The URL can be used to link to this page

2020, 04-14 Regular MeetingAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT Tuesday, April 14, 2020 6:00 p.m. Spokane Valley City Hall Council Chambers Remotely via ZOOM Meeting 10210 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting NOTE: In response to Governor Inslee's March 24, 2020 Proclamation concerning our recent State of Emergency, which waives and suspends the requirement to hold in -person meetings and provides options for the public to attend remotely, all meeting guidelines contained in the Governance Manual are hereby superseded until the Governor's order has been rescinded or amended. Therefore, effective immediately and until further notice, a live feed of the meeting will be available on our website and on Comcast channel 14. Public comments will be accepted via the following links and must be received by 4:00 pm the day of the m eeting. • Sign up to Provide Oral Testimony at the Meeting via Calling -In • Submit Written Public Comment Prior to the Meeting • Join the Zoom Meeting CALL TO ORDER ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS n/a MAYOR'S REPORT 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of claim vouchers on April 14, 2020, Request for Council Action Form Total: $3,026,050.18 b. Approval of Payroll for Pay Period Ending March 31, 2020: $539,338.83 c. Approval of Council Meeting Minutes of March 10, 2020 Formal Meeting Format d. Approval of Council Meeting Minutes of March 17, 2020 Study Session Format e. Approval of Council Meeting Minutes of March 24, 2020 Formal Meeting Format f. Approval of Council Meeting Minutes of March 31, 2020 Study Session Format NEW BUSINESS: 2. First Reading Ordinance 20-005 Street Vacation 2019-005 — Bill Helbig [no public comment: Planning Commission Held Hearing 1-9-2020] 3. First Reading Ordinance 20-006 Deferring Gambling Tax Remittance — Chelsie Taylor [public comment] 4. Motion Consideration: 2020 BUILD Grant Application — John Hohman [public comment] 5. Motion Consideration: Meals on Wheels Contract — Cary Driskell [public comment] ADMINISTRATIVE REPORTS: 6. Hazard Mitigation Agreement — Jenny Nickerson 7. CenterPlace Roof Repair — John Hohman 8. Department of Commerce ETS Grant — Adam Jackson 9. Advance Agenda - Mayor Wick CITY MANAGER COMMENTS ADJOURNMENT Council Agenda April 14, 2020 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 14, 2020 Department Director Approval: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST VOUCHER NUMBERS 03/18/2020 7071; 7083; 7084; 7087; 7088; 7090; 7094 03/26/2020 50309-50318 (-50311 and 50312) 03/26/2020 8651-8696 03/30/2020 50319-50358 04/02/2020 8697-8711 04/07/2020 50365-5-377; 9400202; 9420733 GRAND TOTAL: TOTAL AMOUNT $85,070.25 $476,197.24 $23,948.50 $242,719.3 6 $8,384.00 $2,189,730.83 $3,026,050.18 Explanation of Fund Numbers found on Voucher Lists #001- General Fund 001.011.000.511. City Council 001.013.000.513. City Manager 001.013.015.515. Legal 001.016.000. Public Safety 001.018.013.513. Deputy City Manager 001.018.014.514. Finance 001.018.016.518. Human Resources 001.040.041. Engineering 001.040.042. Economic Development 001.040.043. Building 001.076.000.576. Parks & Rec—Administration 001.076.300.576. Parks & Rec-Maintenance 001.076.301571. Parks & Rec-Recreation 001.076.302.576. Parks & Rec- Aquatics 001.076.304.575. Parks & Rec- Senior Center 001.076.305.571. Parks & Rec-CenterPlace 001.090.000.511. General. Gov't- Council related 001.090.000.514. General Gov't -Finance related 001.090.000.517. General Gov't -Employee supply 001.090.000.518. General Gov't- Centralized Serv. 001.090.000.519. General Gov't -Other Services 001.090.000.540. General Gov't -Transportation 001.090.000.550. General Gov't -Natural & Eco. 001.090.000.595. General Gov't -Pavement Preser. 001.090.000.560. General Gov't -Social Services 001.090.000.594 General Gov't -Capital Outlay Other Funds: 101 — Street Fund 103 — Paths & Trails 105 — HoteI/Motel Tax 106 — Solid Waste 120 — CenterPlace Operating Reserve 121 — Service Level Stabilization Reserve 122 — Winter Weather Reserve 204 — Debt Service 301 — REET 1 Capital Projects 302 — REET 2 Capital Projects 303 — Street Capital Projects 309 — Parks Capital Grants 310 — Civic Bldg. Capital Projects 311 — Pavement Preservation 312 — Capital Reserve 314 — Railroad Grade Separation Projects 402 — Stormwater Management 403 — Aquifer Protection Area 501 — Equipment Rental & Replacement 502 — Risk Management RECOMMENDED ACTION OR MOTION: Move to approve attached list of claim vouchers. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: Voucher Lists vchlist Voucher List Page: 1 03118/2020 4:28:20PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 7071 3/20/2020 002227 IDAHO TAX COMMISSION Ben92435 001.231.50.03 IDAHO STATE TAX BASE: PAYMENT 1,393.91 Total : 1,393.91 7083 3/20/2020 000048 VANTAGE TRANSFER AGENTS, 401A PLAN Ben92437 001.231.14.00 401A: PAYMENT 36,296.24 Total : 36,296.24 7084 3/20/2020 000682 EFTPS Ben92439 001.231.11.00 FEDERAL TAXES: PAYMENT 35,635.90 Total : 35,635.90 7087 3/20/2020 007303 VANTAGEPOINT TRANSFER AGENTS, 457 RO Ben92441 001.231.23.00 457 ROTH OPTION: PAYMENT 1,659.89 Total : 1,659.89 7088 3/20/2020 000145 VANTAGEPOINT TRANSFER AGENTS, 457 PLE Ben92443 001.231.18.00 457 DEFERRED COMPENSATION: PAYI 8,994.03 Total : 8,994.03 7090 3/20/2020 000162 VANTAGE TRANSFER AGENTS, 401A EXEC PL Ben92445 001.231.14.00 401 EXEC PLAN: PAYMENT 703.31 Total : 703.31 7092 3/20/2020 007657 WA STATE SUPPORT REGISTRY Ben92447 101.231.20.00 DIVISION OF CHILD SUPPORT: PAYMEI 136.97 Total : 136.97 7094 3/20/2020 000210 CITY OF SPOKANE VALLEY Ben92449 001.231.28.00 HEALTH REIMBURSEMENT ACCOUNT: 250.00 Total : 250.00 8 Vouchers for bank code : apbank Bank total : 85,070.25 8 Vouchers in this report Total vouchers : 85,070.25 Page: 1 von list 03/26/2020 9:49:47AM Voucher List Spokane Valley Page: C�= Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 50309 3/26/2020 007791 DAVENPORT, JOHN 50310 3/26/2020 007396 ENGINEERING/REMEDIATION 503-1-1 - 3126/2020 000011 GREATER SPOKANE VALLEY SFVD-2020-0018 12582 30461 50312_ _ _ 3/26/2020 003316 INLAND NW BUSINESS, TRAVEL ASSOC March 2020- 50313 3/26/2020 000252 LOWE'S BUSINESS ACCOUNT March 2020 50314 3/26/2020 002948 NA DEGERSTROM PAY APP 6 50315 3/26/2020 007792 PETERSON, JUSTIN 2020-100001904 50316 3/26/2020 005238 PHILLIPS, CHAD Expenses 50317 3/26/2020 001281 SPOKANE VALLEY ARTS COUNCIL 2020 50318 3/26/2020 002960 WICK, BEN Expenses Expenses 10 Vouchers for bank code : apbank 001.040.043.342 PERMIT REFUND: SVFD-2020-0018 Total : 309.000.296.594 0296-CONSTRUCTION Total : 125.00 125.00 441,796.72 441,796.72 001.076.000.576 STATE OFTHE CITY LUNCHEON f60.00— Totar --160.00-- 001.076.305.575 TRADESHOW REGISTRATION: CAF 450.00 -- Total: __-450.00__ 001.033.000.518 SUPPLIES: PRECINCT, CITY HALL, 572.80 Total : 572.80 311.000.287.595 0287-UNIVERSITY ROAD PRESERI, 7,500,00 Total : 7,500.00 001.016.000.342 FARU REFUND: PAYMENT ID 7215E 65.00 Total : 65.00 402.402.000.531 EXPENSE REIMBURSEMENT 116.00 Total : 116.00 001.090.000.560 2020 ECO DEV GRANT REIMBURSE 25,000.00 Total : 25,000.00 001.011.000.511 001.011.000.511 EXPENSE REIMBURSEMENT EXPENSE REIMBURSEMENT Total : 624.88 396.84 1,021.72 Banktotal :T _ 476807:24 10 Vouchers in this report Total-vouchers-7 476,807 4 Page: -1— vch l ist 03/26/2020 1:53:53PM Voucher List Spokane Valley Bank code : pk-ref Voucher Date Vendor Invoice 8651 3/26/2020 007746 BAKER, JENICE 8652 3/26/2020 007747 BAYER, DAVID 8653 3/26/2020 007748 CHATHAM, ALAN 8654 3/26/2020 007749 CLARK, BROOKLYN 8655 3/26/2020 007750 COLVIN, ALEX 8656 3/26/2020 005447 CONTACTPOINTE INC 8657 3/26/2020 007751 CORCORAN, ROBERT 8658 3/26/2020 007774 EL KATIF SHRINE 8659 3/26/2020 007753 FAULKNER, ALEXANDER 8660 3/26/2020 007754 FUNK, LYAL 8661 3/26/2020 007755 GARCIA, JENNIFER 8662 3/26/2020 007756 GLASPEY, LAURA 8663 3/26/2020 007783 GREENACRES CONGREGATION OF Fund/Dept Description/Account Amount PARK REFUND 001.237.10.99 CANCELLATION: PARK REFUND 001.237.10.99 CANCELLATION: PARK REFUND 001.237.10.99 CANCELLATION: PARK REFUND 001.237.10.99 CANCELLATION: PARK REFUND 001.237.10.99 CANCELLATION: PARK RFUND 001.237.10.99 DEPOSIT REFUN PARK REFUND 001.237.10.99 CANCELLATION: PARK REFUND 001.237.10.99 CANCELLATION: PARK REFUND 001.237.10.99 CANCELLATION: PARK REFUND 001.237.10.99 CANCELLATION: PARK REFUND 001.237.10.99 CANCELLATION: PARK REFUND 001.237.10.99 CANCELLATION: PARK REFUND 001.237.10.99 MARCH SWING D Total : BALLROOM CLAS Total : PARTNER DANCIP Total : MARCH SWING D Total : BALLROOM CLAS Total : D: ROOM 110 Total : MARCH SWING D Total : BALFOUR PARK I. Total : PARTNER DANCIP Total : MARCH SWING D Total : PARTNER DANCIP Total : MARCH SWING D Total : DEPOSIT REFUND: FS LOUNGE 47.50 47.50 47.50 47.50 27.50 27.50 47.50 47.50 27.50 27.50 363.00 363.00 47.50 47.50 3,540.00 3,540.00 47.50 47.50 47.50 47.50 47,50 47.50 47.50 47.50 210.00 Page: ram' vchlist 03/26/2020 1:53:53PM Voucher List Spokane Valley f Page: ' —2---- Bank code : r k-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 8663 3/26/2020 007783 007783 GREENACRES CONGREGATION OF (Continued) Total : 210.00 8664 3/26/2020 007757 GUREL, LANCE PARK REFUND 001.237.10.99 DEPOSIT REFUND: ROOM FS 823.00 Total : 823.00 8665 3/26/2020 007758 HECK, SAMANTHA PARK REFUND 001.237.10.99 CANCELLATION: MARCH SWING D 27.50 Total : 27.50 8666 3/26/2020 007759 HICKMAN, COLEEN PARK REFUND 001.237.10.99 CANCELLATION: BALLROOM CLAS 27.50 Total : 27.50 8667 3/26/2020 007784 HORIZON CREDIT UNION PARK REFUND 001.237.10.99 CANCELLATION REFUND: ROOM 1 338.00 Total : 338.00 8668 3/26/2020 007760 JACKSON, JONATHON PARK REFUND 001.237.10.99 CANCELLATION: MARCH SWING D 47.50 Total : 47.50 8669 3/26/2020 007761 KELLMER, LYNN PARK REFUND 001.237.10.99 CANCELLATION: MARCH SWING D 27.50 Total : 27.50 8670 3/26/2020 007762 LANGFORD, LYNN PARK REFUND 001.237.10.99 CANCELLATION: MARCH SWING D 27.50 Total : 27.50 8671 3/26/2020 007763 LEWIS, LINDA PARK REFUND 001.237.10.99 CANCELLATION: MARCH SWING D 47.50 Total : 47.50 8672 3/26/2020 007764 LIND, MICHAEL PARK REFUND 001.237.10.99 CANCELLATION: PARTNER DANCIP 47.50 Total : 47.50 8673 3/26/2020 007765 LOWE, NONA PARK REFUND 001.237.10.99 CANCELLATION: MARCH SWING D 47.50 Total : 47.50 8674 3/26/2020 007766 MAY, BRIGID PARK REFUND 001.237.10.99 CANCELLATION: MARCH SWING D 47.50 Total : 47.50 8675 3/26/2020 007767 MERTENS, TOM PARK REFUND 001.237.10.99 CANCELLATION: MARCH SWING D 27.50 Total : 27.50 8676 3/26/2020 007785 MIKAMI, GLORIA PARK REFUND 001.237.10.99 CANCELLATION REFUND: ROOM 2 298.00 Page: �� vchlist 03/2612020 1:53:53PM Voucher List Page: Spokane Valley Bank code : pk-ref Voucher slate Vendor Invoice Fund/Dept Description/Account Amount 8676 3/26/2020 007785 007785 MIKAM4, GLORIA (Continued) Total : 298.00 8677 3/26/2020 007768 MONSON, DOUGLAS PARK REFUND 001.237.10.99 CANCELLATION: BALLROOM CLAS 47.50 Total : 47.50 8678 3/26/2020 007769 NELSON, MICHELLE PARK REFUND 001.237.10.99 CANCELLATION: MARCH SWING D 47.50 Total : 47.50 8679 3/26/2020 007786 PACWEST MACHINERY PARK REFUND 001.237.10.99 CANCELLATION REFUND: ROOM 1 1,004.00 Total : 1,004.00 8680 3/26/2020 007770 PEACOCK-CONKLIN, BENJAMIN PARK REFUND 001.237.10.99 CANCELLATION: BALLROOM CLAS 27.50 Total : 27.50 8681 3/26/2020 007787 RICHARDS, CALEB PARK REFUND 001.237.10.99 DEPOSIT REFUND: GREAT ROOM 500.00 Total : 500.00 8682 3/26/2020 007771 RIDENHOUR, JENN PARK REFUND 001.237.10.99 CANCELLATION: PARTNER DANCIF 47.50 Total : 47,50 8683 3/26/2020 007772 ROSS, ED PARK REFUND 001.237.10.99 CANCELLATION: MARCH SWING D 27.50 Total : 27.50 8684 3/26/2020 007773 RUCKER, SAMANTHA PARK REFUND 001.237.10.99 CANCELLATION: BALLROOM CLAS 27.50 Total : 27.50 8685 3/26/2020 007775 SIMMONS, DAN PARK REFUND 001.237.10.99 CANCELLATION: MARCH SWING D 55.00 Total : 55.00 8686 3/26/2020 007776 SPIRIT OF SPOKANE CHORUS PARK REFUND 001.237.10.99 CANCELLATION: GREAT ROOM 573.00 Total : 573.00 8687 3/26/2020 007777 STIMSON, RICHARD PARK REFUND 001,237.10.99 CANCELLATION: MARCH SWING D 27.50 Total : 27.50 8688 3/26/2020 007788 STOCKER, SARAH PARK REFUND 001.237.10.99 DEPOSIT REFUND: ROOM 213 52.00 Total : 52.00 8689 3/26/2020 007789 SURE FOUNDATION BAPTIST CHURCH PARK REFUND 001.237.10.99 DEPOSIT REFUND: GREAT ROOM 210.00 Page: '3� vchlist 03/2612020 1:53:53PM Voucher List Page: Spokane Valley Bank code : pk-ref Voucher Date Vendor Invoice 8689 3/26/2020 007789 007789 SURE FOUNDATION BAPTIST CHUh (Continued) 8690 3/26/2020 007778 TAIT, PETER 8691 3/26/2020 007779 THOBURN, SUZANNE 8692 3/26/2020 007790 TREVINO, CAROLINA 8693 3/26/2020 004214 WA VIRTUAL ACADEMY 8694 3/26/2020 007780 WAINSCOTT, FRANCES 8695 3/26/2020 007781 WHITE, JASON 8696 3/26/2020 007782 ZINGG, DEBRA 46 Vouchers for bank code : pk-ref 46 Vouchers in this report PARK REFUND PARK REFUND PARK REFUND PARK REFUND PARK REFUND PARK REFUND PARK REFUND Fund/Dept 001.237.10.99 001.237.10.99 001.237.10.99 001 .237.10.99 001.237.10.99 001.237.10.99 001.237.10.99 Description/Account Amount Total : 210.00 CANCELLATION: MARCH SWING D 95.00 Total : 95.00 CANCELLATION: BALLROOM CLAS 47.50 Total : 47.50 DEPOSIT REFUND: GREAT ROOM 1,809.00 Total : 1,809.00 CANCELLATION REFUND: LG MEE' 12,791.00 Total : 12,791.00 CANCELLATION: PARTNER DANCIt 47.50 Total : 47.50 CANCELLATION: BALLROOM CLAS 47.50 Total : 47.50 CANCELLATION: MARCH SWING, E 82.50 Total : 82.50 Bank total : 23,948.50 Total vouchers : 23,948.50 Page: vchlist 03/3012020 10:43:24AM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice Fund/Dept 50319 3/30/2020 007738 4IMPRINT INC 50320 3/30/2020 006614 AIR REPS LLC 50321 3/30/2020 000150 ALLIED FIRE & SECURITY 50322 3/30/2020 001081 ALSCO 50323 3/30/2020 007136 AMAZON CAPITAL SERVICES INC 5D324 3/30/2020 002594 ARC ELECTRIC & LIGHTING CORP 50325 3/30/2020 000334 ARGUS JANITORIAL LLC 50326 3/30/2320 002326 BATTERIES PLUS BULBS 50327 3130/2020 000918 BLUE RIBBON LINEN SUPPLY INC 50328 3/30/2020 004854 CAMTEK INC 50329 3/30/2020 001169 CITY OF SPOKANE VALLEY 8221735 0390981-IN 767611 LSPO2271518 LSPO2276289 RCPT961587 14PH-TH3G-H799 1XXL-1 PH9-7VCD PAY APP 2 1NV06791 P24674269 0144093 48247 Feb 14 2020 Feb 21 2020 Feb 6 2020 001.076.301.571 001.033.000.518 001.076.305.575 001.016.016.521 001.016.016.521 001.016.016.521 001.090.000.518 001.040.043.558 001.223.40.00 001.033.000.518 001. C 16.016.521 001.076.305,575 001.016.016.521 001.040.043.558 001.013.000.513 001.040.043.558 Description/Account Amount SUPPLIES: CENTERPLACE 931.97 Total: 931.97 REPAIR & MAINTENANCE SUPPLIES: C Total : SECURITY MONITORING AT CENTERP Total : FLOOR MAT SERVICE AT PRECINCT FLOOR MAT SERVICE AT PRECINCT CREDIT MEMO Total : SMALL TOOLS/MINOR EQUIP.: GEN'LG SMALL TOOLS/MINOR EQUIP. Total: POLICE PRECINCT GEN INSTALLATIOr Total : JANITORIAL SVCS: CITY HALL, PRECIP Total: BATTERIES FOR PRECINCT Total : LINEN SERVICE AND SUPPLY AT CENT Total: RELOCATE PANIC BUTTONS AND DOC Total : PETTY CASH: 19810, 11, 12, 13 PETTY CASH: 19814 PETTY CASH: 19808, 19809 389.09 389.09 144.32 144.32 24.49 8.40 -24.14 8.75 68.24 78.36 146.60 78,433.73 78,433.73 9,714.84 9,714.84 243.50 243.50 86.17 86.17 1,248.11 1,248.11 8.95 1.00 2.30 Page: ar vchlist 03/30/2020 10:43:24AM Voucher List Spokane Valley Page: Bank code : apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 50329 3/3012020 001169 001169 CITY OF SPOKANE VALLEY 50330 3/30/2020 007713 COCHRAN INC 50331 3/30/2020 004437 COMMUNITYATTRIBUTES INC 50332 3/30/2020 001770 CONSOLIDATED SUPPLY CO 50333 3/30/2020 007650 CONSTRUCTION SERVICES 50334 3/30/2020 000603 CONTRACT DESIGN ASSOCIATES INC 50335 3/30/2020 007592 DE EXPO & EVENT SERVICES 50336 3/30/2020 006327 DEVRIES MOVING PACKING STORAGE 50337 3/30/2020 000869 EVCO SOUND & ELECTRONICS 50338 3/30/2020 001993 FISCH, PETE 50339 3/30/2020 007036 JOHNSON CONTROLS FIRE 50340 3/30/2020 004926 LE CATERING CO 50341 3/30/2020 000157 MOAT, BRIAN (Continued) 5198701 2782 S009608451.001 2124-1-2020 46449 298348 90715 13180 EXPENSES 21477650 21516214 E02441 E02448 001.016.016.521 001.040.312.558 001.033.000,518 001.033.099.518 001.033.000.518 001.076.305.575 001.033.000.518 001.090.000.518 001.040.041.543 001.033.000.518 001.016.016,521 001.076.305.575 001.076.305.575 EXPENSES 001,033,000.518 Total: IT INSTALLATION FOR NEW FURNITUR Total: APPLEWAY TRAIL ECONOMIC IMPACT Total: REPAIR & MAINTENANCE SUPPLIES Total: COUNCIL CHAMBERS WALL REPAIR Total: OFFICE SUPPLIES: CITY HALL SUPPLIES FOR BRIDAL FAIR Total: Total : CUBICLE INSTALLATION: PRECINCT & Total: IT SUPPORT EXPENSE REIMBURSEMENT Total: Total: FIRE EXTINGUISHER SYSTEM SERVIC TEST/INSPECTION FIRE ALARM SYSTE Total: E02441: ACTION COACH E02448: INLAND EMPIRE GARDENERS Total : 12.25 1,698.84 1,698.84 2,972.50 2,972.50 36.12 36.12 48,541.29 48,541.29 17.54 17.54 25.59 25.59 3,959.94 3,959.94 370.27 370.27 52.85 52.65 190.00 991.00 1,181.00 895.66 205.60 1,101.26 EXPENSE REIMBURSEMENT 146.92 Page: �� vchlist 03130/2 020 10:43:24AM Voucher List Spokane Valley 2' Page: — 3 Bank code : apibank Voucher Date Vendor Invoice FundfDept 50341 3/30/2020 000157 000157 MOAT, BRIAN 50342 3/30/2020 004850 NAVIABENEFITSOLUTIONS, HRAPLAN 50343 3/30/2020 000652 OFFICE DEPOT INC. 50344 3/30/2020 000307 OFFICE OF THE STATE TREASURER 50345 3/30/2020 001860 PLATT ELECTRIC SUPPLY 50346 3/30/2020 000019 PURFECT LOGOS LLC 50347 3/30/2020 007745 SATTERLUND TESTING & 50348 3/30/2020 007743 SCHROEDER, TYSON 50349 3/30/2020 000709 SENSKE LAWN & TREE CARE INC. 50350 3/30/2020 000090 SPOKANE CO INFO SYSTEMS 50351 3/30/2020 000308 SPOKANE CO PROSECUTING ATTY 50352 3/30/202D 001969 SUNSHINE DISPOSAL (Continued) 10243540 450307060001 FEBRUARY 2020 0D16360 0E00234 0E65898 0E67733 52858 3187 EXPENSES 2019 Retainage 50319475 FEBRUARY 2020 1550821 001.018.016.518 001.013.015.515 001.016.000.589 001.040.043.558 001.016.016.521 001,016,016.521 001.076.3115.575 001.011.000.511 001.033.099.518 001.040.041.558 001.223.40.00 402.402.000.531 001.016.000.589 101.042.000.542 Description/Account Amount Total: FLEX SPENDING ADMINISTRATION Total: OFFICE SUPPLIES: LEGAL STATE REMITTANCE SUPPLIES FOR CITY HALL SUPPLIES SUPPLIES: PRECINCT SUPPLIES: CENTERPLACE NAME PLATES PROFESSIONAL SERVICES EXPENSE REIMBURSEMENT Total : Total: Total: Total: Total: Total: RETAINAGE RELEASE: 2019 PARK MAI Total : COUNTY IT SUPPORT FEBRUARY 202( Total : CRIME VICTIMS COMPENSATION REM Total: 146.92 392.00 392.00 371.14 371.14 28,225.79 28,225,79 592.56 772.65 245.86 117.94 1,729.01 304.92 304.92 5,428.72 5,428.72 139.16 139.16 36,753.56 36,753.56 13,1362.60 13,862.60 403.32 403.32 TRANSFER STATION CPW FEB 2020 814.22 Total: 814.22 Page: 2� vchlist Voucher List 03/30/2020 10:43:24AM Spokane Valley Page: '4-- Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 50353 3/30/2020 007159 THE HOME DEPOT PRO 537176307 001,033,000.518 SUPPLIES FOR CITY HALL 164.44 539651596 001,033,000.518 SUPPLIES FOR CITY HALL 312.49 Total: 476.93 50354 3/30/2020 003649 TROPHIES UNLIMITED 899594 001.076.000.576 NAME TAGS FOR CENTERPLACE 31.04 Total : 31.04 50355 3/30/2020 000964 VOLT MANAGEMENT CORP 43340531 001.090.000.518 HELP DESK TEMP 1,054.72 Total : 1,054.72 50356 3/30/2020 007231 WESTERN EXTERMINATOR COMPANY 2288718 001.016.016.521 PEST MGMT SERVICES AT PRECINCT 189.49 2288720 001.033.000.518 PEST MGMT SERVICES AT CITY HALL 161.17 Total : 350.66 50357 3/30/2020 001792 WHITEHEAD, JOHN EXPENSES 001.090.000.517 EXPENSE REIMBURSEMENT 791.02 Total: 791.02 50358 3/30/2020 007744 WING, LINDA BLD-2020-0959 001,040,043.345 BLD-2020-0959 PERMIT OVERPAYMEN 127.10 Total : 127,10 40 Vouchers for bank code : apbank Bank total : 242,719.36 40 Vouchers in this report Total vouchers : 242,719.36 Page: 4f vchlist 04/02/2020 8:29:08AM Voucher List Spokane Valley %/ Page: Bank code : pk-ref Voucher Date Vendor Invoice Fund/Dept 8697 4/2/2020 007797 BORDWELL, JEFF 8698 4/2/2020 007798 BRADY, RHONDA 8699 4/2/2020 007799 CENTRAL SPANISH CONGREGATION 8700 4/2/2020 007800 CEREGHINO, JASMINE 8701 4/2/2020 007752 CORONES. LOU 8702 4/2/2020 007754 FUNK, LYAL 8703 4/2/2020 007801 MARSHALLESE RESTORATION CTR 8704 4/2/2020 007802 MOLSNESS, LINDA 8705 4/2/2020 007653 PACIFIC CATARACT & LASER 8706 4/2/2020 007803 SCLERODERMA FOUNDATION 8707 4/2/2020 007804 SIMONSEN, CHRISTINA 8708 4/2/2020 007805 STANNARD, CINDY 8709 4/2/2020 007806 STONE, VERONICA PARK REFUND PARK REFUND PARK REFUND PARK REFUND PARK REFUND PARK REFUND PARK REFUND PARK REFUND PARK REFUND PARK REFUND PARK REFUND PARK REFUND PARK REFUND 001.237.10.99 001.237.10.99 001.237.10.99 001.237.10.99 001.237.10.99 001.237.10.99 001.237.10.99 001.237.10.99 001.237.10.99 001.237.10.99 001.237.10.99 001,237.10.99 001.237.10.99 Description/Account Amount CANCELLATION REFUND: FIRESIDE L( Total : CANCELLATION REFUND: APRIL SWIN Total : DEPOSIT REFUND: GREAT ROOM Total : CANCELLATION REFUND: APRIL BALL! Total: CANCELLATION: MARCH SWING/PART Total: REFUND. MARCH SWING DANCE Total : CANCELLATION REFUND: GREAT ROC Total: CANCELLATION REFUND: ROOM 111 Total : CANCELLATION REFUND: ROOM 112 Total: CANCELLATION REFUND: MIRABEAU r Total : CANCELLATION REFUND: APRIL DANC Total : CANCELLATION REFUND: APRIL SWIN Total : 1,204.00 1,204.00 95.00 95.00 210.00 210,00 95.00 95.00 82.50 82.50 47.50 47.50 1.678.00 1,678.00 228.00 228.00 547.00 547.00 508.00 508.00 95.00 95.00 95.00 95.00 CANCELLATION REFUND: GREAT ROC 500.00 Page:_ vchlist Voucher List 04/02/2020 8:29:08AM Spokane Valley Page: Bank code : pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 8709 4/2/2020 007806 007806 STONE, VERONICA (Continued) Total: 500.00 8710 4/2/2020 007807 THOMPSON, KIMBERLY PARK REFUND 001.237.10.99 CANCELLATION REFUND: APRIL DANC 95.00 Total: 95.00 8711 4/2/2020 007809 WACA PARK REFUND 001.237,10.99 CANCELLATION REFUND: MEETING Ri 2,904.00 Total : 2,904.00 15 Vouchers for bank code : pk-ref Bank total : 8,384.00 15 Vouchers in this report I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim. Finance Director Date Council member reviewed: Mayor Date Council Member Date Total vouchers : 8,384.00 Page: �'� vchIist 04/0712029 8:46:12AM Voucher List Spokane Valley Page: 1 Bank code: apbank Voucher Date Vendor Invoice 50365 4/7/2020 001107 ADVANCED TRAFFIC PRODUCTS 50366 4/7/2020 000444 ARCTIC LIGHTING & ELECTRIC 50367 4/7/2020 007705 CT NORTHWEST 50368 4/7/2020 003297 HIGGINS, LEWIS ROD 50369 4/7/2020 000910 MANTZ, GLORIA 50370 4/7/2020 003133 SHAMROCK MANUFACTURING INC 50371 4/7/2020 000001 SPOKANE CO TREASURER 50372 4/7/2020 000405 SPOKANE VALLEY PARTNERS 50373 4/7/2020 007812 SWIFT, CAROL 50374 4/7/2020 000780 UNION PACIFIC RR CO 50375 4/7/2020 002960 WICK, BEN 50376 4/7/2020 000842 WM WINKLER COMPANY 0000026395 746-1 KI032008 KI032014REV EXPENSES EXPENSES 8063 42000719 42000720 04-07-2020 55082.0130 Folder #0306382 EXPENSES PAYAPP 1 Fund/Dept 101.042.000.594 001.223.40,00 101.042.000.542 303.000.259.595 001.011.000.511 001.040.041.543 101.042.000.542 001.016.000.554 001.016.000.554 001.090.099.560 303.000.275.595 303.000.259.595 001.011.000.511 309.000.304_594 DescriptionlAccount Amount DETECTION EQUIPMENT - SULLIVAN/it Total : Total : Total : Total : Total : Total : RETAINAGE RELEASE SIGNAL CONTROLLERS 0259-SIGNAL EQUIPMENT EXPENSE REIMBURSEMENT EXPENSE REIMBURSEMENT COLD MIX ANIMAL CONTROL SERVICES FEBRU4 1ST HALF OF DEBT SERVICE Total : COVID-19 EMERGENCY SOCIAL SERVI Total: CIP 275: BARKER RD WIDENING Total : CIP 0259 - WIRELINE CROSSING AGRE Total: EXPENSE REIMBURSEMENT Total 13,596.76 13,596.76 653.40 653.40 11,769.37 26,472.61 38,241.98 65.96 65.96 18.89 18.89 2,288.42 2,288.42 21,792.39 22,500.00 44,292.39 25, 000.00 25,000.00 1,850.00 1,850.00 2,500.00 2,500.00 22.50 22.50 0304-CONSTRUCTION CONTRACT 156,461.65 Page: �- vchlist Voucher List Page: /L�� 04107/2020 8:46:12AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 50376 4/7/2020 000842 000842 WM WINKLER COMPANY (Continued) Total : 156,461.65 50377 4/7/2020 007813 YOUNGS, JULIE 55064.0610 303.000.313.595 CIP 0313: EASEMENT PARCEL 55064.01 1,560.00 Total : 1,560.00 9400202 3/31/2020 000001 SPOKANE CO TREASURER 9290201715 001.016.000.521 LE CONTRACT MARCH 2020 1,714,674.00 Total : 1,714,674.00 9420733 4/3/2020 000001 SPOKANE CO TREASURER MARCH 2020 001.016.000.512 SPOKANE COUNTY SERVICES 188,504.88 Total : 188,504.88 15 Vouchers for bank code : apbank Bank total : 2,189,730.83 15 Vouchers in this report Total vouchers : 2,189,730.83 I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify said claim, Finance Director Date Council member reviewed: Mayor Date Council Member Date Page: 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 14, 2020 Department Director Approval : Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Pay Period Ending March 31, 2020 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Budget/Financial impacts: Employees Council Total Gross: $ 320,496.12 $ 10,265.00 $ 330,761.12 Benefits: $ 196,327.80 $ 12,249.91 $ 208,577.71 Total payroll $ 516,823.92 $ 22,514.91 $ 539,338.83 RECOMMENDED ACTION OR MOTION: Move to Approve above payroll. [Approved as part of the Consent Agenda, or may be removed and discussed separately.] STAFF CONTACT: Raba Nimri DRAFT MINUTES SPOKANE VALLEY COUNCIL REGULAR MEETING FORMAL FORMAT Spokane Valley City Hall Council Chambers Spokane Valley, Washington March 10, 2020 Mayor Wick called the meeting to order at 6:00 p.m. Attendance: Councilmembers Staff Ben Wick, Mayor Brandi Peetz, Deputy Mayor Tim Hattenburg, Councilmember Rod Higgins, Councilmember Arne Woodard, Councilmember Absent: Pam Haley, Councilmember Linda Thompson, Councilmember Mark Calhoun, City Manager John Hohman, Deputy City Manager Cary Driskell, City Attorney Erik Lamb, Deputy City Attorney Chelsie Taylor, Finance Director Adam Jackson, Planning/Grants Engineer Morgan Koudelka, Sr. Admin. Analyst Bill Helbig, City Engineer Christine Bainbridge, City Clerk INVOCATION: Pastor Mike Munzo of Genesis Church gave the invocation. PLEDGE OF ALLEGIANCE Council, staff, and the audience stood for the Pledge of Allegiance. ROLL CALL City Clerk Bainbridge called the roll; all Councilmembers were present except Councilmembers Haley and Thompson. It was moved by Councilmember Woodard, seconded and unanimously agreed to excuse Councilmembers Haley and Thompson. APPROVAL OF AGENDA It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to accept the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS Councilmember Woodard: mentioned the second annual Meals on Wheels walk-a-thon was held in the mall and that it was well attended. Councilmember Hattenburg: gave a brief update on some of the senate budget items, in particular a proposal by Senator Padden for allotting $70,000 for the Valley Museum, adding that the appropriation is not finalized; send he met with the Yakima Mayor and shared our ordinance in opposition to a city income tax; said concerning the performance and evaluation of the STA (Spokane Transit Authority), that staff members are taking precautions to keep the buses sanitized. Deputy Mayor Peetz: reported that she attended a Chamber meeting where they mentioned they are examining a brand refresh as well as a new location; said she attended the transportation coalition meeting where they discussed pavement management; said GSI (Greater Spokane, Inc.) has a tool to reach out to legislators to get our voice heard more often, and they will be looking at using that again in the next legislative session; said she attended a 5g forum at Gonzaga where some people voiced concerns with 5G posing a significant health risk; said the Town of Millwood gave a presentation about widening being done on Argonne; and said she went to a McDonald's ribbon cutting on Havana. Councilmember Higgins: said he attended a MICA Peak School award ceremony and received an award for being a supporter; went to the Clean Air Board meeting and said that our air has been remarkably clean this winter, and he mentioned that the CEO of that Board is resigning due to family matters and will be moving to Wisconsin so a search will begin soon for her replacement; and that he and Councilmember Woodard attended an Aging & Long Term Care briefing on things they do and what they supply. Regular Formal Council Meeting: 03-10-2020 Page 1 of 5 Approved by Council: DRAFT MAYOR'S REPORT Mayor Wick explained that he attended a Chamber presentation that included the 2020 priorities for our city which also used several slides from our 2019 Accomplishments Report; said he received a letter from the Good Roads Association about our street maintenance program and of the upcoming construction projects; he spoke about issues associated with the State Transportation Commission and that the Eastern Washington representative resigned from that commission; said he is this year's Chair of the Health District Board and there have been many updates and discussions on the COVID-19 virus as everyone works to make sure we are ready, and he spoke about testing at the medical schools and that as more people get tested, we will see more cases; said there will be an upcoming appointment to the Human Rights Task Force and if anyone is interested in serving, applications need to be submitted to the City Clerk by March 18. PROCLAMATION n/a 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of claim vouchers on March 10, 2020, Request for Council Action Form Total: $515,719.55 b. Approval of Payroll for Pay Period Ending February 29, 2020: $515,592.72 c. Approval of Radio Controlled Car Club License Agreement d. Approval of Council Meeting Minutes of February 11, 2020 Special Meeting, Workshop e. Approval of Council Meeting Minutes of February 18, 2020 Study Session Format f. Approval of Council Meeting Minutes of February 25, 2020 Formal Meeting Format It was moved by Councilmember Hattenburg, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 2. Motion Consideration: Street Maintenance Contract — John Hohman It was moved by Deputy Mayor Peetz and seconded to award the Street and Stormwater Maintenance and Repair Services contract to Poe Asphalt Paving Inc. in an amount not to exceed $1, 500, 000 and authorize the City Manager to finalize and execute the contract. After Deputy City Manager Hohman went over the background of the contract as noted in his Request for Council Action form, Mayor Wick invited public comment; no comments were offered. Mr. Hohman also noted that the percentage increase from last year is just a little over 3% and is mostly centered on equipment operators and is also controlled by the prevailing wage rates; he noted that the equipment and materials have stayed the same. