Loading...
2024, 04-30 study session AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Tuesday, April 30, 2024 6:00 p.m. Remotely via ZOOM Meeting and In Person at Spokane Valley City Hall, Council Chambers 10210 E. Sprague Ave. Spokane Valley, WA 99206 Council Requests Please Silence Your Cell Phones During Council Meeting NOTE: Members of the public may attend Spokane Valley Council meetings in-person 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 If making a comment via Zoom, comments must be received by 4:00 pm the day of the meeting. 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 PROCLAMATION: AAPI Heritage Month & Older Americans Month GENERAL PUBLIC COMMENT OPPORTUNITY: This is an opportunity for the public to speak on any subject except agenda action items, as public comments will be taken on those items where indicated. Please keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks will be limited to three minutes per person. If a person engages in disruptive behavior or makes individual personal attacks regarding matters unre comment time before the three-minute mark. To comment via zoom: use the link above for oral or written comments as per those directions. To comment at the meeting in person: speakers may sign in to speak but it is not required. A sign-in sheet will be provided at the meeting. ACTION ITEMS: 1. First Reading: Ordinance 24-007: Comprehensive Plan Map Amendment Levi Basinger 2. First Reading: Ordinance 24-008: CPA -2024 Zoning Map Amendment Levi Basinger 3. Second Reading: Ordinance 24-005: Amending SVMC Appendix B & 18.20.030 Kelly Konkright \[public comment opportunity\] 4. Motion: Resolution 24-009: Authorizing RCO Grant Applications for Balfour Park - John Bottelli \[public comment opportunity\] 5. Motion Consideration: Potential Opioid Settlement Agreement Tony Beattie \[public comment opportunity\] 6. Motion Consideration: Cross Country Course Contract Award - Mike Basinger \[public comment opportunity\] thrd 7. Motion Consideration: Bowdish Road Project 12 Ave to 23 Ave Bid Award Erica Amsden \[public comment opportunity\] Council Agenda April 30, 2024 Page 1 of 2 NON-ACTION ITEMS: 8.Admin Report: Public Defense Caseload Standard Update Tony Beattie, Morgan Koudelka 9. Admin Report: TPA 116 & West marketing services funds proposal Lesli Brassfield 10. Advance Agenda Mayor Haley COUNCIL COMMENTS CITY MANAGER COMMENTS ADJOURN Council Agenda April 30, 2024 Page 2 of 2 Proclamation City of Spokane Valley, Washington AAPI HERITAGE MONTH WHEREAS, On October 5, 1978, President Jimmy Carter signed a Joint Resolution into law which proclaimed the week of May 4-11 as Asian/Pacific American Heritage Week; in 1992, the Heritage Month celebration was finally institutionalized when Congressman Horton introduced legislation to designate May of each year as Asian Pacific American Heritage Month, and the support for that legislation was unanimous; and WHEREAS, On October 23, 1992, President George H.W. Bush signed into law proclaiming the month of May every year as Asian Pacific American Heritage Month in perpetuity, affording opportunities to honor immigrants of the Asian continent and the Pacific Islands; and WHEREAS, The month of May was chosen to commemorate the immigration of the first Japanese to the United States on May 7, 1843, and to acknowledge that on May 10, 1869, the golden spike was driven into the First Transcontinental Railroad, which was completed using Chinese labor; and WHEREAS, The City of Spokane Valley has been and continues to be the home of many immigrants and citizens of Asian/Pacific Islander descent, who have contributed greatly to numerous areas of life including business, art, sciences, health and medicine, education, agriculture, and overall economic development; and WHEREAS, Our diverse population represents one of our greatest strengths, and by recognizing the contributions and accomplishments of Asian American and Pacific Islander citizens, our City celebrates the importance of including all to build a brighter future for all of our citizens; and WHEREAS, Spokane Valley is proud to celebrate what is Asian American and Pacific Islander Heritage Month, to commemorate the essential contributions, sacrifices, and accomplishments that Asian Americans and Pacific Islanders have made; and WHEREAS, Today more than 20 million Asian American Pacific Islanders live in the United States and through their actions, make America a more vibrant, prosperous, and secure nation. Now therefore, I, Pam Haley, Mayor of the City of Spokane Valley, Washington, on behalf of the Spokane Valley City Council and the residents of the City of Spokane Valley, do hereby proclaim May 2024 as Asian American and Pacific Islander Heritage Month in the City of Spokane Valley, and I encourage residents to learn more about the Asian American and Pacific Islander heritage. th Dated this 30 day of April, 2024. ______________________________ Pam Haley, Mayor Proclamation City of Spokane Valley, Washington Older Americans Month Aging Unbound WHEREAS, Spokane Valley includes a growing number of older citizens who contribute their time, wisdom, and experience to our community; and WHEREAS, Communities benefit when people of all ages, abilities and backgrounds have the opportunity to participate and live independently; and WHEREAS, Spokane Valley recognizes the need for a community that offers the services and supports older adults who may need to make choices about how they age; and WHEREAS, Spokane Valley realizes that the ways to build an even better community for our older residents is by not limiting our thinking about aging; by emphasizing the many positive aspects of aging; and by inspiring older adults to push past traditional boundaries. Now therefore, I, Pam Haley, Mayor of the City of Spokane Valley, Washington, on behalf of the Spokane Valley City Council and the citizens of the City of Spokane Valley, do hereby proclaim May 2024, as Older Americans Month And I urge residents to celebrate our older residents, and to recognize their contributions as we all work to accept the challenge of flexible thinking around aging. th Dated this 30 day of April, 2024. ______________________________ Pam Haley, Mayor CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 30, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. reportpending legislation executive session AGENDA ITEM TITLE: First Reading Ordinance 24-007 – 2024 Comprehensive Plan Map Amendment. GOVERNING LEGISLATION: RCW 36.70A, SVMC 17.80.140 and 19.30.010 PREVIOUS COUNCIL ACTION TAKEN: On December 19, 2023, the City Council approved the 2024 Comprehensive Plan Amendment Docket. On April 16, 2024, Council gave consensus to prepare Ordinance 24-007 for a first reading. BACKGROUND: The GMA (Growth Management Act) allows local jurisdictions to consider amendments to their Comprehensive Plans once each year. The City codified this process in Section 17.80.140 of the Spokane Valley Municipal Code (SVMC). Consistent with the SVMC, staff published notice advising the public of the annual amendment process and that the City would accept applications for the 2024 cycle through November 14, 2023. On December 19, 2023, the City Council approved the 2024 Docket. The Docket included two site specific map amendments to the Comprehensive Plan, file no. CPA-2024-01 and CPA-2024-02. On January 5, 2024, the City issued Determinations of Non-significance (DNS) for the proposed comprehensive plan amendments pursuant to Title 21, Environmental Controls of the SVMC. On February 23 and March 1, 2024, notice for a public hearing on the proposed amendments was placed in the Spokane Valley News Herald. On February 22, 2024, the sites subject to an amendment were posted with a “Notice of Public Hearing” sign with a description of the proposal and information on the public hearing. On February 21, 2024, a notice of public hearing was mailed to property owners within 400 feet of the proposed amendment sites. On February 8 and 22, 2024, the Planning Commission held study sessions on the proposed 2024 Comprehensive Plan amendments. A public hearing on the proposed amendments was held March 14, 2024. Following the public hearing, the Planning Commission deliberated on the proposed amendments. On March 28, 2024, the Planning Commission voted to recommend that the City Council approve CPA- 2024-01 and deny CPA-2024-02. On April 16, 2024, an Administrative Report was presented to City Council. The Council agreed by consensus to have the proposed Ordinance 24-007 presented for first reading. The Ordinance under consideration identifies the findings to approve proposed amendment file no. CPA-2024-01, consistent with the Comprehensive Plan goals and policies, the GMA, and the SVMC. The purpose Ordinance 24- 007 is to amend the Comprehensive Plan as described in CPA-2024-01. The Governance Manual for City Council provides that Council will not take public comment on items that have already had a public hearing. As noted above the Planning Commission held a duly notice public hearing on the proposed Comprehensive Plan amendment. OPTIONS: Move to advance Ordinance No. 24-007 to a second reading, with or without amendments. RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 24-007 to a second reading as proposed. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Levi Basinger, Associate Planner ___________________________________________________________________________ ATTACHMENTS: 1. Draft Ordinance 24-007 2. PowerPoint Presentation 3. Planning Commission Findings and Recommendations: General and CPA-2024-01 4. Planning Commission minutes: February 8, 2024, February 22, 2024, March 14, 2024, March 28, 2024 (draft) 5. Staff Report with attached exhibits for CPA-24-01 Draft CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 24-007 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING THE CITY OF SPOKANE VALLEY COMPREHENSIVE PLAN; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, pursuant to Spokane Valley Ordinance No. 16-018, the City of Spokane Valley adopted the Comprehensive Plan, Capital Facilities Plan, and maps as the Comprehensive Plan of the City of Spokane Valley (the Comprehensive Plan); and WHEREAS, comprehensive plans may be amended annually pursuant to RCW 36.70A.130 of the Growth Management Act (GMA); and WHEREAS, amendments to the City’s Comprehensive Plan may be initiated by the Planning Commission (Commission), the City Council (Council), citizens, or by the Community and Public Works Director based on citizen requests or when changed conditions warrant adjustments; and WHEREAS, the GMA requires comprehensive plans to be implemented with development regulations, including the zoning of all properties in the City that are consistent with land use map designations; and WHEREAS, the City adopted Public Participation Guidelines to direct the public involvement process for adopting and amending comprehensive plans; and WHEREAS, the Spokane Valley Municipal Code (SVMC) provides that amendment applications shall be received prior to November 1 of each year; and WHEREAS, applications were submitted by the applicant, owner, or by City staff to amend the Comprehensive Plan and Zoning Map for the purpose of beneficially using the property described herein; and WHEREAS, on December 19, 2023, City Council approved the 2024 Comprehensive Plan Amendment Docket, which included CPA-2024-0001; and WHEREAS, pursuant to the State Environmental Protection Act chapter 43.21C RCW (SEPA) and chapter 21.20 SVMC, staff conducted an environmental review to determine the potential environmental impacts from the proposed amendments; and WHEREAS, on January 5, 2024, after reviewing the environmental checklists, staff issued a Determination of Non-Significance (DNS) for the proposal, published the DNS in the Valley News Herald, and where appropriate posted the DNS on site and mailed the DNS to all affected public agencies; and WHEREAS, on December 20, 2023, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106 of the City’s intent to adopt amendments to the Comprehensive Plan; and WHEREAS, on February 8 and 22, 2023, the Planning Commission conducted two study sessions to review the proposed amendments; and WHEREAS, on February 23 and March 1, 2024, notice of the Commission public hearing was published in the Valley News Herald the City’s official newspaper; and Ordinance 24-007: 2024 Comprehensive Plan Amendments Page 1 of 7 Draft WHEREAS, on February 21, 2024, notice of the Commission hearing was mailed to all property owners within 400 feet of the subject property; and WHEREAS, on February 22, 2023, notice of the Commission hearing had been posted on the subject property; and WHEREAS, on March 14, 2024, the Commission received evidence, information, public testimony, and a staff report and recommendation at a public hearing; and WHEREAS, on March 14, 2024, the Commission deliberated and voted to forward CPA-2024-01 to Council with a recommendation for approval, with written findings of fact setting forth the bases for such recommendations to Council; and WHEREAS, on April 16, 2024, Council conducted a briefing to review the proposed amendments; and WHEREAS, on April 16, 2024, Council concurred to place CPA-2024-01 in an ordinance for consideration of approval; and WHEREAS, on April 30, 2024, Council considered a first ordinance reading to approve CPA-2024-01; and NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows: Section 1. Purpose. The purpose of this Ordinance is to amend the Comprehensive Plan as described in CPA-2024-01. Section 2. Findings. Council acknowledges that the Commission conducted appropriate investigation and study and held a public hearing on the proposed amendments to the Comprehensive Plan. Council has considered the Commission’s findings. Council makes and adopts findings specific to the Comprehensive Plan amendment as set forth in Section 4 below. The Council hereby makes and adopts the following general findings applicable to all proposed amendments: General Findings: 1. Pursuant to chapter 43.21C RCW (SEPA), environmental checklists were required for the proposed Comprehensive Plan amendment. 2. Staff reviewed the environmental checklists and a threshold determination was made for the proposed Comprehensive Plan amendment. 3. On January 5, 2024, Determination of Non-Significance (DNS) was issued for the proposed Comprehensive Plan amendments. 4. On January 5, 2024, the DNS was published in the City’s official newspaper, the Valley News Herald, pursuant to chapter 21.20 SVMC. 5. The procedural requirements of SEPA and Title 21 SVMC have been fulfilled. 6. On December 20, 2023, the Washington State Department of Commerce was provided a notice of intent to adopt amendments to the Comprehensive Plan. Ordinance 24-007: 2024 Comprehensive Plan Amendments Page 2 of 7 Draft 7. On February 21, 2024, individual notices of public hearing for the proposed site-specific map amendment were mailed to all property owners within 400 feet of the affected site. 8. On February 22, 2024 the site subject to a proposed site-specific amendment was posted with a “Notice of Public Hearing” sign, with a description of the proposal. 9. On February 23 and March 1, 2024, notice of the Commission public hearing was published in the Valley News Herald. 10. The procedural requirements in SVMC 17.80.140 for the amendment process, including public participation, notice, and public hearing requirements have been met. 11. On March 14, 2024, the Commission held a public hearing on the proposed Comprehensive Plan amendment. After receiving public testimony, the public hearing was closed. 12. On March 14, 2024, the Commission deliberated and voted to forward CPA-2024-01 to Council with a recommendation for approval. 13. The Commission adopted findings for CPA-2024-01. Such findings were presented to Council. Specific findings adopted and made by City Council for the Comprehensive Plan Amendment request are contained in Section 4, below. 14. The Commission and Council have reviewed the proposed amendments concurrently to evaluate the cumulative impacts. The review was consistent with the annual amendment process pursuant to SVMC 17.80.140 and chapter 36.70A RCW. 15. The proposed amendments to the Comprehensive Plan are consistent with GMA and do not result in internal inconsistencies within the Comprehensive Plan itself. Section 3. Property. The property subject to this Ordinance is described in Attachment “A” (2024 Comprehensive Plan Amendment Maps). Section 4. Comprehensive Plan and Map Amendment. Pursuant to RCW 36.70A.130, the Comprehensive Plan is hereby amended as set forth below and in Attachment “A”. The Comprehensive Plan amendments are generally described as follows: Comprehensive Plan and Map Amendment: File No. CPA-2024-01: Proposal: A request to change the land use designation and zoning for approximately 49.2 acres of Multi- Family Residential to 44 acres Mixed Use and 5.2 acres Single-Family Residential. Applicant: City of Spokane Valley Amendment Location: 4418 E 8th Avenue; Parcel Numbers 35233.9191, 35233.9192, 35233.9176, 35233.0513, 35233.0709, 35233.0710, 35233.0604, 35233.0605, 35233.0606, 35233.0607, 35233.0608, 35233.0609, and 35233.0505; Section 23, Township 25 North, Range 43 East, Willamette Meridian, Spokane County, Washington. Council adopts and makes the following Findings for CPA-2024-01: 1. 1. The proposed amendment to change the designation for 49.2 acres from Multi-Family Residential (MFR) to 44 acres Mixed Use (MU) and 5.2 acres Single-Family Residential Ordinance 24-007: 2024 Comprehensive Plan Amendments Page 3 of 7 Draft (SFR) bears a substantial relationship to the public health, safety, welfare, and protection of the environment. 2. The proposal is a city-initiated map amendment that would allow for a broader range of uses on the northern portion of the property, which is accessed from 8th Avenue, a minor arterial. Mixed-Use (MU) provides economic opportunity by allowing for two or more different land uses within developments under this designation, including commercial uses not allowed under the current Multi-Family Residential (MFR) designation. MU developments can be either vertical or horizontally mixed, and could include employment uses such as office, retail, and/or lodging along with higher density residential uses, and in some cases community or cultural facilities. The subject property was purchased by Spokane Conservation District (SCD) approximately 7 years ago. The property is forested and was previously used for excavation and storage of landscape materials. The SCD has worked to enhance the forested portions of the property and built offices to support their operations. In addition, the SCD has for-lease office space and a daycare onsite. SCD has expansion plans that include a farmers' market and other similar public-facing uses. All these uses would take place across the northern three parcels that are directly accessed from 8th Avenue. Allowing for a re-designation and rezone from MFR to MU would accommodate these future plans. In addition, the proposal recognizes that the southern portion of the property is adjacent to lower-intensity, single-family residential areas. Due to steep topography across the property, the southern portion of the property is disconnected from the northern portion fronting 8th Avenue and is more easily accessed from local access residential streets that include 13th and 14th Avenues. Changing the designation of the southern ten parcels from MFR to Single- Family Residential (SFR) would reduce the potential for higher intensity uses adjacent to the existing low-density residential neighborhood. The southern portion of the subject property will be more closely integrated with existing low-density residential neighborhoods and serve as a buffer from more intensive uses on the northern portion of the property. 3. The Growth Management Act (GMA) adopts fourteen goals to guide the development of local comprehensive plans and development regulations. At a broad level encouraging efficient use of transportation infrastructure and promoting economic development meets those related GMA goals. 