25,2022,Formal Meeting,6:00 p.m. [due Tue Oct 18] 1.PUBLIC HEARING: 2022 Budget Amendment—Chelsie Taylor (5 minutes) 2.First Reading Ordinance Amending 2022 Budget—Chelsie Taylor (10 minutes) 3.Consent Agenda(claims,payroll,minutes) (5 minutes) 4. Second Reading Property Tax Ordinance—Chelsie Taylor (10 minutes) 5.First Reading Ordinance Adopting 2023 Budget—Chelsie Taylor (10 minutes) 6.Motion Consideration:Outside Agency Grant Awards—Dan Domrese (10 minutes) 7.Admin Report:Advance Agenda—Mayor Haley (5 minutes) 8.Info Only:Department Monthly Reports [*estimated meeting: 55 mins] Nov 1,2022,Study Session,6:00 p.m. [due Tue Oct 25] 1.Advance Agenda—Mayor Haley (5 minutes) Nov 8,2022,Formal Meeting,6:00 p.m. [due Tue Nov 1] 1.PUBLIC HEARING#3: 2023 Budget—Chelsie Taylor (5 minutes) 2.Consent Agenda(claims,payroll,minutes) (5 minutes) 3. Second Reading Ordinance Amending 2022 Budget—Chelsie Taylor (10 minutes) 4. Second Reading Ordinance Adopting 2023 Budget—Chelsie Taylor (10 minutes) 5.Admin Report:LTAC Recommendations to Council—Chelsie Taylor (15 minutes) 6.Admin Report:Advance Agenda—Mayor Haley (5 minutes) 7.Info Only:Department Monthly Reports [*estimated meeting: 50 mins] Nov 15,2022,Study Session,6:00 p.m. [due Tue Nov 8] 1.Advance Agenda—Mayor Haley (5 minutes) Nov 22,2022,Formal Meeting,6:00 p.m. [due Tue Nov 15] 1.Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report:2023 Fee Resolution—Chelsie Taylor (10 minutes) 3.Admin Report:Advance Agenda—Mayor Haley (5 minutes) 4.Info Only:Department Monthly Reports [*estimated meeting: mins] Nov 29,2022—meeting cancelled—Thanksgiving holiday Dec 6,2022,Study Session,6:00 p.m. [due Tue Nov 29] 1.Advance Agenda—Mayor Haley (5 minutes) *time for public or council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Appleway Trail Amenities Mirabeau Park Forestry Mgmt. SCRAPS Update Basement space Neighborhood Restoration St.Illumination(owners,cost,location) Castle Park NLC Summit Nov 16-19 St. O&M Pavement Preservation CDBG Interlocal Park Lighting Vehicle Wgt Infrastructure Impact Consolidated Homeless Grant PFD Presentation Water Districts&Green Space Continuum of Care(info item) Property Tax Discussion Way Finding Sign Core Beliefs Resolution Prosecutor Services Gov.Auth.Emergencies(info) Residency Draft Advance Agenda 8/11/2022 2:21:58 PM Page 2 of 2