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. PUBLIC COMMENTS: After explaining the process, and before inviting public comment, Mayor Wick mentioned that there has been some talk and he and members of Council have received e-mails and letters about moving the seniors from their current location at CenterPlace. Mayor Wick said that there is no plan to move the seniors from the Senior Center at CenterPlace; that it has not been brought up for Council discussion on any agenda, and that he also spoke with the Library Director who confirmed this topic is not on their agenda either. Mayor Wick then invited general public comment. Ms. Barb Howard, Spokane Valley: regarding the sculptures, said she worries about kids climbing on the Heart of the Valley and If I Could Fly sculptures and that it seems like they could be a hazard to kids unless the sculptures are encased somehow; also mentioned the woman who got hit with a golf disc and ended up getting stitches. Ms. Pam Orne, Spokane Valley: she read a prepared statement about the Spokane Valley Senior Center and of the idea of the seniors having to move; and she spoke about the advantages of their current place as well as the disadvantages if they had to move. Ms. Jeannete Knoblock, Spokane Valley: she also expressed concern about the Senior Center and she asked why the Mayor spoke to the library board is this is not being discussed. After she read her prepared statement in opposition to such a move, Mayor Wick said he spoke with the Library Board member because Regular Formal Council Meeting: 03-10-2020 Page 2 of 5 Approved by Council: DRAFT there were so many letters about this being a topic, and he wanted to make sure it was also not a topic of the Library's, and it is not, so he was just getting clarification for night's meeting. Mr. Larry Murdza, Spokane Valley: said he is the current president of the Spokane Valley Senior Center Association, and that members have expressed concern over a possible move to the library; said it is his understanding that City Officials claim there is no move in the works; he referenced a Spokesman Review article that did make such reference so his membership is skeptical; he read his prepared letter about the detriments of such a move, and handed the City Clerk several petitions against such a move. Ms. Diana Wilhite, Spokane Valley: said she was on the Council when the City formed and she mentioned the prior senior center which was ultimately deemed uninhabitable, and of the idea that CenterPlace would be a great place for seniors; said she started getting phone calls about a move and about seniors having to be moved; said she suggested those people verify the idea as people who were speaking about such a move, were incorrect and falsely reporting such plan; said she was assured there is no plan to move the seniors from their current location, and in fact, the City could not move the seniors into the library without the County's approval as the library is part of the County; she also noted the County is not planning on or supporting such a move, as there is no such move in the works. Mr. Bill Gothmann, Spokane Valley: he spoke about the Cycle Celebration in connection with Valleyfest and he invited Council to participate in the bike ride; said the celebration will be held July 26th this year and they are asking corporations to get a team together, and said that he contacted Mayor Wick and several staff members about such an endeavor. Mr. John Horner, Liberty Lake: said he grew up here, moved away and just recently came back and now lives in Liberty Lake; said he finds our Senior Center to be a wonderful resource. Mr. John Harding, Spokane Valley: spoke about his concern about the long range potential economic impact in our region relative to this COVID-19 virus; said it appears it is just starting to bloom and he suggested maybe putting some projects on hold until we can get a better read on how this virus will impact our economy; said he realizes we have reserves and thinks it would be a good idea to wait on some projects; and said that the virus is expected to peak in six to eight weeks. There were no further public comments. There was brief Council discussion about the topic of the senior center and mention that the library is County property so this Council does not have any control on what goes on in that building. Councilmember Woodard said he and Councilmember Higgins met with the Library Board previously and at one point in the past he, Councilmember Woodard, suggested since the library hadn't been able to pass a bond, that maybe the Library and the City could partner and put the senior center at the new library; he said the old library building was never discussed. Mayor Wick said this Council's process is to make decisions as a group and no one person can put forward an idea for a future meeting. Councilmember Hattenburg noted he too received phone calls, and he read an article from the Spokesman Review that mentioned the trail, and also mentioned a senior center, but that was all. Mayor Wick asked and Councilmembers confirmed that no one on Council wants to add this for a future discussion. ADMINISTRATIVE REPORTS: 3. Potential Grant Opportunity (BUILD) — Adam Jackson Prior to moving through the PowerPoint presentation, Deputy City Manager Hohman explained that staff is not asking for an opinion tonight as they introduce the topic; he mentioned the BUILD (Better Utilizing Investments to Leverage Development) grant opportunity coming up with applications due in May; said usually staff would make a presentation on a recommended project and wait for the approval to move forward, but he explained that this year is different; he said staff wants to discuss with Council about which project to apply for and to look at both applications and programs and begin dialogue as there are multiple scenarios to consider when evaluating which project may be best suited for the BUILD program; or to make changes to the INFRA (Infrastructure for Rebuilding America) project and make it fit for the BUILD grant; or not to go forward at this time and perhaps support an application from a regional partner. Mr. Jackson went through the PowerPoint explaining what kind of projects can be supported by a BUILD grant; he then explained some of the funding details, application considerations and grant eligibility requirements for the three projects: Pines Road/BNSF grade separation project; Bigelow -Sullivan Corridor project; and the Spokane County Bigelow Gulch project. Mr. Jackson stated that if Council desires, staff Regular Formal Council Meeting: 03-10-2020 Page 3 of 5 Approved by Council: DRAFT will come back in a few weeks to give Council an opportunity to consider which project to apply for; and he noted again that applications are due May 18, 2020, and that funds must be obligated by September 30, 2022. Discussion ensued about the options and the projects with Mr. Jackson noting on the Pines Project, that we would likely need to provide some work to show what we've done; and Mr. Hohman added that we'd have to discuss with the County if they'd prefer a combined BUILD application, and if that were the case, we would also have to discuss additional funding, and that we don't have to introduce our project versus someone else's in the region, as then we'd have to split the support. The additional traffic issue with the Bigelow Gulch was also mentioned, and Mayor Wick added that perhaps we should wait to see the outcome of the state budget. Other comments included waiting to see what other jurisdictions have, then come back. Mr. Jackson said we are still planning on having both projects on the flyer that will be taken to Washington, D.C., and could successfully promote projects, adding that we want to get as much grant money as we can. Mr. Calhoun suggested waiting to see what the state does and come back in a few weeks, which will still give engineering time to complete an application if that is Council's desire. Mr. Hohman said he will also coordinate these issues with Spokane County. There was consensus to come back in a few weeks, April at the earliest, to further discuss this issue. 4. Arts Council Sculpture Donations, Potential Locations — Mike Stone Prior to Parks & Recreation Director Stone going through his PowerPoint presentation, he stated that he is not seeking a decision tonight, although would appreciate some direction or guidance, and would return later for more definitive action. Mr. Stone went over the history of the already accepted art sculpture donations and their placement; and that the Indomitable Spirit, Rock Star, and Huckleberry Daze sculptures have been accepted but placements have not yet been determined; he noted a possible place for the Indomitable Spirit is the CenterPlace West Lawn, and possible place for the Huckleberry Daze sculpture is Greenacres Park; said the Indomitable Spirit might also be placed at the trailhead in a prominent and highly visible spot; and that he is open for suggestions on the Rock Star sculpture. Discussion included mention of placing sculptures in high traffic areas; of the idea of placing sculptures in storage, especially while waiting for the completion of the West Lawn, or a more suitable location presents itself; and mention of costs for landscaping, lighting, and electricity. Deputy Mayor Peetz asked about placing the Huckleberry Daze at or near Central Valley School; said she is not opposed to Greenacres Park but someone from the Central Valley School District mentioned the bear sculpture, and she suggested perhaps a partnership. Mayor Wick said he also thinks the school would be a good place and suggested staff contact them for their input. It was mentioned that landscaping would provide a buffer and hopefully a deterrent for kids to climb the sculptures. Mr. Stone said it has not been an issue in the past, and mentioned he does not want to place the art pieces behind a screen or fence. It was determined that this will come back to Council for a final decision at a later date. 5. SHB 1406 Potential Uses: Encouraging Affordable & Supportive Housing Investments — Morgan Koudelka Mr. Koudelka asked Council to keep in mind that Substitute House Bill 1406 is designed to increase the stock of affordable housing and address those needs; he noted the bottleneck is the lack of affordable housing; said the bill is not designed to support buildings or operations of shelters, but speaks of possible funds available; said he met with the City of Spokane and Spokane County and the County wants to collaborate regional partnerships and pursue funding for a regional youth shelter as there are an estimated 3,000 homeless youths; he noted he will keep Council informed on how those discusses progress, but tonight he will be seeking Council's ideas on how to support such a regional shelter. Mr. Koudelka explained that in 2019, the Legislature approved SHB 1406, authorizing local jurisdictions to receive a rebate on a portion of the state sales tax and use the proceeds to provide affordable housing; that Council has adopted a resolution of intent as well as an enabling ordinance; and because the City does not have an accompanying qualifying tax, the City is limited to collecting .0073% of the sales tax, and that the overall sales tax rate does not increase. He went on to explain about how much funding it would provide; Regular Formal Council Meeting: 03-10-2020 Page 4 of 5 Approved by Council: DRAFT that the amount would be capped and subject to sales and use tax for state fiscal year 2019-20, which would give us an estimated $207,876, and over a 20-year period we could see as much as $4,157,524; he gave definitions for affordable housing and supporting housing, and explained allowed uses for all cities; and said that for cities with populations under 100,000, it would provide tenant rental assistance. Mr. Koudelka noted that option 1 would include acquisition, rehabilitation, and construction; option 2 would include operations and maintenance costs of new units of supportive or affordable housing; and option 3 would provide rental assistance to tenants in cities with populations under 100,000. Mr. Koudelka explained that with this option, it would be likely the City would contract with an agency since our City does not have staffing resources or expertise to manage such a program; he noted that Family Promise provides vouchers to families with minor children. He also noted that the Housing Authority partners with many agencies such as Catholic Charities, Frontier Behavioral, and Volunteers of America to provide vouchers through a referral program; and that if Spokane Valley Partners were to administer such a program, they would likely have to add staff. Further, Mr. Koudelka explained that staff is currently conducting outreach and gathering information about Spokane Valley homeless, needs, obstacles, and gaps; that Spokane will provide Point -in -Time Count results later this month; and that he hopes to present preliminary findings to Council mid -year along with some options to consider, and begin the development of long-term goals. Mr. Koudelka said that next steps include Council identifying preferences for the use of SHB 1406 Funds; that staff will continue to explore options, providers, and costs associated with these options, and that staff will report back to Council with details so Council can move toward a final determination. Further discussion ensued regarding the idea of regional collaboration with questions about who would be the lead agency; that there aren't enough housing units with the amount of vouchers given; the idea if we partnered with Spokane Valley Partners that they would likely need more staff; that option 2 would be for permanent supportive housing and not just regular affordable housing; the issue of rental support and working with owners of existing facilities to reduce rent; and of the need for further research to come up with ideas on how to help people stay in a unit. It was also noted that there is a proposed bill in the works to clarify some of the issues. Mayor Wick mentioned the Hutton Settlement or similar program might come into play on this issue. Partnerships was again mentioned and that by so partnering, we might be better able to leverage larger projects. Mr. Calhoun noted that we are setting up a special revenue fund to keep those funds separate; and Mr. Koudelka agreed to explore further on the idea of regional partnerships. 6. Advance Agenda - Mayor Wick Councilmember Woodard suggested inviting a representative from Aging & Long Term Care to give an update on their services, and what we get for our $12,000. There were no objections. Mr. Calhoun said he will contact the agency. CITY MANAGER COMMENTS Mr. Calhoun had no further comments. It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:33 p.m. Attest: Ben Wick, Mayor Christine Bainbridge, City Clerk Regular Formal Council Meeting: 03-10-2020 Page 5 of 5 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Study Session Format Tuesday, March 17, 2020 Mayor Wick called the meeting to order at 6 pm. Ben Wick, Mayor Brandi Peetz, Deputy Mayor Pam Haley, Councilmember Tim Hattenburg, Councilmember Rod Higgins, Councilmember Linda Thompson, Councilmember Arne Woodard, Councilmember Mark Calhoun City Manager John Hohman, Deputy City Manager Cary Driskell, City Attorney Erik Lamb, Deputy City Attorney Mike Stone, Parks & Rec Director Mark Werner, Police Chief Bill Helbig, Senior Engineer Jenny Nickerson, Building Official John Whitehead, Human Resources Manager Carrie Koudelka, Deputy City Clerk ROLL CALL: Deputy City Clerk Koudelka called the roll; all Councilmembers were present. APPROVAL OF AMENDED AGENDA: It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS la. Spokane Regional Health District Update - Mayor Wick Mayor Wick invited Dr. Lutz, County Health Officer, to present information on the COVID-19 virus. Dr. Lutz began by asking people to take this very seriously; he said the spread of the virus started subtly but as it progresses, he is becoming more concerned. Dr. Lutz went over the slide presentation and explained that life will be different over the next weeks and likely over the next months, and said it will take months to determine whether we are successful in limiting the curve; he noted the majority of people infected by COVID-19 have mild to no symptoms, but also noted the weekly statistics from the CDC of hospital visits and hospitalizations, and mentioned some of the goals of the NPI (no pharmaceutical interventions), such as increased handwashing, improved respiratory hygiene, enhanced social distances, and frequently cleaning and disinfecting high -touch and common surfaces. Dr. Lutz also went over targeted closures such as concerts, sporting events, houses of worship, and theaters, and schools, workplaces, shopping malls, restaurants, gyms and restaurants; he mentioned the Governor's proclamation instituting a two -week closure, or through March 31, 2020, of restaurants, bars, and coffee shops, as well as entertainment and non -essential services like theaters and fitness centers, and that there are to be no gatherings of more than 50 people, with smaller gatherings following social distancing recommendations. Lengthy discussion included infection data and mortality rates; flattening the curve; average median time of showing symptoms between two and fourteen days, and that some people can be infected but not be aware of it as they might not have any symptoms; that the major symptom is shortness of breath and fever; limited testing as well as testing labs processes, and that people who test positive should self -isolate. Council thanked Dr. Lutz for his informative presentation. ACTION ITEMS: lb. Resolution 20-005 Ratifying City Manager Emergency Proclamation - Mark Calhoun It was moved by Deputy Mayor Peetz and seconded to approve Resolution 20-005 declaring an emergency relating to the COVID-19 pandemic. City Manager Calhoun explained that yesterday, he issued an emergency declaration and that it must now be ratified by Council; he said that this resolution will relax the Council Meeting Minutes: 03-17-2020 Page 1 of 4 Approved by Council: DRAFT procurement rules for entering into contracts, and authorizes the City Manager to amend City programs and close facilities; he noted that we have closed the Senior Center through April 24, as well as parks programs including the Arbor Day celebration; in conjunction with this emergency, and to aid citizens and encourage online purchasing of permits, he said the City will waive the fee for credit card payments. Mr. Calhoun said he met with directors and we are encouraging staff to work from home; that he will continue the operations with approximately half of our normal workforce working from home, and half in the office, and that those staff members will rotate; he also noted that the west entrance to City Hall will be locked and the only access to the building will be through the east doors as the intent is to have very few people in the lobby; he said staff will do our best to continue the high level of service to the community. Mayor Wick encouraged citizens to e-mail citycouncil(aspokanevalley.org to give public comments if they don't want to attend meetings in person; he also noted that Meals on Wheels needs drivers and he encouraged younger people to volunteer. Mayor Wick invited public comment. Ms. Barb Howard, Spokane Valley: she rhetorically asked why it has taken until tonight before doing anything when an emergency was declared last February. There were no further public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. City Manager Calhoun stated that if the City's service hours change, he will let Council and the public know through our website and social media. lc. First Reading Ordinance 20-004 Substitute Social Security Plan Rates - John Whitehead It was moved by Deputy Mayor Peetz and seconded to suspend the rules and approve Ordinance 20-004 amending SVMC 2.50.100 relating to Social Security and Medicare, after which Deputy City Clerk Koudelka read the ordinance title. Human Resources Manager Whitehead explained that employees contribute to FICA (Federal Insurance Contributions Act) and Medicare; and that in 2003 the City opted to participate in a 401A Retirement plan as a substitute to social security; that Council sets the rates contributed by employee and employer to be in line with federal rates, and that at times, the federal rate can change; he said because our rate is tied together, if the rate of the employee is reduced, the unintended consequence would be that at the time of retirement, there would be is less retirement funds. He further explained that the ordinance sets out that if the federal rates change, our rates would stay the same. Mayor Wick invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. ld. Motion Consideration: WSDOT Land Acquisition - Cary Driskell It was moved by Deputy Mayor Peetz and seconded to authorize City Staff to finalize and execute any documents necessary to acquire Spokane County parcel numbers 55072.0324, 55072.0318, 55072.0319, and 5075.0218 from the Washington State Department of Transportation for parks and recreation purposes. There was Council discussion about not making this purchase at this time and to conserve our resources, with Councilmember Woodard stating he wanted to postpone the purchase. Mayor Wick asked Mr. Driskell about options such as putting down earnest money to hold the purchase. City Attorney Driskell replied that this is late in the game and he did not anticipate this conversation; that there could be options but he doesn't know the urgency on the part of the Washington State Department of Transportation (WSDOT); said this was surplus property and there could be other interested buyers. Discussion continued including discussion about which funds would be used. City Manager Calhoun said the budget has been adopted with anticipated revenues exceeding expenditures and in general, that we have adequate reserves to purchase this property. There was also discussion about this prime real estate and that there may not be another opportunity for this kind of land purchase. Mayor Wick invited public comment. Deputy City Clerk Koudelka mentioned a comment received via e-mail from Mr. Kevin Anderson who voiced his opposition to the purchase. Ms. Barb Howard, Spokane Valley: said she would like to go back to WSDOT to see if there are other options before such a purchase is made. There were no further public comments. Councilmember Haley said she spoke with citizens who are concerned about the purchase; and that she too would like to go back to WSDOT to see if we can work out something. Deputy Mayor Peetz said she would like to go back to WSDOT before voting on this purchase, and Councilmember Woodard agreed, and said this is a great piece of property and he doesn't want to jeopardize our ability to purchase this. Council Meeting Minutes: 03-17-2020 Page 2 of 4 Approved by Council: DRAFT Mr. Driskell explained that he can speak with WSDOT but needs further Council direction as to how much time we are thinking about; said the draft contract said a payment would be made within 60 days, so he is not sure how long they would be willing to wait for a commitment by the City. Councilmember Thompson said she thinks WSDOT would be open to a delay. Based on the discussion, Mr. Driskell suggested the maker of the motion withdraw the motion. Deputy Mayor Peetz withdrew her motion and there were no objections. NON -ACTION ITEMS: 2. Code Text Amendment, Fencing - Jenny Nickerson Building Official Nickerson went through her PowerPoint presentation showing the proposed changes to the fence height regulations; specifically that in residential zoning districts, fence height would be changed from a maximum of eight feet, to a maximum of six feet, however, the City Manager could grant an administration exception for a fence of more than six feet in height, but no more than eight feet in height where associated with a permitted non-residential or multi -family use in a residential zoning district, and where necessary for the public safety, security, or screening purposes. Ms. Nickerson explained that there is also a question of how the height is to be measured; and by allowing a fence to be measured from the finished grade elevation immediately adjacent to the fence, as opposed to including the height of a retaining wall or lower elevation of a slope, developers and homeowners would have the opportunity to have a fence using standard construction methods and materials, and this would also render the need to allow a fence taller than six feet unnecessary in the residential zones. Following discussion about the verbiage in the proposed amendment and whether to have the height six or eight feet, Council decided to stay with the eight feet in the residential zones to address security and safety needs which are commonly associated with residential uses such as swimming pool barriers and garden enclosures. Ms. Nickerson said staff will make those changes and bring this forward for a first ordinance reading. 3. Planning Commission Rules of Procedure - Jenny Nickerson Building Official Nickerson noted that the Planning Commission reviewed the current Rules of Procedure and recommended additional revisions, and she now presents the final recommended version to Council. After brief discussion, there was Council consensus to place a resolution on the March 24 council agenda for Council adoption consideration. Mayor Wick called for a recess at 7:40 p.m.; he reconvened the meeting at 7:45 p.m. 4. Tree City USA - Mike Stone Parks & Recreation Director Stone went through his PowerPoint presentation explaining the requirements of becoming a designated Tree City USA; he noted some of the benefits to becoming a Tree City USA, and went over the four requirements, i.e.: we must have a department or tree board, adopt a tree care ordinance, have a community forestry program with an annual budget of at least $2 per capita, and have an Arbor Day proclamation and observance; he also noted the designation requires an annual renewal application. Mr. Stone said that if Council wishes to pursue this, he recommends designating a department to oversee and manage the City's urban forest, to draft a simple ordinance, have an Arbor Day proclamation and celebration, hire a consultant to develop a forestry management plan, and he also recommended tracking expenditures throughout the year and submitting an application in late 2020. There was talk about the utility companies, and a question arose if we would need additional staff. Mr. Stone said the duties would be handled in house and with a consultant if necessary. Councilmember Thompson said she likes the idea of a tree board and Councilmember Woodard said if we do proceed, it should be done with caution, especially if we did use a tree board. There was Council consensus to move Council Meeting Minutes: 03-17-2020 Page 3 of 4 Approved by Council: DRAFT this forward to have the program handled in-house, to draft an ordinance, and to use volunteers but not necessarily a tree board. 5. Advance Agenda — Mayor Wick Councilmember Higgins said he would like staff to look into getting funding for more flashing beacons as there are schools that don't have them. Deputy City Manager Hohman explained that typically we have received the equipment through the schools and they are put in place by the County; he also noted he can look at getting an inventory from the schools and bring back a report to Council. Councilmember Thompson mentioned parks and Mr. Hohman said he will look into that as well; he also noted these are traffic control devices and certain guidelines must be met; but we will start with an inventory and go from there. Thereafter, there was discussion about options for continuing Council meetings based on the current COVID-19 pandemic. Mr. Calhoun explained that we have the technology and Council could meet remotely, that we would offer the public viewing as we do now, but also for the ability for the public to comment remotely. Councilmember Woodard said he does not want to go remote and still wants to come into City Hall and do his job, while Deputy Mayor Peetz remarked that Council needs to be ready for the possibility of not being able to meet in person. City Attorney Driskell said we need to continue to meet the requirements of the Open Public Meeting Act while minimizing exposure and risk; and Councilmember Thompson said she is supportive of whatever plan we can come up with to continue doing business. City Manager Calhoun said staff will do their best, will research options, and will keep Council informed. 6. Customer Service Survey Report, 4th Quarter The Fourth Quarter Customer Service Survey Report was for information only and was not reported or discussed. 7. Council Check -in — Mayor Wick There were no further Council comments. 8. City Manager Comments — Mark Calhoun City Manager Calhoun mentioned that the CenterPlace West Lawn project will begin Monday; he also noted that Lobbyist Brianna Murray informed us that the State's Supplemental Capital Budget was approved last week and it includes $130,000 for our Sullivan Water line project, and he extended thanks to Senator Padden who championed that project through the committee. Mr. Calhoun also noted that we have been informed that the Valley Museum was awarded $70,000 in that supplemental budget as well. 9. EXECUTIVE SESSION [RCW 42.30.110(1)(b) and (1)(i)] Land Acquisition; Pending Litigation It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn into executive session for approximately 30 minutes to discuss land acquisition and pending litigation, and that no action will be taken upon return to open session. Council adjourned into executive session at 8:32 p.m. At 8:55 p.m., Mayor Wick declared Council out of executive session and immediately thereafter, it was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn. ATTEST: Ben Wick, Mayor Christine Bainbridge, City Clerk Council Meeting Minutes: 03-17-2020 Page 4 of 4 Approved by Council: DRAFT MINUTES SPOKANE VALLEY COUNCIL REGULAR MEETING FORMAL FORMAT Spokane Valley City Hall Council Chambers Spokane Valley, Washington March 24, 2020 Mayor Wick called the meeting to order at 6:00 p.m. Attendance: Councilmembers Staff Ben Wick, Mayor Brandi Peetz, Deputy Mayor Pam Haley, Councilmember Tim Hattenburg, Councilmember Rod Higgins, Councilmember Linda Thompson, Councilmember Arne Woodard, Councilmember Mark Calhoun, City Manager John Hohman, Deputy City Manager Chelsie Taylor, Finance Director Cary Driskell, City Attorney Erik Lamb, Deputy City Attorney Mike Stone, Parks & Recreation Director Bill Helbig, City Engineer Carrie Koudelka, Deputy City Clerk INVOCATION: Pastor Zac Minton of Rock Church was unable to attend so there was no invocation. PLEDGE OF ALLEGIANCE Council, staff, and the audience stood for the Pledge of Allegiance. ROLL CALL Deputy City Clerk Koudelka called the roll; all Councilmembers were present. APPROVAL OF AMENDED AGENDA It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to accept the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS Councilmember Thompson: stated that she attended the National League of Cities (NLC) conference in Washington, D.C. and said she serves on the Public Safety and Crime Prevention committee where they talked about the teams that are meeting across the nation with law enforcement and mental health professionals; said she also attended a workshop while in D.C. on the census and mentioned the importance of people responding as resources are dependent upon those census figures; said she met with Senators Cantwell and Murray, and later with Representative McMorris-Rodgers, and other elected officials; that she also met with our federal lobbyist where they talked about our transportation projects; said she was able to participate in two local radio spots to report on the conference as well as how we are dealing with the virus situation. Councilmember Higgins: mentioned that the Executive Director of the Spokane Regional Clean Air Agency rescinded her resignation at least for the time being. Councilmember Haley: reported that she attended an STA (Spokane Transit Authority) meeting where they noted ridership is down so the buses are able to accommodate riders keeping adequate distance from each other; said STA decided to go to with a 'no fare' bus service in order to protect the drivers and that passengers will enter and exit from the back of the bus, and those 65 years old and older can ride the paratransit van free. Deputy Mayor Peetz: said she attended the City's employee appreciation event last week and remarked on the many staff nominations for co-worker of the year; said she also attended the groundbreaking of a new Vivacity Care Center. Regular Formal Council Meeting: 03-24-2020 Page 1 of 4 Approved by Council: DRAFT Councilmember Hattenburg: said he attended the City's employee appreciation luncheon and extended kudos to staff; said he volunteered for Meals on Wheels; said that he also attended the STA meeting, said most people riding the bus have a monthly pass, but said STA isn't charging any fare at this point. Councilmember Woodard: reported that he also attended the Vivacity groundbreaking. MAYOR'S REPORT: Mayor Wick reported that he attended the Vivacity groundbreaking; he also spoke about the Freight Mobility Investment Board meeting's legislative debrief which included talk about the budget and that the Board will need to determine where the difference will come from between the amount budgeted and the cost of the approved projects; said he has been attending an emergency coordination meeting every morning and it was mentioned that the incident response team will give relief to and coordinate efforts with the health district; said they also shared the Governor's webpage for information and talked about others petitioning to be added to the essential business list; and that they are asking the public not to panic and not change their normal shopping patterns. PROCLAMATION: Vietnam Veterans' Day Mayor Wick read the proclamation observing the anniversary of the end of the Vietnam War and honoring those who served. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion: I move to approve the Consent Agenda. a. Approval of Claim Vouchers on March 24, 2020, Request for Council Action Form Total: $3,257,833.61 b. Approval of Payroll for Pay Period Ending March 15, 2020: $376,964.31 c. Approval of Council Meeting Minutes of March 3, 2020 Formal Meeting Format It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 2. First Reading Ordinance 20-003 Code Text Amendment, Fencing Regulations — Jenny Nickerson After Deputy City Clerk Koudelka read the ordinance title, it was moved by Deputy Mayor Peetz and seconded to advance Ordinance No. 20-003 to a second reading as proposed. Mr. Hohman said that as part of the conversation from last week about keeping the eight foot height, the only changes are how the fence height is measured; he also noted with this change Spokane Valley will be consistent with the rest of the region. Mr. Hohman also noted as an option, Council could suspend the rules for a second reading, and adopt this ordinance tonight. It was moved by Councilmember Woodard and seconded to amend the motion to suspend the rules and vote on the ordinance tonight. There was unanimous vote by acclamation to approve the amended motion. There were no public comments. Vote on the fully amended motion: in favor: unanimous. Opposed: none. Motion carried and the ordinance is approved. 3. Resolution 20-003 Adopting Planning Commission Rules of Procedure — Jenny Nickerson It was moved by Deputy Mayor Peetz and seconded to approve Resolution 20-003 adopting the Planning Commission Rules of Procedure as presented. City Attorney Driskell said that these rules were debated at length by the Planning Commission. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 3a. Motion Consideration: Bid Award, Indiana Avenue Evergreen to Sullivan — Bill Helbig It was moved by Deputy Mayor Peetz and seconded to award the Indiana Avenue Preservation Project Evergreen to Sullivan, to Inland Asphalt Company in the amount of $1, 611, 000 plus applicable sales tax, and authorize the City Manager to finalize and execute the construction contract. City Engineer Helbig said the purpose of bringing this item to Council tonight is that due to the current limited traffic on Indiana, the contractors would like to get this project moving; he briefly mentioned the project's history and of the Regular Formal Council Meeting: 03-24-2020 Page 2 of 4 Approved by Council: DRAFT bid opening, with the lowest responsive and responsible bidder being Inland Asphalt Company. There were no public comment. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. PUBLIC COMMENTS: Although there were no public comments, Councilmember Woodard asked about how public hearings would be handled in the future and Mr. Calhoun said when we are required to hold a public hearing, a public hearing will be held. Mr. Driskell added that they have been advised by the Hearing Examiner's Office that they are temporarily putting a hold on public hearings due to the proclamation from the Governor's office. ADMINISTRATIVE REPORTS: 4. Electrical Inspections — Jenny Nickerson Deputy City Manager Hohman, standing in for Building Official Nickerson, said that as a follow-up report to Council from last April, the City does not do electrical inspections and does not issue electrical permits as that, as well as the inspections, is all handled by the Department of Labor and Industries (L&I); he said some contractors had approached the City to see if we would take over those functions; but rather than do that, he said the City is working with L&I to improve the process; he said Ms. Nickerson has worked with them and they apparently now have a seamless process; he also noted we will not issue a Certificate of Occupancy unless there has been an electrical inspection performed on the property; he said that Ms. Nickerson also contacted representatives of Avista, Modern, Vera and other companies and heard back from three or four of those companies and no one was interested in taking over these duties and in summary, he said that staff believes there is no warranted reason to change from our current process, and that we have not received any complaints within the last year. Councilmember Higgins said when this concern was initiated, we had problems but he noted that Ms. Nickerson has done good work and improved the issue for our citizens. 5. Declaring Items Surplus — Chelsie Taylor Finance Director Taylor explained the purpose and process of declaring items surplus as noted in her Request for Council Action form; she also noted that staff anticipates bringing a resolution for Council approval consideration at the March 31 meeting. Deputy Mayor Peetz said she was asked by a citizen if citizens would be able to have some of the wood from the horse arena, and Ms. Taylor said she, City Attorney Driskell, and Parks & Recreation Director Stone are researching that issue to see if that is possible. There was Council consensus to move this forward for next week's Council meeting. 6. Advance Agenda — Mayor Wick Councilmember Higgins said someone asked him if the City might consider suspending gambling taxes for two quarters, for pull tabs and punch boards. Mr. Calhoun said he checked yesterday and the revenues related to pull tabs were about $76,000, which he said is not insubstantial. After brief discussion there was Council consensus to place this issue on an upcoming agenda, and Mr. Calhoun added that if this request were approved, we would not be able to suspend taxes retroactively. 7. Department Monthly Reports The Department Monthly Reports were for information only and were not reported or discussed. CITY MANAGER COMMENTS As a result of the COVID-19 pandemic, City Manager Calhoun said staff is expanding efforts to adhere to social distancing; that even though there were no public comments at tonight's meeting, he encouraged citizens to email comments. Mr. Calhoun mentioned that Mayor Wick had suggested meeting every other week instead of every week, but he wanted to hear how Council collectively wishes to move forward. There was some discussion about how to proceed with meetings, that if Council met less often it would likely mean very late meetings; the Regular Formal Council Meeting: 03-24-2020 Page 3 of 4 Approved by Council: DRAFT suggestion of removing some standard things off the agenda; the idea of not holding a meeting on the fifth Tuesday, and that if necessary, a special meeting could always be called provided we give 24-hour advance notice. Councilmember Woodard said he wants to keep meeting weekly, and Councilmember Thompson said she also likes weekly meetings, but is open to phoning in. There was Council consensus to continue to meet every week. City Attorney Driskell said staff is researching options available according to the Attorney General's office. There was discussion about how to handle people wanting to comment, and IT Manager Knodel mentioned he might be able to coordinate and manage a meeting. There was also Council consensus to keep the room open as it is tonight. Further comments/discussion included the need to have the microphones wiped down after each speaker if public comments were to continue. Councilmember Woodard suggested and Councilmember Thompson agreed to only having comments on action items. Concerning ways to make the agenda more concise for these formal meetings, it was decided to not include general public comments; to discontinue having department reports and to coordinate with the Mayor about the idea of possibly having proclamations done outside of a meeting. City Manager Calhoun also explained that the Sheriff has set up an emergency operations meeting every day through April; that our Public Information Officer (PIO) is meeting daily with other PIOs in the region; that approximately half of the City's staff is working from home; he mentioned the Senior Center has closed and will remain closed through April 24, and that parks programs are closed as are park play structures; that the City will be waiving the credit card fees in order to further encourage people to pay remotely; that the Planning Commission has cancelled meetings through the end of April; that City Hall is fully operational but the doors will remain locked and people can come in only by appointment; and that CenterPlace has also locked their doors but the building is staffed due to cancelling and rescheduling reservations, to be available to take future reservations, and to stay open for the maintenance workers. It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:16 p.m. ATTEST: Ben Wick, Mayor Christine Bainbridge, City Clerk Regular Formal Council Meeting: 03-24-2020 Page 4 of 4 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Study Session Format Tuesday, March 31, 2020 Mayor Wick called the meeting to order at 6 pm. The meeting was held in City Hall with Council and staff participating via ZOOM. Ben Wick, Mayor Brandi Peetz, Deputy Mayor Pam Haley, Councilmember Tim Hattenburg, Councilmember Rod Higgins, Councilmember Linda Thompson, Councilmember Arne Woodard, Councilmember Mark Calhoun City Manager John Hohman, Deputy City Manager Cary Driskell, City Attorney Erik Lamb, Deputy City Attorney Mike Stone, Parks & Rec Director Mark Werner, Police Chief Bill Helbig, Senior Engineer Jenny Nickerson, Building Official John Whitehead, Human Resources Manager Carrie Koudelka, Deputy City Clerk ROLL CALL: Deputy City Clerk Koudelka called the roll; all Councilmembers were present. APPROVAL OF AMENDED AGENDA: It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the amended agenda. EXECUTIVE SESSION: Pendin& Litigation f RCW 42.30.110(1)(i)1 It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn into executive session for approximately 15 minutes to discuss pending litigation and that no action will be taken upon return to open session. Council adjourned into executive session at 6:05 p.m. At 6:11 p.m. Mayor Wick declared Council out of executive session. ACTION ITEMS: 1. Proposed Resolution 20-004, Surplus Equipment — Chelsie Taylor It was moved by Deputy Mayor Peetz and seconded to approve Resolution 20-004 declaring as surplus, certain personal property of the City. Finance Director Taylor explained the procedures for declaring items surplus, which is set out in the City's Code; and that if approved, the Resolution authorizes the City Manager to dispose of the listed items. Ms. Taylor mentioned there was earlier discussion about the possibility of disposing of some lumber from the horse arena that was removed, but staff found that was not possible. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 2. Motion Consideration: Mayoral Appointment, Spokane Co. Human Rights Task Force Mayor Wick This item was previously removed from the agenda. 3. Motion Consideration: Spokane Valley Partners Contract — Cary Driskell It was moved by Deputy Mayor Peetz and seconded to authorize the City Manager to .finalize and execute the grant funding agreement with Spokane Valley Partners to provide emergency funding relating to emergency assistance to City residents in need. City Attorney Driskell said that we were approached by the Spokane Valley Partners to see if we could provide some assistance to their clientele due to the impacts of COVID-19; said the term of the contract would run through the end of August, that an initial installment to them would be $25,000 with any additional installments to be in a similar amount, up to a maximum of $50,000; and that the funds would come from the General Fund 001; he also noted these funds would need Council Meeting Minutes: 03-31-2020 Page 1 of 4 Approved by Council: DRAFT to be included in a budget amendment since they were not in the originally approved 2020 budget. Mr. Driskell also noted that the Partners would supply monthly reports to the City regarding specifically how the money is being spent. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 4. Motion Consideration: Bid Award, Adams Sidewalk Project — Bill Helbig It was moved by Deputy Mayor Peetz and seconded to award the Adams Road Sidewalk Project CIP #0291 to William Winkler Company in the amount of $334,541.65 including applicable sales tax, and authorize the City Manager to.fnalize and execute the contract pending TIB approval. City Engineer Helbig gave a brief explanation of the project and accompanying bids. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 5. Motion Consideration: Bid Award, Ella/Conklin Project — Bill Helbig It was moved by Deputy Mayor Peetz and seconded to award the Ella and Conklin Road Sidewalk Projects CIP #0302 and 0303 to National Native American Construction, Inc., in the combined total amount of $452, 008.00 and authorize the City Manager to .finalize and execute the construction contract. City Engineer Helbig gave a brief explanation of the project and accompanying bids. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 6. Motion Consideration: Bid Award, Sullivan Road ITS Project — Bill Helbig It was moved by Deputy Mayor Peetz and seconded to award the N. Sullivan ITS Project CIP #0259 to Power City Electric in the amount of $729,981.50 plus applicable sales tax, and authorize the City Manager to .finalize and execute the construction contract. City Engineer Helbig gave a brief explanation of the project and accompanying bids. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 7. Motion Consideration: Bid Award, Barker/BNSF Grade Separation Project Avista Utility Construction Agreement — Bill Helbig It was moved by Deputy Mayor Peetz and seconded, to authorize the City Manager to finalize and execute the Utility Construction Agreement with Avista Corporation with a contract amount not to exceed $748,992.63. City Engineer Helbig gave a brief explanation of the project, and after brief Council discussion, it was noted there are no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. NON -ACTION ITEMS: 8. Street Vacation 2019-0005 — Lori Barlow City Engineer Helbig, standing in for Senior Planner Barlow, explained that this street vacation was proposed by the developer back in October; he said the Planning Commission held a public hearing. Mr. Helbig went through the PowerPoint and referenced the Commission's Findings and Recommendation, as well the minutes which were all part of tonight's Council agenda packet. Mr. Helbig noted the Commission's recommendation is to approve with the conditions that staff amend the proposal to vacate a portion of 13th Avenue, the alleyway between 12th and 13th Avenue, and Chronicle Road; and that the 12th Avenue right-of-way should be retained to support future high density development of the multifamily properties immediately to the north. Mr. Helbig also mentioned an easement and dedication would be required. There was Council consensus to move forward as recommended. 9. Washington State Dept. of Transportation Property Acquisition: Flora Road — Cary Driskell City Attorney Driskell said that when this issue was presented to Council at the March 17 meeting, which was also at the start of the increased effects of the pandemic, Council asked him to check with the Washington State Department of Transportation (WSDOT) about putting this property acquisition on hold for six months; he said he did that and WSDOT said they feel the property would likely be okay for six Council Meeting Minutes: 03-31-2020 Page 2 of 4 Approved by Council: DRAFT months without them selling to a third party. Mr. Driskell also noted in connection with the RCO recreation Conservation Office grant application due May 1, there should be consideration of what impact putting this on hold might have on that grant application. There was discussion about the possible effects of waiting, with Mr. Driskell expressing his concern that if we waited six months, he feels we would be less likely to be awarded the grant; and City Manager Calhoun added that if we do wait six months and pass on the 2020 grant cycle, we could apply for reimbursement in the 2022 grant cycle. City Attorney Driskell asked for Council direction. Discussion included mention by Mr. Stone that we could still apply for the grant and purchase the property later and that he would like to continue working with WSDOT. There was a suggestion by Councilmember Thompson to wait six months and also maybe hold off on some of the improvements for Balfour; A question arose from Councilmember Higgins about the state still being in a position to award the grant with Mr. Driskell confirming that the state is; there was mention from Councilmember Hattenburg that even if we bought the property, it would be an investment for the future and could be sold if necessary; and comment from Councilmember Haley about this year's lack of funding due to low tax revenues. Mayor Wick asked about the six month hold and Mr. Driskell explained that would be an informal agreement and not a contract. Deputy Mayor Peetz added that she hopes Council is not making decisions based on fear as there were overwhelming comments from citizens about the need for park property; and that she would like to move forward as she feels the citizens want some normalcy from Council. Councilmember Haley remarked that we are not making decisions based on fear, but from a practical standpoint. Finance Director Taylor spoke about the general fund summary information in the packet, and that revenue figures are very optimistic, but we will know in future months how that might look; and she noted the worksheet concerning the upcoming and pending projects. Mayor Wick stated that he thinks everyone wants to continue this, but said he doesn't want to wait six months as he feels the state could change their mind if they need cash, and as a result we could lose the property; said he is not opposed to a small delay but not for six months. Finance Director Taylor said she feels two months is a good time period as if we wait for just one month, we won't know much about revenue changes. City Manager Calhoun said that by the end of May, we will know how much the month of March was impacted by the pandemic; and said that City Attorney Driskell can keep in contact with WSDOT and if needed, can report back sooner; and he recommended applying in 2020 and 2022. Mr. Stone said that staff has put a lot of work into the grant and he would like to move forward. There was Council consensus to move this forward and have staff report back in two months. 10. Proposed Resolution Delegating Authority — Cary Driskell City Attorney Driskell explained about the limitations of the City's Resolution from 2008 regarding granting authority to the City Manager regarding real property acquisition in conjunction with capital and other development projects; and that this proposed resolution will minimize the amount of time Council has to spend on very routine items; he mentioned the threshold of this authority is proposed to be set at $100,000 for any one parcel or connected parcels; but that as staff has done in the past, staff will keep Council appraised of high level project status reports as they occur. After brief discussion about the dollar amount threshold, it was agreed that staff will bring this forward at an upcoming meeting for Council to consider approval of the draft resolution. 11. End of Legislative Session Warp -Up — Lobbyist Briahna Murray Gordon Thomas Honeywell Governmental Affairs Lobbyist Ms. Murray went through her PowerPoint giving an overview of the 2020 legislative session, including a summary of the state's supplemental budget, and of Spokane Valley's priorities and of the progress made on each item on the City's legislative agenda. 12. Advance Agenda — Mayor Wick There were no suggestions for changes to the Advance Agenda. Council Meeting Minutes: 03-31-2020 Page 3 of 4 Approved by Council: DRAFT 13. Council Check in — Mayor Wick Deputy Mayor Peetz mentioned she attended a meeting and that the health site at the Fairgrounds will be re -opening soon and that they received more supplies. Mayor Wick mentioned the likelihood of future conversations about an alternative care facility at the fairgrounds, but that he is unsure how those funds will come together. 14. City Manager Comments — Mark Calhoun City Manager Calhoun said that there were lots of moving parts to set up this type of meeting tonight, and that staff worked hard to get this going and functional; he noted the virus will have a significant impact on the economy and hence on our revenues, but our budget is healthy; he noted the awarded projects at the beginning of tonight's meeting and that those projects will help keep people in our community employed. He also noted that Mr. Driskell reminded him that tonight is the 17th anniversary of the City's incorporation. It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:20 p.m. ATTEST: Ben Wick, Mayor Office of the City Clerk Council Meeting Minutes: 03-31-2020 Page 4 of 4 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 14, 2020 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First Reading of Proposed Ordinance 20-005, Street Vacation 2019- 005 GOVERNING LEGISLATION: Spokane Valley Municipal Code (SVMC) 22.140; Revised Code of Washington (RCW) 35A.47.020 and RCW 35.79 PREVIOUS COUNCIL ACTION TAKEN: At the November 19, 2019 City Council meeting, a public hearing date was set with the Planning Commission for January 9, 2020. On March 31, 2020, City Council heard an administrative report on the proposed street vacation. BACKGROUND: The City received an application on October 3, 2019 from Whipple Consulting Engineers (WCE) representing the owners, Tom and Michelle Hamilton and Jeff McCloskey, requesting a street vacation of approximately 380 feet in length of 12th Avenue, 13th Avenue, the alley between 12th and 13th Avenues, and approximately 500 feet of Chronicle Road, ranging from 12 to 60 feet in width. The total area proposed to be vacated collectively was 1.58 acres. The portion of right-of-way (ROW) requested to be vacated is located immediately west of Carnahan Road, south of 8th Avenue and north of 14th Avenue. The area is adjacent to eight parcels that are either vacant or under development. The property owner is making a request for the following reasons: 1. The vacation would allow development of the site to its full potential by removing ROW requirements in "unconstructable" locations; 2. The streets and alleys are no longer required for public use or access; and 3. On -site wetlands interfere with the construction of 13th Avenue. The subject ROW does not contain any city facilities or utility improvements other than portions of a stormwater system that includes pipes and catch basins. The system would need to be relocated and easements granted to facilitate existing stormwater and future development. Although the surrounding lots are owned by the two parties requesting the vacation, a vacation of the right-of-way would leave parcel numbers 35233.0203 and 35233.0204 without access. Pursuant to Spokane Valley Municipal Code (SVMC) 20.20.090.E "Every lot shall have direct access to a paved public street, private street, or an easement for a private driveway. " An access easement or reconfiguration of the lots by a boundary line adjustment or elimination could resolve the access issue. The applicant has proposed to aggregate all of the lots into a single lot to resolve the access issue, and also proposed to dedicate a 100' cul-de-sac to the City as ROW at the end of Chronicle Road to allow future access and termination of the public road. The two parcels immediately to the north are zoned Multi -family and it is assumed that the property will develop as such. Twelfth Avenue provides a connection to Carnahan as well as a second connection to the parcels which are necessary to support the increased traffic generated from a multifamily project. Staff recommends that the City retain 12th Avenue in order to support future development of the parcels to the north. RCA First Ordinance Reading 20-005 (STV-2019-0005) Page 1 of 3 The Planning Commission conducted a study session on December 12, 2019 and a public hearing on January 9, 2020. Following public testimony and deliberations, the Planning Commission voted 3-1 to recommend approval of the amended proposal (as described above) to vacate a portion of 13th Avenue, the alleyway lying between 12th Avenue and 13th Avenue, and Chronicle Road with the amended staff conditions. The 12th Avenue right-of-way was recommended to be retained. The findings and recommendations were approved by the Planning Commission on February 27, 2020. Commissioner Kelley cast the dissenting Planning Commission vote noting that 12th Avenue should be vacated along with the rest of the rights -of -way as there could be a better place for access to the development, but that would not be known until the development plans were submitted. SVMC Section 22.140.040 directs City Council to consider the Planning Commission's findings, conditions and/or limitations appropriate to preserve the public use or benefit, the division of the vacated right-of-way among abutting property owners, and lastly whether to require compensation for the right-of- way and when it is to be paid. Council established Resolution 07-009 to provide parameters on requiring compensation. Within the Resolution, Section 1(Policy); states "The cost for property received as a result of a vacation initiated by an adjacent property owner shall equal 50% of the appraised value of the vacated property received" Section 1.1.a allows the property values to be averaged, if value of adjacent properties differs. The table below includes the analysis for associating an estimated appraised value for the vacated property. Parcel Number Appraised Market Value (2019) Lot Size in Square Appraised Value per Square 2 2 35233.0203 35233.0204 35233.1307 35233.0101 35233.1402 $62,700 $62,700 $59,990 $132,550 $63,250 2 Average appraised value per ft 49,587 49,587 47,512 105,212 50,038 $1.26 (zoned SFR) $1.26" $1.26" $1.26" $1.26" $1.26 Square feet of 13' Ave., Alleyway, and Chronicle Road Note: The area was adjusted to reflect the exact area identified in the legal descriptions. Appraised value for the area of street vacation 50% of appraised value Subtracting amount paid for application processing 2 57,317.2 ft 2 57,317.2 ft x $1.26 = $72,219.67 $72,219.67 x 50% = $36,109.84 $36,109.84 - $ 1,365.00 = $34,744.84 Estimated value of 13th Avenue, alleyway & Chronicle Road = $34,744.84 Therefore, 50% of the appraised value for the unimproved portions of 13th Avenue, the alleyway and Chronicle Road minus the application fees is $34,744.84. This does not include the 12th Avenue area recommended to be retained. Section 1.4 of Resolution 07-009 allows City Council to take an alternative approach, if it is determined the public interest is better served. The Ordinance will reflect payment is required as indicated above unless otherwise directed. OPTIONS: Move to advance to a second ordinance reading with or without amendments; or move to suspend the rules and adopt the ordinance on the first reading. RECOMMENDED ACTION: Move to suspend the rules and adopt Ordinance 20-005 on the first reading. RCA First Ordinance Reading 20-005 (STV-2019-0005) Page 2 of 3 STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: 1. PowerPoint Presentation 2. Draft Ordinance 20-005 3. Signed Planning Commission Findings and Recommendation 4. Staff Report and Recommendation to the Planning Commission, including exhibits 5. Approved Planning Commission Meeting Minutes December 12, 2019, January 9, 2020, and February 27, 2020 6. Resolution 07-009 RCA First Ordinance Reading 20-005 (STV-2019-0005) Page 3 of 3 Spokane OValley 1 2th, 13th, Chronicle, and Alleyway Street Vacation STV-201 9-0005 City Council First Ordinance Reading April 14, 2020 Application Submittal .0 Ct 1-1 C.)o NI0 o. •� Study Session =1-1 ;.