4. The proposed amendment does not respond to a substantial change in conditions beyond the property owner’s control applicable to the area within which the subject property lies. 5. The proposed amendment is not in response to or corrects an obvious mapping error. 6. The proposed amendment does address a need identified in the Comprehensive Plan. The Land Use Element of the Comprehensive Plan identifies priorities that include supporting neighborhood-scale development that enhances local community identity, supporting a mix of land uses, and allowing flexibility to apply innovative development approaches. In addition, the Economic Development Element of the Comprehensive Plan identifies priorities that include capitalizing on local outdoor recreation opportunities. In addition, the Natural Resources Element of the Comprehensive Plan identifies leveraging natural assets by minimizing impacts to critical areas as a priority for improving quality of life and attracting new business and residents. The proposed amendment proposal addresses these needs and priorities. Additionally, the proposed comprehensive plan amendment is supported by the following Goals and Policies: ED-P6: Promote the development or redevelopment of vacant and underutilized properties, particularly those with potential to serve as a catalyst for economic development. ED-P12: Leverage community assets (e.g. trails, natural amenities, and facilities) to grow the local economy. LU-G1: Maintain and enhance the character and quality of life in Spokane Valley. Ordinance 24-007: 2024 Comprehensive Plan Amendments Page 4 of 7 Draft LU-G2: Provide for land uses that are essential to Spokane Valley residents, employees, and visitors. LU-P1: Enable neighborhood-scale commercial uses in residential areas. LU-P5: Ensure compatibility between adjacent residential and commercial or industrial uses. LU-P6: Support neighborhood efforts to sustainably cultivate produce. LU-P7: Protect residential neighborhoods from incompatible land uses and adverse impacts associated with transportation corridors. 7. The property is developed and disturbed. The current site is forested but is surrounded by developed areas on all sides. While the change to MU could increase the intensity of development on the northern portion of the property, the site is also characterized by steep slopes and a Special Flood Hazard Area (SFHA), which will limit the scale of development across the whole site. Due to the physical limitations of the property, the impact to the physical environment would likely be minimal. All future development will be subject to the City’s floodplain regulations. 8. The site in question does not contain streams, rivers, or lakes, but a portion of the property is located in a Special Flood Hazard Area (SFHA) according to the adopted Flood Insurance Rate Map (FIRM). The property is also forested and includes steep terrain, which are considered to be geologically hazardous areas within the City’s critical areas ordinance. The City’s critical areas ordinance and floodplain regulations will ensure adequate protection of the critical areas and the SFHA when future development occurs. 9. The proposed amendment takes the surrounding land uses into consideration. Areas north and east of the site are designated MFR and allow for higher density residential development. One such multi-family residential development is under construction on the property immediately east of the site. One additional adjacent property to the east contains the Spokane School District No. 81 Instructional Technology Support Center (ITSC), located within a former elementary school. The ITSC no longer functions as a school but as a support facility for School District staff. Areas south and west of the site are characterized as low-density single-family residential uses, with land to the west being within the incorporated limits of the City of Spokane. While MU allows for a wide variety of uses, the presence of critical areas and physical characteristics of the site limit the scale and intensity of development across the entire property. To further protect the adjacent land uses to the west and south, the proposed map amendment would also change the designation of the southern portion of subject property to SFR. This would limit the scale of potential development and housing densities for this portion of the property to single-family residential uses, which is compatible with existing single-family properties to the west and south. 10. Sewer, water, electricity, and other utilities are available to the site. The property is adjacent to Spokane School District No. 81 ITSC, which is located in a former elementary school but no longer functions as a school. The site is approximately 0.6 of a mile from Frances Scott Elementary School and 0.9 miles from Underhill Park in the City of Spokane and 1.8 miles from Edgecliff Park in the City of Spokane Valley. The impact of this development on the overall parks and recreation would be minimal and within the adopted Level of Service (LOS). Impacts to the Spokane School District would be minimal. In regards the transportation network, 8th Avenue is designated as a minor arterial, the Comprehensive Plan identifies that 8th Avenue will be widened to a 3-lane cross section with curbs, sidewalks, bike lanes, and stormwater facilities. The forecasted LOS for this stretch of 8th Avenue maintains a “D” throughout the planning horizon within the adopted LOS. The impact of potential development under the MU zone would be minimal and within the adopted LOS. It should be noted that Havana Street is designated as a minor arterial according to the City of Spokane. The City of Spokane Valley shall communicate with the City of Spokane on all future development proposals. The parcel is adjacent to Spokane Transit Authority (STA) Ordinance 24-007: 2024 Comprehensive Plan Amendments Page 5 of 7 Draft Route 94, which includes stops along 8th Avenue and provides 30-minute service frequencies along its route between Downtown Spokane and the City of Millwood. Route 94 provides connections with other transit routes at multiple points along its route, thus expanding transit access to the subject site from multiple points across the metropolitan area. The City of Spokane Valley shall communicate with STA to determine impacts to transit service resulting from future development proposals. 11. The proposed amendment will provide a benefit to the neighborhood, City, and region by allowing for non-residential uses that enhance community identity and provide additional economic opportunities. This amendment will also allow property owners to apply innovative development approaches that will blend a mix of uses into the existing natural environment. Any future development proposal would protect critical areas onsite through the City of Spokane Valley’s critical areas ordinance and floodplain regulations, which will ensure onsite development does not create impacts to properties in the immediate vicinity and those areas further afield. Overall, this amendment supports goals and policies within the City’s Land Use, Economic Development, and Natural Resources Elements of the Comprehensive Plan. 12. The location of the proposal and the physical attributes of the site are similar to other areas designated MU. Approximately 40-acres of land designated MU is located 0.3 of a mile to the east at the intersection of 8th Avenue and Carnahan Road. As described in the Comprehensive Plan, developments with the designation MU can be either vertical or horizontally mixed, and would include employment uses such as office, retail, and/or lodging along with higher density residential uses. Furthermore, areas to the north of the site are designated MFR, which also allows for higher density residential development and is compatible with areas zoned MU. The southern portion of the site to be designated SFR is consistent with existing single-family developments surround the site to its west and south. If future development is proposed on the areas to be designated SFR, it would be at a scale and density compatible with the built environment to the west and south. 13. Across the entire city the proposed change would have little impact on population density. 14. The proposal will not have an impact on other aspects of the Comprehensive Plan. 15. The criteria of SVMC 17.80.140(H) are met by the amendment. Council Decision: Change the designation for parcel numbers 35233.9191, 35233.9192, and 35233.9176, to Mixed Use (MU) and change the designation for parcel numbers 35233.0513, 35233.0709, 35233.0710, 35233.0604, 35233.0605, 35233.0606, 35233.0607, 35233.0608, 35233.0609, and 35233.0505 to Single- Family Residential (SFR). Section 5. Map - Copies on File-Administrative Action. The Comprehensive Plan (with maps)is maintained in the office of the City Clerk as well as the City Department of Community and Public Works. The City Manager or designee, following adoption of this Ordinance, is authorized to modify the Comprehensive Plan (including maps) in a manner consistent with this Ordinance, including correcting scrivener’s errors. Section 6. Liability. The express intent of the City is that the responsibility for compliance with the provisions of this Ordinance shall rest with the permit applicant and their agents. This Ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 7. Severability. If any section, sentence, clause, or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Ordinance 24-007: 2024 Comprehensive Plan Amendments Page 6 of 7 Draft Section 8. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council this ____ day of May, 2024. ____________________________________ ATTEST: Pam Haley, Mayor __________________________________ Marci Patterson, City Clerk Approved as to form: _________________________________ Office of the City Attorney Date of Publication: _________________ Effective Date: ____________________ Ordinance 24-007: 2024 Comprehensive Plan Amendments Page 7 of 7 2 Exhibit 2/08 & 2/22/243/14/243/28/24 ——— RegularMeeting Minutes Spokane Valley Planning Commission Spokane Valley City Hall March 28, 2024 I. Chairman Bob McKinley called the regular meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners and staff stood for the Pledge Of Allegiance. III. Administrative Marianne Lemons took attendance, and the following members and staff were present: Susan Delucchi Tony Beattie, Senior Deputy City Attorney Bob McKinley Chaz Bates, Planning Manager John Robertson Lori Barlow, Senior Planner Vadim Smelik, absent Levi Basinger, Associate Planner Justin Weathermon Justan Kinsel, IT Specialist Dan Wilson Marianne Lemons, Administrative Assistant There was consensus from the Commission to excuse Commissioner Smelik. Commissioner Robertson arrived at 6:03 p.m. IV. AGENDA: Commission Wilson moved,and it was seconded to approve the meeting agenda for March 28, 2024, as submitted. There was no discussion. The vote on the motion was five in favor, zero against, and the motion passed. V. MINUTES:Commissioner Delucchi moved, and it was seconded, to approve the March 14, 2024, minutes as presented. There was no discussion. The vote on the motion was five in favor, zero against, and the motion passed. VI. COMMISSION REPORTS: There were no Commissioner reports. VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that MichaelKelly has been appointed to the vacant position on the Planning Commission. He also stated that a representative from Spokane Transit Authority will be providing a presentation on their ten-year comprehensive plan at the first meeting in April. VIII. PUBLIC COMMENT: There was no public comment offered. 03-28-2024 Planning Commission Minutes Page 2 of 3 IX. COMMISSION BUSINESS: a. Findings of Fact: 2024 Annual Comprehensive Plan Amendments Planner Levi Basinger provided a brief overview of the Findings of Fact for the 2024 Annual Comprehensive Plan Amendments (CPA-2024-0001 & CPA-2024-0002), explaining how they formalize the Commission’s recommendations made after receiving public comment during the public hearing and Planning Commission deliberations. Commissioner Delucchi moved, and it was seconded to approve the Findings of Fact for STV-2024- 0001 as presented. There was no discussion. The vote on the motion was five in favor, zero against, and the motion passed. b. Public Hearing: STV-2024-0001 –Girard and Lily Street Vacations The Public Hearing was opened at 6:11 p.m. Senior Planner Lori Barlow gave a staff presentation. She explained that a street vacation is the complete or partial abandonment or termination of the public right to use a street, highway, or public service easement. She stated that STV-2024-0001 is a privately initiated street vacation request to vacate the south 60’ X 80’ of Girard Road and the south 60’ X 95’ of Lily Road lying north of I-90 and south of Boone Avenue. Ms. Barlow stated that the large public hearing notice signs were posted on each end of the area to be vacated, posted in City Hall and on the City website. A written notice was mailed to the property owners abutting the vacated area and the notice was published in the Valley Herald and the thth Exchange newspapers on March 18& March 25, 2024. The City did not receive any public comment from that notice. Ms. Barlow said that James Boone, LLC has requested the street vacation of Lily and Girard to expand the operation area for the existing landscape materials business. The adjacent property owner Avodah, LLC has signed the application, authorizing James Boone, LLC to represent their interests. James Boone, LLC and Avodah, LLC own the adjacent property to the ROW requested to be vacated. Both properties are paved but do not have curbs, gutters, or sidewalks. Ms. Barlow stated that staff has reached out to utilities and service providers regarding the proposal. Avistacommented that they have a gas line in the Girard right of way (ROW) and required a 10’ wide utility easement centered on all services. Spokane County Water District #3 commented that they have a water mainline in Girard ROW and requested a 20’ wide utility easement centered over existing utilities. Spokane County Environmental Services commented that they have sewer lines in Girard and Lily ROW’s and requested a 20’ easement centered over existing utilities. These requests are included as conditions of approval in the staff report. Lumen commented that they have a pedestal located near the Girard property line and Comcast commented that they have aerial cable facilities outside the STV area; however, they did not request easement access. 03-28-2024 Planning Commission Minutes Page 3 of 3 Ms. Barlow explained that the Fire Department commented that they would like to maintain access to residences if retained or adequate access provided to the commercial site, an on-site turn-around to be maintained if thru access is eliminated, any gates installed are to be reviewed and approved by the fire department, and Knox Products are required for the gates. These are also added as conditions of approval. Ms. Barlow said that if the street vacation is granted, half of the vacated ROW will be distributed to each adjacent lot, the property owners must pay for the property received, and the requested utility easements must be established by a Record of Survey. The applicant, James Boone stated that he did not have anything to add to the report given by Ms. Barlow. Commissioner Robertson asked if gates will be maintained on the north end of the property. Mr. Boone answered that the gate will be maintained for Fire Department access but will be closed to the public. There was no public comment offered so the public hearing was closed at 6:30 p.m. Commissioner Delucchi moved, and it was seconded to recommend approval of STV-2024- 0001 with staff conditions to the City Council. There was no discussion. The vote on the motion was five in favor, zero against, and the motion passed. X. GOOD OF THE ORDER: Chairman McKinley stated that he will not be able to attend the meeting on April 11, 2024. XI. ADJOURNMENT: Commissioner Wilson moved, and it was seconded, to adjourn the meeting at 6:34 p.m. The vote on the motion was five in favor, zero against, and the motion passed. _______________________________ __________________________________ Bob McKinley, Chairman Date Signed ____________________________________ Marianne Lemons, Secretary E CONOMIC D EVELOPMENT D EPARTMENT P LANNING D IVISION S TAFF R EPORT TO THE P LANNING C OMMISSION CPA-2024-0001 S TAFF R EPORT D ATE:March 7, 2024 H EARING D ATE AND L OCATION:March 14, 2024, beginning at 6:00 p.m., at Spokane Valley City Hall and remotely via Zoom. Project Number: CPA-2024-0001 Application Description:A request to change the land use designation and zoning for approximately 49.2 acres of Multi-Family Residential to 44 acres Mixed Use and 5.2 acres Single-Family Residential. Location:4418 E 8th Avenue; ParcelNumbers 35233.9191, 35233.9192, 35233.9176, 35233.0513, 35233.0709, 35233.0710, 35233.0604, 35233.0605, 35233.0606, 35233.0607, 35233.0608, 35233.0609, and 35233.0505; Section 23, Township 25 North, Range 43 East, Willamette Meridian, Spokane County, Washington Applicant:City of Spokane Valley Property Owner:Spokane Conservation District Date of Application: November13, 2023 Staff Contact:Levi Basinger,Associate Planner,(509)720-5332, lbasinger@spokanevalleywa.gov A PPROVAL C RITERIA: Spokane Valley Comprehensive Plan, Title 17 Spokane Valley Municipal Code (SVMC) General Provisions, Title 19 SVMC Zoning Regulations, and Title 21 SVMC Environmental Controls. A TTACHMENTS: Exhibit 1:ExistingComprehensive PlanMapExhibit 7:Environmental Determination Exhibit 2:ProposedComprehensive Plan MapExhibit 8:SEPA Checklist Exhibit 3:Existing ZoningExhibit 9:Notice of Public Hearing Exhibit 4:Proposed ZoningExhibit 10:Agency Comments Exhibit 5:Vicinity MapExhibit 11:Public Comments Exhibit 6:Aerial Map A.BACKGROUND INFORMATION P ROPERTY I NFORMATION The property consists of thirteen parcelstotaling 49.2acres, located Size and Characteristics: thth adjacent to 8 Avenue on its north and to 13 Avenue on its south. The northern portion of the site containsoffice buildingswith multiple tenants,and commercial accessory structures. The southern portion is largely undeveloped, forested, and contains steep slopes. Page 1 of 8 Staff ReportCPA-2024-0001 Comprehensive Plan:Multi-FamilyResidential (MFR) Multi-Family Residential (MFR) Zoning: Existing Use: Office, preschool,undeveloped parcels S URROUNDING C OMPREHENSIVE P LAN,Z ONING,AND L AND U SES Comprehensive Plan: Multi-Family Residential(MFR) North Zoning: MFR Uses: Single-family and multi-family residences Comprehensive Plan:Single-Family Residential (SFR) South Zoning: R-3 Uses: Single-family residences Comprehensive Plan: SFR, MFR East Zoning: R-3, MFR Uses: Schooldistrict facility, single-family and multi-family residences Comprehensive Plan: Residential Low(City of Spokane) West Zoning: R1 (City of Spokane) Uses: Single-family residences A PPLICATION P ROCESSING: Chapter 17.80 Permit Processing Procedures in the SVMC. The following summarizes key application procedures for the proposal. Application Submitted: November 13, 2023 SEPA DNSIssue date January5, 2024 End of Appeal Period for DNS: January 19, 2024 Date of Mailed Notice of Public HearingFebruary21, 2024 Date of Published Notice of Public Hearing: February23&March 1, 2024 UMMARY AND I MPLICATIONS OF PROPOSED AMENDMENT: S The City of Spokane Valley has a one-to-one relationship between most of its comprehensive plan designations and zoning districts. Only the Single Family Residential comprehensive plan designation has multiple implementing zoning districts. This means that all comprehensive plan map amendments require an amendment to the zoning map. In the case of this property, a comprehensive plan map change to Mixed Use (MU) also requires a zone change to MU, and the change to Single Family Residential (SFR) requires a zone change to an implementing single-family zoning district. In the case of this property, the implementing zoning district will match the adjacent R-3 zoning district. The current comprehensive plan designation and zoning of the site is Multi-Family Residential (MFR). The MFR zoneallows multifamily housing located near business and commercial centers, the arterial street system, and public transit. MFR zone also allows for office uses. The proposed amendment will change the comprehensive plan land use designation and zoning for the northern 44 acres of the site to Mixed Use (MU) and the southern 5.2 acres of the site to Single-Family Residential (SFR). If adopted, the MU zone would allow for a wider variety of uses including office, retail, lodging, multifamily, and community or cultural facilities. The MU zone allows for these uses to be mixed either vertically or horizontally. The R-3 zone would reduce the amount of allowed uses with an emphasis on single-family residential development similar toadjacent single-family residential lots. Page 2 of 8 Staff ReportCPA-2024-0001 B.FINDINGS AND CONCLUSIONS SPECIFIC TO SEPA 1.Findings: Pursuant to Title 21 SVMC, the lead agency has determined that theproposal does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Consistent with Title 21 SVMC, the City issued a Determination of Non-Significance (DNS) for the proposal on January 5, 2024.The determination was made after review of a completed environmental checklist, the application, Titles 19, 21, and 22SVMC, a site assessment, public and agency comments, the Comprehensive Plan and associatedEnvironmental Impact Statement. 