• .ed a 12-12-19 en 5 5 © Public Hearing � c � 1-9-20 : Findings of Fact ct 1-23-20 Pm 1 st Phase of street vacation Process Administrative Report 3-31-2020 Conditions satisfied Staff Review Record Ordinance and Record cu 0 ROW vacated 2nd Phase of street vacation Proposed Street Vacation 13th Ave. STREET VACATION Chronicle Rd. Carnahan Rd. 12'h Ave Potential Issues: a Zoning is R-3 o Adjacent properties need access for development of residential lots; o Only single and two family uses allowed Several parcels may be land locked; Stormwater system located in ROW o System would need relocating or easements required. Stormwater system Land locked parcels City's Recommended Street Vacation: Approve the Request, but Retain 12th Ave. City's Reason to Retain 1 2rn Avenue: o Ensure adequate access and connectivity for high density development to north properties Supports MFR designation in the Comprehensive Plan City Council Considerations: PC Findings and Recommendation; APPROVE staff amended proposal with conditions to vacate a portion of 1 3th Avenue, the alleyway lying in between 12th Avenue and 13th Avenue, and Chronicle Road. The 12th Avenue right-of-way would be retained. Conditions and/or limitations deemed appropriate to preserve public use or benefit; Determine compensation based on Resolution 07-009 1 Estimated Value of Vacation per Resolution 07-009 Parcel Number Appraised Market Value (2019) Lot Size in Square Appraised Value per Square 2 2 Feet ft Foot ft 35233.0203 35233.0204 35233.1307 35233.0101 35233.1402 $62,700 $62,700 $59,990 S132,550 S63,250 49,587 49,587 47,512 105,212 50,038 2 Average appraised value per ft Square feet of 13tt' Ave., Alleyway, and Chronicle Road Note: The area was adjusted to reflect the exact area identified in the legal descriptions. Appraised value for the area of street vacation 50% of appraised value Subtracting amount paid for application processing S1.26 (zoned SFR) S1.26 S1.26 S1.26` S1.26 $1.26 2 57,317.2 ft 2 57,317.2 ft x $1.26 = $72,219.67 S72,219.67 x 50% = $36,109.84 S36,109.84 - $ 1,365.00 = $34,744.84 Estimated value of 13th Avenue, alleyway & Chronicle Road = $34,744.84 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 20-005 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, PROVIDING FOR A RIGHT-OF-WAY VACATION OF APPROXIMATELY 57,317 SQUARE FEET OF 13' AVENUE, CHRONICLE ROAD, AND THE ALLEYWAY BETWEEN 12' AND 13' AVENUE AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, on October 3, 2019, a completed application for vacation was filed requesting the vacation of approximately 11,550 square feet of 12th Avenue, approximately 23,100 square feet of 13th Avenue, approximately 29,460 square feet of Chronicle Road, and approximately 4,620 square feet of the alleyway lying between 12th and 13th Avenue; and WHEREAS, on November 19, 2019, the City Council by Resolution 19-016 set a public hearing date for January 9, 2020 with the Planning Commission; and WHEREAS, on January 9, 2020, the Planning Commission held a public hearing; and WHEREAS, following the hearing, the Planning Commission found that the notice and hearing requirements of Spokane Valley Municipal Code (SVMC) 22.140.020 had been met and recommended (1) vacation of the requested areas except for 12th Avenue, and (2) certain conditions with such vacation; and WHEREAS, the Planning Commission findings and minutes have been filed with the City Clerk as part of the public record supporting the vacation; and WHEREAS, none of the property owners abutting the property to be vacated filed a written objection to the proposed vacation with the City Clerk; and WHEREAS, pursuant to chapter 22.140 SVMC, upon vacation of the road, the City shall transfer the vacated property to abutting property owners, the zoning district designation of the properties adjoining the street shall attach to the vacated property, a record of survey shall be submitted to the City, and all direct and indirect costs of title transfer to the vacated street shall be paid by the proponent or recipient of the transferred property. In this particular case, the vacated property shall be transferred to parcels 35233.0203, 35233.0204, 35233.1307, 35233.1402 and 35233.0101; and WHEREAS, the City Council desires to vacate the above streets pursuant to chapter 22.140 SVMC. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Findings of Fact. The City Council makes the following findings of fact: 1. The area proposed to be vacated is unimproved. Portions of a stormwater system, that includes pipes and catchbasins are located within the right-of-way. No other utilities are located in the right-of-way. The stormwater system collects stormwater from the south and from the existing pond. The system extends to the north through private property and terminates in a swale on the Soil Conservation District property. The majority of the system is located on private property without easements. The property owner understands that the system will need to be relocated and/or easements provided in conjunction with future development of the property to the north and for the portion of the system lying in the right- of-way requested to be vacated. Ordinance 20-005 - Street Vacation STV-2019-0005 Page 1 of 6 DRAFT The proposed vacation would leave parcel numbers 35233.0203, 35233.0204 and the west side of parcel 35233.0101, which is the area outside of the borrow pit, without right-of-way access. All the adjacent properties are owned by the Hamiltons and Jeff McCloskey. If access is provided to the vacant parcels, the vacation is not expected to have an impact on the general public as surrounding parcels currently do not use the right-of-way for access. The properties shall be reconfigured through a boundary line adjustment (BLA) or boundary line elimination (BLE) leaving the resulting properties with access, or an access easement shall be provided to provide access. 2. The subject right-of-way is unimproved and not being utilized for public access. The site is bordered by R-3 zoned property to the west and south, and Multifamily zoned property to the north. Immediate properties are vacant, while the outlying properties are developed with single family residential neighborhoods. The vacant properties will need access for future development. As situated, sufficient access does not exist to allow for the division of parcel numbers 35233.0203 and 35233.0204. Access to the parcels is provided by Chronicle Road but further division into typical residential lots would require the construction of either public or private streets. As indicated in the application, all adjacent properties are owned by the Hamiltons and Jeff McCloskey and the BLA/BLE or access easement can be accomplished. Although no development plans have been provided as part of this application, the applicant has provided a concept plan that indicates a design for single family development with a reconfigured street plan on the adjacent properties and multifamily located to the north in the Multi -family Residential Zone. Currently the right-of-way is not needed for the existing development that takes access off 14th Avenue and 13th Avenue. Thirteenth Avenue ends in a cul-de-sac preventing the extension of 13th Avenue. Access for future development would be required through any proposed platting activity. Since 13th Avenue and the alleyway are affected by the existing pond, and since 13th Avenue to the west ends in a cul-de-sac which prevents the extension, both 13th Avenue and the alleyway could be vacated without impact. Parcel Numbers 35233.0101 and 35233.1402 would have access from both Carnahan Road and Chronicle Road. Although 12th Avenue is only 30' wide, the additional right-of-way could be obtained if needed at the time of future development of the northerly properties providing connectivity to the existing street grid. Assuming the north properties are developed with multifamily, 12th Avenue would allow for additional access points for increased traffic generated by the development and so vacation of 12th Avenue is not in the City or public's best interest and shall not be included with the vacation. 3. Currently public access is not needed for the parcels adjacent to the right-of-way proposed for vacation because none of the abutting properties utilize the right-of-way for access, and the properties adjacent to the unimproved right-of-way are owned by the Hamiltons and Jeff McCloskey. However, future development is dependent upon access being provided. Without a development plan it is not apparent if a new and different public way would be more useful to the public. Either an ingress/egress access easement shall be provided to ensure access for parcel numbers 35233.0203 and 35233.0204 and/or a BLA or BLE shall occur to ensure that all properties have access off of the remaining rights -of -way. Requiring a BLE to create a single parcel will resolve the access issue for the parcels. Twelfth Avenue is still necessary for connectivity and to support the multi -family development on the north parcels that is anticipated in the Comprehensive Plan and shall not be included in the vacation. Ordinance 20-005 - Street Vacation STV-2019-0005 Page 2 of 6 DRAFT 4. Based on the Comprehensive Plan, the site is designated as single family residential and zoned R-3 which allows for single family and duplex residential development. It is anticipated that the adjacent properties will remain single family residential and require access for future development through a subdivision process. The current Chronicle Road right-of-way ensures that parcel number 35233.0203 and 35233.0204 have access for further development. The subdivision process would also ensure adequate access is provided as each lot created must have access to a public or private street. It is presumed that the property will develop into single family residential lots and access will be appropriately provided through the subdivision process consistent with Title 20, SVMC and the City of Spokane Valley Street Standards. As the parcels are currently configured, parcel numbers 35233.0203 and 35233.0204 require the use of Chronical Road right-of-way to ensure access. As discussed above, a BLA/BLE or access easement shall be required to ensure access. The two parcels immediately to the north are zoned Multi -family and it is assumed that the property will develop as such. Twelfth Avenue provides a connection to Carnahan as well as a second connection to the parcels which are necessary to support the increased traffic generated from a multifamily project and shall not be included in the vacation. 5. No public comment has been received. The City's Stormwater Engineer noted that stormwater drainage facilities were located in the right-of-way and that the facilities would need to be relocated and/or placed within an easement. The City Engineer noted that Chronicle Road and 12th Avenue are required to provide access to the existing parcels, but that 13th Avenue and the alleyway could be vacated as they encroach on the wetland (old borrow pit). The analysis above notes that access issues can be resolved with a BLA/BLE or access easement, and that 12th Avenue will be retained to support high density development to the north. 6. Resolution 07-009 was adopted pursuant to RCW 35.79.030 to set the City's policy for imposing vacation charges. Pursuant to Section 1 of Resolution 07-009: a. The cost for property received as a result of a vacation initiated by an adjacent property owner shall equal 50% of the appraised value of the vacated property received to the extent the cost exceeds the amount charged by the City of Spokane Valley to initiate the vacation process. i. The appraised value shall be the same as the value of an equivalent portion of property adjacent to the proposed vacation as established by Spokane County Assessor at the time the matter is considered by the City Council. ii. If the value of adjacent properties differs, than the average of the adjacent property values per square foot will be used. Based on the average assessed value of the adjacent properties and a total area of 57,317.2 square feet based upon the legal description provided in Section 2 below, $36,109.84 is 50% of the assessed value. Therefore, $36,109.84 minus the $1,365 application fee equals $34,744.84. Section 2. Property to be Vacated. Based upon the above findings and in accordance with this Ordinance, the City Council does hereby vacate the street or alley which is incorporated herein by reference, and legally described as follows: CHRONICLE ROAD VACATION A parcel of land located within the South half of the Southwest quarter of Section 23, Township 25 North, Range 43 East, Willamette Meridian, Spokane County, Washington being more particularly described as Ordinance 20-005 - Street Vacation STV-2019-0005 Page 3 of 6 DRAFT follows: All that portion of Chronicle Road (Platted as River St.) lying South of the North line of the plat of Woodland Terrace, as recorded in Book 1 of Plats, Page 16, Records of Spokane County, Washington. Said line being the North line of the South half of said Southwest quarter, and North a line drawn from the Southwest corner of lot 8, block 14, to the Southeast corner of lot 1 block 13 of said plat of Woodland Terrace. Said parcel contains 29, 557.2 square feet, more or less. 13THAVENUE VACATION A parcel of land located within the South half of the Southwest quarter of Section 23, Township 25 North, Range 43 East, Willamette Meridian, Spokane County, Washington, being more particularly described as follows: All of that portion of 13`h Avenue (platted as Eleventh Ave.), in Woodland Terrace, as recorded in Book 1 of Plats, page 16, Records of Spokane County, Washington, lying West of the Western right-of-way of Carnahan Road, and East of the Easterly right-of-way of Chronicle Road. Said parcel contains 23,128.8 square feet, more or less. ALLEYWAY LYING BETWEEN 12TH AND 13TH AVENUE A parcel of land located within the South half of the Southwest quarter of Section 23, Township 25 North, Range 43 East, Willamette Meridian, Spokane County, Washington, being more particularly described as follows: All of that land dedicated as alleyway within Block 1 of the plat of Woodland Terrace, as recorded in Book 1 of Plats, Page 16, Records of Spokane County, Washington. Said parcel contains 4,631.2 square feet, more or less. Total area: 57,317.2 square feet, more or less. Section 3. Division of Property to be Vacated. Pursuant to RCW 35.79.040 and SVMC 22.140.040(C), the vacated portion of the street or alley shall belong to the abutting property owners, one- half to each, unless factual circumstances otherwise dictate a different division and distribution of the street or alley to be vacated. The completion of the vacation shall be recorded in the record of survey which shall be created and recorded with Spokane County as required pursuant to SVMC 22.140.090. Section 4. Zoning. The zoning designation for the vacated property shall be the designation attached to the adjoining properties as set forth within the respective property or lot lines. The City Manager or designee is authorized to make this notation on the official Zoning Map of the City. Section 5. Conditions of Vacation. The following conditions shall be fully satisfied prior to the transfer of title by the City. 1. Initial work to satisfy conditions of the street vacation (File No. STV-2019-0005), including all conditions below shall be submitted to the City for review within 90 days following the effective date of approval by the City Council. 2. The vacated property shall be transferred into the abutting parcels (35233.0101, 35233.1402, 35233.0203, 35233.0204 and 35233.1307, or as otherwise adjusted by a Boundary Line Elimination or Boundary Line Adjustment) as shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 8. 3. All existing lots shall have access to a public street prior to finalization. A Boundary Line Elimination application shall be submitted to the City within 30 days of the effective Ordinance 20-005 - Street Vacation STV-2019-0005 Page 4 of 6 DRAFT date of approval that aggregates 35233.0101, 35233.0204 and 35233.0203. Additional parcels, including 35233.1402, may be included in the Boundary Line Elimination if desired by the applicant. The Boundary Line Elimination application shall combine the proposed lot elimination with the record of survey vacating portions of 13th Avenue, the adjacent alleyway, and Chronicle Road. The document must be recorded within 90 days of the effective date of approval. 4. All easements and dedications shall be recorded with the Spokane County Auditor, and the applicant shall submit applicable recording numbers on the record of survey and written documentation of easement for City verification. 5. A drainage easement acceptable to the City of Spokane Valley for the existing stormwater facilities shall be provided. 6. The 100-foot cul-de-sac on Chronicle Road shall be dedicated to the City. 7. A 30-foot wide sewer easement, located 15 feet on either side of the center of the existing sewer main, acceptable to the City of Spokane for the existing sewer main if any portion of the main lies outside of a designated easement. 8. Following the City Council's passage of the Ordinance approving the street vacation, a record of survey of the area to be vacated, prepared by a registered surveyor in the State of Washington, including an exact metes and bounds legal description, and specifying any and all applicable easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the City Manager, or designee, for review. 9. The surveyor shall locate a monument at the intersection of the centerline of the vacated right-of-way with each street or right-of-way in accordance with the standards established by the Spokane Valley Street Standards. 10. All direct and indirect costs of title transfer of the vacated street from public to private ownership, including but not limited to, title company charges, copying fees, and recording fees shall be paid by the proponent. The City shall not and does not assume any financial responsibility for any direct or indirect costs for the transfer of title. 11. The zoning district designation of the properties adjoining the street to be vacated shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the districts. The adopting Ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 12. The record of survey and certified copy of the Ordinance shall be recorded by the City Clerk in the office of the Spokane County Auditor. 13. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. 14. Payment in the amount of $34,744.84 shall be paid to the City by the property owner(s) requesting vacation. Section 6. Closing. Following satisfaction of the above conditions, the City Clerk shall record a certified copy of this Ordinance in the office of the County Auditor, and the City Manager is authorized to execute and finalize all necessary documents in order to complete the transfer of the property identified herein. 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. 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 of Spokane Valley as provided by law. Ordinance 20-005 - Street Vacation STV-2019-0005 Page 5 of 6 DRAFT PASSED by the City Council this day of April, 2020. ATTEST: Ben Wick, Mayor Christine Bainbridge, City Clerk Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 20-005 - Street Vacation STV-2019-0005 Page 6 of 6 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION STV-2019-0005 — Street vacation of a portion of 12th Avenue, 13th' Avenue, the alle}. between 12th and 13th Avenues, and Chronicle Road. Pursuant to SVMC 17.80,150(E) the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the City Council following the public hearing. The following findings are consistent with the Planning Commission recommendation. A. Background: I . Chapter 22.140 of the Spokane Valley Municipal Code (SVMC), governing street vacations, was adopted in September 2007 and became effective on October 28, 2007. 2. The privately -initiated street vacation, STV-2019-0005, proposes to vacate 385' of unimproved sections of I2th and 13th Avenue, and the alley lying in between, and 491' of unimproved Chronicle Road. The total area requested is 1.58 acres. 3. The Planning Commission held a properly noticed public hearing and conducted deliberations on January 9, 2020. The Planning Commission voted 3-1 to recommend approval of the staff amended proposal to vacate 13th Avenue, the alleyway Tying in between 12t" and 13th Avenue, and Chronicle Road but retain the 12th Avenue right-of-way. B. Planning Commission Findings: Compliance with SVMC 22.140.030 Planning Commission review and recommendation Finding(s): I. Whether a change of use or vacation of the street or alley will better serve the public? The area proposed to be vacated is unimproved. Portions of a stormwater system, that includes pipes and catchbasins, are located within the right-of-way. No other utilities are located in the ROW. The stormwater system collects stormwater from the south and from the existing pond. The s'-item extends to the north through private property and terminates in a swale on ,}nervation District property. The majority of the system is located on private proper1. lout casements. The property owner understands that the system will need to be relocated andlor easements provided in conjunction with future development of the property to the north and for the portion of the system lying in the ROW requested to be vacated. The proposed vacation would leave parcel numbers 35233.0203, 35233.0204 and the west side of parcel 35233.0101, which is the area outside of the borrow pit, without ROW access. All the adjacent property owners are owned by the Hamilton's and Jeff McCloskey. The properties could be reconfigured through a boundary line adjustment (BLA) or boundary line elimination (BLE) leaving the resulting properties with access, or an access easement provided. if access is provided to the vacant parcels the vacation is not expected to have impact on the general public as surrounding parcels currently do not use the right-of-way for access. Findings and Recommendations of the Spokane Valley Planning Commission STV-2019-0005 Page 1 of 4 2. Whether the street or alley is no longer required for public use or public access? The subject right-of-way is unimproved and not being utilized for public access. The site is bordered by R-3 zoned property to the west and south, and Multifamily zoned property to the north. Immediate properties are vacant, while the outlying properties are developed with single family residential neighborhoods. The vacant properties will need access for future development. As situated sufficient access does not exist to allow for the division of parcel numbers 35233.0203 and 35233.0204. Access to the parcels is provided by Chronicle Road but further division into typical residential lots would require the construction of either public or private streets. In the absence of development plans staff recommends the City retain Chronical Road unless the properties are reconfigured or an easement is provided as discussed above. As indicated in the application all adjacent properties are owned by the Hamilton's and Jeff McCloskey and the BLA/BLE can be accomplished. Although no development plans have been provided as part of this application, the applicant has provided a concept plan that indicates a design for single family development with a reconfigured street plan on the adjacent properties and multifamily located to the north in the Multi -family Residential Zone. Currently the ROW is not needed for the existing development that takes access off 14" Avenue and 13'h Avenue. 13i1' Avenue ends in a cul de sac preventing the extension of 13`h Avenue. Access for future development would be required through any proposed platting activity. Since 13' Avenue and the alleyway are affected by the existing pond, and since 13'h Avenue to the west ends in a cul-de-sac, which prevents the extension, both 13" Avenue and the alleyway could be vacated without impact. Parcel Numbers 35233.0101 and 35233.1402 would have access from both Carnahan Road and Chronicle Road. Although 12' Avenue is only 30' wide, the additional ROW could be obtained if needed at the time of future development of the northerly properties providing connectivity to the existing street grid. Assuming the north properties are developed with multifamily, 12'h Avenue would allow for additional access points for increased traffic generated by the development. Staff recommends the City retain 121" Avenue ROW. Whether the substitution of a new and different public way would be more useful to the public? Currently public access is not needed in this area because no properties utilize the right-of- way for access, and the properties adjacent to the unimproved right-of-way are owned by the Hamilton's and Jeff McCloskey. However, future development is dependent upon access being provided. Without a development plan it is not apparent if a new and different public way would be more useful to the public. An ingress/egress access easement could be provided to ensure access for parcel numbers 35233.0203 and 35233.0204 and/or a BLA or BLE could occur to ensure that all properties have access off of the remaining ROWs. Requiring a BLE to create a single parcel will resolve the access issue for the parcels. 12" Avenue is still necessary for connectivity and to support the multi -family development on the north parcels that is anticipated in the Comprehensive Plan. Staff recommends the City retain 12'" Avenue to ensure adequate access to support future development. 4. Whether conditions may so change in the future as to provide a greater use or need than presently exists? Based on the comprehensive plan the site is designated as single family residential and zoned R-3 which allows for single family and duplex residential development. The property owner recently applied for a Comprehensive Plan Amendment to change the land use designation and zoning from single family residential to Multi -family residential in order to allow an Findings and Recommendations of the Spokane Valley Planning Commission St V-2019-0005 Page 2 of 4 increase in development density and multifamily development. The City Council declined to consider the request and removed it from the 2020 Annual Comprehensive Plan Docket, thereby halting further consideration of any land use designation change. It is anticipated that the adjacent properties will remain single family residential and require access for future development through a subdivision process. The current Chronicle Road ROW ensures that parcel number 35233.0203 and 35233.0204 have access for further development. The subdivision process would also ensure adequate access is provided as each lot created must have access to a public or private street. It is presumed that the property will develop into single family residential lots and access will be appropriately provided through the subdivision process consistent with Title 20, SVMC and the City of Spokane Valley Street Standards. As the parcels are currently configured, parcel numbers 35233.0203 and 35233.0204 require the use of Chronical Road ROW to ensure access. As discussed above a BLE will resolve the situation ensuring access. Also noted in the Background section the vacation of 13'h Avenue ROW and the alleyway will have no apparent impact on the development of parcel numbers 35233.0101 and 35233.1402 due to the existing pond. The two parcels immediately to the north are zoned Multi -family and it is assumed that the property will develop as such. 12'h Avenue provides a connection to Carnahan as well as a second connection to the parcels which are necessary to support the increased traffic generated from a multifamily project. Staff recommends that 12'h Avenue is retained by the City to support future development of parcels to the north. 5. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public? No public comment has been received. The City's Stormwater Engineer noted that stormwater drainage facilities were located in the ROW and that the facilities would need to be relocated and/or placed within an easement. The City Engineer noted that Chronicle Road and 12'h Avenue are required to provide access to the existing parcels, but that 13'h Avenue and the alleyway could be vacated as they encroach on the wetland (old borrow pit). The analysis above notes that access issues can be resolved with a BLA or BLE, and that 12`11 Avenue should be retained to support high density development to the north. Staff recommends that the 12'h Avenue ROW be retained by the City. Conclusion: The findings confirm criteria set forth in SVMC 22.140.030 have been met. C. Recommendation: Planning Commission recommends City Council approve the amended proposal to vacate 385 feet of 13`'' Avenue and the alleyway lying immediately to the north, and 491 feet of Chronicle Road subject to the following: 1. Initial work to satisfy conditions of the street vacation (File No. STV-2019-0005), including all conditions below shall be submitted to the City for review within 90 days following the effective date of approval by the City Council. 2. The vacated property shall be transferred into the abutting parcels (35233.0101, 35233.1402, 35233.0203, 35233.0204 and 35233.1307, or as otherwise adjusted by a Boundary Line Elimination) as shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 9. Findings and Recommendations of the Spokane Valley Planning Commission STV-2019-0005 Page 3 of 4 3. All existing lots shall have access to a public street prior to finalization. A Boundary Line Elimination application shall be submitted to the City within 30 days of the effective date of approval that aggregates 35233.0101, 35233.0204 and 35233.0203. Additional parcels, including 35233.1402, may be included in the Boundary Line Elimination if desired by the applicant. The Boundary Line Elimination application shall combine the proposed lot elimination with the record of survey vacating portions of 13`h Avenue, the adjacent alleyway. and Chronicle Road. The document must be recorded within 90 days of the effective date of approval. 4. The following easement and dedication are required. Submit recording number on record of survey and written documentation of easement for City verification. a. A drainage easement acceptable to the City of Spokane Valley for the existing stormwater facilities shall be provided b. The 100-foot cul-de-sac on Chronicle Road shall be dedicated to the City. c. A 30-foot wide sewer easement, located 15 feet on either side of the center of the existing sewer man, acceptable to the City of Spokane for the existing sewer main if any portion of the main lies outside ofa designated easement. 5. Following the City Council's passage of the Ordinance approving the street vacation, a record of survey of the area to be vacated, prepared by a registered surveyor in the State of Washington, including an exact metes and bounds legal description, and specifying any and all applicable easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the City Manager, or designee, for review. 6. The surveyor shall locate a monument at the intersection of the centerline of the vacated right-of- way with each street or right-of-way in accordance with the standards established by the SVSS. 7. All direct and indirect costs of title transfer of the vacated street from public to private ownership, including but not limited to, title company charges, copying fees, and recording fees shall be paid by the proponent. The City shall not and does not assume any financial responsibility for any direct or indirect costs for the transfer of title. 8. The zoning district designation of the properties adjoining the street to be vacated shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the districts. The adopting Ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 9. The record of survey and certified copy of the Ordinance shall be recorded by the City Clerk in the office of the Spokane County Auditor. 10. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. Approved this 27th day of February, 2020 ommissio hairman ATTEST Deanna Horton, Administrative Assistant Findings and Recommendations of the Spokane Valley. Planning Commission STV-2019-0005 Page 4 of 4 Spakar�e 4.0°Valley COMMUNITY AND PUBLIC WORKS BUILDING & PLANNING REVISED 1-9-2020 STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION FILE: STV-2019-0005 STAFF REPORT DATE: December 16, 2019 FILE NO: STV-2019-0005 PROPOSAL DESCRIPTION: Request to vacate 385' of unimproved sections of 12th and 13th Avenue, and the alley lying in between, and 491' of unimproved Chronicle Road. The right-of-way widths vary from 12' wide up to 60'. STAFF PLANNER: Lori Barlow, AICP, Senior Planner, Community & Public Works APPLICANT: Todd Whipple, Whipple Consulting Engineers, 21 S Pines Rd, Spokane Valley, WA 99206 Owner 1: Tom and Michelle Hamilton, 9212 E Montgomery Avenue, Ste 604, Spokane Valley, WA 99206 Owner 2: Jeff McCloskey, 9708 N. Nevada Street, Spokane, WA 99218 Owner 3: David Black, 12009 E Empire Ave. Spokane, WA 99206 PROPOSAL LOCATION: The portion of right-of-ways (ROW) proposed to be vacated lies southwest of the intersection of 12th Avenue and Carnahan Road and is adjacent to parcel numbers 35233.9189, 35233.9190, 35233.0101, 35233.1402, 35233.1307, 35233.0204, and 35233.0203, and further located in the SW quarter of the SE quarter of Section 23, Township 25 North, Range 43 East, Willamette Meridian, Spokane Valley, Washington. BACKGROUND: The City received an application on October 3, 2019 from Whipple Consulting Engineers (WCE) representing the owners, Tom and Michelle Hamilton and Jeff McCloskey, requesting to vacate unimproved portions of 12th and 13th Avenue, the alleyway between 12th and 13th Avenues, and Chronicle Road. The total area requested to be vacated is 1.58 acres (12th Avenue area is 11,567 sq. ft.; 13th Avenue area is 23,087 sq. ft.; alleyway area is 4,623 sq. ft.; and Chronicle Road area is 29,461 sq. ft.). The property owner has identified the following reasons for making the request: 1. The vacation would allow development of the site to its full potential by removing ROW requirements in "unconstructable" locations; 2. The streets and alleys are no longer required for public use or access; and 3. On -site wetlands interfere with the construction of 13th Avenue. The subject ROW does not contain any city facilities or utility improvements other than portions of a stormwater system that include pipes and catch basins. According to the City's Stormwater Engineer the system traverses to the North, through other private properties with no secured easements. The system would need to be relocated and easements granted to facilitate existing stormwater and future Staff Report and Recommendation STV-2019-0005 Page 1 of 8 December 18, 2019; Revised January 9, 2020. development. Utilities were noted to lie in Carnahan Road and surrounding areas which will remain as dedicated right-of-way. It appears that the area falls outside of any water service area which includes City of Spokane Water District, Spokane County Water District #3, and Carnhope Irrigation District #7. Although the surrounding lots are owned by the two parties requesting the vacation, a vacation of the right-of-way would leave parcel numbers 35233.0203 and 35233.0204 without access. Pursuant to Spokane Valley Municipal Code (SVMC) 20.20.090.E "Every lot shall have direct access to a paved public street, private street, or an easement for a private driveway." An access easement or reconfiguration of the lots by a boundary line adjustment or elimination could resolve the access issue. The applicant has proposed to aggregate all of the lots into a single lot to resolve the access issue, and also proposed to dedicate a 100' cul-de-sac to the City as ROW at the end of Chronicle Road to allow future access and termination of the public road. Various portions of the ROW lie within a Flood Zone and a wetland identified by the National Wetlands Inventory Map. The wetland, which is an existing pond that has developed in an abandoned borrow pit, affects the alleyway and possibly a section of the 13th Avenue ROW. Pursuant to Chapter 21.30 SVMC Floodplain Regulations development can occur so long as it is consistent with Chapter 21.30, Spokane County Stormwater Regulations and the City's Street Standards. This would apply if the ROW were constructed as a street, or vacated, and residential development were to follow. The City has the discretion to require a Conditional Letter of Map Revision prior to issuing permits in areas designated as flood zone areas per the Flood Insurance Study and Flood Insurance Rate Map (FIRM). Areas affected by wetlands are typically undevelopable without mitigation. In order to develop the site a wetland report prepared by a qualified professional would be required that would delineate and classify the wetland, and further develope strategies for development that would likely involve a series of mitigation sequencing steps pursuant to Chapter 21.40 SVMC Critical Areas. APPROVAL CRITERIA: 1. Title 20 SVMC (Subdivision Regulations) 2. Title 21 SVMC (Environmental Controls) 3. Title 22 SVMC (Street Vacations) 4. City of Spokane Valley Street Standards ATTACHMENTS: Exhibit 1: Vicinity Map Exhibit 2: Aerial Map Exhibit 3: Application Material Exhibit 4: Notice of Public Hearing Exhibit 5: Agency Comments I. PROPERTY INFORMATION Size and Characteristics of proposed vacation: The total unimproved right of way area is 1.58 acres for 12th and 13th Avenue, the alleyway lying in between and Chronicle Road. The subject right of way is unimproved with portions covered by a floodplain and a wetland. Staff Report and Recommendation STV-2019-0005 December 18, 2019; Revised January 9, 2020. Page 2 of 8 Adjacent Comprehensive Plan Designation: Single -Family Residential (SFR), Multifamily Residential (MFR) Adjacent Zoning: Single -Family Residential Urban (R-3), Multi -family Residential (MFR) Adjacent Land Use(s): Parcel numbers 35233.9189, 35233.9190, 35233.0101, 35233.1402, 35233.1307, 35233.0204, and 35233.0203 are all vacant. II. STAFF ANALYSIS OF STREET VACATION PROPOSAL A. COMPLIANCE WITH SPOKANE VALLEY MUNICIPAL CODE (SVMC) TITLE 22.140.030 Findings: 1. Whether a change of use or vacation of the street or alley will better serve the public? The area proposed to be vacated is unimproved. Portions of a stormwater system, that includes pipes and catchbasins, are located within the right-of-way. No other utilities are located in the ROW. The stormwater system collects stormwater from the south and from the existing pond. The system extends to the north through private property and terminates in a swale on the Soil Conservation District property. The majority of the system is located on private property without easements. The property owner understands that the system will need to be relocated and/or easements provided in conjunction with future development of the property to the north and for the portion of the system lying in the ROW requested to be vacated. The proposed vacation would leave parcel numbers 35233.0203, 35233.0204 and the west side of parcel 35233.0101, which is the area outside of the borrow pit, without ROW access. All the adjacent property owners are owned by the Hamilton's and Jeff McCloskey. The properties could be reconfigured through a boundary line adjustment (BLA) or boundary line elimination (BLE) leaving the resulting properties with access, or an access easement provided. If access is provided to the vacant parcels the vacation is not expected to have impact on the general public as surrounding parcels currently do not use the right-of-way for access. 2. Whether the street or alley is no longer required for public use or public access? The subject right-of-way is unimproved and not being utilized for public access. The site is bordered by R-3 zoned property to the west and south, and Multifamily zoned property to the north. Immediate properties are vacant, while the outlying properties are developed with single family residential neighborhoods. The vacant properties will need access for future development. As situated sufficient access does not exist to allow for the division of parcel numbers 35233.0203 and 35233.0204. Access to the parcels is provided by Chronicle Road but further division into typical residential lots would require the construction of either public or private streets. In the absence of development plans staff recommends the City retain Chronical Road unless the properties are reconfigured or an easement is provided as discussed above. As indicated in the application all adjacent properties are owned by the Hamilton's and Jeff McCloskey and the BLA/BLE can be accomplished. Staff Report and Recommendation STV-2019-0005 Page 3 of 8 December 18, 2019; Revised January 9, 2020. Although no development plans have been provided as part of this application, the applicant has provided a concept plan that indicates a design for single family development with a reconfigured street plan on the adjacent properties and multifamily located to the north in the Multi -family Residential Zone. Currently the ROW is not needed for the existing development that takes access off 14th Avenue and 13th Avenue. 13th Avenue ends in a cul de sac preventing the extension of 13th Avenue. Access for future development would be required through any proposed platting activity. Since 13th Avenue and the alleyway are affected by the existing pond, and since 13th Avenue to the west ends in a cul-de-sac, which prevents the extension, both 13th Avenue and the alleyway could be vacated without impact. Parcel Numbers 35233.0101 and 35233.1402 would have access from both Carnahan Road and Chronicle Road. Although 12th Avenue is only 30' wide, the additional ROW could be obtained if needed at the time of future development of the northerly properties providing connectivity to the existing street grid. Assuming the north properties are developed with multifamily, 12th Avenue would allow for additional access points for increased traffic generated by the development. Staff recommends the City retain 12th Avenue ROW. 3. Whether the substitution of a new and different public way would be more useful to the public? Currently public access is not needed in this area because no properties utilize the right-of- way for access, and the properties adjacent to the unimproved right-of-way are owned by the Hamilton's and Jeff McCloskey. However, future development is dependent upon access being provided. Without a development plan it is not apparent if a new and different public way would be more useful to the public. An ingress/egress access easement could be provided to ensure access for parcel numbers 35233.0203 and 35233.0204 and/or a BLA or BLE could occur to ensure that all properties have access off of the remaining ROWs. Requiring a BLE to create a single parcel will resolve the access issue for the parcels. 12th Avenue is still necessary for connectivity and to support the multi -family development on the north parcels that is anticipated in the Comprehensive Plan. Staff recommends the City retain 12th Avenue to ensure adequate access to support future development. 4. Whether conditions may so change in the future as to provide a greater use or need than presently exists? Based on the comprehensive plan the site is designated as single family residential and zoned R-3 which allows for single family and duplex residential development. The property owner recently applied for a Comprehensive Plan Amendment to change the land use designation and zoning from single family residential to Multi -family residential in order to allow an increase in development density and multifamily development. The City Council declined to consider the request and removed it from the 2020 Annual Comprehensive Plan Docket, thereby halting further consideration of any land use designation change. It is anticipated that the adjacent properties will remain single family residential and require access for future development through a subdivision process. The current Chronicle Road ROW ensures that parcel number 35233.0203 and 35233.0204 have access for further development. The subdivision process would also ensure adequate access is provided as Staff Report and Recommendation STV-2019-0005 Page 4 of 8 December 18, 2019; Revised January 9, 2020. each lot created must have access to a public or private street. It is presumed that the property will develop into single family residential lots and access will be appropriately provided through the subdivision process consistent with Title 20, SVMC and the City of Spokane Valley Street Standards. As the parcels are currently configured, parcel numbers 35233.0203 and 35233.0204 require the use of Chronical Road ROW to ensure access. As discussed above a BLE will resolve the situation ensuring access. Also noted in the Background section the vacation of 13th Avenue ROW and the alleyway will have no apparent impact on the development of parcel numbers 35233.0101 and 35233.1402 due to the existing pond. The two parcels immediately to the north are zoned Multi -family and it is assumed that the property will develop as such. 12th Avenue provides a connection to Carnahan as well as a second connection to the parcels which are necessary to support the increased traffic generated from a multifamily project. Staff recommends that 12th Avenue is retained by the City to support future development of parcels to the north. 5. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public? No public comment has been received. The City's Stormwater Engineer noted that stormwater drainage facilities were located in the ROW and that the facilities would need to be relocated and/or placed within an easement. The City Engineer noted that Chronicle Road and 12th Avenue are required to provide access to the existing parcels, but that 13th Avenue and the alleyway could be vacated as they encroach on the wetland (old borrow pit). The analysis above notes that access issues can be resolved with a BLA or BLE, and that 12th Avenue should be retained to support high density development to the north. Staff recommends that the 12th Avenue ROW be retained by the City. Conclusions: The findings confirm criteria set forth in SVMC 22.140.030 have been met. B. COMPLIANCE WITH SVMC TITLE 21 — ENVIRONMENTAL CONTROLS The Planning Division has reviewed the proposed project and has determined that the project is categorically exempt pursuant to WAC 197-11-800(2)(i) and SVMC 21.20.040 from environmental review under the provisions of the State Environmental Policy Act (SEPA). III. PUBLIC COMMENTS Findings: No public comments have been received following the notice of public hearing issued, mailed and posted on December 20, 2019. A Notice of Public Hearing sign was posted on the property December 20, 2019 in three separate locations and public hearing notices were mailed to all owners adjacent to the right-of-ways being Staff Report and Recommendation STV-2019-0005 Page 5 of 8 December 18, 2019; Revised January 9, 2020. vacated. Notices were posted in the Spokane Valley Public Library, City of Spokane Valley main reception area and CenterPlace Event Center on December 20, 2019. Lastly, the notice was published in the Spokane Valley Herald on December 20, 2019 and December 27, 2019. Conclusion(s): Staff concludes that adequate public noticing was conducted for STV-2019-0005 in accordance with adopted public noticing procedures. IV. AGENCY COMMENTS Notice was provided to agencies and service providers. Comments were received from the following agencies and are attached as exhibits to this staff report. Where necessary, comments have been incorporated into the recommended conditions of approval in Section V. Agency Received Comments Comments Dated City of Spokane Valley Public Works Yes Dec. 3, 2019 Spokane Valley Fire District No.1 Yes Dec. 16, 2019 Spokane County Environmental Services Yes Aug. 21, 2019 w/application Spokane Regional Health District No Avista Utilities Yes Dec. 2, 2019 Spokane Transit Authority No City of Spokane Valley Police Department No Century Link Yes Aug. 16, 2019 w/application Comcast Yes Aug. 20, 2019 w/application Spokane School District 81 No Carnhope Irrigation District No 7 and Consolidated Irrigation District #19 Yes Dec. 2, 2019 Aug. 26, 2019 - w/application Spokane County Division of Utilities Yes Dec. 16, 2019 Findings: Notice of application was routed to jurisdictional agencies, utilities, and public districts for review and comment. On December 3, 2019 comments were received from Bill Helbig (Spokane Valley City Engineer) which did not recommend the approval of the vacation of Chronicle Road and 12th Avenue due to the future need for residential development; Additional discussion noted that access concerns could be alleviated by the aggregation. It was recommended that the City retain the 12th Avenue ROW. The City Stormwater Engineer identified existing stormwater facilities and noted that the facilities would need to be relocated and/or placed in easements. It does appear that the property does not lie within a water service area. This will need to be resolved prior to any development. No other substantive agency comments have been received to date. Conclusion(s): Staff Report and Recommendation STV-2019-0005 Page 6 of 8 December 18, 2019; Revised January 9, 2020. Staff concludes that jurisdictional agencies, utilities, and or public districts have no concerns regarding the proposed street vacation for 13th Avenue, the alleyway lying in between 12th and 13th Avenue, and Chronicle Road so long as conditions are met; Staff concludes that the 12th Avenue ROW should be retained to support future high density development of the multifamily properties immediately to the north. V. OVERALL CONCLUSIONS AND FINDINGS (AMENDED 1-9-2020) Staff concludes that STV-2019-0005 as proposed is generally consistent, or will be made consistent, through the recommended conditions of approval based on the approval criteria stated herein. RECOMMENDATION: Approve the request to vacate 385 feet of an unimproved portion of 13th Avenue and the alleyway lying immediately to the north, and 491 feet of Chronicle Road subject to the following: 1. Initial work to satisfy conditions of the street vacation (File No. STV-2019-0005), including all conditions below shall be submitted to the City for review within 90 days following the effective date of approval by the City Council. 2. The vacated property shall be transferred into the abutting parcels (35233.010h and 35233.1402, 35233.0203, 35233.0204 and 35233.1307, or as otherwise adjusted by a Boundary Line Elimination) as shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 9. 3. All existing lots shall have access to a public street prior to finalization. A Boundary Line Elimination application shall be submitted to the City within 30 days of the effective date of approval that aggregates 35233.0101, 35233.0204 and 35233.0203. Additional parcels, including 35233.1402, may be included in the Boundary Line Elimination if desired by the applicant. The Boundary Line Elimination application shall combine the proposed lot elimination with the record of survey vacating portions of 13th Avenue, the adjacent alleyway, and Chronicle Road. The document must be recorded within 90 days of the effective date of approval. 4. The following easement and dedication are required. Submit recording number on record of survey and written documentation of easement for City verification. a. A drainage easement acceptable to the City of Spokane Valley for the existing stormwater facilities shall be provided..... b_The 100-foot cul-de-sac on Chronicle Road shall be dedicated to the City. bC.A 30-foot wide sewer easement, located 15 feet on either side of the center of the existing sewer man, acceptable to the City of Spokane for the existing sewer main if any portion of the main lies outside of a designated easement. 5. Following the City Council's passage of the Ordinance approving the street vacation, a record of survey of the area to be vacated, prepared by a registered surveyor in the State of Staff Report and Recommendation STV-2019-0005 Page 7 of 8 December 18, 2019; Revised January 9, 2020. Washington, including an exact metes and bounds legal description, and specifying any and all applicable easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the City Manager, or designee, for review. 6. The surveyor shall locate a monument at the intersection of the centerline of the vacated right- of-way with each street or right-of-way in accordance with the standards established by the SVSS. 7. All direct and indirect costs of title transfer of the vacated street from public to private ownership, including but not limited to, title company charges, copying fees, and recording fees shall be paid by the proponent. The City shall not and does not assume any financial responsibility for any direct or indirect costs for the transfer of title. 8. The zoning district designation of the properties adjoining the street to be vacated shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the districts. The adopting Ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 9. The record of survey and certified copy of the Ordinance shall be recorded by the City Clerk in the office of the Spokane County Auditor. 10. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. Staff Report and Recommendation STV-2019-0005 Page 8 of 8 December 18, 2019; Revised January 9, 2020. 0 0 c 0 O Z L V' 0 V 2 M 13 tri CT 0 ae 3 a N W E 5 Project city -p_oh "DU) RECEIVED OCT 032019 COSV PERMIT CENTER Sub # t I REV. # 1 + PROJ #: 19-2361 DATE: OS/ 1 6' 1 9 DRAWN: SMM REVIEWED: TRW SCALE: NTS CARNAHAN WEST VICINITY MAP STREET VACATI❑N SPOKANE VALLEY, WASHINGTON EX- 1 WC E WHIPPLE CONSULTING c'....: '•..:- CIVIL AND TRANSPORTATIi0N E�.GIhEtrati'G 21 SOUTH PINES ROAD S0OKANE VAL LEY WASHING7C N 99206 5C;9..5f1-,.;'f • F;;g: 509.926-0227 Sp(HI,�f - STREET VACATION APPLICATION 2361 okane ,-NW 22.14 11.IE o _ .FValley:. STAFF USE ONLY UL i U 3 1019Phone: (5 000V 4'C41M4T CCINTD-4 SUB # I 1 REV. # 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 ) 720-5240 ♦ Fax: (509) 720-5075 • perniitcenter:a,pokanevallev.ore Date Submitted: ;. / 31 F by:9 7` Received '� Fee: PLUS #: A/A- File #: 41 ?A 4rt PART I — REQUIRED MATERIAL `"THE APPLICATION WILL NOT BE ACCEPTED IF THE REQUIRED MATERIALS ARE NOT PROVIDED"' 'Completed Application Form [j►Application Fee 13. oJice of Application Packet (17,80.110) — Adjacent Property(ies) itten Narrative — A written narrative describing the reasons for the proposed street vacation. the physical imits of the proposed street vacation and the public benefit of the proposed street vacation. [ ].-Written Correspondence from Utility Purveyors (XTetephone X Cable Electric (XWater District X Fire District X Gas Utility _ Other (Specify ]_ X Sewer Utility cinity Map — Submit a map showing the general area of the proposed vacation Ekte-Cord of Survey, if available. for the subject street and/or alley proposed for vacation. and abutting properties, streets and alleys within 100 feet on all sides of the proposed vacation. ❑ Written Evidence of all easements, allowances or reservations, if available. pertaining to the street and/or alley proposed for vacation, PART II — APPLICATION INFORMATION APPLICANT NAME: WHIPPLE CONSUTLING ENGINEERS, TODD R. WHIPPLE, PE MAILING ADDRESS: SOUTH 21 PINES ROAD CITY: SPOKANE VALLEY STATE: WA ZIP: 99206 PHONE: (509)893-2617 FAx CELL: EMAIL: TODDW@WHIPPLECE,COM PROPERTY OWNER NO. 1: TOM AND MICHELLE HAMILTON MAILING ADDRESS: 9212 E. MONTGOMERY AVE, STE 604 CITY: SPOKANE VALLEY STATE: WA ZIP: 99206 PL-15 V1.0 Page 1 of PHONE: FAX: CELL: EMAIL: PROPERTY OVNNER No. 2: Jeff McCloskey MAILING ADDRESS: 9708 N. Nevada St STATE: WA Zip: 99218 PHONE: r FAX: CELL: EMAIL: If more than two (2) abutting property owners, include information and written authorization on a separate sheet of paper for each. NAME OF STREET/ALLEY TO BE VACATED: 12TH AVE., 13TH AVE., CHRONICLE RD., ALLEY (PUBLIC) ❑IMENSIONS OF STREET/ALLEY TO BE VACATED: 12th AVE=30' WIDE. 13TH AVE=60' WIDE, CHRONICAL RD=60' WIDE, & ALLEY 12' WIDE SQUARE FEET OF STREET/ALLEY TO BE VACATED: 1.58 ACRES ABUTTING TAX PARCEL NO(S).: 35233.0101, .1307, .1402, .0203, .0204, .9190, .9189 ADDRESSES OF ABUTTING PARCELS: UNASSIGNED, 4900 E. 23TH AVE, & 910 S. CARNAHAN RD. ZONING DESIGNATION: R3 AND MF THE FOLLOWING IS CRITERIA EVALUATED BY THE PLANNING COMMISSION IN FORMULATING A RECOMMENDATION TO THE CITY COUNCIL. ON A SEPARATE SHEET OF PAPER THE FOLLOWING QUESTIONS SHALL BE ANSWERED IN A ❑ETAILED MANNER; 1. HOW DOES A CHANGE OF USE OR VACATION OF THE STREET/ALLEY IMPROVE SERVICE TO THE PUBLIC.? 2. IS THE STREET OR ALLEY NO LONGER REQUIRED FOR PUBLIC USE CR PUBLIC ACCESS? EXPLAIN. 3. WOULD SUBSTITUTION OF A NEW AND/OR DIFFERENT PUBLIC RIGHT-OF-WAY BETTER SERVE THE PUBLIC? EXPLAIN. R. HOW WILL USE OR NEED FOR THIS RIGHT-OF-WAY BE AFFECTED BY FUTURE CONDITIONS? EXPLAIN. 5. WILL EASEMENTS BE RETAINED FOR ALL UNDERGROUND AND OVERHEAD UTILITIES? THE REQUESTED VACATION IS LOCATED IN THE SERVICE AREA OF WHAT UTILITY COMPANIES. (SPECIFY)? 6. ❑OES THE RIGHT-OF-WAY INCLUDE STORMWATER DRAINAGE FACILITIES (SPECIFY)? PLEASE NOTE: PER RCW 35.79.040 (TITLE TO VACATED STREET/ALLEY), THE PROPERTY WITHIN A PUBLIC STREET OR ALLEY VACATED BY THE CITY COUNCIL SHALL BELONG TO THE ABUTTING PROPERTY OWNERS, ONE-HALF (1 /2) TO EACH. THEREFORE, PROPERTY OWNER SHALL BE REQUIRED TO SIGN THE STREET VACATION APPLICATION. PER RESOLUTION 07-009 OF THE CITY OF SPOKANE VALLEY, THE CITY COUNCIL HAS THE AUTHORITY TO IMPOSE CHARGES FOR STREET/ALLEY VACATION PURSUANT TO RCW 36.79.030 PL-15 V1.0 Page 3 of PART III — AUTHORIZATION (Signature of owner or authorized representative) I, Susan M. Moss • (print name) swear or affirm that the above responses are made truthfully and to the best of my knowledge. STATE OFWASHINGTON) ss: COUNTY OF SPOKANE } SUBSCRIBED AND SWORN to before me this 7w • / /z rCy ate} NOTARY FLAILk day of OC t,Ja , 2O CI 7/ TARY Si43NA U hE Notary Public in and flathe State of Washington Residing at: C-1 My appointment expires: i(' ( [ �--, LEGAL OWNER NO. 1 AUTHORIZATION: If the_applicant is/not the legal owner(s). the owner must provide the following acknowledgement; owner of the above described property do hereby authorize Whipple Consulting Engineers to represent me and my interests in all matters regarding this application. LEGAL OWNER NO. 2 AUTHORIZATION: If the applicant is not the legal owner(s) the owner must provide the following acknowledgement; owner of the above described property do hereby authorize Whipple Consulting Engineers to represent me and my nterests in all matters regarding this application. PL-15 V1.0 Page 4 of All, Attached are pdfs showing the vicinity map and an exhibit of a proposed street/alley vacation we are proposing for a project located on and near 910 5. Carnahan Rd in Spokane Valley. Can you please provide correspondence regarding this vacation on if your business has an issue with the vacation or not and what the issues may be. Can you also send any easement documents, if there is an easement within 100' of the vacations. This correspondence will be submittal to the City of Spokane with our street vacation packet. Please contact me if you have any questions. Thank you for your help. Best regards, Susan Moss, ASO Landscape Archtect 509-893-2617 IWCE p .IG Cor...;ultlncj Encpnoars vo,ppo.rf oft Proect # ' .14 ODD RECEIVED OCT 032019 COSV PERMIT CENTER SUB # REV. # This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized s_ of this communication is strictly prohibited and may be unlawful. if you have received this communication in error, cruse immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. 2 Susan Moss From: Lacambra, Altar<Aitor,Lacambra@CenturyLink,com> Sent: Friday, August 16, 2019 1:45 PM To: Susan Moss Subject: FW: 2361and 2361street/Alley vacation request on 12 th and Carnahan Rd, Attachments: 2161 and 2361.pptx Susan, Attached is our cable Map for that area it appears all our cables run along S Carnahan in the ROW. Nothing crossing your properties. Thank you Aitor Lacambra Engineer II 904 N Columbus St. Spokane WA 99202 Office: 509-835-4605. Mobile: 509-701-0728 Aitor.Lacambra r centurvlink.com Cr./o rryt-ink CenturyL i Ilk° m)VFTS From: Welch, Mark <Mark.Welch@CenturyLink.com> Sent: Friday, August 16, 2019 1:09 PM To: Lacambra, Aitor <Aitor-.' a cdmbra@CenturyLink.com> Subject: FW: 2361street/Ailey vacation request on 12 th and Carnahan Rd. Mark Welch Engineer II 904 N. Columbus St., Spokane, WA, 99202 tel: 509.835.4604 cell: 509.703.2705 mark.welch tnx centurylink.com or CenturyLink° From: Susan Moss <smoss@whipplece.com> Sent: Friday, August 16, 2019 11:48 AM To: Welch, Mark <Mark.Welch@CenturyLink.com>; Shane Sheppard(consolidatedirrigation@comcast.net) <consolidatedirrigation@comcast.net>; spokane valley fire (inspectionsPspakanevalleyfire.com) <inspectiions@spokanevalleyfire.com>; robb.koschalk@avistacorp,com; CKnudson@spokanecounty.org Subject: 2361street/Alley vacation request on 12 th and Carnahan Rd. 1 Century Link has no cables property. All our cables are in the ROW ay. COMCAST August 20, 2019 Planning & Development Services 808 W. Spokane Falls Blvd. Spokane, WA 99201 RE: Vacation of right of Way. Freemont Park Addition Blocks 1-7 Comcast has reviewed the vacation request. We have no objections to the vacationif you have any questions please call. Sincerclv,, -' Bryan ichardson Contractor Coordinator for Comcast Cable, Spokane (509)755-4717 1717 E Buckeye Spokane, WA 99207 www.comcastcorporation.corn Susan Moss From: Knudson, Chris <CKnudson@spokanecounty.org> Sent: Wednesday, August 21, 2019 1:21 PM To: Susan Moss Subject: FW: 2161street/Alley vacation request on 12 th and Carnahan Rd. A 2ND REQUEST Here is the verdict. Chris From: Stiltz, Mark Sent: Monday, August 19, 2019 2:34 PM To: Knudson, Chris <CKnudson@spokanecounty.org> Cc: Repp, Gene <GRepp@spokanecounty.org> Subject: RE: 2161street/Alley vacation request on 12 th and Carnahan Rd. A 2ND REQUEST City of Spokane sewer service area. No objections. Mark Stiltz Environmental Services Dept. (509) 477-7469 Please take a moment to answer 5 questions about your most recent interaction with our department. Thank you. http: w «w.spokanecounty.ar ESSury ev From: Knudson, Chris Sent: Monday, August 19, 2019 12:55 PM To: Stiltz, Mark <MStiltz@spokanecounty.org> Cc: Repp, Gene rGRepp@ spokanecounty.org. Subject: FW: 2161street/Alley vacation request on 12 th and Carnahan Rd. A 2ND REQUEST Another vacation. We can chat on Wednesday if needed at the development meeting. Chris From: Susan Moss [mailto:smoss@whipplece.com] Sent: Friday, August 16, 2019 12:57 PM To: mark.welch@centurylink.com; Shane Sheppard(cansolidatedirrigation@corrmcast.net) <consolidatedirrigation@comcastnet>; inspections@spokanevalleyfire.com; robb.koschalk@avistacorp.com; Knudson, Chris <CKnudson@spokanecounty.org> Cc: Save rsave@whipplece.com> Subject: FW: 2161street/Alley vacation request on 12 th and Carnahan Rd. A 2ND REQUEST To all Utilities, This is a second Street/Alley Vacation.... 