2.Conclusion(s): The procedural requirements of the State Environmental Policy Act (SEPA) and Title 21 SVMC have beenfulfilled. C.FINDINGS AND CONCLUSIONS SPECIFIC TO THE COMPREHENSIVE PLAN AMENDMENT AND AREA-WIDE REZONE i.The City may approve Comprehensive Plan amendments and area-wide zone map amendments if it finds that compliance with the approval criteria in SVMC 17.80.140.H. a)The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; Analysis: The proposed amendment bears a substantial relationship to public health, safety, welfare, and protection of the environment. The proposal is a city- initiated map amendment that would allow for a broader range of uses on the northern portion of the property, which is accessed from 8th Avenue, a minor arterial. Mixed-Use (MU) provides economic opportunity by allowing for two or more different land uses within developments under this designation, including commercial uses not allowed in under the current Multi-Family Residential (MFR) designation. MU developments can be either vertical or horizontally mixed, and would include employment uses such as office, retail, and/or lodging along with higher density residential uses, and in some cases community or cultural facilities. The subject property was purchased by Spokane Conservation District (SCD) approximately 7 years ago. The property is forested and was previously used for excavation and storage of landscape materials. The SCDhas worked to enhance the forested portions of the property and built offices to support their operations. In addition, the SCD has for lease office space and a daycare onsite. SCD has expansion plans that include a Farmers' Market and other similar public-facing uses. All these uses would take place across the northern three parcels that are directly accessed from 8th Avenue. Allowing for a re- designation and rezone from MFR to MU would accommodate these future plans. In addition, the proposal recognizes that the southern portion of the property is adjacent to lower-intensity, single-family residential areas. Due to steep topography across the property, the southern portion of the property is disconnected from the northern portion fronting 8th Avenue and is more easily accessed from local access residential streets that include 13th and 14th Avenues. Changing the designation of the southern ten parcels from MFR to Page 3 of 8 Staff ReportCPA-2024-0001 Single-Family Residential (SFR) would reduce the potential for higher intensity uses adjacent to the existing low-density residential neighborhood. The southern portion of the subject property will be more closely integratedwith existing low-density residential neighborhoods and serve as a buffer from more intensive uses on the northern portion of the property. b)The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City’s adopted plan not affected by the amendment; Analysis:The Growth Management Act (GMA) adopts fourteen goals to guide the development of local comprehensive plans and development regulations. At a broad level encouraging efficient use of transportation infrastructure and promoting economic development meets those related GMA goals. c)The proposed amendment responds to a substantial change in conditions beyond the property owner’s control applicable to the area within which the subject property lies; Analysis:The proposed amendment is not in response to a change in conditions of the property beyond the property owner’s control. d)The proposed amendment corrects an obvious mapping error; or Analysis:The amendment is not in response to a mapping error and would not correct any error. e)The proposed amendment addresses an identified deficiency in the Comprehensive Plan. Analysis:The proposed amendment does address a need identified in the Comprehensive Plan. The Land Use Element of the Comprehensive Plan identifies priorities that include supporting neighborhood-scale development that enhances local community identity, supporting a mix of land uses, and allowing flexibility to apply innovative development approaches. In addition, the Economic Development Element of the Comprehensive Plan identifies priorities that include capitalizing on local outdoor recreation opportunities. In addition, the Natural Resources Element of the Comprehensive Plan identifies leveraging natural assets by minimizing impacts to critical areas as a priority for improving quality of life and attracting new business and residents. The proposed amendmentproposal addresses these needs and priorities. Additionally, the proposed comprehensive plan amendment is supported by the following Goals and Policies: ED-P6:Promote the development or redevelopment of vacant and underutilized properties, particularly those with potential to serve as a catalyst for economic development. ED-P12: Leverage community assets (e.g. trails, natural amenities, and facilities) to grow the local economy. LU-G1:Maintain and enhance the character and quality of life in Spokane Valley. LU-G2:Provide for land uses that are essential to Spokane Valley residents, employees, and visitors. LU-P1:Enable neighborhood-scale commercial uses in residential areas. LU-P5:Ensure compatibility between adjacent residential and commercial or industrial uses. LU-P6:Support neighborhood efforts to sustainably cultivate produce. LU-P7:Protect residential neighborhoods from incompatible land uses and adverse impacts associated with transportation corridors. Page 4 of 8 Staff ReportCPA-2024-0001 ii.The City must also consider the following factors prior to approving Comprehensive Plan amendments: a)The effect upon the physical environment; Analysis: The property is developed and disturbed. The current site is forested but is surrounded by developed areas on all sides. While the change to MU could increase the intensity of development on the northern portion of the property, the site is also characterized by steep slopes and containing a Special Flood Hazard Area (SFHA), which will limit the scale of development across the whole site. Due to the physical limitations of the property, the impact to the physical environment would likely be minimal. b)The effect on open space, streams, rivers, and lakes; Analysis: The site in question does not contain streams, rivers, or lakes, but a portion of the property is located in a Special Flood Hazard Area (SFHA) according to the adopted Flood Insurance Rate Map (FIRM). The property is also forested and includes steep terrain, which are considered to be geologically hazardous areas within the City’s criticalareas ordinance. The City’s critical areas ordinance and floodplain regulations will ensure adequate protection of the critical areas and the SFHA when future development occurs. c)The compatibility with and impact on adjacent land uses and surrounding neighborhoods; Analysis: The proposed amendment takes the surrounding land uses into consideration. Areas north and east of the site are designated MFR and allow for higher density residential development. One such multi-family residential development is under construction on the property immediately east of the site. One additional adjacent property to the east contains Spokane School District No. 81’s Instructional Technology Support Center (ITSC), located within a former elementary school. The ITSC no longer functions as a school but as a support facility for School District staff. Areas south and west of the site are characterized as low-density single-family residential uses, with land to the west being within the incorporated limits of the City of Spokane. While MU allows for a wide variety of uses, the presence of critical areas and physical characteristics of the site limit the scale and intensity of development across the entire property. To further protect the adjacent land uses to the west and south, the proposed map amendment would also change the designation of the southern portion of subject property to SFR. This would limit the scale of potential development and housing densities for this portion of the property to single-family residential uses, which is compatible with existing single-family properties to the west and south. d)The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; Analysis: Sewer, water, electricity, and other utilities are available to the site. The property is adjacent to the Spokane School District No. 81 ITSC, which is located in a former elementary school but no longer functions as a school. The site is approximately 0.6 of a mile from Frances Scott Elementary School and 0.9 miles from Underhill Park in the City of Spokane and 1.8 miles from Edgecliff Park inthe City of Spokane Valley. The impact of this development on the overall parks and recreation would be minimal and within the adopted LOS. Page 5 of 8 Staff ReportCPA-2024-0001 Impacts to the Spokane School District would be minimal there is no adopted LOS for schools. In regards the transportation network, 8th Avenue is designated as a minor arterial, the Comprehensive Plan identifies that 8th Avenue will be widened to a 3-lane cross section with curbs, sidewalks, bike lanes, and stormwater facilities. The forecast LOS for this stretch 8th Avenue maintains is “D” throughout the planning horizon within the adopted LOS. The impact of potential development under the MU zone would be minimal and within the adopted LOS. It should be noted that Havana Street is designated as a minor arterial according to the City of Spokane. The City of Spokane Valley shall communicate with the City of Spokane on all future development proposals. The parcel is adjacent to Spokane Transit Authority (STA) Route 94, which includes stops along 8th Avenue and provides 30-minute service frequencies along its route betweenDowntown Spokane and the City of Millwood. Route 94 provides connections with other transit routes at multiple points along its route, thus expanding transit access to the subject site from multiple points across the metropolitan area. The City of SpokaneValley shall communicate with STA to determine impacts to transit service resulting from future development proposals. e)The benefit to the neighborhood, City, and region; Analysis: The proposed amendment will provide a benefit to the neighborhood, City, and region by allowing for non-residential uses that enhance community identity and provide additional economic opportunities. This amendment will also allow property owners to apply innovative development approaches that will blend a mix of uses into the existing natural environment. Any future development proposal would protect critical areas onsite through the City of Spokane Valley’s critical areas ordinance and floodplain regulations, which will ensure onsite development does not create impacts to properties in the immediate vicinity those areas further afield. Overall, this amendment supports goals and policies within the City’s Land Use, Economic Development, and Natural Resources Elements of the Comprehensive Plan. f)The quantity and location of land planned for the proposed land use type and density and the demand for such land; Analysis: The location of the proposal and the physical attributes of the site are similar to other areas designated MU. Approximately 40-acres of land designated MU is located 0.3 of a mile to the east at the intersection of 8th Avenue and Carnahan Road. As described in the Comprehensive Plan, developments with the designation MU can be either vertical or horizontally mixed, and would include employment uses such as office, retail, and/or lodging along with higher density residential uses. Furthermore, areas to the north of the site are designated MFR, which also allows for higher density residential development and is compatible with areas zoned MU. The southern portion of the site to be designated SFR is consistent with existing single-family developments surround the site to its west and south. If future development is Page 6 of 8 Staff ReportCPA-2024-0001 proposed on the areas to be designated SFR, it would be at a scale and density compatible with the built environment to the west and south. g)The current and projected population density in the area; and Analysis: Across the entire city the proposed change would have little impact on population density. h)The effect upon other aspects of the Comprehensive Plan. Analysis: The proposed amendment has minimal to no effect on other aspects of the Comprehensive Plan. Conclusion(s): For the reasons outlined above the proposed amendment is consistent with SVMC 17.80.140(H). D.FINDINGS AND CONCLUSIONS SPECIFIC TO PUBLIC COMMENTS 1.Findings: Staff havereceived twopublic comments to date, which are included as Exhibit 11. Comments received following the date of this staff report will be provided to the Planning Commission at the March 14, 2024 meeting. DateName & AddressComment(s) Feb 26, 2024Kevin HeeWhat land uses are allowed in the MU zone? th 4403 E 14 Avenue What uses are proposed for the property? How is the current land use able to occurin the MFRzone? Feb 29, 2024Joey BainsInquiring what is happening on the subject property. 2.Conclusion(s): Notice of Public Hearing (NOPH) was published February 23 and March 1, 2024. The NOPH was posted on site on February 22, 2024 and mailedto property ownerswithin a 400 foot radius of the site on February 21, 2024. E.FINDINGS AND CONCLUSIONS SPECIFIC TO AGENCY COMMENTS 1.Findings: AgencyReceived CommentsComments Dated City of Spokane Valley Senior Traffic Engineer City of Spokane Valley Development Engineering City of Spokane Valley Building & Planning City of Spokane Valley Parks & Recreation Spokane Valley Fire Department City of Millwood City of Liberty Lake City of Spokane City of Spokane Valley Police Department Spokane County, Building and Planning Spokane County, Wastewater System DivisionYes 1-16-24 Spokane County, Clean Air Agency Page 7 of 8 Staff ReportCPA-2024-0001 Spokane County, Fire District No. 1 Spokane County, Fire District No. 8 Spokane County Regional Health District Spokane Regional Clean Air Agency Spokane Aquifer Joint Board Spokane Transit Authority (STA) Spokane Regional Transportation Council (SRTC) Washington State Dept of Commerce Washington State Dept of Ecology (Olympia) Washington State Dept of Ecology (Spokane) Washington State Dept of Fish & Wildlife Washington State Dept of Natural Resources Washington State Dept of Transportation Washington State Parks & Recreation Commission WA Archaeological & Historic Preservation Avista Utilities Inland Power & Light Modern Electric Water Company Conoco Phillips (Yellowstone Pipeline)Yes1-04-24 Central Valley School District #356 East Valley School District #361 West Valley School District #363 Century Link Comcast Model Irrigation District #18 Consolidated Irrigation District #19 East Spokane Water District #1 Vera Water & Power Spokane County Water District #3 Spokane Tribe of IndiansYes1-08-24 2.Conclusion(s): No concerns are noted. F. CONCLUSION: For the reasons set forth in Section C above, the proposed amendment toamend the Comprehensive Plan and adopt the area-wide rezone to change the land use designation and zoning to of parcels 35233.9176, 35233.9191, and 35233.9192 to MU and parcels35233.0505, 35233.0513,35233.0604, 35233.0605, 35233.0606, 35233.0607,35233.0608, 35233.0609,35233.0709, and 35233.0710 to SFRcomplieswith the requirements of SVMC 17.80.140(H) and the Comprehensive Plan. Page 8 of 8 Fdpopnjd!EfwfmpqnfouEfqbsunfou OPUJDF!PG!QVCMJD!IFBSJOH Ifbsjoh!Ebuf!! Qvstvbou!up!Tqplbof!Wbmmfz!Nvojdjqbm!Dpef!)TWND*!28/91/231-!Opujdf!pg!Qvcmjd!Ifbsjoh-!uif!Qmboojoh! Ejwjtjpo!jt!tfoejoh!opujdf!pg!b!qvcmjd!ifbsjoh!up!bmm!qspqfsuz!pxofst!xjuijo!511!gffu!pg!qspkfdu!ovncfs! DQB.3135.12/!Uif!qvcmjd!ifbsjoh!gps!uijt!qspkfdu!jt!tdifevmfe!gps!Uivstebz-!Nbsdi!25-!3135!cfhjoojoh! bu!7;11!q/n/-ps!bt!tppo!uifsfbgufs!bt!dbo!cf!ifbse-!bu!Tqplbof!Wbmmfz!Djuz!Ibmm-!21321!F!Tqsbhvf!Bwf-! Tqplbof!Wbmmfz-!XB!::317/ Nffujoh!Efubjmt;!Uif!ifbsjoh!xjmm!cf!dpoevdufe!jo!qfstpo-!xjui!uif!pqujpo!up!buufoe!sfnpufmz!vtjoh!xfc! boe!ufmfqipof!dpogfsfodf!uppmt/!B!mjol!up!uif!\[ppn!nffujoh!xjmm!cf!qspwjefe!po!uif!bhfoeb!boe!qptufe!up! uif!Djuz“t!xfcqbhf;!xxx/tqplbofwbmmfzxb/hpw03120qmboojoh.dpnnjttjpo/ Qspkfdu!Jogpsnbujpo Qspkfdu!Ovncfs;!!DQB.3135.1112 Bqqmjdbujpo!B!sfrvftu!up!dibohf!uif!mboe!vtf!eftjhobujpo!boe!{pojoh!gps!bqqspyjnbufmz! Eftdsjqujpo;5:/3!bdsft!pg!Nvmuj.Gbnjmz!Sftjefoujbm!up!55!bdsft!pg!Njyfe!Vtf!boe!up!6/3 bdsft!pg!Tjohmf.Gbnjmz!Sftjefoujbm/! Mpdbujpo;5529!F!9ui!Bwfovf<!Qbsdfm!Ovncfst!46344/:2:2-!46344/:2:3-!46344/:287-! 46344/1624-!46344/181:-!46344/1821-!46344/1715-!46344/1716-! 46344/1717-!46344/1718-!46344/1719-!46344/171:-!boe!46344/1616<! Tfdujpo!34-!Upxotijq!36!Opsui-!Sbohf!54!Fbtu-!Xjmmbnfuuf!Nfsjejbo-! Tqplbof!Dpvouz-!Xbtijohupo/! Bqqmjdbou;Djuz!pg!Tqplbof!Wbmmfz Pxofs;!Tqplbof!Dpotfswbujpo!Ejtusjdu Tubgg!Dpoubdu;Mfwj!Cbtjohfs-Bttpdjbuf!Qmboofs<21321!FbtuTqsbhvf!Bwfovf-!Tqplbof! Wbmmfz-!XB!!::317<!qipof;!)61:*831.6443<!fnbjm;! mcbtjohfsAtqplbofwbmmfzxb/hpw Ifbsjoh!Qspdftt!boe!Bqqfbmt Uif!Qmboojoh!Dpnnjttjpo!xjmm!dpoevdu!uif!ifbsjoh!qvstvbou!up!uif!svmft!pg!qspdfevsf!bepqufe!jo!TWND! Ujumf!29!)Cpbset!boe!Bvuipsjujft*/!Uif!Qmboojoh!Dpnnjttjpo!xjmm!gpsxbse!b!sfdpnnfoebujpo!po!uif! sfrvftu!up!uif!Tqplbof!Wbmmfz!Djuz!Dpvodjm/! QspwjejohDpnnfout! Uif!qvcmjd!jt!fodpvsbhfe!up!qspwjef!dpnnfou!jo!qfstpo!bu!uif!ifbsjoh-!ps!up!tvcnju!xsjuufo!dpnnfout!qsjps! up!uif!ifbsjoh!cz!tfoejoh!uif!dpnnfout!up!Mfwj!Cbtjohfs-!21321!F!Tqsbhvf!Bwf-!Tqplbof!Wbmmfz-!XB! ::317-!ps!fnbjm!up!mcbtjohfsAtqplbofwbmmfzxb/hpw/!Dpnnfout!xjmm!offe!up!cf!tvcnjuufe!op!mbufs!uibo! 5;11!QN!po!Nbsdi!25-!3135jo!psefs!gps!uifn!up!cf!sfdfjwfe!boe!qsfqbsfe!gps!tvcnjttjpo!joup!uif!sfdpse/! Dpnnfout!sfdfjwfe!xjmm!cf!foufsfe!joup!uif!sfdpse!bu!uif!ujnf!pg!uif!qvcmjd!qbsujdjqbujpo!qpsujpo!pg!uif! Qvcmjd!Ifbsjoh/!Dpnnfout!sfdfjwfe!uispvhi!VT!Nbjm!xjmm!cf!jodmvefe!jg!uifz!bsf!sfdfjwfe!qsjps!up!uif! ifbsjoh/! Bmm!joufsftufe!qfstpot!nbz!uftujgz!bu!uif!qvcmjd!ifbsjoh!jo!qfstpo!ps!wjb!uif!{ppn!nffujoh!beesftt!boe0ps! qipof!ovncfs/!!Joufsftufe!qfstpot!xjmm!offe!up!tjho!vq!wjb!\[PPN!up!tqfbl!op!mbufs!uibo!5;11!q/n/!po!Nbsdi 25-!3135bu!uif!mjol!qspwjefe!jo!uif!bhfoeb!qptufe!bu!uif!mjol!sfgfsfodfe!bcpwf/!Vtf!uif!mjol!bcpwf!up!tjho! vq!gps!psbm!qvcmjd!dpnnfout/!Uif!mjol!xjmm!ejsfdu!zpv!up!ejsfdujpot!up!tjho!vq!gps!psbm!qvcmjd!dpnnfout/! Uijt!jt!opu!bo!pqqpsuvojuz!gps!rvftujpot!ps!ejtdvttjpo/!Sfnbslt!xjmm!cf!mjnjufe!up!uisff!njovuft!qfs!qfstpo/! Xsjuufo!dpnnfout!boe!epdvnfout!nbz!pomz!cf!tvcnjuufe!qsjps!up!uif!ifbsjoh/!!! Fowjsponfoubm!Efufsnjobujpo! Qvstvbou!up!Ujumf!32-!Fowjsponfoubm!Dpouspmt!pg!uif!Tqplbof!Wbmmfz!Nvojdjqbm!Dpef!)TWND*-!uif!mfbe! bhfodz!ibt!efufsnjofe!uibu!ju!epft!opu!ibwf!b!qspcbcmf!tjhojgjdbou!bewfstf!jnqbdu!po!uif!fowjsponfou/!B! Efufsnjobujpo!pg!Opo.Tjhojgjdbodf!xbtjttvfe!voefs!Xbtijohupo!Benjojtusbujwf!Dpef!)XBD*!2:8.22. 451)3*!po!Kbovbsz!6-!3135/Uif!bqqfbmqfsjpe!gps!uif!efufsnjobujpo!foefe!Kbovbsz!2:-!3135/! Tubgg!Sfqpsu!boe!Jotqfdujpo!pg!Gjmf! B!tubgg!sfqpsu!xjmm!cf!bwbjmbcmf!gps!jotqfdujpo!tfwfo!)8*!dbmfoebs!ebzt!cfgpsf!uif!ifbsjoh/!Uif!tubgg!sfqpsu! boe!puifs!bttpdjbufe!epdvnfout!nbz!cf!jotqfdufe!cz!tfbsdijoh!voefs!”Dvssfou!Bhfoeb•!bu!uijt!xfc!beesftt; xxx/tqplbofwbmmfzxb/hpw03130qmboojoh.dpnnjttjpo/Jg!zpv!ibwf!boz!rvftujpot-!qmfbtf!dpoubdu!Mfwj! Cbtjohfs-!bu!)61:*!831.6443!ps!mcbtjohfsAtqplbofwbmmfzxb/hpw/ DQB.3135.1112!Opujdf!pg!Qvcmjd!Ifbsjoh!Qbhf!3!pg!3 T qplbof!Usjcf!pg!Joejbot Usjcbm!Ijtupsjd!Qsftfswbujpo!Pggjdfs QP!Cpy!211!Xfmmqjoju!XB!::151 Kbovbsz!9-!3135! Up;!Mfwjf!Cbtjohfs-!Qmboofs! SF;Gjmf!Op/!DQB.3135.12!boe!DQB.3135.13! Ns/!Cbtjohfs-! Uibol!zpv!gpsdpoubdujoh!uif!Usjcf“t!Ijtupsjd!Qsftfswbujpo!Pggjdf/!Xf!bqqsfdjbufuif! pqqpsuvojuz!up!qspwjef!b!dvmuvsbm!dpotvmu!gps!zpvs!qspkfdu/!Uif!joufou!pg!uijt!qspdftt!jt!up! qsftfswf!boe!qspufdu!bmm!dvmuvsbm!sftpvsdft!xifofwfs!qspufdujpo!jt!gfbtjcmf/ Uijt!pggjdf!ibt!op!dpodfsot!pg!uif!Djuz!jttvjoh!b!)EOT*!gps!uif!boovbm!Bnfoenfout!up! uif!dpnqsfifotjwf!qmbo!gps!DQB.3135.12!boe!DQB!3135.13!ipxfwfs!podf!uif!sfrvftu! ibt!dibohf!gspn!{pojoh!up!nvmujgbnjmz!pvs!bsdijwf!sftfbsdi!uiftf!uxp!qspkfdut!ibwfb ijhi!qspcbcjmjuz!pg!fodpvoufsjoh!dvmuvsbm!sftpvsdft!xjuijo!uif!qspqptfe!qspkfdu!bsfb-! Sfdpnnfoebujpo;!Bsdibfpmphjdbm!tvswfz!gps!bmm!hspvoe!ejtuvscjoh!bdujwjuz!boe Jobewfsufou!Ejtdpwfsz!qmbo!jnqmfnfoufe!jo!uif!tdpqf!pg!xpsl!qmbo/!! Ipxfwfs-!jg!boz!bsujgbdut!ps!ivnbo!sfnbjot!bsf!gpvoe!vqpo!fydbwbujpo!bdujwjuz!uijt! pggjdf!jt!up!cf!opujgjfe!boe!uif!jnnfejbuf!bsfb!dfbtf/! Tipvme!beejujpobm!jogpsnbujpo!cfdpnf!bwbjmbcmf-!ps!tdpqf!pg!xpsl!dibohf!pvs!bttfttnfou! nbz!cf!sfwjtfe/!Bhbjo-!uibol!zpv!gps!uijt!pqqpsuvojuz!up!dpnnfou!boe!dpotjefs!uijt!b! qptjujwf!bdujpo!uibu!xjmm!bttjtu!vt!jo!qspufdujoh!pvs!tisfe!ifsjubhf/!! Jg!rvftujpot!bsjtf-!qmfbtf!dpoubdu!nf!bu!)61:*!369!—!5333/! Tjodfsfmz- Sboez!Bcsbibntpo! Usjcbm!Ijtupsjd!Qsftfswbujpo!Pggjdfs 1 PROJECT COMMENT TRANSMITTAL To lbasinger@spokanevalleywa.gov From: Dawn Dompier Date: 01-16-2024 Planning Number Name Parent Parcels Project Type CPA-24-01 SEPA DETERMINATION FOR 35233.9191, SEPA 2024 COMP PLAN 35233.9192, AMENDMENT (VALLEY)35233.9176, 35233.0513, 35233.0709, 35233.0710, 35233.0604, 35233.0605, 35233.0606, 35233.0607, 35233.0608, 35233.0609, 35233.0505 General Sanitary Sewer Links Sewer Plan Submittal: To submit a sewer plan for review, please follow this link: Sewer Plan Submittal If your project requires a sewer plan submittal, please refer to the requirements here: o Development Plan Review Checklist Additional General Commercial Sewer information can be found here: o General Commercial Sewer Info | Water Usage Estimate Form o Sewer Planning and Design webpage: Sewer Planning & Design Pretreatment IF GREASE PRODUCING STATUS IS NOT KNOWN: o Pretreatment review is required for your business or project. Please complete and return the “Commercial Pretreatment Questionnaire” located at: www.spokanecounty.org/FOG. Additionally, pretreatment requirements under our Industrial Pretreatment Program may apply to your business or project, for more information, please visit: www.spokanecounty.org/IPP. IF FACILITY IS ALREADY KNOWN TO NEED GREASE CONTROL (FOOD SERVICE ONLY): o Pretreatment review is required for your business or project. Please complete the “GCD Sizing & Permitting Checklist,” located at: www.spokanecounty.org/FOG and email to: ESPretreatment@spokanecounty.org. Additionally, pretreatment requirements under our Industrial Pretreatment Program may apply to your business or project, for more information, please visit: www.spokanecounty.org/IPP. IF FACILITY IS ALREADY KNOWN TO NEED GREASE CONTROL (OIL-WATER SEPARATORS ONLY): o Pretreatment review is required for your business or project. Please visit www.spokanecounty.org/FOG to download the “OWS Sizing” and “OWS Fact Sheet” for guidance on oil-water separators. Additionally, pretreatment requirements under our Industrial Pretreatment Program may apply to your business or project, for more information, please visit: www.spokanecounty.org/IPP PROJECT-SPECIFIC COMMENTS START ON PAGE 2 The Spokane County Public Works Wastewater FA01System Division has no objection to the finalization of No comment for SEPA Determination the above mentioned project. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 30, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing informationadmin. reportpending legislationexecutive session AGENDA ITEM TITLE: First Reading Ordinance 24-008–2024ZoningMap Amendment. GOVERNING LEGISLATION: RCW 36.70A, SVMC 17.80.140 and 19.30.010 PREVIOUS COUNCIL ACTION TAKEN: On December 19, 2023, the City Council approved the 2024 Comprehensive Plan Amendment Docket. On April 16, 2024, Council gave consensus to prepare Ordinance 24-008 for a first reading. BACKGROUND: The GMA (Growth Management Act) allows local jurisdictions to consider amendments to their Comprehensive Plans once each year. The City codified this process in Section 17.80.140 of the Spokane Valley Municipal Code (SVMC). Consistent with the SVMC, staff published notice advising the public of the annual amendment process and that the City would accept applications for the 2024 cycle through November 14, 2023. On December 19, 2023, the City Council approved the 2024 Docket. The Docket included two site specific map amendments to the Comprehensive Plan, file no. CPA-2024-01 and CPA-2024-02. On January 5, 2024, the City issued Determinations of Non-significance (DNS) for the proposed comprehensive plan amendments pursuant to Title 21, Environmental Controls of the SVMC. On February 23 and March 1, 2024, notice for a public hearing on the proposed amendments was placed in the Spokane Valley News Herald. On February 22, 2024, the sites subject to an amendment were posted with a “Notice of Public Hearing” sign with a description of the proposal and information on the public hearing. On February 21, 2024, a notice of public hearing was mailed to property owners within 400 feet of the proposed amendment sites. On February 8 and 22, 2024, the Planning Commission held study sessions on the proposed 2024 Comprehensive Plan amendments. A public hearing on the proposed amendments was held March 14, 2024. Following the public hearing, the Planning Commission deliberated on the proposed amendments. On March 28, 2024, the Planning Commission voted to recommend that the City Council approve CPA- 2024-01 and deny CPA-2024-02. On April 16, 2024, an Administrative Report was presented to City Council. The Council agreed by consensus to have the proposed Ordinance 24-008 presented for first reading. The Ordinance under consideration identifies the findings to approve proposed amendment file no. CPA-2024-01, consistent with the Comprehensive Plan goals and policies, the GMA, and the SVMC. The purpose Ordinance 24- 008 is to amend the Official City Zoning Map as described in CPA-2024-01 The Governance Manual for City Council provides that Council will not take public comment on items that have already had a public hearing. As noted above the Planning Commission held a duly notice public hearing on the proposed Comprehensive Plan amendment. OPTIONS: Move to advance Ordinance No. 24-008 to a second reading, with or without amendments. RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 24-008 to a second reading as proposed. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Levi Basinger, Planner ___________________________________________________________________________ ATTACHMENTS: 1. Draft Ordinance 24-008 Draft CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 24-008 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN CPA-2024-01; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City of Spokane Valley (City) adopted the Spokane Valley Municipal Code (SVMC) and the Official City Zoning Map pursuant to Ordinance No. 16-018, on December 13, 2016 (the Official City Zoning Map); and WHEREAS, comprehensive plans may be amended annually pursuant to RCW 36.70A.130 of the Growth Management Act (GMA); and WHEREAS, amendments to the City’s Comprehensive Plan may be initiated by the Planning Commission (Commission), the City Council (Council), citizens, or by the Community and Public Works Director based on citizen requests or when changed conditions warrant adjustments; and WHEREAS, the GMA requires comprehensive plans to be implemented with development regulations, including the zoning of all properties in the City that are consistent with land use map designations; and WHEREAS, the City adopted Public Participation Guidelines to direct the public involvement process for adopting and amending comprehensive plans; and WHEREAS, the Spokane Valley Municipal Code (SVMC) provides that amendment applications shall be received prior to November 1 of each year; and WHEREAS, applications were submitted by the applicant, owner, or by City staff to amend the Comprehensive Plan and Zoning Map for the purpose of beneficially using the property described herein; and WHEREAS, on December 19, 2023, City Council approved the 2024 Comprehensive Plan Amendment Docket, which included CPA-2024-01; and WHEREAS, pursuant to the State Environmental Protection Act chapter 43.21C RCW (SEPA) and chapter 21.20 SVMC, staff conducted an environmental review to determine the potential environmental impacts from the proposed amendment; and WHEREAS, on January 5, 2024, after reviewing the environmental checklists, staff issued a Determination of Non-Significance (DNS) for the proposal, published the DNS in the Valley News Herald, and where appropriate posted the DNS on site and mailed the DNS to all affected public agencies; and WHEREAS, on December 20, 2023, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106 of the City’s intent to adopt amendments to the Comprehensive Plan; and WHEREAS, on February 8 and 22, 2024, the Planning Commission conducted two study sessions to review the proposed amendments; and WHEREAS, on February 23 and March 1, 2024, notice of the Commission public hearing was published in the Valley News Herald the City’s official newspaper; and Ordinance 24-008: 2024 Zoning Map Amendments Page 1 of 7 Draft WHEREAS, on February 21, 2024, notice of the Commission hearing was mailed to all property owners within 400 feet of the subject property; and WHEREAS, on February 22, 2024, notice of the Commission hearing had been posted on the subject property; and WHEREAS, on March 14, 2024, the Commission received evidence, information, public testimony, and a staff report and recommendation at a public hearing; and WHEREAS, on March 14, 2024, the Commission deliberated and voted to forward CPA-2024-01 to Council with a recommendation for approval, with written findings of fact setting forth the bases for such recommendations to Council; and WHEREAS, on April 16, 2024, Council conducted a briefing to review the proposed amendments; and WHEREAS, on April 16, 2024, Council concurred to place CPA-2024-01 in an ordinance for consideration of approval; and WHEREAS, on April 30, 2024, Council considered a first ordinance reading to approve CPA-2024-01; and NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows: Section 1. Purpose. The purpose of this Ordinance is to amend the Official City Zoning Map as described in CPA-2024-01. Section 2. Findings. Council acknowledges that the Commission conducted appropriate investigation and study and held a public hearing on the proposed amendments to the Official City Zoning Map. Council has considered the Commission’s findings. Council makes and adopts findings specific to the Zoning Map amendment as set forth in Section 4 below. The Council hereby makes and adopts the following findings for CPA-2024-01: General Findings: 1. 1. Pursuant to chapter 43.21C RCW (SEPA), environmental checklists were required for the proposed Comprehensive Plan amendment. 2. Staff reviewed the environmental checklists and a threshold determination was made for the proposed Comprehensive Plan amendment. 3. On January 5, 2024, Determination of Non-Significance (DNS) was issued for the proposed Comprehensive Plan amendment. 4. On January 5, 2024, the DNS was published in the City’s official newspaper, the Valley News Herald, pursuant to chapter 21.20 SVMC. 5. The procedural requirements of SEPA and Title 21 SVMC have been fulfilled. 6. On December 20, 2023, the Washington State Department of Commerce was provided a notice of intent to adopt amendments to the Comprehensive Plan. Ordinance 24-008: 2024 Zoning Map Amendments Page 2 of 7 Draft 7. On February 21, 2024, individual notices of public hearing for the proposed site-specific map amendments were mailed to all property owners within 400 feet of the affected site. 8. On February 22, 2024, the site subject to a proposed site-specific amendment was posted with a “Notice of Public Hearing” sign, with a description of the proposal. 9. On February 23 and March 1, 2024, notice of the Commission public hearing was published in the Valley News Herald. 10. The procedural requirements in SVMC 17.80.140 for the amendment process, including public participation, notice, and public hearing requirements have been met. 11. On March 14, 2024, the Commission held a public hearing on the proposed Comprehensive Plan amendment. After receiving public testimony, the public hearing was closed. 12. On March 14, 2024, the Commission deliberated and voted to forward CPA-2024-01 to Council with a recommendation for approval. 13. The Commission adopted findings for CPA-2024-01. Such findings were presented to Council. Specific findings adopted and made by City Council for the Comprehensive Plan Amendment request are contained in Section 4, below. 14. The Commission and Council have reviewed the proposed amendments concurrently to evaluate the cumulative impacts. The review was consistent with the annual amendment process pursuant to SVMC 17.80.140 and chapter 36.70A RCW. 15. The proposed amendments to the Comprehensive Plan are consistent with GMA and do not result in internal inconsistencies within the Comprehensive Plan itself. Section 3. Property. The property subject to this Ordinance is described in Attachment "A” (2024 Official City Zoning Map Amendments). Section 4. Map Amendments. Pursuant to RCW 36.70A.130, the Official City Zoning Map is hereby amended as set forth below and in Attachment "A” (Maps). The Zoning Map amendment is described as follows: Map Amendments: File No. CPA-2024-01: Proposal: A request to change the land use designation and zoning for approximately 49.2 acres of Multi- Family Residential to 44 acres Mixed Use and 5.2 acres Single-Family Residential. Applicant: City of Spokane Valley Amendment Location: 4418 E 8th Avenue; Parcel Numbers 35233.9191, 35233.9192, 35233.9176, 35233.0513, 35233.0709, 35233.0710, 35233.0604, 35233.0605, 35233.0606, 35233.0607, 35233.0608, 35233.0609, and 35233.0505; Section 23, Township 25 North, Range 43 East, Willamette Meridian, Spokane County, Washington. Council adopts and makes the following Findings for CPA-2024-01: 1. The proposed amendment to change the designation for 49.2 acres from Multi-Family Residential (MFR) to 44 acres Mixed Use (MU) and 5.2 acres Single-Family Residential (SFR) bears a substantial relationship to the public health, safety, welfare, and protection of the environment. Ordinance 24-008: 2024 Zoning Map Amendments Page 3 of 7 Draft 2. The proposal is a city-initiated map amendment that would allow for a broader range of uses on the northern portion of the property, which is accessed from 8th Avenue, a minor arterial. Mixed-Use (MU) provides economic opportunity by allowing for two or more different land uses within developments under this designation, including commercial uses not allowed under the current Multi-Family Residential (MFR) designation. MU developments can be either vertical or horizontally mixed, and could include employment uses such as office, retail, and/or lodging along with higher density residential uses, and in some cases community or cultural facilities. The subject property was purchased by Spokane Conservation District (SCD) approximately 7 years ago. The property is forested and was previously used for excavation and storage of landscape materials. The SCD has worked to enhance the forested portions of the property and built offices to support their operations. In addition, the SCD has for lease office space and a daycare onsite. SCD has expansion plans that include a farmers' market and other similar public-facing uses. All these uses would take place across the northern three parcels that are directly accessed from 8th Avenue. Allowing for a re-designation and rezone from MFR to MU would accommodate these future plans. In addition, the proposal recognizes that the southern portion of the property is adjacent to lower-intensity, single-family residential areas. Due to steep topography across the property, the southern portion of the property is disconnected from the northern portion fronting 8th Avenue and is more easily accessed from local access residential streets that include 13th and 14th Avenues. Changing the designation of the southern ten parcels from MFR to Single- Family Residential (SFR) would reduce the potential for higher intensity uses adjacent to the existing low-density residential neighborhood. The southern portion of the subject property will be more closely integrated with existing low-density residential neighborhoods and serve as a buffer from more intensive uses on the northern portion of the property. 3. The Growth Management Act (GMA) adopts fourteen goals to guide the development of local comprehensive plans and development regulations. At a broad level encouraging efficient use of transportation infrastructure and promoting economic development meets those related GMA goals. 4. The proposed amendment does not respond to a substantial change in conditions beyond the property owner’s control applicable to the area within which the subject property lies. 5. The proposed amendment is not in response to or corrects an obvious mapping error. 6. The proposed amendment does address a need identified in the Comprehensive Plan. The Land Use Element of the Comprehensive Plan identifies priorities that include supporting neighborhood-scale development that enhances local community identity, supporting a mix of land uses, and allowing flexibility to apply innovative development approaches. In addition, the Economic Development Element of the Comprehensive Plan identifies priorities that include capitalizing on local outdoor recreation opportunities. In addition, the Natural Resources Element of the Comprehensive Plan identifies leveraging natural assets by minimizing impacts to critical areas as a priority for improving quality of life and attracting new business and residents. The proposed amendment proposal addresses these needs and priorities. Additionally, the proposed comprehensive plan amendment is supported by the following Goals and Policies: ED-P6: Promote the development or redevelopment of vacant and underutilized properties, particularly those with potential to serve as a catalyst for economic development. ED-P12: Leverage community assets (e.g. trails, natural amenities, and facilities) to grow the local economy. LU-G1: Maintain and enhance the character and quality of life in Spokane Valley. LU-G2: Provide for land uses that are essential to Spokane Valley residents, employees, and visitors. LU-P1: Enable neighborhood-scale commercial uses in residential areas. Ordinance 24-008: 2024 Zoning Map Amendments Page 4 of 7 Draft LU-P5: Ensure compatibility between adjacent residential and commercial or industrial uses. LU-P6: Support neighborhood efforts to sustainably cultivate produce. LU-P7: Protect residential neighborhoods from incompatible land uses and adverse impacts associated with transportation corridors. 