1 Attached are pdfs showing the vicinity map and an exhibit of a proposed street/alley vacation we are proposing for a project located on and near 910 S. Carnahan Rd in Spokane Valley. Can you please provide correspondence regarding this vacation on if your business has an issue with the vacation or not and what the issues may be. Can you also send any easement documents, if there is an easement within 100' of the vacations. This correspondence will be submittal to the City of Spokane with our street vacation packet. Please contact me if you have any questions. Thank you for your help. Best regards, Susan Moss, ASLA Landscape Archtect 509-893.2617 tWC E Whipple Consulting Engineers XnuaM A_ P. . XPOt.I f vn++r, WA 9770E 2 August 26, 2019 RE: Street Vacation 12th Avenue east of Camahan Road Chronicle Road & 120113«" Avenue west of Carnahan Road Pursuing Excellence BRYAN COLLINS, FIRE CHIEF 2120 N. Wilbur Spokane Valley, WA 99206 (509) 928.1700 Main (509) 892-4125 Fax spoka neval leyfi re.co m The Spokane Valley Fire Department has completed a review of the preliminary submittal for the proposed street vacations and has no comments. If there are any questions please do not hesitate to call. Sincerely, r 14f%fry Traci Harvey Fire Protection Engineer Spokane Valley Fire Department Susan Moss From: consolidatedirrigation@comcast.net Sent: Monday, August 26, 2019 9:33 AM To: Susan Moss Subject: RE: 2161street/Afley vacation request on 12 th and Carnahan Rd. A 2ND REQUEST Susan, The following Street Vacation projects are within Carnhope Irrigation District #7. (509) 536-9180 Thanks, SHANE SHEPPA.RD consolidatcdsrrigation(?comcast.net CONSOLIDATED IRRIGATION DISTRICT 19 Phone: (50E9) 9241855 From: Susan Moss <smoss@whipplece.com> Sent: Monday, August 26, 2019 9:28 AM To: Shane Sheppard (consolidatedirrigation@comcast.net) <consolidatedirrigation@comcast.net> Subject: FW: 2161street/Alley vacation request on 12 th and Carnahan Rd, A 2ND REQUEST Hi Shane, Welcome back from vacation. Can you please review these projects and send comments to me for 2 separate street vacation projects? Thanks for your help. Best regards. Susan Moss, ASLA Landscape Archtect 509-893-2617 IWCE Wh,ppic Consukir►Q Efgincprs wrE prcnndas &fond Do, rir swti ;i-$ mr fhe faakinury Nea-V: and Sur+rSy14. Srruclur,w4na LriHC Ensmnec,ln . Land rhlrvtirlp and l arYhCdps r4CfWKfure.. From: Susan Moss Sent: Friday, August 16, 2019 12:57 PM To: mark.welch@centurylink.com; Shane Sheppard (consolidatedirrigation@comcast.net) Econsolidatedirrigation@comcast.net›; inspections@spokanevalleyfire.com; robb.koschalk@avistacarp.com; 1 NAIB1ack Black Commercial, Inc. 801 W. Riverside Ave Suite 300 Spokane, WA 99201 Phone: 509-623-1000 Fax: 509-622-3500 Co+mmerc,ai Brokers Assneiabon ALL RIGHTS RESERVED Form PS 1A Purchase & Sale Agreement Rev 112011 Page 1 of 13 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT This has been prepared for su{lmrssl°n Co your attorney for renew and approval Brier to signing. Na representation rs made by Ircensee as to its .sufficiency or lax consequences GB Referee _: +=tc: 9_30 , 20 19 McCloskey Construction Inc. ("Buyer") ag-ees to buy and David A Black ("Seller') agrees to see!„,:= + ;•,�•,.�;ng terms, the commercial real estate and al; :i,r-. exits thereon (collectively, the "Property 1 : : ;1rTrinly krrc., 1 as 910 S Carnahan rdin the City cf Spokane valley , Spokane County, Washington, 99212 , describe' •-,. attached Exhibit A. The Reference Date ar'., is intended to be used to reference this A :'-c4.-mcIrt and is not the date of"Mutual Acceptance," which is do:fiticid in Section 23, 1. PURCHASE PRICE. The purchase price Is Three Hundred Seventy five Thousand DIlars ($ 375 COO ) payable as follows (check only one): All cash at closing with no financing contingency, El All cash at closing contingent on new financing in accordance with the Financing Addendum (attach CBA Form PS_FIN). ❑ $ OR % of the purchase price in cash at closing with the balance of the purchase price paid as follows (check one or both, as =.pplicabte): ❑ Buyer's assumption of tare outstanding principal balance as of the Closing Date of a first lie" note and deed of trust (or mortgage), or real estate contract. in accordance with the Financing Addendum (di: 1cr1 CBA Form PS_FIN); ❑ Buyer's delivery at closing of a promissory note for the balance of the purchase pre,secured by a deed of trust encumbering the Property. in accordance with the Financing Addendum (attach CBA Form PS_FIN ). ❑ Other. 2. EARNEST MONEY. The earnest money in the amount of $ 5 000 shall be in the form of ❑ Cash 14 Personal check ❑ Promissory note (attached CBA Form EMN) ❑ Other: The earnest money shall be held by ❑ Selling Firm ® Closing Agent. Selling Broker may. however, transfer the earnest moi ICr Closing Agent. Buys: s't::ll ueliver the earnest money no later than: ❑ 5 cia:y5. after Mutual At Lt= ❑ On ti,•= I;:si rt;:, : rrl.-: �T,�: yibil ty *-:ford in Section 5 below. LI Other. If the earnest money is to be held by Selling Firm and is aver $10,000, it shall be deposited to: ❑ Selling Firm's pooled trust account (with interest paid to the State Treasurer) DA separate interest bearing trust account in Selling Firm's name. The interest. if any, be credited at closing to Buyer. If this sale fails to close, whoever is entitled to the ea" ,, :_.: r,.:ney is en'!r!ed to interest. Selling Firm shall deposit any citc„h ,, l rl:: i.gelling Firm within 3 days after receipt or Mutual Acceptance, whichever occurs later. Buyer : l to pay financing and purchase costs incurred by Buyer. Unless otherwise provided in this Agreement. !' -.arnest money shall be applicable to the purchase price. 3. EXHIBITS AND ADDENDA. The following Ex,; hits and Addenda are made a part of this Agreement: INITIALS: Buyer Buyer Dale C — ., . I Date Date Sevier Date NAIBlack Black Commercial, Inc. 801 W. Riverside Ave Suite 300 Spokane, WA 99201 Phone: 509-623-1000 Fax: 509-622-3500 C Commercial Brokers Assacialion ALL RIGHTS RESERVED Farm PS 1A Purchase 8 Sale Aryeemer Rev 1,2n11 Page 2 of 13 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) me. ® Exhibit. A - Legal Description ❑ Earnest Money Promissory Note, CBA Form EMN D Promissory Note, LPB Form No. 28A. d Short Farm Deed of Trust, LPB Form No. 20 Deed of Trust Rider, CBA Form DTR 0 Utility Charges Addendum, CBA Form UA ❑ FIRPTA Certification, CBA Form 22F 0 Assignment and As•_,imptlon, CBA Form PS -AS ©Addendum!Amendr. nt, CBA Form PSA 0 Back -Lie neeer :r,l CBA Form BU-A CBA Form VLA ❑ r=in, r:'::�� ; ;`•... :r'�_]rrn, CP "t Form PS_FIN CJ f (2;`iL certi rcafe. CBA Form PS_TEC ❑ Defeasance Ad ,,- ndum, CBA Form PS_D ❑ Other 4. SELLER'S UNDERLYING FINANCING. Unless Buyer is assuming Seller's underlying financing, Seller shall be responsible for confirming the existing underlying financing is not subject to any "lock out" or similar covenant which would prevent the lender's lien from being released at closing. In addition. Seller shall provide Buyer notice prior to the end of the Feasibility Period if Seller is required to substitute securities for the Property as collateral for the underlying financing (known as "defeasance"). If Seller provides this notice of defeasance to Buyer, then the parties shall close the transaction in accordance with the process described in CBA Form PS_D or any different process identified in Seller's defeasance notice to Buyer. 5. FEASIBILITY CONTINGENCY. Buyers obligations under this Agrnrmr:rl <ire conditioned upon Buyer's satisfaction in Buyers ,cretion, cancerr ing all aspects of the Frop€ ; including its physical condition; the presence of or abs,r of any hazard.:',;,; r. stances; the contracts a leases affecting the property; the potential financial De rr_; ;e of the Prepeeet , -" ev; ilaleI y of government permits and approvals; and the feasibility of th r' , r L. _;ver s dud greement shall terminate and Buyer shall receive a refuni earnosI 11onek l.•iless Buy ;:• f. notice t seller within 0 days(30 days If not filled in) (the Fey:; }rl:d Period ) of h•1JtLal Acceptance stater, Ih , ,ndition is satisfied. If such notice is timely given, the feasile;.iy contingency stated in this Section 5 sna l be deemed to be satisfied. a, Books, Records, Leases, Agreements. Seller shall make available for inspection by Buyer and its agents within 0 days (2 days if not filled in) after Mutual Acceptance all documents in Seller's possession or con'rol relating to th(= ownership, operation, renovation or development of the Property, excluding appraisals r ; other sta: meats of value, and including: statements for real estate taxes, assessments, and utilities for tl ir_: lesl tr ire ears and year to date; property management agreements and an,, other agreements with profeee, n,: is or consultants; leases or other agreements relating to occl:re inoy of all or a portion of the Property i _! ;rl suite -by -suite schedule of tenants, rents, prepaid rents, d ;-;; ;d fees; plans, specifications, perry ' . applications, drawings, surveys, and studies; maintenance ree•,-,, accounting records and a. _tl' reports for the last three years and year to date; and "Vendor Col-, r',-;,:ts" which shall include n,, r e or service contracts, and installments purchase contracts or I. eels of personal property or ?, _,c-d in connection with the Property. Buyer shall determine within the Feasibility Period: (I) wleenie will agree to terminate any objectionable Vendor Contracts; and (ii) whether Seller will OCr ,.,ay any damages or penalties resulting from the termination of objectionable Vendor Contracts, Buyers waiver of the Feasibility Contingency shall be deemed Buyer's acceptance of all Vendor Contracts which Seller has not agreed in writing to terminate. Buyer shall be solely responsible for obtaining any required consents to such assumption and the payment of any assumption fees. Seller shall INITIALS: Buyer pate r^3 d I' Seller -0 20 Date 9 -3 G - B-ryer Date Seller Date NAIBIack Black Commercial, Inc, 801 W. Riverside Ave Suite 300 Spokane, WA 99201 Phone: 509-623-1000 Fax: 509-622-3500 ZCornmerciai Brokers AssocraLon ALL RIGHTS RESERVED Form Ps 1 A Purchase & Sale Agreement Rev. 92011 Page 3 of f 3 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) c cooperate with Buyer's efforts to receive any such consents but shall not be required to incur any out-of- pocket expenses or liability in doing so. Seller shall transfer the Vendor Contracts as provided in Section 17. b. Access. Seller shall permit Buyer and its agents, at Buyer's sole expense and risk to enter the Property at. reasonable times subject to the rights of and after legal notice to tenants, to conduct inspections concerning the Property and improvements, including without limitation, the structural condition of improvements, hazardous materials, pest infestation, soils conditions, sensitive areas, wetlands, or other matters affecting the feasibility of the Property for Buyer's intended use. Buyer shall schedule any entry onto the Property with Seller in advance and shall comply with Seller's reasonable requirements including those relating to security, confidentiality, and disruption of Seller's tenants. Buyer shall not perform any invasive testing including environmental inspections beyond a phase I assessment or contact the tenants or property management personnel without obtaining the Seller's prior written consent, which shall not he unreasonably withheld. Buyer shall restore the Property and improvements to the same condition they were in prior to inspection. Buyer shall be solely responsible for all costs of its inspections and feasibility analysis and has no authority to bind the Property for purposes of statutory liens. Buyer agrees Io indemnify and defend Seller from all liens, costs, claims, and expenses, including attorneys' and experts' fees, arising from or relatinn to entry onto or inspection of the Prop ee t , Buyer and its agents. This agreement to indemn fv defend Seller shall survive closing. Bu may continue to enter the Property in accordance with tee u:uoing terms and conditions after removal or satisfaction of the feasibility contingency only for the purpose of leasing or tc satisfy conditions of financing. c. Buyer waives the right to receive a seller disclosure statement (-Form 17-Commercial") if required by RCW 64.06. However, if Seller would othere s. _ t_: e:; • rec: provide Buyer with a Form 17-Commercial, and if the answer to any of the questions in the s.,ctton of 11,,_, Form 17_Cnm,mercial entitled "Environmental.' would be "yes,' then Buyer does not waive_ the receipt of the "Environmental" section of the Form 17- Commercial which shall be provided by Seller. 6. TITLE INSURANCE. a. Title Report. Seller authori:es Buyer. its Lender, Listing Broker, Selling Broker or Closing Agent, at Seller's expense, to apply for and deliver to Buyer a XI standard ❑ extended (standard, if not completed) coverage owner's policy of title insurance. Buyer shall pay the increased costs associated with an extended policy including the excess premium over that charged for a standard coverage policy, and the cost of any survey required by the title insurer, The title report shal be issued by First American Title (a title company of Seller's choice, if not completed). If Seller previously received a preliminary commitment from a title insurer that Buyer declines to use, Buyer shall pay any cancellation fee owing to the original title insurer. Otherwise, the party applying for title insurance shalt pay any title cancellation fee, in the event such a fee is assessed. b. Permitted Exceptions. Buyer shall notify Seller of any objectionable matters in the title report or any supplemental report within the earlier of: (1) twenty (20) days after Mutual Acceptance of this Agreement: or (2) the expiration of the Feasibility Period. This Agreement shall terminate and Buyer shall receive a refund of the earnest money, fess any costs advanced or committed for Buyer, unless within five (5) days of Buyer's notice of such objections (1) Seller agrees, in writing, to remove all objectionable provisions or (2) Buyer notifies Seller that Buyer waives any objections which Seller does not agree to remove. If any new title matters are disclosed in a supplemental title report, then the preceding termination, objection and waiver provisions shalt apply to the new title matters except that Buyer's notice of objections must be delivered within five (5) days of delivery of the supplemental report and Seller's response or Buyer's waiver must be delivered within two (2) days of Buyer's notice of objections. The closing date shall be extended to INITIALS: Buyer Buyer Date I Seiler Date — Date Salley Date NA! Black Black Commercial, Inc. 801 W. Riverside Ave Suite 300 Spokane, WA 99201 Phone; 509-623-1000 Fax: 509-622-3500 err Commercial Brokers Associalron ALL RIGHTS RESERVED Form' PS to Purchase & Sale AJ.eement Rev. 1,2091 Page 4 of 13 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) the extent necessary to permit time for these notices. Buyer shall not be required to object to any mortgage or deed of trust liens, or the statutory lien for re: property taxes, and the same shall not be deemed to be Permitted Exceptions; provided, however. r1.,4_: the lien securing any financing which Buyer has agreed to assume shall be a Permitted Exception. cr: _:_•lit for the frc:regoing, those provisions not objected to or for ,.`-rich Buyer waived I:eet eeeee -,i ei t : referred +._, :ollectively as the "Permitted Exceptions." S,:eI r shall cooperate with Buyer and ; 'I n , . r objectionable title matters but shall not be pee. eei to incur any outeef-pocket expense: cr 17LI ut;raer ten payment of monetary encumbrance., r _:+ :>_:;.•,r.ed by Buyer and proration of I grope ,y taxes. and Seller shall provide an owner's af`id contain--."' F fnr—=ttion and reaseeife covenants requested by the title company. The title policy shall contain no except _ns other than the Gr •:era) Exclusions and Exceptions common to such form of policy and the Permitted Exceptions. 7. CLOSING OF SALE. The sale shall be closed on 10-21-2019 , ("Closing") by First American Title ("Closing Agent") (Seller shall select the Closing Agent, if not completed). Buyer and Seller shall deposit with Closing Agent by 12:00 p.m. on the scheduled Closing date all instruments and monies required to complete the purchase in accordance with this Agreement. "Closing" shall be deemed to have occurred when the deed is recorded and the sale proceeds are available to Seller. Time is of the essence in the performance of this Agreement. Sale proceeds shall be considered available to Seller, even though they eennot be disbursed to Seller Lint the next business day after Closing. Notwithstanding the foregoing, if Se I;- r Informed Buyer during the Feasibility Period that Seller's underlying financing requires that it be defense,, „lee may not be paid off, then Closing shall be conducted in accordance with the three-day closing procu _ :_ described in CBA Form PS_D. This Agreement is intended to constitute escrow instructions to Closing AG t. Buyer and Seller will provide any supplemental instructions requested by CH:..ng Agent provided the same are consistent with this Agreement. 8. CLOSING COSTS AND PRORATIONS. liver an updated rent roll to Closing Anent not later than two (2 days before the scheduled Ci it-=r ,r .'1.2 form required by Section 5(a) ar:,: iy other information reasonably requested by Close,e"..:= :+. to allow Closing Agent to preee-e a st ttlerr r; st : _merit for Closing, Seller certifies that the inforree reamed in the rent roll is correct as ut r_, ii ' Selle' shall pay the premium for the o ,r r . r 1 , F to policy. Buyer shall e cr:- , premium attributable to nnv exteneee eeveraee 7:r r ic,r r -n r„:;,Jested by Buy •:r . a tdo cost o; riny survey required in connereion wee lee same A :ii re•.,yer seed each pay one e et. cr'!1C. escrow f !':: Any real estate excise taxes shall be pad ley the e beers pri 1 ,try responsibility t r ,, " -r under applicable statute or code. Real and personal ;,.r r r,,; l-; .. s arks -.-,s rnents payable in e ear of cloy rig; collected rents ,i any existing tenancies rnteres utiiit,e , and c 7 aerating expenses ,hall be pro -rated as of Cl. sing. If tei ants pay any of the foregoing expenses cirectly t, n Closing Agent shall only pro rate those Seller. Buyer shall pay to Seller et Closing an additional sum equal to any utility deposits or • e ,g r jo reserves for assumed financing for which Buyer receives the benefit after Closing, Buyer shall pay costs of financing including the premium for the lender's title policy. If the Property was taxed under a -h rr.=d classification prior to Closing, then Seller shall pay all taxes, interest, penalties, deferred taxes or e !,,r':ems which result from removal of the Property from the deferred classification. At Closing, all ' e :e' _' _°posits on tenancies shall be credited to Buyer or delivered to Buyer for deposit in a trust account r , -e •.red by state or local law. Buyer shall pay any sales or use tax applicable to the transfer of personal .r::.,rty included in the sale, Unpaid Utility Charges. Buyer and Seller ® WAIVE 0 DO NOT WAIVE (do not a:;,;_• i` neither box to W right to have the Closing Agent disburse closing funds nec r, :,i sfy unpaid utility ffecting the Property pursuant to RCW 60.80. If "do not waive' .s checked, then attach CBA Form UA ("Utility Charges" Addendum) to this Agreement. INITIALS: eu)tr Date `' - Seller Buyer Date Seller Date -1 —? Date NAIE3hslck Black Commercial, inc. 801 W. Riverside Ave Suite 300 Spokane, WA 99201 Phone: 509-623-1000 Fax 509-622-3500 Commercial B. okers Association ALL FIGHTS RESERVED COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) Form PS_,A & Sale A�arepmenl. Rev. 112011, Fage j Di 13 9. POST -CLOSING ADJUSTMENTS, COLLECTIONS, AND PAYMENTS. After Closing, Buyer and Seller shall reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the extent those items were prorated or credited at Closing based upon estimates. Any bills Dr invoices received by Buyer after Closing which relate to services rendered or goods delivered to the Seller or the Property prior to Closing shall be paid by Seller upon presentation of such bill or invoice. At Buyer's option, Buyer may pay such b ll or invoice and be reimbursed the amount paid plus interest at the rate of 12% per annum beginning fifteen (15) days from the date of Buyer's written demand to Seller for reimbursement until such reimbursement is made, Notwithstanding the foregoing, if tenants pay certain expenses based on estimates subject to a post -closing reconciliation to the actual amount of those expenses, then Buyer shall be entitled to any surplus and shall be liable for any credit resulting from the reconciliation. Rents collected from each tenant after Closing shall be applied first to rentals due most recently from such tenant for the period after closing, and the balance shall be applied for the benefit of Seller for delinquent rentals owed for a period prior to closing. The amounts applied for the benefit of Seller shall be turned over by Buyer to Seller promptly after receipt. Seller shall be entitled to pursue any lawful methods of collection of delinquent rents but shall have no right to evict tenants after Closing. 10. OPERATIONS PRIOR TO CLOSING. Prior to Closing, Seller shall continue to operate the Properly in the ordinary course of its busness and maintain the Property in the same or better condition than as existing on the date of Mutual Acc pterce but shall not be required to repair material damage from casualty except as otherwise provided in this Agreement. After the Feasibility Period, Seller shall not enter into or modify existing rental agreements or leases (except that Seller may enter into, modify. extend, renew or terminate residential rental agreements or residential leases in the ordinary course of its business), service contracts, or other agreements affecting the Properly which have terms extending beyond Closing without first obtaining Buyers consent, which shall not be unreasonably withheld. 11. POSSESSION. Euyer shall be entitled to possession on closing ❑ (on closing, if not completed), Buyer shall accept possession subject to all tenancies disclosed to Buyer during the Feasibility Period. 12. SELLER'S REPRESENTATIONS. Except as disclosed to or known by Buyer prior to the satisfaction or waver of the feasibility contingency stated in Section 5 above, including in the books, records and documents made available to Buyer. or in the title report or any supplemental report or documents referenced therein, Seller represents to Buyer that, to the best of Seller's actual knowledge, each of the following is true as of the date hereof: (a) Seller is authorized to enter into the Agreement, to sell the Property, and to perform its obligations under the Agreement; (b) The books, records, leases. agreements and other items delivered to Buyer pursuant to this Agreement comprise all material documents in Seller's possession or control regarding the operation and condition of the Property: (c) Seller has not received any written notices that the Property or the business conducted thereon violate any applicable laws, regulations• codes and ordinances: (d) Seller has all certificates of occupancy, permits. and other governmental consents necessary to own and operate the Property for its current use; (e) There is no pending or threatened litigation which would adversely affect the Property or Buyer's ownership thereof after Closing; (f) There is no pending or threatened condemnation or similar proceedings affecting the Prooerty, and the Property is not within the boundaries of any planned or authorized local improvement district; (g) Seller has paid (except to the extent prorated at Closing) all local, state and federal taxes (other than real and personal property taxes and assessments described in Section 8 above) attributable to the period prior to closing which, if not paid, could constitute a lien on Property (including any personal property). or for which Buyer may be held liable after Closing; (h) Seller is not aware of any concealed material defects in the Property except as disclosed to Buyer in writing during the Feasibility Period; (i) There are no Hazardous Substances (as defined below) currently located in, on, or under the INITIALS: Buyer 'r.- Date r i Seller Date C —7 o Euyer Date Seller Date N.4IBIack Black Commercial, Inc. 801 W. Riverside Ave Suite 300 Spokane, WA 99201 Phone: 509-623-1000 Fax: 509-622-3500 9 Commercial Rrakers Assc ial,on ALL RIGHTS RESERVED Foam PS 1A Purchase & Sale Agreemerrl Rev 1f2Of 1 Page 6tit 11 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) c Property in a manner or quantity that presently violates any Envircnmental Law (as defined below); there are no underground storage tanks located on the Property; and there i t, no pendel r; ii•-catened investigation or remedial action by any governmental a-;ency regaeng the releaci:;stances or the violation of Environmental Law at the Property. used hee_;n, the term "Hazardous Substa ;-ens" shall mean any substance or me-i-i! now cr 1 e er F r regulated as a hazardous substance, hazardous waste, toxic s1.:-s_.'ance, ,.::,i'l.leant, or conta ite,;,t under ;; federal, state, or local law, regulation, or ordinance govereieg any seLee.ence that coutf autual or suspected harm to human health or the environment { Lr i•:ynmental L :: y_ The i ` loos Substances" specifically includes, but is not limited to, petroleum. petrc l•e um by -rot cis. and .7'....2bestos. If prior to Cleeere Seller or Buyer discovers any information which would cause any of the representations above to "•: f ,Ise if the same were deemed made as of the date of such discovery, then the party discovering the same shall promptly notify the other party in writing. If the newly -discovered information will result in costs or liability to Buyer in excess of the lesser of $100,000 or five percent (5%) of the purchase price stated in this Agreement, or will materially adversely affect Buyer's intended use of the Property, then Buyer shall have the right to terminate the Agreement and receive a refund of its earnest money. Buyer shall give notice of termination within five (5) days of discovering or receiving written notice of the new information. Nothing in this paragraph shall prevent Buyer from pursuing its remedies against Seller if Seller had actual knowledge of the newly -discovered information such that a representation provided for above was false. 13. AS -IS. Except for these representatiors and warranties specifically included in this Agreement: (i) Seller makes no represent.:_ ;;_ins or warranties regarding the Property; (ii) Seller hereby disclaims, and Buyer hereby waives, ar;y and all representations or warranties n' any kind, express or implied, concerning the Property or any portion thereof. as to its ;_onditlon, l.; cerr,i;fiance with laws, status of permits or approvals, existence or absence of ha:a.-;;;-,':r: r nt,_:, :al on site, occupancy rate or any other matter of similar or dissimilar nature relating in any way is tnc Property, including the warranties of fitness for a particular purpose, tenantability, habitability and use; (iii) Buyer otherwise takes the Property "AS IS;" and (iv) Buyer represents and warrants to Seller that Buyer has sufficient experience and expertise such that it is reasonable for Buyer to rely on its own pre -closing inspections and investigations. 14. PERSONAL PROPERTY. a. This sale includes .III r:. ,, iltie and interest of Seller to the following tangible personal property; Igl None I: That portion of the r t r +_ ! rt+ d or and used in connection with the Property, which Seller will itemize in an Exhibit to be a',H.';: th,s A r:-'smenl within ten (10) days of Mutual Acceptance (None. if not completed). The valuJ igner+ to s „ , f r ^.' shall be $ [if not completed, the County -assessed value if availabinet] r _; l t i, market value determined by an appraiser selected by the Listing Broker ;r:1 11 nr; 1;r 1•'I to, but not the condition of, the personal property and shall convey ,t cry Li;l of sale. b. In addition to the leases and Vendor Contracts assumed by Bu, ::ir L. Li. sale includes all right, title and interest of Seller to the following reef r _; ble prop,t r existing with respect to the Property including without limitation ai. ; fights-of-wa. r :i;,. egress or other interests in, on, or to, any land, highway, street, road, or or across, in front of, abutting or adjoining the Property: all rights to utilit.es v;r c "ho drawings, plans, specifications and other architectural or engineering work F r � permits, certificates, licenses, authorizations and approvals; all rights, claims c 1.:;, es warranties under contracts with contractors, engineers, architects, consultants with the Property: all utility, security sand other deposits and reserve account- nla 1:, i•, INITIALS: Byer Date � " - `j S�Iier Buyer Date Seller Date Date e, this t regr•ea or or propeee.d, in, on, Property; all , ivernmental :-ction, and r'' 3rties associated seeurity for the NAlBlack Black Commercial, Inc.. 801 W. Riverside Ave Suite 300 Spokane, WA 99201 Phone: 509-623-1000 Fax: 509-622-3500 Cr Commercial Brokers Association ALL RIGHTS RESERVED Form PS IA Purchase & Sale Agreement Rev 1r2o11 Page T nl' 11 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) fulfillment of any of Seller's obligations, any name of cr telephone numbers for the Property and related trademarks, service marks or trade dress; and guaranties, warranties or other assurances of performance received- ;5. CONDEMNATION AND CASUALTY. Seller bears all risk of loss until Closing, and thereafter Buyer shall bear the risk of Foss. Buyer may terminate this Agreement and obtain a refund of the earnest money If improvements on the Property are destroyed or materially damaged by casualty before Closing, or if condemnation proceedings are commenced against all or a portion of the Property before Closing. Damage will be considered material if the cost of repair exceeds the lesser of $100,000 or five percent (5%) of the purchase price stated in this Agreement. Alternatively, Buyer may elect to proceed with closing, in which case, at Closing, Seller shall assign to Buyer all claims and right to proceeds under any property insurance policy and shall credit to Buyer at Closing the amount of any deductible provided far in the policy, 16. FFRPTA - TAX WITHHOLDING AT CLOSING. Closing Agent is instructed to prepare a certification (CBA or NWMLS Form 22E, or equivalent) that Seller is not a "foreign person" within the meaning of the Foreign Investment in Real Property Tax Act. and Seller shall sign it on or before Closing, If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 17. CONVEYANCE. Title shall be conveyed by a Statutory Warranty Deed subject only to the Permitted Exceptions. If this Agreement is for conveyance of Seller's vendee's interest in a Real Estate Contract, the Statutory Warranty Deed shall include a contract vendee's assignment sufficient to convey after acquired title. At Closing, Seller and Buyer shall execute and deliver to Closing Agent CBA Form No. PS -AS Assignment and Assumption Agreement transferring all leases and Vendor Contracts assumed by Buyer pursuant to Section 5(a) and all intangible property transferred pursuant to Section 14(b). 