7. The property is developed and disturbed. The current site is forested but is surrounded by developed areas on all sides. While the change to MU could increase the intensity of development on the northern portion of the property, the site is also characterized by steep slopes and a Special Flood Hazard Area (SFHA), which will limit the scale of development across the whole site. Due to the physical limitations of the property, the impact to the physical environment would likely be minimal. All future development will be subject to the City’s floodplain regulations. 8. The site in question does not contain streams, rivers, or lakes, but a portion of the property is located in a Special Flood Hazard Area (SFHA) according to the adopted Flood Insurance Rate Map (FIRM). The property is also forested and includes steep terrain, which are considered to be geologically hazardous areas within the City’s critical areas ordinance. The City’s critical areas ordinance and floodplain regulations will ensure adequate protection of the critical areas and the SFHA when future development occurs. 9. The proposed amendment takes the surrounding land uses into consideration. Areas north and east of the site are designated MFR and allow for higher density residential development. One such multi-family residential development is under construction on the property immediately east of the site. One additional adjacent property to the east contains the Spokane School District No. 81 Instructional Technology Support Center (ITSC), located within a former elementary school. The ITSC no longer functions as a school but as a support facility for School District staff. Areas south and west of the site are characterized as low-density single-family residential uses, with land to the west being within the incorporated limits of the City of Spokane. While MU allows for a wide variety of uses, the presence of critical areas and physical characteristics of the site limit the scale and intensity of development across the entire property. To further protect the adjacent land uses to the west and south, the proposed map amendment would also change the designation of the southern portion of subject property to SFR. This would limit the scale of potential development and housing densities for this portion of the property to single-family residential uses, which is compatible with existing single-family properties to the west and south. 10. Sewer, water, electricity, and other utilities are available to the site. The property is adjacent to Spokane School District No. 81 ITSC, which is located in a former elementary school but no longer functions as a school. The site is approximately 0.6 of a mile from Frances Scott Elementary School and 0.9 miles from Underhill Park in the City of Spokane and 1.8 miles from Edgecliff Park in the City of Spokane Valley. The impact of this development on the overall parks and recreation would be minimal and within the adopted Level of Service (LOS). Impacts to the Spokane School District would be minimal. In regards the transportation network, 8th Avenue is designated as a minor arterial, the Comprehensive Plan identifies that 8th Avenue will be widened to a 3-lane cross section with curbs, sidewalks, bike lanes, and stormwater facilities. The forecasted LOS for this stretch of 8th Avenue maintains a “D” throughout the planning horizon within the adopted LOS. The impact of potential development under the MU zone would be minimal and within the adopted LOS. It should be noted that Havana Street is designated as a minor arterial according to the City of Spokane. The City of Spokane Valley shall communicate with the City of Spokane on all future development proposals. The parcel is adjacent to Spokane Transit Authority (STA) Route 94, which includes stops along 8th Avenue and provides 30-minute service frequencies along its route between Downtown Spokane and the City of Millwood. Route 94 provides connections with other transit routes at multiple points along its route, thus expanding transit Ordinance 24-008: 2024 Zoning Map Amendments Page 5 of 7 Draft access to the subject site from multiple points across the metropolitan area. The City of Spokane Valley shall communicate with STA to determine impacts to transit service resulting from future development proposals. 11. The proposed amendment will provide a benefit to the neighborhood, City, and region by allowing for non-residential uses that enhance community identity and provide additional economic opportunities. This amendment will also allow property owners to apply innovative development approaches that will blend a mix of uses into the existing natural environment. Any future development proposal would protect critical areas onsite through the City of Spokane Valley’s critical areas ordinance and floodplain regulations, which will ensure onsite development does not create impacts to properties in the immediate vicinity and those areas further afield. Overall, this amendment supports goals and policies within the City’s Land Use, Economic Development, and Natural Resources Elements of the Comprehensive Plan. 12. The location of the proposal and the physical attributes of the site are similar to other areas designated MU. Approximately 40-acres of land designated MU is located 0.3 of a mile to the east at the intersection of 8th Avenue and Carnahan Road. As described in the Comprehensive Plan, developments with the designation MU can be either vertical or horizontally mixed, and would include employment uses such as office, retail, and/or lodging along with higher density residential uses. Furthermore, areas to the north of the site are designated MFR, which also allows for higher density residential development and is compatible with areas zoned MU. The southern portion of the site to be designated SFR is consistent with existing single-family developments surround the site to its west and south. If future development is proposed on the areas to be designated SFR, it would be at a scale and density compatible with the built environment to the west and south. 13. Across the entire city the proposed change would have little impact on population density. 14. The proposal will not have an impact on other aspects of the Comprehensive Plan. 15. The criteria of SVMC 17.80.140(H) are met by the amendment. Council Decision: Change the designation for parcel numbers 35233.9191, 35233.9192, and 35233.9176, to Mixed Use (MU) and change the designation for parcel numbers 35233.0513, 35233.0709, 35233.0710, 35233.0604, 35233.0605, 35233.0606, 35233.0607, 35233.0608, 35233.0609, and 35233.0505 to Single- Family Residential (SFR). Section 5. Zoning Map/Official Controls. Pursuant to RCW 35A.63.100, for the purpose of regulating the use of land and to implement and give effect to the Comprehensive Plan, the City hereby amends the Official City Zoning Map as set forth in Attachment "A”. Section 6.Adoption of Other Laws. To the extent that any provision of the SVMC, or any other law, rule, or regulation referenced in the attached Zoning Map(s) is necessary or convenient to establish the validity, enforceability, or interpretation of the Zoning Map(s), then such provision of the SVMC, or other law, rule, or regulation is hereby adopted by reference. Section 7. Map - Copies on File-Administrative Action. The Zoning Map is maintained in the office of the City Clerk as well as the City Department of Community and Public Works. The City Manager or designee, following adoption of this Ordinance, is authorized to modify the Zoning Map in a manner consistent with this Ordinance, including correcting scrivener’s errors. Section 8. Liability. The express intent of the City is that the responsibility for compliance with the provisions of this Ordinance shall rest with the permit applicant and their agents. This Ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Ordinance 24-008: 2024 Zoning Map Amendments Page 6 of 7 Draft Section 9. Severability. If any section, sentence, clause, or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 10. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council this ____ day of May, 2024. ____________________________________ ATTEST: Pam Haley, Mayor __________________________________ Marci Patterson, City Clerk Approved as to form: _________________________________ Office of the City Attorney Date of Publication: _________________ Effective Date: ____________________ Ordinance 24-008: 2024 Zoning Map Amendments Page 7 of 7 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 30, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: Second Reading of Ordinance 24-005 Amending Section 18.20.030 and Appendix B of the Spokane Valley Municipal Code GOVERNING LEGISLATION: RCW 35A.12.120; RCW 35A.63.170; City Council Governance Manual PREVIOUS COUNCIL ACTION TAKEN: Consideration of Resolution 24-006 on 3-12-2024. Consideration of Ordinance 24-005 on 3-12-2024. Adoption of Resolution 24-006 on 4-16-2024. First Reading of Ordinance 24-005 on 4-23-2024. BACKGROUND: At the April 23, 2024 council meeting, Council approved the First Reading of Ordinance 24-005 Amending Section 18.20.030 and Appendix B of the Spokane Valley Municipal Code and prior to that, at the April 16, 2024, Council meeting, Council adopted Resolution 24-006 amending the City Council Governance Manual. The amendments were recommended by the Council Governance Committee and include the addition of Chapter 5. Chapter 5 defines the standards of conduct for Councilmembers and provides procedures for alleged violations to be investigated and presented to Council for action. These procedures include providing an accused Councilmember the opportunity to request a hearing before the City Hearing Examiner to contest an investigator’s findings and conclusions that the accused Councilmember engaged in conduct violating the standards of conduct. Due to the addition of Chapter 5 to the Governance Manual, section 18.20.030 of the Spokane Valley Municipal Code (“SVMC”) needs to be amended to provide the City Hearing Examiner with jurisdiction to preside over hearings contesting an investigator’s findings and conclusions of misconduct. Additionally, the City Hearing Examiner procedural rules, located in Appendix B of the SVMC, must be amended to include rules and procedures for such hearings. The rules and procedures currently in Appendix B are not appropriate for such hearings because they are designed for matters related to land use decisions of the City, not hearings to determine whether Councilmembers engaged in misconduct. This is the third time these proposed changes have been presented to Council. Council first considered Ordinance 24-005 during the March 12, 2024, Council meeting, the second was the First Reading of Ordinance 24-005 during the April 23, 2024, Council meeting. There is a slight modification to the Ordinance to reflect a correction in the table of contents. This modification will align the table of contents with the sections that appear in the Ordinance. The modification is noted in a redline version of the attached Ordinance. OPTIONS:(1)Adopt Ordinance 24-005, or (2) take other action as deemed appropriate. RECOMMENDED ACTION OR MOTION: I move to adopt Ordinance 24-005 Amending Section 18.20.030 and Appendix B of the Spokane Valley Municipal Code. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Kelly Konkright, City Attorney ATTACHMENTS: Ordinance 24-005 Amending Section 18.20.030 and Appendix B of the Spokane Valley Municipal Code CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 24-005 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING THE CITY COUNCIL GOVERNANCE MANUAL, SPOKANE VALLEY MUNICIPAL CODE SECTION 18.20.030 AND APPENDIX B RELATING TO ENFORCEMENT OF COUNCIL CONDUCT STANDARDS, HEARING EXAMINER AUTHORITY, AND PROCEDURAL RULES FOR HEARINGS BEFORE THE HEARING EXAMINER WHEREAS, the Council Governance Manual contains standards of conduct applicable to individual Councilmembers (hereinafter “Conduct Standards”); and WHEREAS, the Council Governance Manual provides that Councilmembers may submit complaints that another Councilmember violated the Conduct Standards, and identifies mandatory procedures for an independent third party to investigate said allegations before Council disciplines an accused Councilmember; and WHEREAS, the Council Governance Manual provides accused Councilmembers with the ability to demand a hearing before the City Hearing Examiner to contest the findings of the investigation; and WHEREAS, the current scope of the City Hearing Examiner’s authority as defined in the Spokane Valley Municipal Code does not include the authority to conduct a hearing to determine whether a Councilmember violated a Conduct Standard; and WHEREAS, RCW 35A.12.120 authorizes the Council to adopt and enforce rules governing Council conduct, andRCW 35A.63.170 authorizethe City to vest the City Hearing Examiner with the power to hear and decide appeals of administrative decisions or determinations; and WHEREAS, the City’s current rules of procedure for hearings before the Hearing Examiner identified in SVMC Appendix B were not designed for hearings to determine whether a Councilmember violated conduct standards; and WHEREAS, the proposed amendments to SVMC 18.20.030 and SVMC Appendix B are in the best interests of the health, safety, and welfare of the citizens of the City. Ordinance 24-005 Page 1 of 10 NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Purpose. The purpose of this Ordinance is to amend section 18.20.030 and Appendix B of the Spokane Valley Municipal Code (SVMC)to authorize and provide procedural rules for the City Hearing Examiner to conduct hearings requested under Chapter 5 of the Council Governance Manual to contest findings and conclusions that a Councilmember violated Conduct Standards. Section 2. Amendment. Section 18.20.030 is hereby amended as follows: 18.20.030 Powers and duties. A. The hearing examiner shall be under the administrative supervision of the city manager. B. The hearing examiner shall have the following powers and duties: 1. Annually provide a written report to the city manager or designee and city council that states the number and type of hearings conducted and decisions issued during the past year, the outcome of such decisions, recommendations for improving the hearing examiner system, and pertinent observations and recommendations regarding land use policies and development regulations. 2. Upon request, meet with the city manager or designee or city council to discuss the written report. 3. Receive and examine available information, make site visits, take official notice of matters, conduct public hearings, prepare a record thereof, and enter findings, decisions, or recommendations. 4. As a part of the conduct of public hearings, the hearing examiner shall have the authority to: a. Conduct pre-hearing conferences; b. Require the submittal of information; c. Schedule and continue hearings; d. Rule on all evidentiary and procedural matters, including motions and objections appropriate to the proceedings; e. Receive evidence and cause preparation of the record; f. Regulate the course of hearings and the conduct of the parties and their agents; Ordinance 24-005 Page 2 of 10 g. Maintain order during the hearing process; h. Render decisions and issue written findings and conclusions; i. Include in a decision the conditions of approval necessary to ensure that the application complies with the applicable criteria for its approval; and j. Revoke any approval for failure to comply with the conditions imposed by the hearing examiner where specifically authorized by the SVMC or state law. 5. The hearing examiner shall hear the following matters: a. Variances; b. Conditional use permits; c. Special use permits; d. Shoreline letter of exemption appeals; e. Preliminary plats; f. Appeals from any administrative decision of the department of community and public works or the building official in the administration or enforcement of Chapter 7.05 SVMC and Title 17 through 24 SVMC and any other land use code or regulation; g. Appeals on State Environmental Policy Act (SEPA) determinations; h. Site-specific zone changes of property, including any environmental determination (under SEPA); and i. Hearings requested under Chapter 5 of the Council Governance Manual contesting findings and conclusions that a Councilmember violated the Council Conduct Standards enumerated in said Governance Manual. j.i. Any other applications or appeals that the city council may refer by motion or ordinance, specifically declaring whether the decision of the hearing examiner is a final decision or may be appealed to the city council. 6. All hearings before the hearing examiner shall be scheduled and conducted in the manner set forth in Appendix B. 7. Hearing Examiner decisions shall be given the effect of a final decision of the legislative body, except for rezones and where otherwise specified by City Council or the applicable SVMC. Ordinance 24-005 Page 3 of 10 8. Appeals of any decision of the hearing examiner, other than decisions that a Councilmember violated the Council Conduct Standards, shall be as is set forth in Chapter 17.90 SVMC. A Hearing Examiner decision that a Councilmember violated the Council Conduct Standards may only be appealed to the Washington Superior Court as set forth in Chapter 5, Section D.5 of the Council’s Governance Manual. Section 3. Amendment. Chapter 1, Section B ofAppendix B SVMC is amended as follows: B. Jurisdiction. The scope of the Hearing Examiner’s jurisdiction is set forth in RCW 35A.63.170 and chapter 18.20 SVMC. The Hearing Examiner shall have the authority set forth in RCW 35A.63.170 and chapter 18.20 SVMC. The scope of this jurisdiction includes the power to issue orders and make a decision or recommendation on an application or appeal as provided in the SVMC. This jurisdiction also includes the power to issue decisions with findings, conclusions, and recommendations when a Councilmember requests a hearing to contest an investigator’s written finding and/or conclusion that the Councilmember violated the Council Conduct Standards, but only when the investigator’s findings/conclusions are incident to investigating a complaint made in accordance with Chapter 5 of the Council Governance Manual. Section 4. Amendment. A new Chapter IV is hereby added to Appendix B of the SVMC as follows: Chapter IV: Hearings on Council Conduct Standards Violation Chapter IV applies to all hearings requested by a Councilmember to contest a finding that they violated the City’s Council Conduct Standards. Sections: A. Participation by Parties. B.Scheduling and Notice of Hearings. C.Conduct of Hearings. D. Recommendations/Decisions.Withdrawal of Heating Request. E.Dismissal Based on Failure to Participate. F. Decisions/ Recommendations. G. Reconsideration. A. Parties and Participation at Hearing. 1. “Investigator” Definition. At all times used herein, “Investigator” shall refer to the independent third-party attorney retained by the City in accordance with Chapter 5 of the Council Governance Manual to investigate allegations that a Councilmember breached the Council Conduct Standards set forth in the Council Governance Manual. Ordinance 24-005 Page 4 of 10 2. Investigator Participation. No City employee may directly participate in the hearing, unless called as a witness by the Investigator or Subject Councilmember, but shall be provided notice thereof. At the hearing, the Investigator who issued the Investigator’s report shall present evidence and testimony, object, cross-examine and make motions, arguments, recommendations, and all other actions essential to a fair hearing. 3. Councilmember Participation. The Councilmember who requested the hearing (“Subject Councilmember”) shall be provided notice and the opportunity to present evidence and testimony, object, cross-examine, and make motions, arguments, recommendations, and all other actions essential to a fair hearing. 4. Participation by the Public. The hearing shall be open to the public, but the public does not have a right to participate therein. 5. Responsibilities of Investigator. At least ten (10) business days before the hearing, the Investigator shall provide the Investigator’s report and all documents in their possession relating to the investigation to the Subject Councilmember and Hearing Examiner. 