18. NOTICES AND COMPUTATION OF TIME. Unless otherwise specified, any notice required or permitted in, or related to, this Agreement (including revocations of offers and counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and must be delivered to Seller and Listing Broker with a courtesy copy to any other party identifed as a recipient of notices in Section 28 A notice to Seller shall be deemed delivered only when received by Seller, List ng Broker, or the licensed office of Listi...:; Notices to Buyer must be signed by at least one Seller and must be delivered to Buyer, with :: ;:s le Selling Broker and with a courtesy copy to any other party identified as a recipient of notices in Secl!ori 26. A notice to Buyer shall be deemed delivered only when received by Buyer, Selling Broker, or Ill licensed office of Setting Broker. Selling Broker and Listing Broker have no responsibility to advise c` r•_ : ; ' c:r"n notice beyond either phoning the represented party or causing a copy of the notice to be deliveree to the pree.es address provided in this Agreement. Buyer and Seller shall keep Selling Broker and Listing; keroker advised of their whereabouts in order to receive prompt notification of receipt of a notice. if any party is not represented by a licensee. then notices must be delivered to and shall be effective when received by that party at the address, fax number, or email indicated in <.'.ic.n 28. Unless otheevise :•::ecifed in this . e ecrnent, any period of time in th s Agreement shall mean Pacific Time and shall t: , r- day after the event starting the periled :i .d zl•a I ::,.:ee at 5:00 p.m, of the last calendar day of the specified period of time unless the last day .i Saturday. S_..aday or legal holiday as defined in RCW 1.16,050, in which Leer: irre• specified period of ,i•1 _; shall expire on the next day that is not a Saturday, Sunday or legal holed : , . , specified period of fee less shall not include Saturdays, Sundays or legal holidays. Nekeithstending the foregninn. ,.... .: +.;1,- s or times or number of hours shall mean those datery i, nes or number of hc.. r i1._,i if the Closing Date falls on a Saturday, Sunday, or lec..a as del. e,. ri ) ,,r a J: i :.i,: the county recording office is closed, INITIALS: Buyer Date 3 , - Sefler i 1 f ` Date Buyer Date S '.,. Date — G - ci Black Commercial, Inc. 801 W. Riverside Ave Suite 300 Spokane, WA 99201 Phone: 509-623-1000 Fax: 509-622-3500 W'1 Commercial Brokers Assoc.iatran ALL RIGHTS RESERVED Form PS 1A Purchase & Sam Agreement Rev 1,2011 Page 8 nr 13 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) cBe then the Closing Date shall be the next regular business day. 19. AGENCY DISCLOSURE. At the signing of this Agreement, Selling Broker Bryan Walker represented Both Parties and the Listing Broker Bryan Walker represented Both Parties . Selling Firm, Selling Firrn's Designated Broker, Selling Broker's Branch Manager (if any) and Selling Broker's Managing Broker (if any;-epresent the same party that. Selling. Broker represents. Listing Firm, Listing Firrn's Designated Broker, Usti- .:; Broker's Branch Manager (if any), and Listing Broker's Managing Broker (if any) represent the same part., that the Listing Broker represents. If Selling Broker and Listing Broker are different persons affiliated with .ame Firm, then both Buyer and Seller confirm their consent to the Brokers' Designated Broker, Brar t. Manager (if any), and Managing Broker (if any) representing both parties as a dual agent. If Selling Broker and Listing Broker are the same person representing both parties, then both Buyer and Seller confirm their consent to that person and his/her Designated Broker, Branch Manager (if any), and Managing Broker (if any) representing both parties as dual agents. All parties acknowledge receipt of the pamphlet entitled "The Law of Real Estate Agency." 20. ASSIGNMENT. Buyer 11 may ❑ may not (may not, if not completed) assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, unless provided otherwise herein. If the "may not" option is selected and the words "and/or assigns" or similar words are used to identify the Buyer, then this Agreement may be assigned with notice to Seller but without Seller's consent only to an entity which is controlled by or under common control with the Buyer identified in this Agreement. Any other assignment requires Seller's consent. The party identified as the initial Buyer shall remain responsible for those obligations of Buyer stated in this Agreement notwithstanding any assignment and, if this Agreement provides for Seller to fnenee a portion of the purchase price, then the party identified as the initial Buyer shall guarantee payment of the Seller financng. 21. DEFAULT AND ATTORNEY'S FEE. a Buyer's default,. In tnc event Buyer fails, wirhoc. i . ,;I excuse, to complete the purchase of the Property, then (check one). ® Seller may terminate this Agreement and keei the earnest money as liquidated damages as the sole and exclusive remedy available to Seller for :•: I., e; or ET Seller may, at its option, (a) terminate this Agreement and keep as liquidated damages the earnest -oney as the sole and exclusive remedy available to Seller for (; I..: ;; • r,r ,. _;.•, against Buyer for ller's actual damages, (c) bring suit to specifically enforce this Agreement ;r ..; r, r ti ry , incidental '.lrnages, or (d) pursue any other rights or remedies available at law or equity. b. Seller's default. In the event Seller fails, without legal excuse, to complete the sale of th, Property, then (check one). INITIALS: Buyer �" "1, Date 1 "3 '" nt `j Seller Date 9 Buyer Date seller Dale NAIBlack Black Commercial, Inc. 601 W. Riverside Ave Suite 300 Spokane, WA 99201 Phone: 509-623-1000 Fax; 509-622-3500 ,sl Commerc+ai Brokers As sor_;a400 ALL RIGHTS RESERVED Form PS _ TA PJI.Se & Sale Agreement Rev 1:2011 Page 9 of 13 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED)) GBe [$I As Buyer's sole remedy, Buyer may either (a) terminate this Agreement and recover all earnest money or fees paid by Buyer whether or not the same are identified as refundable or applicable to the purchase price; or (b) bring suit to specifically enforce this Agreement and recover incidental damages, provided, however, Buyer must file suit within sixty (60) days from the scheduled date of closing or from the date r has Informed Buyer in writing that Seller will not proceed with closing, whichever is earlier; or L R lyer may, at its option, (a) bring suit against Seller for Buyer's actual damages, (b) bring suit to spel-ically enforce this Agreement and recover any incidental damages, or (c) pursue any other rights or refl. ;'ikes available at law or equity. Neither 3tJ , r r .-,or Seller may recover consequential damages such as lost profits. If Buyer or Seller n ': t.i S•.I1 - -larnst the other concernin:; rtent !he prevailing party is entitled to reasonable attcrn J expenses. In the event r tr ;,i rl _: m._ u.'-,; of the attorney's fee shall be fixed by the court. TI any suit shall be the cou Property is located, and this Agreement shall be gov •,:t by th._ Iiws of the state where P. _, i s In::sated. 22. MISCELLANEOUS PROVISIONS. a. Complete Agreement. This Agreement and any adder r1:,. exhibits thereto state the entire understanding of Buyer ;r ._! Seller regarding the sale of the Property. There are no verbal or other written agreements which modify o: r:f;::; the Agreement, b. Counterpart Signatures. T -, ..,r11 cement may be signed in counterpart, each signed counterpart shall be deemed an original, arJ :I; r',:_iris together shall constitute one and the same agreement. c. Electronic Delivery. , Irctronic d _ ;!very of documents (e.g., transmission by facsimile or email) including signec c notices shall be legally sufficient to bind ti-;e party the same as delivery of an or at. At 1ne r t1,t t: er party, or the Closing Agent, the pa:7, will re; ,!nee electronically del+ a o:tars ;Jr counteroi'ir s ,wwtth original documents. d. Section 1031 ec.•tion 1031 expenses( exchange a 20 above, an., qualified r r: Like -Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a like -kind exchange, then the other party agrees to cooperate in the completion of the like- - !c )g as t :c r _•eating party incurs no additional liability in doing so, and so long as any i!,.• r.`tnrney5 `,_.os and costs) incurred by the coop,,. a r (;;arty that are related only to the i 1 .r ,eirnbure d to the cooperating party at or prior tc -In Notwithstanding Section ..tr,mpletino a Section 1031 like -kind exchange Agreement to its r;c.r t.;,° up for the purposes of comp! tl.-1- a revvr x alange. ACCEPTANCE; COUNTEROFFERS. S,•li,.:' 11._ _, LITI midnight of (if not filled in, the third busl-'ess 'tiny) fell !n^ the day r ers: rr c t i tti•., tfer, unless sa t' withdrawn. If this offer is not t'moty 1 r 'nted it snail Ir. earnest rr cney shag Le refunded to Buyer, If either party makes a tut r c t' u °the rf� li have until .00 p.m. on the business day (if not filled in the secnnci OL+s nr following receipt to accept the counteroffer, unless sooner withdrawn. If the counterof` . not tittly accepted or countered, this Agreement shall lapse and the earnest money shall be refund, d ; L P.,y ;fir- No acceptance, Offer or counteroffer from the Buyer is effective until a signed copy is received by tl e S Her, the Listing Droker or the licensed office of the Listing Broker. No acceptance, offeror counteroffer from the Seller is eff._ •...:re _I''1tll a signed copy is received by the Buyer, the Selling Broker or the licensed office of the Selling Brok,:', "r,'..,t1::-11 Acceptance" shall occur when the last counteroffer is signed by the offeree, and the fully -signed court .: _:r [1:7is been received by the offeror, his or her broker, or the INITIALS: Buyer Dale c"1 Buyer Date Seller Seller I l 1`7 Dale `i 30 _ 1 , Dale Dale A ' 31' N./AIB6ack Black Commercial, Inc. 801 W. Riverside Ave Suite 300 Spokane, WA 90201 Phone: 509-623-1000 Fax: 509-622-3500 Commercial Brokers Assr,[la!ron ALL RIGHTS RESERVED Form PS 1A Purchase & Sale Agreement Rei 112011 Page 10 of 13 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) licensed office of the broker. If any party is not represented by a broker, then notices must be delivered to and shall be effective when received by that party. 24. INFORMATION TRANSFER. In the event this Agreement is terminated, Buyer agrees to deliver to Seller within ten (10) days of Seller's written request copies of all materials received from Seller and any non - privileged plans, studies, reports, inspections, appraisals, surveys, drawings, permits, applications or other development work product relating to the Properly in Buyer's possession or control as of the date this Agreement is terminated. 25. CONFIDENTIALITY. Until and unless closing has been consummated, Buyer and Seller shall follow reasonable measures to prevent unnecessary disclosure of information obtained in connection with the negotiat on and performance of this Agreement. Neither party shall use or knowingly permit the use of any such information in any manner detrimental to the other party. 26. SELLER'S ACCEPTANCE AND BROKERAGE AGREEMENT. Seller agrees to sell the Property on the terms and conditions herein, and further agrees to pay a commission in a total amount computed in accordance with the listing or commission agreement. If there is no written listing or commission agreement, Seller agrees to pay a commission of % of the sates price or $ . The commission shall be apportioned between Listing Firm and Selling Firm as specified in the listing or any c_ t :._ t _ r_19e agreement. If there is no listing or written co -brokerage agreement, then Listing Firm shalt pay to Selling Firm a commission of % of the sales pace or $ Seller assigns to Listing Firm and Sells q Eirm a portion cf the sales pr.Dceeds equal to the commission. If the earnest money is retained 4: h• a:o_;Ited damages, any costs ,-, -Ivanced or committed by Listing Firm or Selling Firm for Buyer or 5 II,.r :;nail be reimbursed or pa;': t•-I•...:• ofrom, and the balance shall be paid one-half to Seller and one -hail Listing Firm and Selling Firm according to the listing agreement and any co -brokerage agreement. In any fiction by Listing Firm or Selling Firm to enforce this Section, the prevailing party is entitled to reasonable attoo feeq and expenses. Neither Listing Firm nor Selling Firm are receiving compensation from more than ty to th,s transaction unless disclosed on an attached addendum, in which case Buyer and Seller consf : °:.>> such compensation. The Property describec in attached Exhibit A is commercial real estate. Notw„ •.;': nding Section 25 above, the pages containing this Section, the parties' signatures and an attachmr-,ni describing the Property may be recorded. 27. LISTING BROKER AND SELLING BROKER DISCLOSURE. EXCEPT AS OTHERWISE DISCLOSED IN WRITING TO BUYER OR SELLER, THE SELLING BROKER, LISTING BROKER, AND FIRMS HAVE NOT MADE ANY REPRESENTATIONS OR WARRANTIES OR CONDUCTED ANY INDEPENDENT INVESTISATION CONCER"JrNG THE LEGAL EFFECT OF THIS AGREEMENT, BUYER'S OR SELLERS FINANCIAL STRENGTH, BOOKS. RECORDS. REPORTS. STUDIES, OR OPERATING STATEMENTS; THE CONDITION OF THE PROPERTY OR ITS IMPROVEMENTS: THE FITNESS OF THE PROPERTY FOR BUYER'S INTENDED USE; OR OTHER MATTERS RELATING TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE PROPERTY'S ZONING, BOUNDARIES, AREA, COMPLIANCE WITH APPLICABLE LAWS (INCLUDING LAWS REGARDING ACCESSIBILITY FOR DISABLED PERSONS), OR HAZARDOUS OR TOXIC MATERIALS INCLUDING MOLD OR OTHER ALLERGENS. SELLER AND BUYER ARE EACH ADVISED TO ENGAGE QUALIFIED EXPERTS TO ASSIST WITH THESE DUE DILIGENCE AND FEASIBILITY MATTERS, AND ARE FURTHER ADVISED TO SEEK INDEPENDENT LEGAL AND TAX ADVICE RELATED TO THIS AGREEMENT. INITIALS. Buyer Date — lS. Buyer Date Seller Date NJALi Cr', Black Commercial, Inc. 801 W Riverside Ave Suite 300 Spokane, WA 99201 Phone: 509-623-1000 Fax: 509-622-3500 Commerciat Brokers Association =.IGHTS RESERVED Farm PS_1A -..rchase & Sale Agreement Rev.1/2011 Page 11 of 13 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) c 28, IDENTIFICATION OF THE PARTIES. The following is the contact information for the parties involved in this Agreement: Buyer Buyer: McCloskey Construction Inc. Contact: Address: Seller Seller: David A Black Contact: Address: Business Phone: Business Phone: Mobile Phone: Mobile Phone: Fax: Email: Selling Firm Name: Black Commercial Inc. Assumed Name: (if applicable) Nai Black Selling Broker: Bryan Walker Address: Fax: Email: Listing Firm Name: Black Commercial Inc. Assumed Name: (if applicable) Nai Black Listing Broker: Bryan Walker Address: Business Phone: Business Phone: Mobile Phone: Mobile Phone: Email: Email: Fax: Fax: CBA Office No.: CBA Office No.: Licensed Office of the Selling Broker Address: Licensed Office of the Listing Broker Address: Business Phone: Business Phone: Email: Email: Fax: Fax: CBA Office No.: CBA Office No.: Courtesy Copy of Notices to Buyer to: Name: Courtesy Copy of Notices to Seller to: Name: INITIALS. 5J. ' Date 9 ' :. Date Seller Date ?C, Date NAIBiack Black Commercial, Inc. 801 W. Riverside Ave Suite 300 Spokane, WA 99201 Phone: 509-623-1000 Fax: 509-622-3500 Address: ri0 Commercial Brokers Assccietfon ALL RkGHTS PESER'/ED Form; PS_1A Purchase 8. Sale Agreement Rev.1/2011 Page 12 of 13 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) Address: G Business Phone: Business Phone: Fax: Fax: Mobile Phone: Mobile Phone: Email: Email: IN WITNESS WHEREOF, the parties have signed this Agreement intending to be bound. Buyer _ f Val e C tX /L---t Buyer Printed name and type of entity Buyer ignatl?e anr, title Buyer Printed name and ".ype. of entity Signature and title Date signedDate signed Seller L-4 L Seller Printed n anu type ❑ entity Printed name and type of entity Seller ` f /r ram/ Seller gnature ar G e Signature and Otte Date signed i7 ? E Date signed INITIALS: Buyer Buyer Date 1�� -t Seller Date Seller Date Date NAIBlack Black Commercial, Inc. 801 W. Rive -side Ave Su.Ie 3OC Phone' Fax: 5./. Commercial Stokers A5sociainil ALL RIGHTS P,1=ISERVED Forin PS1A Purchase & Sale Agreement Rev 1.I20111 Page 13 of 13 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) EXHIBIT A * (Legal Description] GBe ' To ensure accuracy in Her substituting the legal description contained in the preliminary commitment for titles Ir rnr rrEl copy of the Property's last vesting deed for this page. Do not neglect to label the substitution "Exhibit A. 't ot_i should avoid transcribing the legal description because any error in transcription may render the legal description inaccurate and this Agreement unenforceable. INITIALS: Buyer Ael Buyer Date 5 3 1 Seller ----\ Date Date Seller Date EMPIRE STORAGE , ROS BK. 118 PG. 91 PARCEL B PARCEL A 445.66' zE a CO CO U L} W C\1 — • 0, 0 o • Q zcc n• zo 0 0 • • • • • 1►�+ O xxxAA 1,2TH AVENUE v�rvvvv 385.58' PROPOSED VACATION A.P.N. 35233.0101 385.24' 30' —� �..� i � � �►. ii�iiii.i_�.r►r♦ N Q7 30' 385.21' WOODLAND TERRACE BLOCK 1 354. 87' 12' ►Z1 • 6s N .4, 1ETH AVENUE' x8x x 384.71' A.P N. 35233.1402 60' 60' WOODLAND TERRACE BLOCK 14 30 60' CARNAHAN ROAD 14TH AVENUE 12TH AVE. A.P.N. 35234.9169 UNPLATTED N W -- E 8 PROJ #: 19-2351 DATE: D8/ 1 5/ 1 9 DRAWN: BAG REVIEWED: TRW SCALE: 1 "= 1 OO' T.25N. R.43E. 9.23 VACATION EXHIBIT CARNAHAN WEST CHRONICLE RD. Sc 1 2TH/13TH AVE.. SPOKANE COUNTY, WA /WC E WHIPPLE CONSULTING ENGINEERS 21 S. PINES ROAD SPOKANE VALLEY, WA 99206 PH: 509-893-2617 FAX:509-926-0227 tWC E Whipple Consulting Engineers, Inc. CITY OF SPOKANE VALLEY STREET VACATION APPLICATION -NARRATIVE CARNAHAN WEST -PROJECT 19-2361 Project 'N RECEIVED OCT 03 2019 COSV PERMIT CENTER. SUB #i 1 REV. # [ 1 1. HOW DOES A CHANGE OF USE OR VACATION OF THE STREET/ALLEY IMPROVE SERVICE TO THE PUBLIC? A CHANGE FOR STREETS/ALLEY VACATION WILL ALLOW THE OWNERS TO BEST DEVELOP THE SITE TO ITS FULL POTENTIAL VACATION WILL BETTER SERVE THE PUBLIC BY REMOVING ANY EXPECTATION FOR UNCONSTRUCTABLE LOCATIONS. 2 IS THE STREET OR ALLEY NO LONGER REOUIRED FOR PUBLIC USE OR PUBLIC ACCESS? EXPLAIN. THE SUBJECT STREETS AND ALLEYS ARE NO LONGER REQUIED FOR PUBLIC USE OR PUBLIC ACCESS. 3. WOULD SUBSTITUTION OF A NEW AND/OR DIFFERENT PUBLIC RIGHT-OF-WAY BETTER SERVE THE PUBLIC? EXPLAIN. NO. A SUBSTITUTION OF A NEW/DIFFERENT PUBLIC RIGHT-OF-WAY WOULD NOT BETTER SERVE THE PUBLIC DUE TO THE GEOGRAPHICAL SEPARATION AS EXPLAINED IN QUESTION #1) AND NO INTEREST TO THE CITY OF SPOKANE VALEY (AS EXPLAINED IN QUESTION #2). 4. How WILL USE OR NEED FOR THIS RIGHT-OF-WAY BE AFFECTED BY FUTURE CONDITIONS? ExP-A THE USE/NEED FOR THIS RIGHT-OF-WAY WILL NOT BE AFFECTED BY FUTURE CONDITIONS BECAUSE WCE ALREADY HAS A "CONDITIONED" PROJECT. THE SITE HAS WETLANDS WHICH INTERFER WITH THE BUILIDNG OF 13TH AVENUE. 5. WILL EASEkIENTS BE RETAINED FOR ALL UNDERGROUND AND OVERHEAD UTILITIES? THE REQUESTED VACATION IS LOCATED IN. THE SERVICE AREA OF WHAT UTILITY COMPANIES. (SPLCIf-Y)? OUR INFORMATION WE COLLETED DOES NOT SHOW ANY EASEMENTS OR UTILITIES LOCATED IN OR ADJACENT TO THE RIGHT OF WAY, THERFORE NO UTILITES WILL BE AFFECTED. 6, DOES THE RIGHT-OF-WAY INCLUDE STORMWATERDRAINAGE FACIDTlES(SPECIFY)? THE RIGHT OF WAY HAS NO ROAD BUILT ON IT, THERE FORE THE STORMWATER DAINAGE FACILITIES HAVE NOT BEEN INSTALLED, AND ARE THEREFORE UNAFFECTED. 21 South Pines Rd. • Spokane Valley, WA 99206 1 PO Box 1566 • Veradale, WA 99037 Phone 509-893-2617 • Fax 509-926-0227 • WhippleCE.com • Info@WhippleCE.com Civil, Structural, Traffic, Survey, Landscape Architecture and Entitlements Community & Public Works Department Building & Planning Division NOTICE OF PUBLIC HEARING THE SPOKANE VALLEY COMMUNITY AND PUBLIC WORKS DEPARTMENT IS SENDING THIS NOTICE OF PUBLIC HEARING TO ALL PETITIONERS (IF ANY) AND ALL OWNERS OF PROPERTY ABUTTING THE STREET PROPOSED TO BE VACATED BASED ON THE MOST CURRENT RECORDS FROM THE SPOKANE COUNTY ASSESSOR'S OR TREASURER'S OFFICE. You ARE HEREBY NOTIFIED THAT A PUBLIC HEARING WILL BE HELD ON THE LAND USE APPLICATION LISTED BELOW: HEARING DATE: January 9, 2020 at 6:00 p.m. HEARING LOCATION: Spokane Valley City Council Chambers, City Hall, 10210 East Sprague Avenue; Spokane Valley, WA 99206. REVIEW AUTHORITY: Spokane Valley Planning Commission STAFF: STAFF CONTACT: Lori Barlow, AICP, Senior Planner; (509) 720-5335; LBarlow@spokanevalley.org FILE NUMBER: STV-2019-0005 DESCRIPTION OF PROPOSAL: Privately initiated street vacation request to vacate 385 feet of unimproved right-of-way of 12th Avenue, 13th Avenue, and the Alleyway lying in between, and 500 feet of Chronical Road. LOCATION OF PROPOSAL: The portion of right-of-ways proposed to be vacated lies southwest of the intersection of 12th Avenue and Carnahan Road and is adjacent to parcel numbers 35233.9189, 35233.9190, 35233.0101, 35233.1402, 35233.1307, 35233.0204, and 35233.0203, and further located in the SW quarter of the SE quarter of Section 23, Township 25 North, Range 43 East, Willamette Meridian, Spokane Valley, Washington. APPLICANT: Todd Whipple, Whipple Consulting Engineers, 21 S Pines Road, Spokane Valley, WA 99206 OWNER 1: Thom and Michelle Hamilton, 9212 E Montgomery Avenue, Suite 604, Spokane Valley, WA 99206 OWNER 2: Jeff McCloskey, 9708 N. Nevada Street, Spokane, WA 99218 OWNER 3: David Black, 12009 E Empire Ave. Spokane, WA 99206 ENVIRONMENTAL DETERMINATION: The Planning Division has reviewed the proposal/project and has determined that the project is categorically exempt pursuant to WAC 197-11-800 and City of Spokane Valley Municipal Code (SVMC); Title 21 (Environmental Controls) from environmental review under the provisions of the State Environmental Policy Act (SEPA). APPROVAL CRITERIA: Section 22.140 (Street Vacations) of the City of Spokane Valley Municipal Code (SVMC), Title 21 (Environmental Controls) of the City of Spokane Valley Municipal Code; the City of Spokane Valley Street Standards; the Regional Stormwater Manual; and the Spokane Regional Health District regulations. HEARING PROCESS: The Planning Commission holds the public hearing to receive comments and forwards a recommendation to the City Council for an ordinance adoption. STAFF REPORT AND INSPECTION OF FILE: A staff report will be available for inspection seven (7) calendar days before the hearing. The staff report and application file may be inspected at City of Spokane Valley City Hall, 10210 East Sprague Avenue, between 8:00 am and 5:00 pm, Monday -Friday, excluding holidays. Copies of documents will be made available at a reasonable cost. COMMENTS: Send written comments to the City of Spokane Valley Department of Community and Public Works, 10210 East Sprague Avenue, Spokane Valley, WA 99206; Attn: Lori Barlow, File No. STV-2019-0005. SPECIAL ASSISTANCE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 720-5102 as soon as possible so that arrangements may be made. Marianne Lemons From: Byus, Dave <Dave.Byus@avistacorp.com> Sent: Monday, December 2, 2019 3:39 PM To: Lori Barlow Subject: RE: [External] STV-2019-0005 Hi Lori, Avista does not have any existing overhead or underground gas or electric utilities installed within the proposed areas of the street vacation. I had several conversations with Whipple and Karen about this back from August through October 2019. Perhaps they forgot to submit my comments with the application? Avista does not have any issues with this street vacation proposal and will not require anything further for approval. Please let me know if you need anything else. Thanks Dave Byus Real Estate Representative .-,r VITA PO Box 3727 MSC-25 Spokane, WA 99220 1411 E Mission Ave. MSC-25 Spokane, WA 99202 P 509.495.2013 C 509.993.7852 http://www.avistautilities.com aisIvri Wan This email (including any attachments) may contain confidential and privileged information, and unauthorized disclosure or use is prohibited. If you are not an intended recipient, please notify the sender and delete this email from your system. Thank you. From: Lori Barlow [mailto:lbarlow@spokanevalley.org] Sent: Monday, December 2, 2019 2:26 PM To: Bill Helbig; Chad Phillips ; Jerremy Clark; Shane Arlt; 'Traci Harvey, Spokane Valley Fire Dept No. 1' ; 'Chris Johnston' ; Chris Knudson ; 'Colin Depner' ; 'Spokane Regional Health District' ; Gene Repp ; Carnhope Irrigation District No. 7 ; 'Consolidated Irrigation District #19' ; 'WA Transportation' ; 'Spokane Transit Authority' ; Scott Farkas (ScottF@spokaneschools.org) ; 'Candyj@spokaneschools.org' ; Byus, Dave ; 'CenturyLink' ; 'Comcast' 1 Cc: Mike Basinger Subject: [External] STV-2019-0005 All, Please review the attached proposal to vacate a portion of 12th Avenue, 13th Avenue, the alley lying in between, and Chronicle Road all of which lies immediately west of Carnahan Road, south of 8th Avenue and north of 14th Avenue, as described in the attached application materials. Comments are requested by Monday, December 16, 2019. Lori Barlow, AICP I Senior Planner, Community and Public Works Department 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5335 I LBarlow@spokanevalley.org Spokane www.spokanevallev.org This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. USE CAUTION - EXTERNAL SENDER Do not click on links or open attachments that are not familiar. For questions or concerns, please e-mail phishingjavistacorp.com CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or an agent of the intended recipient, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. 2 Marianne Lemons From: Terry Squibb <carnhope7@comcast.net> Sent: Monday, December 2, 2019 6:28 PM To: Lori Barlow Subject: RE: STV-2019-0005 This is outside our service area. Terry Squibb Carnhope Irrigation District #7 From: Lori Barlow Sent: Monday, December 02, 2019 2:26 PM To: Bill Helbig; Chad Phillips ; Jerremy Clark; Shane Arlt; 'Traci Harvey, Spokane Valley Fire Dept No. 1' ; 'Chris Johnston' ; Chris Knudson ; 'Colin Depner' ; 'Spokane Regional Health District' ; Gene Repp ; Carnhope Irrigation District No. 7 ; 'Consolidated Irrigation District #19' ; 'WA Transportation' ; 'Spokane Transit Authority' ; Scott Farkas (ScottF@spokaneschools.org) ; 'Candyj@spokaneschools.org' ; 'Avista Dave Byus' ; 'CenturyLink' ; 'Comcast' Cc: Mike Basinger Subject: STV-2019-0005 All, Please review the attached proposal to vacate a portion of 12th Avenue, 13th Avenue, the alley lying in between, and Chronicle Road all of which lies immediately west of Carnahan Road, south of 8th Avenue and north of 14th Avenue, as described in the attached application materials. Comments are requested by Monday, December 16, 2019. Lori Barlow, AICP I Senior Planner, Community and Public Works Department 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5335 I LBarlow@spokanevalley.org *Oka ne Valley www.spokanevalley.org This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. i Interoffice CITY' or polane Memorandum 4000Valley DATE: December 3, 2019 TO: Lorri Barlow, AICP Senior Planner FROM: Bill Helbig, PE 1 City Engineer VLI RE: STV-2019-0005 (Street Vacation of 12'r', 13", Chronicle, and Alleys) I received your memo dated December 2nd regarding the above privately initiated street vacation application. After review, I have the following comments to both the application materials and proposed vacation. Application Materials The application requires detailed answers to six questions. The responses to the questions are inadequate in my opinion. Question 1: The answer to "how does the vacation improve service to the public" is not in the response. Summary — Inadequate Response. Question 2: The question is asking for an explanation of why the streets or alleys are no longer needed for public use. The response does not provide an explanation. Summary — Inadequate Response. Question 3: The response to if a new/different right of way would better serve the public is not apparent. The response to question 3 references responses to questions 1 and 2, which are inadequate in themselves, The reference to "geographical separation" is not described and unsupported. Summary - Inadequate Response. Question 4: The response does not address the question regarding future conditions. The response references a "conditioned" project for the site. I am unaware of any projects "conditioned" for the site. Summary — Inadequate Response, Question 5: The response indicates that there are no known easements in the proposed vacated areas. Summary— Adequate Response. Question 6: The response indicates that there are no known stormwater facilities in the proposed vacated areas. Summary — Adequate Response. Summary of Responses to Questions — The proponent fails to adequately respond to questions 1 to 4 in their response. Based on the responses, they have not provided any information, data, or reasoning for the vacation of the right-of-ways or alleys. My recommendation would be for them to resubmit responses that address the questions presented. STV-2019-0005 Review.docx Page 1 of 2 DATE: December 3, 2019 TO: Lorri Barlow, Senior Planner RE: STV-2019-0005 (Street Vacation of 12th, 13th, Chronicle, and Alleys) Review of Vacation Request As part of this vacation request, I first had a look at the underlying land use and zoning for the adjacent parcels. In this case, the area in question is designated Single Family Residential with an R3 zoning. As such, the right-of-way network is required to provide access to the area and each individual parcel. Should the right-of-way for Chronicle Road be vacated, two adjacent parcels (35233.0203 & 35233.0204) would be land -locked. The right-of-ways for 13th Avenue and the alley between 12' and 13th could be vacated as they encroach upon the wetland area. The 12" Avenue right-of-way may be required in the future for connectivity directly to Carnahan Road. Summary of Vacation Request — Due to the underlying land use and zoning, and the requirement for access, I would not be in support of vacating the Chronicle Road right-of-way. Of those requested, I would only support the vacation of the 13th Avenue and alley right-of-way as they cross a large wetland. STV-2019-0005 Review.docx Page 2 of 2 Marianne Lemons From: Chad Phillips Sent: Tuesday, December 3, 2019 1:54 PM To: Lori Barlow Cc: Bill Helbig; Chad Riggs Subject: RE: STV-2019-0005 Attachments: 12-2-2019 Routing.pdf The City contributes to a stormwater system (pipes and catch basins) that traverses thru parts of the requested vacation. This system has lots of legal issues. Specifically, the system also traverses (to the North) through other private properties with no secured easements. If this vacation request is connected to the proposed future development in the area, it is my understanding that the system may need to be relocated to accommodate the development. If that's the case we would acquire easements during the development process, if not I would think we would secure the easements in conjunction with the proposed vacation. Thanks Chad 1 Chad Phillips, P.E. I Engineer, Stormwater 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720 - 5013 I cphillips@spokanevalley.org This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. From: Lori Barlow Sent: Monday, December 2, 2019 2:26 PM To: Bill Helbig; Chad Phillips ; Jerremy Clark; Shane Arlt; 'Traci Harvey, Spokane Valley Fire Dept No. 1' ; 'Chris Johnston' ; Chris Knudson ; 'Colin Depner' ; 'Spokane Regional Health District' ; Gene Repp ; Carnhope Irrigation District No. 7 ; 'Consolidated Irrigation District #19' ; 'WA Transportation' ; 'Spokane Transit Authority' ; Scott Farkas (ScottF@spokaneschools.org) ; 'Candyj@spokaneschools.org' ; 'Avista Dave Byus' ; 'CenturyLink' ; 'Comcast' Cc: Mike Basinger Subject: STV-2019-0005 2 All, Please review the attached proposal to vacate a portion of 12th Avenue, 13th Avenue, the alley lying in between, and Chronicle Road all of which lies immediately west of Carnahan Road, south of 8th Avenue and north of 14th Avenue, as described in the attached application materials. Comments are requested by Monday, December 16, 2019. Lori Barlow, AICP I Senior Planner, Community and Public Works Department 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5335 I LBarlow@spokanevalley.org www.spokanevalley.orq This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. 