6. Responsibilities of Subject Councilmember. The Subject Councilmember shall provide the Hearing Examiner and Investigator any material that Subject Councilmember wishes to present or intends to rely upon at the hearing at least five (5) business days prior to the hearing. The intent of SVMC Appendix B, Chapter IV, Section (A)(5)& (6) is to ensure that all documents and arguments to be relied upon by any of the principal parties in the hearing before the Hearing Examiner are available for review by all other parties prior to the hearing, thus avoiding “surprise” at the hearing and facilitating efficiency. These rules will be interpreted by the Hearing Examiner to facilitate that purpose in conformance with applicable legal requirements for open record hearings. 7. Responsibilities of All Parties, Witnesses, and Observers. Parties, witnesses, or observers shall conduct themselves with civility and deal courteously with all involved in the proceedings. Failure to do so may result in removal from the hearing at the discretion of the Hearing Examiner. Testimony shall be directed to the Hearing Examiner and not at other parties, and shall be limited to matters relevant to the issues before the Hearing Examiner. 8. Documentary evidence may be received in the form of copies or excerpts at the Hearing Examiner’s discretion. The Hearing Examiner may require that the original of a document be produced. True and correct copies shall also be given to the Investigator, the Hearing Examiner, and any other party in attendance at the hearing. Ordinance 24-005 Page 5 of 10 9. Except for the initial Notice of Hearing, all documents delivered to another party or the Hearing Examiner may be made by email. Appeals shall be filed and served pursuant to Chapter 5, Section D.5. of the Governance Manual. B.Scheduling and Notice of Hearings. 1. The Hearing Examiner shall set the hearing within 60 days of the City Manager receiving the request for a hearing by the Subject Councilmember. The Hearing Examiner is encouraged to coordinate with the Subject Councilmember and Investigator, when setting the date(s), time(s), and location at which the hearing will occur. The Hearing Examiner may set any other deadline the Hearing Examiner determines will promote efficient and fair resolution of the matter. 2. The Hearing Examiner shall serve the Subject Councilmember and Investigator, with a copy to the City Manager, with a Notice of Hearing identifying the date(s), time(s) and location of the hearing and any other deadlines set by the Hearing Examiner. Service of the Notice of Hearing shall be by email, and first-class mail. Unless agreed to otherwise, the Notice of Hearing shall be delivered no later than 21 days prior to the date of the hearing. For the purpose of this section, delivery is deemed to have occurred on the third day following mailing of the Notice of Hearing. 3. The Notice of Hearing shall contain a statement that the hearing will be conducted in the manner set forth in SVMC, Appendix B, Chapter IV. 4. If a person entitled to receive notice of the hearing does not actually receive notice, then the Hearing Examiner shall continue the hearing to a later date. 5. A person is deemed to have received notice if the person appears at the hearing and failed to object to the lack of notice promptly after the person obtained actual knowledge of the hearing date. C. Conduct of Hearings. 1. Content of the Record. The record of a hearing conducted by the Hearing Examiner under this Chapter of Appendix B shall include, but need not be limited to, the following materials: a. The Council Conduct Standards Complaint; b. The report of the Investigator who investigated the above Complaint; c. All evidence received or considered by the Hearing Examiner, which shall include oral testimony given at the hearing, all exhibits, and other materials submitted; d. A statement of all matters officially noticed by the Hearing Examiner; e. A decision containing the findings and conclusions of the Hearing Examiner; Ordinance 24-005 Page 6 of 10 f.A recommendation of whether to impose discipline and the discipline to impose; g. Electronic recordings of the hearing and proceedings by the Hearing Examiner; h. The Notice of Hearing along with an affidavit of service attesting that the hearing notice was delivered to the Subject Councilmember (including the date and how delivery was made) pursuant to Appendix B Chapter IV, Section B.2. 2. Hearing format. A hearing generally includes, but is not limited to, the following elements: a. A brief introductory statement of the matter and overview of the hearing process by the Hearing Examiner; b. A report by the independent Investigator, including introduction of the Council Conduct Standards complaint, the Investigator’s investigation, the procedural history and an explanation of the Investigator’s investigation and findings which can include the use of visual aids, and the Investigator’s recommendations; c. The submittal of testimony and documents by the Subject Councilmember; d. Rebuttal of testimony, if applicable; e. Closing arguments; f.An opportunity for questions by the Hearing Examiner; and g. Closure of hearing and record. 3. Evidence. a. Burden of Proof. The Investigator shall have the burden of proof to show on a more probable than not basis, that the Subject Councilmember violated one or more of the provisions of the Council Conduct Standards. b. Admissibility. The hearing generally will not be conducted in strict adherence to Rules of Evidence, but evidentiary rules may be used for guidance. Any relevant information and material shall be admitted if it possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The Hearing Examiner may exclude all evidence that is irrelevant, immaterial, unduly repetitious, or whose probative value is substantially outweighed by undue prejudice that would result from it being admitted into evidence. The rules of privilege shall be effective to the extent recognized by law. The Hearing Examiner shall have discretion on the admissibility of all evidence. The Hearing Examiner Ordinance 24-005 Page 7 of 10 shall give such weight to the evidence submitted as he or she deems appropriate and as may be required by law. c. Copies. Documentary evidence may be received in the form of copies, excerpts, or incorporation by reference at the Hearing Examiner’s discretion. The Hearing Examiner may require an original, in which case it shall be provided to the Hearing Examiner. Parties shall provide copies of all evidence submitted to the Hearing Examiner to all other parties. Upon request, parties shall be given an opportunity to compare the copy with the original. d. Judicial Notice. The Hearing Examiner may take judicial notice of judicially cognizable facts; federal, state, and local laws, ordinances, or regulations, the City’s Comprehensive Plan and other adopted plans or policies of the City; and may take notice of general, technical, or scientific facts within his or her specialized knowledge, so long as any judicially noticed facts are included in the record and referenced or are apparent in the Hearing Examiner’s final decision. The Hearing Examiner shall not take notice of disputed adjudicative facts that are at the center of a particular proceeding. e. The Hearing Examiner may occasionally request material to be filed after the close of testimony. Only those items referred to at the hearing and specifically requested by the Hearing Examiner may be submitted in this manner. Nothing in this subsection allows any ex parte submission of any document or communication to the Hearing Examiner. All parties shall have the opportunity to address, respond, and/or provide responsive documents as may be allowed by the Hearing Examiner. f.The Hearing Examiner may call witnesses and request written evidence in order to obtain the information necessary to make a decision. The Hearing Examiner may also request written information from or the appearance of a representative from any City department necessary to make a decision. g. Additional evidence may only be submitted upon a request for reconsideration based on the discovery of new evidence which could not reasonably be available at the time of the hearing. If additional evidence is submitted with a request for reconsideration, it will only be considered upon a showing of significant relevance and good cause for delay in its submission. All parties shall be given notice of the consideration of such evidence and granted an opportunity to review such evidence and file rebuttal arguments. h. All parties shall be allowed an opportunity to make a record of evidence admitted or denied during the course of the hearing. This record shall include offers of proof. D. Recommendations/Decisions. 1. Written Decisions. The Hearing Examiner shall prepare and issue a writtendecision that includes findings of fact and conclusions. The decision shall be forwarded to the Ordinance 24-005 Page 8 of 10 Subject Councilmember, Investigator and City Manager within ten (10) working days after the hearing, unless a longer time period is mutually agreed to in writing by the Subject Councilmember, Investigator, and the Hearing Examiner. The Hearing Examiner’s decision shall be the final decision of the City as to the findings of fact and conclusions of law. If the Hearing Examiner concludes that the Subject Councilmember violated the Council Conduct Standards, then the Hearing Examiner’s decision shall provide a recommendation whether discipline should be imposed, and if so, identify the recommended disciplinary measure(s). 2. Content of Decision. a. Findings of fact upon which the decision or recommendation, including any conditions, was based. The findings shall be based exclusively on the evidence presented in the hearing and those matters officially noticed pursuant to SVMC Appendix B, Chapter IV, section C.3.d. b. Conclusions shall include a resolution of all the issue(s) based upon the findings. The conclusions shall reference the Council Conduct Standards at issue in the matter and shall include a determination, based on the findings of fact, as to whether the Investigator met their burden. c. Recommendation to the Council whether the Subject Councilmember should be disciplined and, if so, the recommended discipline authorized by Chapter 5 of the Council’s Governance Manual. d. The date of the decision and time period for appeal to the Washington Superior Court identified in Chapter 5, Section D.5 of the Council’s Governance Manual. Section 5. Other sections unchanged. All other provisions of chapter 18.20 SVMCnot specifically referenced hereto shall remain in full force and effect. Section 6. 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 7. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Ordinance 24-005 Page 9 of 10 Passed this day of , 2024. Pam Haley, Mayor ATTEST: Marci Patterson, City Clerk Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 24-005 Page 10 of 10 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 30, 2024 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 Balfour Park Phase 2 Development. GOVERNING LEGISLATION: N/A. PREVIOUS COUNCIL ACTION TAKEN: 08/28/2007 Admin Report; Approval for Feasibility Study for Balfour Park 09/11/2012 Administration Report - Spokane County Library District (SCLD) Interlocal Agreement 09/25/2012 Passed motion to execute SCLD Interlocal Agreement 10/29/2013 Passed motion to adopt Balfour Park / Library Conceptual Plan 11/12/2019 Adoption of 2019 Parks and Recreation Master Plan Update 01/26/2021 Administration Report - SCLD Update by Director Patrick Roewe 02/02/2021 Administration Report - SCLD Interlocal Agreement Proposed Amendment 02/09/2021 Passed motion to amend SCLD Interlocal Agreement 07/06/2021 Passed motion to authorize AHBL Park Design Agreement 07/27/2021 Administration Report – SCLD Library Design Update 08/05/2021 Community Workshop to prioritize Park elements 08/17/2021 Administration Report – Balfour Park Design Update 08/24/2021 Administration Report – Potential & Pending Projects 10/26/2021 Administration Report – Balfour Park Design Update 12/14/2021 Administration Report – Balfour Park Design and Bid Update 03/15/2022 Administrative Report – Potential Grant Opportunity – Recreation and Conservation Office (RCO) 04/12/2022 Administration Report – Balfour Park Design and Bid Update 08/30/2022 Passed motion to authorize Amendment #2 for AHBL for updated park design services 11/15/2022 Administration Report – Balfour Park Phase 1 Expansion Update 01/24/2023 Award Contract 23-038 with Additive Alternates #1-3 to Cameron Reilly and authorize Park Building purchase 05/02/2023 RAVE Foundation Soccer Mini Pitch Donation 03/05/2024 Administrative Report – Potential Grant Opportunity – Balfour Park Phase 2 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 provided a two-year timeline for project completion. On March 5, 2024, 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. Any funding requested from RCO this year, if awarded, would not become available before July of 2025 with construction anticipated to occur in 2026. The next two-year RCO grant funding cycle in these programs will likely open in 2026 for 2028 construction. The City is currently completing Balfour Park Phase 1 including overall site grading, park utilities, paved parking and hardscapes, park lighting, turf and some landscaping, artwork, the Veterans’ Memorial, Events Plaza, and a new park building with restrooms, electrical and mechanical rooms, and a police field office. The Phase 1 project is anticipated to be completed this spring and additional funding will be needed to complete the rest of the Balfour Park. Future Balfour Park elements include a splashpad, signature playground, basketball and pickleball courts, soccer mini pitch, a large picnic shelter, additional artwork, and an outdoor amphitheater with covered stage. The City is already working on a donation agreement through the Seattle Sounders Professional Football Club’s philanthropic wing, the RAVE Foundation, to install the soccer mini pitch in 2024, but will need grants and other funding to complete the additional remaining elements in the master plan. With a $4M project budget for Balfour Park Phase 2, the City could complete the signature playground and splashpad for the community which were the next highest ranked elements during the City’s community outreach and Master Plan update in 2022. On March 5, 2024 Council provided consensus to move forward with 2024 applications for grant funding through the Washington Wildlife and Recreation Program (WWRP) Local Parks category; and the Land and Water Conservation Fund (LWCF) and to return at a future date with a Resolution to authorize said applications. OPTIONS: (1) Execute the attached Resolution 24-009; or (2) Take other action as appropriate. RECOMMENDED ACTION OR MOTION: Move to approve Resolution 24-009 authorizing the City to apply for two grants from the Washington Recreation Conservation Office for Balfour Park Phase 2 Development. BUDGET/FINANCIAL IMPACTS: In December 2023 Council allocated $1.5M from the Capital Reserve Fund #312 as matching funds for this project. With the $1.5M in committed matching funds, the City can request up to $2.5M in Balfour Park Phase 2 development funding through two concurrent grant applications to the RCO. STAFF CONTACT: John Bottelli, Parks, Recreation Director ATTACHMENTS: Resolution 24-009 PowerPoint Presentation CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION 24-009 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 BALFOUR 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 Balfour Park Phase 2 (the Project), RCO Project number(s) 24-1985 and 24-1986; 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 Director – Grant application (submission thereof); (2) John Bottelli, Parks, Recreation 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 24-009 RCO Grant 2024 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. Effective date. This Resolution shall be in full force and effect upon adoption. Adopted this day of April 2024. City of Spokane Valley ATTEST: Pam Haley, Mayor Marci Patterson, City Clerk Approved as to form: Office of the City Attorney Resolution 24-009 RCO Grant 2024 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 30, 2024 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: Johnson & Johnson – Opioid Settlement GOVERNING LEGISLATION: SVMC 2.15.020 PREVIOUS COUNCIL ACTION TAKEN: Distributors Washington Settlement (“Settlement I”): April 26, 2022 approval of the One Washington MOU for settlement between the opioid distributors and cities/counties in Washington; July 19, 2022 approval of the Subdivision Participation Form to approve of and participate in the State settlement in Settlement I; September 6, 2022 approval of the Allocation Agreement for Settlement I; March 7, 2023 Administrative Report for Settlement II; March 21, 2023 approval of Motion Consideration – Participation Form and Allocation Agreement for Opioid Pharmacy and Manufacturer Settlements for Settlement II. August 29, 2023 approval of the Memorandum of Understanding establishing the Spokane Regional Opioid Abatement Council; April 23, 2024, Johnson & Johnson – Opioid Settlement information item. BACKGROUND: In 2022, the State announced successful settlement with several opioid distributors (“Settlement I”) for approximately $518 million and provided a process for local entities to participate in the settlement and receive a portion of the settlement money. Approximately half was set aside for local governments. The City participated through approving the One Washington MOU, the Subdivision Participation Form, and the Allocation Agreement. The allocation amounts to each entity were set by the State as part of the original settlement, therefore the City had no ability to modify that amount at the time of the approval of the necessary MOU, Subdivision Participation Form, and Allocation Agreement. According to the Washington AG’s website, the City is currently set to receive approximately $147,106.76 from Settlement I over the approximately 17-year term of the agreement. The exact payment will include deductions for attorneys’ fees and settlement expenses. To date, the City has received $19,673.37 in payments from the Distributors Settlement relating to Settlement I. According to the national opioid settlement portal, the remaining projected annual allocation amounts range from approximately $5,773.12 to 9,727.98 through 2038 (see attached expected allocations for Settlement I). In all we expect a total of approximately $140,000. In addition to Settlement I, the State engaged in litigation with several pharmacies and manufacturers. On December 21, 2022, the State announced that it would be joining settlements with the pharmacy and manufacturers related to ongoing opioid litigation: CVS, Walgreens, Walmart, Teva, and Allergan. This settlement (“Settlement II”) resulted in an additional $217 million to local governments to abate the opioid epidemic. The allocation methodology and calculation used in Settlement I was also used for Settlement II. On March 15, 2024, the City received a total payment of $28,978.87 related to Settlement II. The payments are initially higher due to Walmart, and Allergan making their payments in a shorter span of time. As with Settlement I, Settlement II limits the use of funds received to certain approved uses related to addressing the opioid epidemic. The opioid settlement administrators are still calculating expected allocation amounts for each year. In addition to Settlement I and Settlement II, the State announced a settlement with Johnson & Johnson. This settlement (“Settlement III”) dated January 22, 2024 will include an additional $61.67 million distributed in June/July of 2024 to participating local governments to abate the opioid epidemic. The deadline to participate in Settlement III is May 11, 2024. Based on calculations with information provided by the Washington State Attorney General’s Office, the amount the City is projected to receive is approximately $35,866.34 after a deduction for attorneys’ fees of 15%. The terms of Settlement III with Johnson & Johnson can be found at the link in the Attachments section of this RCA. As with Settlement I and Settlement II, in order to join in the settlement to receive funds, local governments are being asked to finalize and execute a Participation Form. A local government that does not participate cannot share directly in the settlement funds. If not enough local governments participate, no one gets any money, and there is a steep drop in the settlement amount if not all local governments join. The deadline to participate in Settlement III is May 11, 2024. If not all cities and counties join Settlement III, the payment will be initially reduced by 5%, with the possibility that the 5% will be paid two years later if conditions are met. The alternative for cities is to pursue litigation on their own. If the City elects to participate in Settlement III, and if all local governments sign on to the settlement, staff estimates that the City will receive approximately $35,866.34 from Settlement III. This payment will be made as a one-time payment and includes the estimated deductions for attorneys’ fees. Thus far, out of the 130 local governments eligible, 79 Participation Forms have been sent to the settlement administrator. City Council has not expended any of the opioid remediation funds from any of the settlements. OPTIONS: 1) Move to approve participation in the Johnson & Johnson opioid settlement; 2) take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: I move to approve participation in the Johnson & Johnson opioid settlement and authorize the City Manager or designee to execute the necessary forms and take the necessary actions to affirm the City’s participation. BUDGET/FINANCIAL IMPACTS: Settlement I: the City expects to receive approximately $140,000 over the course of 17 years; Settlement II: the City will receive an additional $148,486.91 less attorneys’ fees over the course of 15 years. Settlement III: the City will receive a one-time payment of approximately $35,866.34. STAFF CONTACT: Erik Lamb, Deputy City Manager; Tony Beattie, Senior Deputy City Attorney. ___________________________________________________________________________ ATTACHMENTS: JNJ WA Settlement (2-5-24) (link to Settlement III Agreement) Participation Form Johnson & Johnson Opioid Settlement | Washington State (Office of the Attorney General website related to Johnson & Johnson settlement) Expected allocation amounts for Settlement I. 5344.755617.073094.485617.07 19673.37 $121,170.92$140,844.29 $7,030.55$7,030.55$7,030.55$5,773.12$9,431.39$9,727.98$9,727.98$8,177.35$8,177.35$8,177.35$8,177.35$8,177.35$8,177.35$8,177.35$8,177.35 Projected Allocation Amount Projected Allocations Payment Type Distributor Projected Payment 4 (July, 2024)Distributor Projected Payment 5 (July, 2025)Distributor Projected Payment 6 (July, 2026)Distributor Projected Payment 7 (July, 2027)Distributor Projected Payment 8 (July, 2028)Distributor Projected Payment 9 (July, 2029)Distributor Projected Payment 10 (July, 2030)Distributor Projected Payment 11 (July, 2031)Distributor Projected Payment 12 (July, 2032)Distributor Projected Payment 13 (July, 2033)Distributor Projected Payment 14 (July, 2034)Distributor Projected Payment 15 (July, 2035)Distributor Projected Payment 16 (July, 2036)Distributor Projected Payment 17 (July, 2037)Distributor Projected Payment 18 (July, 2038)Distributor Settlement expectation 1.2.3.4.5.6.7.8.9. 10.11.12.13.14.15. Row NOS 1017 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 30, 2024 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: Flora Cross Country Complex Progressive Design-Build Contract Award GOVERNING LEGISLATION: SVMC 3.35.10 Contract Authority PREVIOUS COUNCIL ACTION TAKEN: On June 6, 2023, the Council heard a presentation and request from Spokane Sports to use $300,000 in TPA-generated revenue for sports recruitment and marketing. By consent, the Council directed staff to bring forward a motion to authorize the City Manager or designee to execute a contract with Spokane Sports for $300,000 to provide sports recruitment and marketing services for 2023. On June 20, 2023, Council approved a motion to approve City Manager or designee to execute a contract with Spokane Sports for $300,000 to provide sports recruitment and marketing services for 2023. On September 19, 2023, the Council authorized city staff to submit a 2024 Lodging Tax Grant Application, in partnership with Spokane Sports, for $4.4 million from the Lodging Tax Facilities Fund #104 to partially fund construction a cross country course. On April 23, 2024, staff provided an administrative report on the cross country complex. BACKGROUND: In 2022, the City began a process to update its Tourism Strategy. This process included a SWOT analysis, a visioning process, and the identification of new development opportunities. The Tourism Strategy update process was led by a Project Steering Committee that included representation from hotels, arts & culture, parks & recreation, restaurants, events, sports, city administration, and the business community. The Tourism Strategy update process has resulted in a clear vision for the future of tourism in Spokane Valley and new development opportunities that have the potential to generate tourism. The strategy includes several recommendations for branding the City from a tourism perspective, as well as recommendations on how to utilize the City's TPA and lodging taxes to further develop tourism. The Tourism Strategy identified a cross country complex as the most favorable tourism asset for development based on return on investment. The cross country course at Flora Park is intended to host events for Youth, Middle School, High School, Collegiate, Post-Collegiate and Masters Athletes. This course will not only host premier events, but also serve the greater community through programming, clinics, and practice opportunities. In collaboration with Spokane Sports, it was determined that there was an opportunity to host NCAA Cross Country Championships if the course could be completed by 2025. To move this project forward, city staff hired an engineering planning consultant to design a course route and additional facilities such as a clubhouse, multiple restrooms, drop off and parking spaces, and other helpful infrastructure at the site. It was also determined that alternative delivery would be the best option for developing the course and meeting the aggressive timeline. Townsend Heery, received approval from the Washington State Project Review Committee (PRC) to use the Progressive Design Build (PDB) process. PDB is a delivery process in which both the design and construction of a project are procured from a single design-build entity that is selected through a qualifications-based selection at the earliest feasible stage of the project, allowing the City to select the most qualified team for the work. In April 2024, the City announced that Walker Construction and SPVV Landscape Architects were the highest scored finalist for the construction of the cross country complex. The process for utilizing an alternative delivery method is regulated by RCW 39.10. As stated above, this process requires approval from the PRC prior to moving forward with the required procurement procedures. The procurement procedures for the PDB selection are outlined below. First publication of the Request for Qualifications (RFQ) issued on January 26, 2024 Second publication of the RFQ issued on February 2, 2024 Statement of Qualifications due on February 14, 2024 Shortlist announced on February 20, 2024 Issued Requests for Proposals on February 22, 2024 Interactive meetings held on March 5, 2024 Proposals due on March 26, 2024 Highest scored finalist announced April 1, 2024 City Council Approval anticipated on April 30, 2024 Validation anticipated to be completed by May 15, 2024 The RFQ was advertised in the Spokesman Review, the Valley News Herald, the Exchange, and the Seattle Daily Journal of Commerce. Staff requesting authorization from City Council to award the contract for PDB services to Walker Construction and SPVV Landscape Architecture. If awarded the contract, Walker Construction and SPVV Landscape Architecture will work with staff to further define the scope of work. The PDB process allows designers and contractors flexibility to creatively solve problems before construction begins. This process also allows for a shorter project delivery timeline which is necessary to meet the aggressive construction schedule. OPTIONS: 1) Move to award the PDB contract to Walker Construction and SPVV Landscape Architecture or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to award the Progressive Design Build project to Walker Construction and SPVV Landscape Architecture with a total not to exceed amount of $3.2M and authorize the City Manager to finalize and execute the construction contract. BUDGET/FINANCIAL IMPACTS: Presently, $4.4M has been allocated from the Hotel/Motel Tax Tourism Facilities Fund #104 for development of the cross country complex. STAFF CONTACT: Mike Basinger, AICP, Economic Development & Planning Director CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 04/30/2024 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: Motion Consideration – Bid Award for Bowdish Road Sidewalk and Bike Lane Project: CIP #0346 GOVERNING LEGISLATION: SVMC 3.35.10 – Contract Authority PREVIOUS COUNCIL ACTION TAKEN: June 30, 2020 – Motion Consideration to pursue Pedestrian Bicycle Program Funding thnd that included Bowdish Sidewalk from 12 to 22 Avenue. June 8, 2021- Resolution 21-002 to adopt approval of the TIP including Bowdish th sidewalk and intersection improvements at 16and Bowdish. May 3, 2022 – Motion Consideration for Grant Award of Pedestrian Bicycle Program thnd Grant that funded Bowdish Sidewalk from 12 to 22Avenue. June 14, 2022- Resolution 22-010 to adopt approval of the TIP including Bowdish th sidewalk and intersection improvements at 16and Bowdish. June 20, 2023 - Council passed Resolution 23-007 adopting the 2024-2029 TIP, which included this project. February 20, 2024 - Admin report discussing the 2024 construction projects, which included this project. BACKGROUND: The Bowdish Road Sidewalk and Bike Lane project will construct a sidewalk on the east side of thndthrd Bowdish Road from 12 to 22 Avenue, add a bike lane from 16 to 23 Avenue, install a th roundabout at the intersection of Bowdish and 16 Avenue, add stormwater structures with treatment, replace existing failing stormwater structures, and resurface the roadway within the project limits. Project Costs Project Budget Preliminary Engineering $ 175,550$ 1,668,500 Grant Funds Right of Way $ 22,350 1,466,165 Fund 301 Construction Phase$ 3,924,665Fund 311 370,650 617,250 Fund 402 Total Estimated Costs $ 4,122,565 Total Budget: $ 4,122,565 The Engineer’s Estimate for construction was $3,559,362. The project was advertised on April 5, 2024 in the Valley Herald, The Exchange, and the Spokesman Review, as well as on the City Website. The city received and opened six bids on April 23, 2024. The lowest, responsive bidder is Liberty Concrete LLC with a bid of $3,046,112.70, approximately 14% less than the engineer’s estimate. The project’s bid tabulation is attached. OPTIONS: 1) Move to award the contract to the lowest responsive and responsible bidder, or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to award the Bowdish Road Sidewalk and Bike Lane project contract to Liberty Concrete LLC in the amount of $3,046,112.70 and authorize the City Manager to finalize and execute the construction contract. BUDGET/FINANCIAL IMPACTS: The project is funded by several different sources. Most notably, the project was awarded a Safe Routes to School Program state grant. City funds are being utilized for the remainder of the project, including funds from the REET1 Capital Projects Fund (Fund 301), the Pavement Preservation Fund (Fund 311) and the Stormwater Management Fund (Fund 402). Fund 301 monies include the local match required for the grant. The total project budget, as presented, is $4,122,565 and there are sufficient funds to cover the costs for this project. STAFF CONTACT: Erica Amsden, PE, CIP Engineering Manager ATTACHMENTS: Bid Tabulation – Bowdish Road Sidewalk and Bike Lane Project Limits Exhibit CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 30, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. reportpending legislationexecutive session AGENDA ITEM TITLE: Administrative Report – Review of Caseload Standards for Indigent Defense GOVERNING LEGISLATION: Sixth Amendment to the United States Constitution; Criminal Rules for Courts of Limited Jurisdiction CrRLJ 3.1 Stds.; Washington State Bar Association Standards for Indigent Defense Services (March 4, 2024); General Rule (GR) 9 Supreme Court Rulemaking; chapter 1.17A Spokane County Code (SCC) PREVIOUS COUNCIL ACTION TAKEN: Interlocal Agreement 06-018, Adopted February 28, 2006; Resolution 15-006 Adopting Caseload Standards, Authorized July 14, 2015; Amendment 06-018.01 Adding Investigative Support, Adopted August 29, 2017. BACKGROUND: The Sixth Amendment to the United States Constitution guarantees “the poor not just an appointment of counsel, but also effective assistance of counsel.” State v. A.N.J., 168 Wash. 2d 91, 98, 225 P.3d 956, 959 (2010) (citing Strickland v. Washington, 466 U.S. 668, 688, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)). In order to meet Constitutional requirements, the Washington State Supreme Court has adopted enforceable standards for the provision of indigent defense. Those standards were adopted in 2012 and set qualifications of attorneys for different types of cases. Currently, public defenders representing those accused of misdemeanors must meet a variety of standards, which include meeting the minimum requirements to practice law in the state of Washington, being familiar with WSBA guidelines for public defense, court rules, the Washington Rules of Professional Conduct, and mental health issues, along with completing seven hours of continuing legal education relating to public defense. Further, the standards set the maximum number of cases depending on a public defender’s caseload type. An attorney representing misdemeanor defendants may not take more than 400 cases per 12-month period. New Public Defense Caseload Standards. While all stakeholders agree on the need to ensure that constitutionally required and protected defense is provided to indigent defendants, there have been ongoing debates by stakeholders about the current state of publicly funded defense. As part of these ongoing discussions the Washington State Bar Association (WSBA) recently undertook a review and adopted new indigent defense standards. This process occurred with input from a variety of stakeholders, including AWC and the Washington State Association of Municipal Attorneys. These new standards are, at this time, a guideline for public defense attorneys, but they have been submitted to the Washington State Supreme Court for consideration to be adopted as enforceable rules. Importantly for the City, the new standards change how caseload will be considered for public defenders and will have the effect of significantly reducing the number of cases that public defense attorneys may handle. These standards are based on assumptions about the amount of time different cases take that stem from a recent national study. If adopted by the Washington State Supreme Court, the new standards will reduce the caseload to 120 cases, which would generally require three times the number of attorneys than are currently employed. In addition to increased public defenders, the standards would also have the effect of requiring additional other support staff, including Public Defense Investigators, Paralegals, and Mitigation Specialists. The County currently employs Paralegals and Investigators. Mitigation Specialists represent an entirely new position to the County. The required addition of public defense attorneys, investigators, paralegals, and mitigation specialists would have a significant impact on the City’s budget. Budget Impact. The Spokane County Public Defender’s Office currently consists of approximately 20.0 FTE within their misdemeanor division including 17.0 attorneys. Although there is a phase-in period, staff estimate that upon full implementation in 2027, the net increase would be 58 additional positions. Revised Current Net PositionStandards % FTEChange FTE Misdemeanor Attorneys17.040.0 23.0 135% Misdemeanor Investigators1.514.0 12.5 833% Mitigation Specialists (new position)0.014.0 14.0 Misdemeanor Paralegals1.510.0 8.5 567% Subtotal 20.078.0 58.0 290% Under the cost methodology encompassed within our existing Agreement with the County our share of the total misdemeanor department costs is based on our share of the total misdemeanor cases. Historically our share has ranged from 35% to 40% of total misdemeanor cases. An estimate of the total cost impact based on 2024 budget numbers is provided below. Total All Costs Total All Costs Total 2024 Misdemeanor Department Public Defense Cost to with Min S&B with Max S&B implement Standards $ 7,134,091$ 9,530,174 SV Usage Percent 38.45%38.45% Spokane Valley's Share of Additional Costs added to comply with WSBA Standards for Indigent Defense Revised 3.8.24$ 2,743,388 $ 3,664,793 Total Current 2024 SV Public Defense Costs Estimate$ 917,940 Difference$ 1,825,448$ 2,746,853 Percent increase 198.9%299.2% This Cost impact includes the additional 58.0 FTE as well as increased indirect costs, M&O, and additional supervisory costs. It does not include an estimate of the costs needed to house these additional staff at the County. Two cost options were identified which pull from the minimum and maximum pay range for the affected positions. As the mitigation specialist is a new position, a salary range between investigator and attorney was used. City Comments The Washington State Supreme Court has rulemaking procedures that it must follow before adopting the proposed new standards. Unless the Court considers the proposed change a technical rule change, it will allow public comment as it considers adoption. We believe this is not a technical change and so believe that the City will have an opportunity to provide public comment if the Court decides to consider the rule. The City Attorney’s Office is signed up to receive notices of rule changes and the comment process. As noted above, AWC provided comments on the proposed standards to the WSBA. Those comments highlighted issues with such a wholesale change without consideration of the full impacts. Identified issues include: Available attorneys. Counties and cities across the state have identified challenges currently with filling public defender positions for a variety of reasons, including non-competitive salaries compared to other similar-type positions and general lack of available attorneys. Adding a need for three times the number of public defenders will result in significant unfilled positions, which will have the opposite effect of providing adequate defense to indigent defendants and add further negative impacts to an already burdened criminal justice system. Impacts to criminal justice system. Further, if there are not sufficient attorneys, defendants will not be able to have counsel, which will either result in cases being dismissed, or cases remaining pending and outstanding for an extended period, which will only further add to the backlog and delays that are already occurring in courts, as well as potentially adding to ongoing capacity issues at the jail for any defendant who is required to remain in jail. Budgetary considerations. Other aspects and impacts of the standards, including significant budget impacts, should be considered. Given the process for adoption of the standard, there are concerns about whether these types of impacts will be able to be adequately considered. For example, the Office of Public Defense, which does provide financial assistance to counties and cities, is not part of the Supreme Court, but instead is part of the state and will have to separately work with the State Legislature to help address financial impacts to local jurisdictions. Given the potential significant impacts, AWC has requested comments from cities and counties to be prepared and to continue to work with the Supreme Court and other stakeholders. The Office of Public Defense is also having listening sessions to gather input on impacts. Given the potential impacts, staff are seeking Council consensus on whether to provide comments on behalf of the City to AWC and other stakeholders like the Office of Public Defense to identify the financial impacts and other challenges that the new rule will create for the City. Staff are also continuing to work with Spokane County and other stakeholders to refine our understanding of the impacts as well as to identify all possible avenues to comment and communicate the impacts these standards will have. OPTIONS: Discussion; Consensus to provide comments to AWC and other stakeholders regarding the financial and other impacts the proposed standards would have on the City. RECOMMENDED ACTION OR MOTION: Consensus to provide comments to AWC and other stakeholders regarding the financial and other impacts the proposed standards would have on the City. BUDGET/FINANCIAL IMPACTS: If the proposed caseload standards are adopted by the State Supreme Court, the estimated impact to the City of Spokane Valley ranges from $1.8 million to $2.7 million. STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst; Tony Beattie, Senior Deputy City Attorney. ___________________________________________________________________________ ATTACHMENTS: Letter from AWC and WSAMA to the Washington State Bar Association TO:WashingtonStateBarAssociation,BoardofGovernors FROM:CandiceBock,AssociationofWashingtonCitiesandDanielLloyd,WashingtonStateAssociationof MunicipalAttorneys DATE:March6,2024 RE:CommentsontheCouncilofPublicDefenseProposedRevisedStandardsforIndigentDefenseand CaseloadLimits TotheWashingtonStateBarAssociationBoardofGovernors, TheAssociationofWashingtonCities(AWC)andtheWashingtonStateAssociationofMunicipalAttorneys (WSAMA)havesubstantialconcernswiththeproposedchangestotheWashingtonStandardsforIndigent DefenseamendingCrR3.1,CrRLJ3.1,JuCR9.1,andCCR2.1.Citiesarecommittingtoprovidingeffective thth assistanceofcounselasguaranteedbythe6and14amendmentstotheUSConstitution,andwerecognize thatthoseinneedofapublicdefenderareoftensomeofthemostvulnerablemembersofourcommunities. However,rapidlytriplingtherequirednumberofpublicdefenseattorneyswillonlyexacerbatecurrentchallenges andrenderthecriminaljudicialsystemnonfunctional. ŷĻƦƩƚƦƚƭĻķƭƷğƓķğƩķƭğƩĻŅźƓğƓĭźğƌƌǤƓƚƷŅĻğƭźĬƌĻŅƚƩƒǒƓźĭźƦğƌźƷźĻƭ Adoptionofasubstantialreductionincaseloadstandardsshouldnotbedoneinisolationbythebarassociation andtheSupremeCourt,butrathermustbeacoordinatedeffortwiththelegislature.TheStatecurrentlyfundsa smallfractionofpublicdefensecosts,andthevastmajorityoftheexpensesarebornbylocalgovernments.Public defensecostsarepaidoutofaĭźƷǤ͸ƭgeneralfundbudget;fundingforaĭźƷǤ͸ƭgeneralfundisstatutorilyand constitutionallylimited.CitiesareconstrainednotonlybythelimitsoftheirƩĻƭźķĻƓƷ͸ƭabilitytopay,butalsoby legalrestrictionsontheĭźƷǤ͸ƭabilitytoraiserevenue.Atriplingoftherequirednumberofpublicdefense attorneyswouldbeatremendouscostthatfarexceedsthecapacitiesofcitiestofund. Ifadopted,localgovernmentfundingconstraintswillresultincitiesfacinganuntenablechoicetocutcritical programs,includingfundingforothercourtstaffandjudicialprograms,aswellashumanserviceprograms designedtoaddressrootcausesofcriminalbehaviorandkeepindividualsoutofthecriminaljusticesystem. Toimplementreducedcaseloadstandards,jurisdictionswillrequirenotonlyadditionalstatefunding,butalsoa concertedlegislativeefforttoincreasetheworkforcepipelineforpublicdefendersandsupportstaff. 9ǝĻƓźŅŅǒƓķźƓŭǞĻƩĻğǝğźƌğĬƌĻͲƷŷĻƩĻźƭğƓźƓğķĻƨǒğƷĻǞƚƩƉŅƚƩĭĻƷƚƒĻĻƷƷŷĻƦƩƚƦƚƭĻķĭğƭĻƌƚğķƭƷğƓķğƩķƭ AsnotedthroughouttherecommendationsfromtheCouncilforPublicDefense,nationallyweareexperiencinga significantshortageofpublicdefenseattorneys.Evenifstatefundingwereinstantaneouslyprovidedtosupport therequiredworkforce,therewouldnotbeasufficientnumberofattorneysavailabletomeettherequired caseloadnumbers: ByJuly2025,misdemeanorcaseloadstandardswouldbereducedfrom400casesperyearto280cases peryear.Meaningthat15monthsfromnow,wewouldneed70%moremisdemeanorpublicdefenders thanwehavetoday,inadditiontotheincreasednumberoffelonydefenseattorneysrequiredunderthe proposedcaseloadstandards. ByJuly2026,theproposedmisdemeanorcaseloadstandardswouldbereducedfrom280casesperyear to225peryear. ByJuly2027,theproposedmisdemeanorcaseloadstandardswouldbereducedto200casesperyear. Thiswouldrequiredoublethenumberofmisdemeanorpublicdefenseattorneyscomparedtoourcurrent workforce.Whenconsideredincombinationwiththereductioninfelonycaseloadstandards,thiswould meanthestatewouldneedroughlytriplethenumberofpublicdefenseattorneys. c Eveniffundingwereprovidedbythestate,jurisdictionswillnotbeabletohiretriplethenumberofpubli defenseattorneysinthreeyearscomparedtotoday.Areducedcaseloadstandardwillnotresultinthreetimesas manyindividualsbeinginterestedinpursuingacareerinpublicdefenseinsuchashortamountoftime. AWCandWSAMAsupportcarefulconsiderationtothecaseloadstandardsforindigentdefenseattorneys. However,implementationofalargereductionincaseloadstandardsmustbeaccompaniedbystateinvestments inpublicdefense,aswellaslegislativeeffortstoincreasetheworkforcepipelinefordefenseattorneys,support staff,prosecutors,ǝźĭƷźƒ͸ƭadvocates,defenseinvestigators,andsocialworkers. Ifcaseloadstandardsareadoptedwithoutadequatestatefundingandaworkforcepipelinetosupportthe requiredcaseloadstandards,thecurrentchallengesinthecriminaljusticesystemwillonlybefurther exacerbated.WeaskthattheBoardofGovernorsnotadopttherecommendationsforamendmentstothe indigentdefensecaseloadstandards. Weappreciatetheopportunitytocommentonthestandardsunderconsideration,andweareavailabletoanswer anyquestions. Regards, CandiceBockDanielG.Lloyd GovernmentRelationsDirectorWSAMAPresident AssociationofWashingtonCitiesFortheWSAMABoardofDirectors CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 30, 2024 Department Director Approval: Check all that apply: consent old business new business public hearing information admin. report pending legislation executive session AGENDA ITEM TITLE: Tourism Promotion Area (TPA) - Expenditure Request for Destination Tourism Marketing GOVERNING LEGISLATION: Chapter 3.21 SVMC, RCW 35.101 PREVIOUS COUNCIL ACTION TAKEN: January 1, 2023, per Ordinance 22-016, the Spokane Valley TPA became effective along with the establishment of Spokane Valley TPA Hotel Commission. January 30, 2023, the TPA Commission supported moving forward with a Request for Qualifications (RFQ) to identify a qualified consultant to develop a five-year destination marketing plan and 18-month marketing service plan. March 30, 2023, the Commission determined that 116 & West Marketing Agency was the most qualified consultant to develop the City’s five-year Destination Marketing Plan and provide Tourism Marketing Services. April 20, 2023, the TPA Commission recommended the City Council approve a proposal from 116 & West to use $44,025 in TPA funds to develop a five-year Destination Marketing Strategic Plan. May 2, 2023, City Council approved a motion to authorize the City Manager or designee to negotiate, finalize, and execute a contract for $44,045 with 116 & West to develop a five-year Destination Marketing Strategic Plan. August 15, 2023, Council received the first annual TPA Summary Report outlining activities and related work completed by the Economic Development Department staff and the TPA Commission between Jan. 1, 2023, and August 31, 2023. August 17, 2023, the TPA Commission was provided with a final draft of the five-year Destination Marketing Strategic Plan and recommended City Council approve the plan. August 17, 2023, the TPA Commission recommended that City Council approve a $813,500 proposal from 116 & West for tourism marketing services through Dec. 31, 2024. September 5, 2023, the TPA Commission recommended that City Council approve the selection of “Discover the Valley” (name) and “Spokane Valley, WA” (tagline) for branding the city’s tourism initiatives. September 19, 2023, City Council approved the five-year Destination Marketing Strategic Plan; selection of “Discover the Valley” and “Spokane Valley, WA” for branding the city’s tourism initiatives; and authorized the City Manager or designee to execute a contract with 116 & West for $813,500 to provide destination marketing services through Dec. 31, 2024. November 16, 2023, the TPA Commission voted unanimously to recommend that City Council approve the use of $400,000 in TPA revenues to support continued sports recruitment and marketing services by Spokane Sports in 2024. December 12, 2023, the City Council moved to request that the City Manager or designee execute a contract with Spokane Sports for $400,000 to provide sports recruitment and marketing services in 2024. BACKGROUND: On January 18, 2024, at its first meeting of the year, the TPA Commission requested that 116 & West develop options to increase its 2024 marketing budget through an amendment to its contractual scope of work. The Commission, by consensus, also requested a marketing proposal for the HUB Sports Center. Phil Champlin with the HUB had presented information to the Commission in October 2023 about its programs and facilities. In late January, city staff met with Mr. Champlin at the HUB to identify potential opportunities for partnering with the City on advertising campaigns that could be funded with TPA revenue and included in the 116 & West contract for marketing services, thus integrating HUB advertising initiatives (as a vendor) into the larger “Discover the Valley” branding and marketing program. Per the request of the TPA Commission in January, 116 & West brought forward two proposals at the April 18 TPA Commission meeting to expand its current marketing contract with additional paid media campaigns and social media initiatives. One proposal was for $379,000 and the other was for $466,000. Included in both proposals was also a contingency budget (between $30,000 and $50,000) to allow for additional media fees or other unexpected expenditures throughout the year, and identified advertising products and services with the HUB. After a presentation from 116 & West and further discussion, the Commission, through consensus, recommended that City Council authorize a $466,000 contract amendment with 116 & West to provide additional tourism marketing services through December 2024. OPTIONS: Consensus for staff to bring forth a motion to authorize the City Manager or his designee to utilize TPA revenue to execute a $466,000 contract amendment with 116 & West for additional tourism marketing through December 2024, or take other action as deemed appropriate. RECOMMENDED ACTION OR MOTION: Consensus for staff to bring forth a motion to authorize the City Manager or his designee to utilize TPA revenue to execute a $466,000 contract amendment with 116 & West for additional tourism marketing through December 2024. BUDGET/FINANCIAL IMPACTS: The City’s TPA fee generated $1,309,506 million in revenue in 2023. Of this funding, $744,025 in contractual expenditures and $400,000 in reserve funds was committed, leaving $165,481 in carryover funds to be used in 2024. The Finance Department set the initial $400,000 reserve based on unknown TPA revenues during 2023. The reserve balance is being reviewed as part of the 2024 budget amendment process to determine the appropriate level now that there is a full year of actual revenue history. The 2024 Budget included $1.2 million in expenditures in the TPA Fund #109, which was set based on initial revenue estimates and cash flow needs. The expenditure budget will be evaluated during the 2024 amendment process and 2025 Budget development and adjusted based on actual anticipated costs. In late 2023, City Council approved expenditures of $413,500 to 116 & West and $400,000 to Spokane Sports from 2024 TPA revenue. Based on these calculations, the City projects that $551,981 in the expenditure budget remains uncommitted in 2024.The $466,000 requested for additional marketing services would come from the uncommitted $551,981. STAFF CONTACT: Lesli Brassfield, Tourism and Marketing Manager ATTACHMENTS: Proposed additional $466,000 expenditure for additional marketing services with 116 & West Current projected and committed TPA funds in 2024 ! %47-611/11%61-111/11%23-711/11%61-111/11%77-:11/11 %361-111/11 %577-111/11 %577-111Beejujpobm %!84-611/11%!41-111/11%!31-111/11%!56-111/11%!71-111/11%!26-111/11%!33-311/11 %!258-911/11 %!524-611/11 Psjhjobm!Cvehfu Njtd/ Qbje!Nfejb Nbjoufobodf Bttfu!Mjcsbsz IVC!Tqpsut!Dpmmbc Tpdjbm!Nfejb!Qspqfsujft Tqplbof!Tqpsut!Tvqqpsu Qbje!Nfejb!Nbobhfnfou Pohpjoh!Xfctjuf!Tvqqpsu0 3135!Jnqmfnfoubujpo!Upubm Tusbufhjd!Bddpvou!Nbobhfnfou Dbnqbjho!Dsfbujwf!Efwfmpqnfou 3135!Jnqmfnfoubujpo BEEJUJPOBM!CVEHFU!SFRVFTU !! Add 4 months and increase Sept’s budget by $2,000, and Increase two month’s media spends \[by approx $5,000\], add two Increase package from $24,529 to $47,872 Add $33,000 to All Over Media campaign focused on travelers DPOOFDUFE!UW!.!MFJTVSF Tvnnbsz;increase the spend in three of the months by $1,000 ZPVUVCF!.!MFJTVSF Tvnnbsz;additional months, and increase the spend in four of the months by $2,000 TUSFBNJOH!BVEJP!.!MFJTVSF Tvnnbsz;while increasing their budgets by approx. $6,000 USJQBEWJTPS!.!MFJTVSF Tvnnbsz;the campaign DWFOU!.!QMBOOFS!Tvnnbsz;PPI!.!MFJTVSF0!TQPSUT!USBWFM Tvnnbsz;for leisure and youth sports Add $35,294 to billboard placement and production around Central WA, Northern WA \[near Canadian border\], Northern ID, and Western MT Increase budget each month from June to Dec an average Extend the campaign to retarget our audience after the Extend 2 pulsed months, add June, and increase October’s Add display June and July, extend August and September to QBJE!TFBSDI!.!MFJTVSF!BOE!QMBOOFST!Tvnnbsz;!of $400, and add a larger geo-targeted search campaign to reach direct EJTQMBZ!.!MFJTVSF!Tvnnbsz;budget by $3,000 EJTQMBZ!.!QMBOOFST;Tvnnbsz;full months and increase their budgets by $900 EJTQMBZ;!HFP.GFODF Tvnnbsz;!conference/event MJOLFEJO!.!QMBOOFST Tvnnbsz;and increase the budgets from June to October by $100 NFUB!.!MFJTVSF Tvnnbsz;month and increase its media spend by $1,000 813,500.00 $ 400,000.00400,000.00413,500.00386,500.00165,481.00551,981.00 1,200,000.00 $ $ $ $ $ $ $ Projected - Committed 2024 Funds in Reserve (Carryover)Projected 2024 Revenue (Budget)Spokane Sports Committed116 & West CommittedUncommitted 2024 RevenuesPlus 2023 CarryoverTotal Uncommitted Funds 744,025.00565,481.00400,000.00165,481.00 1,309,506.00 $ $ $ $ $ CITY OF SPOKANE VALLEY, WACommitted Funds 2023 TPA FUNDS REVIEW - Feb 2024 Actual RevenueTotal Committed (contractual)Funds RemainingFunds in ReserveCarryover to 2024 DRAFT ADVANCE AGENDA as of April 24, 2024; 9:00 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings May 7, 2024 Study Session, 6:00 p.m. \[due Tue April 30\] 1. Second Reading: Ordinance 24-007: Comprehensive Plan Amendment Levi Basinger (5 minutes) 2. Second Reading: Ordinance 24-008: CPA Zoning Map Amendment Levi Basinger (5 minutes) 3. Motion Consideration: TPA 116 & West marketing services funds proposal Lesli Brassfield (5 minutes) 4. Motion Consideration: Sprague Avenue Stormwater Project Bid Award Rob Lochmiller (25 minutes) 5. Admin Report: Rayce Rudeen Foundation Erik Lamb, Marsha Malsam (30 minutes) 6. Admin Report: Resolution 24-00XX: Letters of Support Virginia Clough (10 minutes) 7. Admin Report: Pot. Grant Opp. Pedestrian Bicycle Prgm & Safe Routes to School Prgm- A. Jackson (10 minutes) 8. Admin Report: Potential Grant Opp: Active Transportation Infrastructure Investment Program Jackson (10 minutes) 9. Admin Report: Interlocal Agreement with Spokane Transit Authority Bill Helbig (10 minutes) 10. Admin Report: Street Vacation STV-2024-001 Lori Barlow (5 minutes) 11. Admin Report: Street Vacation STV-2024-002: Res. to set Public Hearing Lori Barlow (5 minutes) 12. Admin Report: 2024 Budget Amendment Chelsie Taylor (10 minutes) 13. Advance Agenda Mayor Haley (5 minutes) \[*estimated meeting: 110 mins\] May 14, 2024 Formal Meeting, 6:00 p.m. \[due Tue May 7\] Proclamation: National Police Week 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Ordinance 24-00 : First Read- STV-2024-001 Lori Barlow (5 minutes) 3. Motion: Interlocal Agreement with Spokane Transit Authority Bill Helbig (10 minutes) 4. Motion Con: Potential Grant Opp. Pedestrian Bicycle Prgm & Safe Routes to School Prgm A. Jackson(5 minutes) 5. Motion Con: Potential Grant Opp: Active Transportation Infrastructure Investment Program A. Jackson (5 minutes) 6. Admin Report: Post-Session Report/Presentation Virginia Clough, Briahna Murray (30 minutes) 7. Admin Report: 6-Year Transportation Improvement Program Adam Jackson (10 minutes) 8. Advance Agenda Mayor Haley (5 minutes) \[*estimated meeting: 65 mins\] May 21, 2024 Study Session, 6:00 p.m. \[due Tue May 14\] 1. Public Hearing: 2024 Budget Amendment - Chelsie Taylor (10 minutes) 2. Ordinance 24-00 : First Read 2024 Budget Amendment Chelsie Taylor (5 minutes) 3. Ordinance 24-00 : Second Read- STV-2024-001 Lori Barlow (5 minutes) 4. Advance Agenda Mayor Haley (5 minutes) May 28, 2024 Formal Meeting, 6:00 p.m. \[due Tue May 21\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor Haley (5 minutes) 3. Info Only: Department Monthly Reports; Fire Dept Monthly Report June 4, 2024 Study Session, 6:00 p.m. \[due Tue May 28\] 1. Ordinance 24-00 : Second Read 2024 Budget Amendment Chelsie Taylor (5 minutes) 2. Admin Report: Presentation Aging & Long Term Care Lynn Kimball (15 minutes) 3. Advance Agenda Mayor Haley (5 minutes) June 11, 2024 BUDGET WORKSHOP 8:30 a.m. 3:00 p.m. \[due Tue June 4\] 1. BUDGET WORKSHOP June 18, 2024 Study Session, 6:00 p.m. \[due Tue June 11\] 1. Public Hearing: 6-Year Transportation Improvement Program Bill Helbig (20 minutes) Draft Advance Agenda 4/25/2024 3:05:15 PM Page 1 of 2 2. Motion Consideration: 6-Year Transportation Improvement Program Bill Helbig (5 minutes) 3. Advance Agenda Mayor Haley (5 minutes) June 25, 2024 Formal Meeting, 6:00 p.m. \[due Tue June 18\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor Haley (5 minutes) 3. Info Only: Department Monthly Reports; Fire Dept Monthly Report July 2, 2024 Study Session, 6:00 p.m. \[due Tue June 25\] 1. Advance Agenda Mayor Haley (5 minutes) July 9, 2024 Formal Meeting, 6:00 p.m. \[due Tue July 2\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor Haley (5 minutes) July 16, 2024 Study Session, 6:00 p.m. \[due Tue July 9\] 1. Advance Agenda Mayor Haley (5 minutes) July 23, 2024 Formal Meeting, 6:00 p.m. \[due Tue July 16\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor Haley (5 minutes) 3. Info Only: Department Monthly Reports; Fire Dept Monthly Report July 30, 2024 Study Session, 6:00 p.m. \[due Tue July 23\] 1. Advance Agenda Mayor Haley (5 minutes) August 6, 2024 NO MEETING - National Night Out August 13, 2024 Formal Meeting, 6:00 p.m. \[due Tue Aug 6\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor Haley (5 minutes) August 20, 2024 Study Session, 6:00 p.m. \[due Tue Aug 13\] 1. Advance Agenda Mayor Haley (5 minutes) August 27, 2024 Formal Meeting, 6:00 p.m. \[due Tue, Aug 20\] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Advance Agenda Mayor Haley (5 minutes) 3. Info Only: Department Monthly Reports; Fire Dept Monthly Report *time for public or council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: 250th USA Celebration Squatter Rights Review 9-1-1 calls (delays, holding, etc.) Vehicle Wgt Infrastructure Impact Appleway Trail Amenities AWC Summary of Arguments City Brand Update DOT Clean Up Electric Scooter Regulations Gang Task Force Update Group Home Regulations Local Drug Use Enforcement- Marysville Model Massage Parlor Update Mirabeau Park Forestry Mgmt. ORV usage on streets Park Camera Update Park Lighting Peer Court Protection of Utility Infrastructures SCRAPS Draft Advance Agenda 4/25/2024 3:05:15 PM Page 2 of 2