3 To: Lori Barlow CC: From: cdepner@spokanecounty.org Date: 12-16-2019 Subject: STV 2019-0005 Project Name: Stage: Preliminary Description: Site Address: Comment -Code Comment SS14A This project lies within the City of Spokane Sewer Service Area. Applicant is required to notify them of this proposal and conform to their requirements. FIRE DEPT December 16, 2019 City of Spokane Valley 10210 E. Sprague Avenue Spokane Valley, WA 99206 RE: STV-2019-0005 Unimproved sections of 12th & 13th and Alley and Chronicle Road BRYAN COLLINS, FIRE CHIEF 2120 N. Wilbur Spokane Valley, WA 99206 (509) 928-1700 Main (509) 892-4125 Fax spokanevalleyfire.com The Spokane Valley Fire Department has completed a review for the above referenced project and has no comments on the Street Vacation. All specific fire department access requirements shall be addressed as part of future development. If there are any questions please do not hesitate to call. Sincerely, Traci Harvey Fire Protection Engineer Spokane Valley Fire Department Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall December 12, 2019 I. Chair Johnson called the meeting to order at 6:00 p.m. II. Commissioners, staff and audience stood for the pledge of allegiance. III. Assistant Robin Holt called roll and the following members and staff were present: James Johnson Jenny Nickerson, Building Official Danielle Kaschmitter — late excused Cary Driskell, City Attorney Timothy Kelley Lori Barlow, Senior Planner Robert McKinley Raymond Friend Michelle Rasmussen Deanna Horton, Administrative Assistant Matt Walton Robin Holt, Administrative Assistant Hearing no objections Commissioner Kaschmitter was excused and arrived at 6:06 p.m. IV. AGENDA: Commissioner Walton moved to approve the December 12, 2019 agenda as written. There was no discussion. The vote on the motion was seven in favor, zero opposed, and the motion passed. V. MINUTES: Commissioner Walton moved to approve the November 14, 2019 minutes as written. There was no discussion. The vote on the motion was seven in favor, zero opposed, and the motion passed. VI. COMMISSION REPORTS: Commissioner Johnson reported he attended an auction at the Temple Beth Shalom on November 16, 2019; on November 18, 2019 he attended the NAACP general meeting; on November 6, 2019 he attended the City Council meeting and thanked Council Member Wood for his service; on November 3, 2019 he attended a joint meeting between Spokane Human Rights Task Force and the Spokane Human Rights Commission related to the planning of an awards banquet; November 4, 2019 he attended the Spokane Human Rights Commission meeting related to developing an office of Civil Rights and December 10, 2019 he attended the Spokane County Human Rights Task Force regular meeting. V.II. ADMINISTRATIVE REPORT: There was no administrative report. VIII. PUBLIC COMMENT: Sheri Robinson, City of Spokane Valley; Ms. Robinson asked the Commission to revisit a code change related to multifatnily housing in providing green space for playgrounds and pools. She spoke about millennials and retirees wanting higher walkability scores. She spoke about the concerns related to multifamily housing being located in the residential zones adding that multifamily housing needs to be near services and transportation. She also asked the Commission to entertain a crosswalk at 22"d Avenue and University Road near Bowdish Junior High. She explained the middle school students cross there and it is unsafe, she gave several examples to include a fatality. IX. COMMISSION BUSINESS: i. Findings of Fact: CTA-2019-0003, a proposed amendment to SVMC 22.110.0 Signs - Aesthetic corridors. 12-12-2019 Planning Commission Minutes Page 2 of 4 Senior Planner Lori Barlow provided background into the proposed amendment CTA- 2019-0003, allowing wall signs in the aesthetic corridors. Ms. Barlow explained that the findings of fact formalize the process and decisions the Commission has made. Ms. Barlow advised this item has been before the Commission on two prior occasions. The Planning Commission held a public hearing and conducted deliberations on October 24, 2019 voting four to zero forwarding a recommendation of approval to City Council. Commissioner Walton moved to approve Findings of Fact CTA-2019-0003 as presented. There was no discussion. The vote on the motion was seven in favor, zero opposed, and the motion passed. ii. Public Hearing: CTA-2019-0004, a proposed amendment to Spokane Valley Municipal Code (SVMC) 22.70.020 Fencing, fence heights in residential zones. Chair Johnson opened the public hearing at 6:12 p.m. Ms. Nickerson provided a brief background and presentation related to fence height regulations in the residential zones. Ms. Nickerson explained this item has been before the Commission on multiple occasions for discussion and review. A Study Session was held on November 14, 2019 and tonight the Public Hearing. Ms. Nickerson addressed the suggested language related to an increase fence height for multifamily use through an administrative exception discussed during the last meeting. She continued, SVMC 22.70.020 section (c) now states that an administrative exception may be granted for a fence of more than six feet in height, but no more than eight feet in height, with a permitted non-residential or t t i u l t i l:;i n i i l y use in a residential zoning district. There was some discussion regarding residential and non-residential fence heights related to electric fence components. It was conclude those details would be addressed through an administrative exception as listed in code. Chair Johnson closed the public hearing at 6:16 p.m. Commissioner Walton moved to approve CTA-2019-0004 as presented. There was no discussion. The vote on the motion was seven in favor, zero opposed, and the motion passed. iii. Study Session: STV-2019-0005, a proposed street vacation of portions of 12th and 13th Avenues, the alley between 12t1i and 13th Avenues and Chronicle Road. Ms. Barlow provided a presentation outlining the privately initiated street vacation for portions of 12t1i and 1311' Avenues and the alleyway in-between as well as a portion of Chronicle Road. Ms. Barlow explained this request is in the southwest portion of the City near the intersection of 12th Avenue and Carnahan Road. The area to be vacated is surrounded by residential development to the south and vacant or developing properties to the northeast and northwest. Ms. Barlow noted the proposed area does cross over a waterbody that was created by previous mining activities. Ms. Barlow provided procedural overview advising the Planning Commission is currently conducting the study session. The public hearing will be held on January 9, 2020 and the formalization of the Commission's decision will be held on January 23, 2020 with the Findings of Fact. Ms. Barlow advised that in processing a street vacation staff reviews connectivity, traffic volume, future developments and access. Potential conditions to consider would be utility and easement access, removal of the portion of the street or streets vacated and design or construction improvements. 12-12-2019 Planning Commission Minutes Page 3 of 4 Ms. Barlow explained the applicant feels the site is unconstructible and this vacation would allow for full development. The alleys are no longer required for public use or access and the on -site wetlands interfere with the construction of 13'h Avenue. Ms. Barlow provided an aerial view of the critical areas relative to the site. The unimproved portions of 12'1' and 13th Avenues and Chronical Road are within the City's floodplain area and a wetland. Ms. Barlow explained the request is to vacate 500 feet of Chronical Street at a full width right-of-way of 60 feet wide. 385 feet of 13'h Avenue also at a full width ROW. Lastly, 12 feet of alleyway between 12t' and 13'h Avenues and 385 feet of 12th Avenue at a half width ROW of 30 feet. Ms. Barlow detailed potential issues explaining that adjacent properties need access for future development, as the proposed area is zones R-3. If Chronicle Road were to be vacated the two adjacent parcels would be land locked. The other potential issues would be the storm water system. The stormwater system is not within an easement, it would need to either be moved or have an easement. The City has been working with the property owner to resolve the potential issues with several options. Commissioner Kelley confirmed the applicant owns both sides of the roads to be vacated. The applicant also has a purchase sale agreement on the property immediately to the north. Commissioner Johnson asked what direction the storm drain flows. There was a lengthy discussion related to the direction of flow and the problems the system currently has and has had. The current storm water system is a private system that the City contributes to. City Attorney Cary Driskel explained that the system does run south to north and makes its' way onto the property owned by the Conservation District. The City's storm water division have been speaking with the Conservation District related to obtaining an easement. In addition, not only city or public waters are contributing to this storm water. There are a number of sources contributing including seepage from under the ground. There was also some discussion related to the site not have an exclusive water service district. Commissioner Johnson asked about compensation and it was determined that once council makes a decision and should compensation be required, it would be determined by resolution. Commissioner Walton asked Ms. Barlow to provide what the maximum allowed dwelling units are currently and what would be allowed if the streets were vacated. Ms. Barlow advised she will have the details requested, but added that there should not be a gain as there will still have to be access provided. The property that would be most affected is currently zoned R-3, which is six dwelling units per acre. Commissioner Johnson asked if the floodplain and the wetland would be included in the available property within the calculations. Ms. Barlow stated that in theory the wetland could not be developed however, the floodplain could be developed as long as it met the standards. iv. Study Session: Updating Planning Commission Rules of Procedure. Ms. Nickerson introduced the subject of the Planning Commission Rules of Procedure (ROP) and provided background into the discussions from the six previous visits related to this topic. The Commissioners were provided a clean and a redline version of the ROP to date. Commissioner Kelley spoke to the voting section; he explained it used to read: "four affirmative votes must be cast for comprehensive plans or the election of officers". The language related to the election of officers was redlined, he asked when and why that was changed. Administrative Assistant Deanna Horton explained that after the last meeting she added Section (c) Election of officers; that states: "Each Chair and Vice Chair must receive 12-12-2019 Planning Connnissicsn Wines Par d of d four affirmative votes in order to be elected". She continued to explain the Comprehensive Plan votes Section (b) and Election of Officer votes Section (c) have been separated. There was a lengthy disc cask n related to what a majority vote constitutes, four votes or the majority of the Commissioners appointed? Commissioner Johnson advised there was a discrepancy in the language and multiple sections. Mr. ariskel kidvised the language should be consistent in all sections related to voting. The language should read: "by majority vote °fthe membership of the Commission". Commissioner Johnson addressed the language related to votes being taken by paper ballot changing from "shall be taken" to `"may be taken". it was determined the language states "may be taken" to allow for flexibility by the Commission and to alleviate public records request concerns by requiring a paper ballot. Lastly, after some discussion, it was concluded the Commission would impose a three -minute time limit for public testimony ar otherwise determined by Chair should more time be necessary. X. GOOD OF THE ORDER: Commissioner !Rasmussen stated she has enjoyed her last three years on the board and this will be her last meeting. She thanked those on the board and the staff for all of their efforts, Commissioner McKinley thanked Commissioner Rasmussen for her sea vice on the board. He asked everyone to enjoy the holidays. Commissioner Kasclrmitter thanked everyone for their time and wished everyone a Merry Christmas. Commissioner, Friend also thanked the Conunissioners and staff for all of their bard work. Commissioner Kelley thanked Commissioner Rasmussen for her time with the Commission. Commissioner Walton also thanked Commissioner Rasmussen for her service and advised it has been Ka pleasure serving for the last three years. Commissioner Johnson also thanked Commissioner Rasmussen for her time and service. He was thankful for his time as Chair; he is tooling forward to the future, and read aloud a quote form Margaret il+ieacl. XI. ADJOURNMENT: Commissioner Rasmussen moved to adjourn the meeting at 7:17 p.rn. Tire vole on the motion Liras seven inifavor, zero opposed, and the motion passed. James Johnson, Chairman Robin Hol t, Secretary „Weg9061 Date signed Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall January 9, 2020 I. Chair Johnson called the meeting to order at 6:00 p.m. II. Commissioners, staff and audience stood for the pledge of allegiance. III. Assistant Deanna Horton called roll and the following members and staff were present: James Johnson Danielle Kaschmitter Timothy Kelley Robert McKinley Jenny Nickerson, Building Official Cary Driskell, City Attorney Lori Barlow, Senior Planner Bill Helbig, City Engineer Deanna Horton, Administrative Assistant IV. AGENDA: Commissioner Kaschmitter moved to approve the amended January 9, 2020 agenda. The election of officers had been added after the agenda was published. There was no discussion. The vote on the motion was four in favor, zero opposed, and the motion passed. V. MINUTES: Commissioner Kaschmitter moved to approve the December 12, 2019 minutes as written. There was no discussion. The vote on the motion was four in favor, zero opposed, and the motion passed. VI. COMMISSION REPORTS: Commissioner Johnson reported he attended a Spokane County Human Rights task force meeting and the January 7, 2020 meeting. VII. ADMINISTRATIVE REPORT: There was no administrative report. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: i. Election of Officers Commissioner Kaschmitter moved to suspend the rules and postpone the election of officers to a time when the full Commission has been appointed Commissioner Kelley stated that newly appointed members would not necessarily know the people they were voting for if the elections were postponed. Commissioner Johnson stated it was possible that some previously appointed members could be reappointed, and therefore would already be aware of whom they were electing. Commissioner Kelley confirmed that four votes are necessary to be elected to each position. The vote on the motion was four in favor, zero against, and the motion passed. ii. Finding Fact: CTA-2019-0004, a proposed amendment to Spokane Valley Municipal Code (SVMC) 22.70.020 Fencing, fence heights in residential zones. Building Official Jenny Nickerson presented to the Commission the Findings of Fact for CTA-2019-0004 which summaries the decision the Commission made during the public hearing for the code text amendment regarding fence heights in residential zones. Ms. Nickerson reminded the Commissioners the proposed amendment to the municipal code is to change where a fence is measured from, which would allow for a six foot high fence 01-09-2020 Planning Commission Minutes Page 2 of 5 measured from where the bottom of the fence hits the ground, regardless of where the ground is located. Commissioner Kelley confirmed that if there were a dirt barrier, the fence would be measured from the top of an earthen berm. The change to the code moves the measuring of the fence from the lowest point within six feet of the fence to the bottom of the fence regardless of where the fence is built. Commissioners discussed the proposed change, then moved to approve the findings. Commissioner Kaschmitter moved to approve the Planning Commission findings and recommendations regarding CTA-2019-0004. The vote on the motion was four in favor, zero against, and the motion passed iii. Public Hearing: STV-2019-0005, a proposed street vacation of portions of 12th and 13th Avenues, the alley between 12th and 13th Avenues and a portion of Chronicle Road. Chair Johnson opened the public hearing at 6:12 p.m. Ms. Barlow provided a presentation outlining the privately initiated street vacation for a portion of 12th Avenue, a portion of 13th Avenue, the alleyway in-between 12th and 13th, and a portion of Chronicle Road south of 12th Avenue and north of 14th Avenue. Ms. Barlow explained the request is located in the southwest portion of the City near the intersection of 12th Avenue and Carnahan Road. Ms. Barlow provided the Commissioners with additional items for their consideration during the public hearing. She explained the items were comments from the City of Spokane, one new slide for the PowerPoint presentation, and updated recommendations to the staff report based on the new comments received. Ms. Barlow stated a review of the water district service areas indicated that the area was outside of an identified service area, but that the City of Spokane had reached out to let staff know that Spokane Water District #3 considers it to be in their "retail water service area." These properties are in Spokane's Comprehensive Water System Plan and therefore are considered part of the Spokane system for now. There is also a Spokane sewer line located in the parcels which Spokane is requesting an easement for. She stated she had corrected the parcel numbers on the recommendation, and added a new condition based on the received comments from the City of Spokane. Ms. Barlow explained some of the potential issues with the vacation. The zoning to the south and west is single family residential, (R-3), while the rest of the parcels and area to the north is zoned multifamily residential, (MFR). Two of the parcels would be land locked if the whole request was permitted. There is a stormwater piping system which currently is located in the right-of-way (ROW) and on private property which the City needs easements to access. City staff is currently working to obtain the easements for this stormwater system, and it is possible that the system could be moved to accommodate development. The City of Spokane has a sewer main going through the properties and has requested a 30 foot wide easement if any portion of the sewer line is located outside of an easement on the subject properties. Ms. Barlow stated the City's recommendation is to maintain 12th Avenue ROW, but allow the vacation of the rest of the requested ROWs. The reason 12th Avenue should be retained, is all of the properties to the north of 12th Avenue are zoned MFR and this would allow adequate access to the property. While it is only a half ROW at this time, through the 01-09-2020 Planning Commission Minutes Page 3 of 5 development process further ROW could be obtained if it is needed for development of the property(s). Ms. Barlow stated the approval criteria was in the staff report, however she wanted to cover a question from the study session. The question was what would the difference in allowed density on the affected properties be if the ROW is retained over vacating it. Currently the properties involved in the request equal 6.82 acres, which would allow for 41 dwelling units; if the ROW were vacated the area would increase to 8.39 acres, and allow 50 dwelling units. This is a gross calculation and there is a difference when development actually occurs. If an applicant applied for a planned residential development or cottage development which could increase the density depending on existing zoning. These calculations were not figured with the wetland or the floodplain considerations taken into account. Commissioner Johnson confirmed that this would be the facts in any other zoning district. Commissioner Kelley confirmed that a boundary line adjustment of the two parcels owned by the same property owner could prevent the three parcels on the west side of Chronicle Road from becoming land locked. Ms. Barlow stated the conditions of the vacation state there should be a boundary line adjustment or elimination for the parcels. Commissioner Kelley asked if the applicant's development plans suggested that 12th Avenue could function better for them in another place, would it make sense to vacate 12th Avenue now and allow the applicant to offer a suggestion for an alternative later. Ms. Barlow responded it was possible, but at this time there is no development plan which suggests that possibility. Commissioner Johnson confirmed that should the applicant want to change the zoning on the properties they own to the south of the vacation requests, they would need to go through a Comprehensive Plan amendment, as well as a zoning change. Ms. Barlow shared that the applicants had made a request to change the Comprehensive Plan designation on the parcels to the south, which are currently designated as Low Density Residential, and the City Council made the decision to remove the request from the docket. Commissioner Johnson stated he was concerned that no water district was taking responsibility for water service on the property. Ms. Barlow stated when staff determined which agencies staff should contact regarding this proposal, there was no specific water district providing service to the parcels. This information came from Spokane County records. Both adjacent water districts stated they were not responsible, but recently the City of Spokane had reached out and stated they considered the area to be within their retail water service area. This means that while the area is not specifically in their service area, they can petition to service the area based on their Comprehensive Water Plan. It is in an area where they are allowed to grow based on their service plan. City Engineer Bill Helbig also commented that the City was responsible for the stormwater and surface water and had conditions for these waters in the findings. Commission accepted public testimony. Brad Sharp, Spokane, WA: Mr. Sharp stated he was appearing on behalf of legal council, Taudd Hume for the applicant. Mr. Sharp stated he was in support of the vacation in its entirety. Mr. Sharp said the conditions in the staff report are appropriate for the project. The boundary line elimination is one of the conditions which the applicant is currently working on now. He said after consulting with the lead attorney, the consulting engineer and the owner, they are looking at providing connectivity to those parcels in question through the project so that the concerns raised in the staff report are addressed, which included increased traffic and general access to the property. Mr. Sharp stated that he felt those concerns would be addressed with adequate or equal access, either through 12th 01-09-2020 Planning Commission Minutes Page 4 of 5 Avenue, through the aggregated parcel as an easement, or dedication, to mitigate the concerns. The applicant would be agreeable to final plat approval be conditioned ensure connectivity being provided through 12th Avenue or another adequate ROW. Susan Moss, Whipple Consulting Engineers, Spokane Valley, WA: Ms. Moss stated she agreed with everything in the staff report, except for the removal of 12th Avenue from the request. She offered that the applicant would be agreeable to conditions in order to meet accessibility for the multifamily property. She felt conditions could be added to the approval of the vacation in order to allow the vacation of 12th Avenue. Roger Repp, Spokane Valley, WA: Mr. Repp stated his concern was the pond on the property. He said he thought that the water in the pond is aquifer water, and he is concerned about protecting the water and the aquifer. He said that when Target developed on the south hill, they built on what he thought was a wetland that could not be developed. He said they took a bulldozer and filled in the wetlands and it would not take much for someone to do the same thing to the pond on this property. He is concerned about the water quality. He said as an individual, he can't fight the developer's attorney. He was surprised someone was trying to develop it. Matt Walton, Spokane Valley, WA: Mr. Walton stated he was not an opponent or proponent, but wanted to bring up several items for consideration. He said that the proponents offer to do something after an action had taken place does not guarantee they would follow through with it. The City recommendation to retain 12th Avenue seemed to be in good character with the surrounding neighborhood. Mr. Walton also suggested the City retain Chronicle Road as well. Commissioner Johnson clarified the properties to the north are not landlocked. The reason to retain 12th Avenue is not connectivity for the Low Density Residential properties, it is to support the land use designation of High Density Residential which the right-of-way abuts. Commissioner McKinley asked if the pond was aquifer water. Ms. Barlow did not know the answer, however she stated that at the time of development, the plans will be routed to the appropriate agencies with jurisdiction, including the Aquifer Board, and staff would take the necessary steps at that time. Seeing no one else who wished to testify, Chair Johnson closed the public hearing at 7:05 p.m. Commissioner Johnson moved the Planning Commission approve the recommendation for STV-2019-0005 as presented by staff, eliminating 121h Avenue from the request. Commissioner Kelley said he felt that 12th Avenue should be vacated along with the rest of the request, stating there could be a better place for access to the development and that would not be known until the development plans have been submitted. He said he would not be in favor of the motion as currently stated. Commission Johnson said he felt staff had evaluated the request extensively, and that the applicants could work around 12th Avenue being left in place. He commented that previous vacations have raised the question of what happens in the future when a vacation has been allowed and the City has needed the ROW after it is gone. He felt staff had reviewed the possibility and he wanted to support the decision. Commissioner Kaschmitter stated she felt staff had reviewed the proposal and she supported leaving 12th Avenue out of the request. Commissioner McKinley stated he supported the removal of 12th from the request because of the landlocked parcels in the development. The vote on the motion was three in favor, one against with Commissioner Kelley dissenting, the motion passed. 01-09-2020 Planning Commission Minutes Page 5 of 5 iv. Study Session: Updating Planning Commission Rules of Procedure. Building Official Jenny Nickerson presented the latest version of the Planning Commission Rules of Procedure with all the changes in strike -out format. This reflects all of the changes the Planning Commission has discussed through the last few months regarding the update to the Rules of Procedure and if there are no more changes, they would be moved forward to the City Council for approval by resolution. Commissioners thanked staff for the work done to assist them in updating these Rules of Procedure. Commissioner Johnson suggested holding the approval of the Rules of Procedure for a fully appointed Commission, as was done for the election of officers. He felt covering the updated Rules of Procedure this would be a good for new commissioners. Commissioner McKinley stated he was opposed, sharing he felt as many times as they have been reviewed there was little modification which would occur and adding more voices could just postpone the approval process. Commissioners Kaschmitter and Kelley concurred with thought. Commissioner Kaschmitter moved to approve and forward to City Council, the Planning Commission updated Rules of Procedure. The vote on the motion was three in favor, one against with Commissioner Johnson dissenting. X. GOOD OF THE ORDER: Commissioner McKinley suggested everyone be careful in the snow, Commissioner Kaschmitter thanked staff again for the work on the Rules of Procedure. XI. ADJOURNMENT: Commissioner McKinley moved to adjourn the meeting at 7:15 p.m. The vote on the motion was four in favor, zero opposed, and the motion passed. James Johnson, Chairman Deanna Horton, Secretary e713// �/zdze) Date signed Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall February 27, 2020 Chair Johnson called the meeting to order at 6:00 p.m. Commissioners, staff and audience stood for the pledge of allegiance. Assistant Deanna Horton called roll and the following members and staff were present: Fred Beaulac James Johnson Danielle Kaschmitter Timothy Kelley Robert McKinley Sherri Robinson, absent Matt Walton Jenny Nickerson, Building Official Cary Driskell, City Attorney Lori Barlow, Senior Planner Taylor Dillard, Administrative Assistant Marianne Lemons, Office Assistant Mike Basinger, Economic Development Manager Chaz Bates, Economic Development Planner Deanna Horton, Administrative Assistant With consensus, the Commission excused Commissioner Robinson from the meeting. IV. AGENDA: Commissioner Kaschmitter moved to approve the February 27, 2020 agenda. There was no discussion. The vote on the motion was six in favor, zero opposed, and the motion passed. V. MINUTES: The January 9, 2020 minutes were withdrawn from consideration by staff because they were incomplete. They will be finished and submitted for approval at the March 12, 2020 meeting. VI. COMMISSION REPORTS: Commissioner Beaulac introduced himself, he was on the Planning Commission from 2003 to 2008, and appointed again in 2012. This was his fourth request to serve the City on the Commission. His background is in commercial transportation. Commissioner Johnson reported he attended the City Council meetings on January 14, January 21, February 4, February 18 and February 25. He also attended the Spokane County Human Rights task force meetings which are working on an awards banquet and a web portal where citizens can report hate incidents which will allow the Task Force to be able to track the incidences. They hope to have it working by summer. VII. ADMINISTRATIVE REPORT: Building Official Jenny Nickerson VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: Election of Officers Chair Johnson called for nominations for the office of Chair. Commissioner Walton nominated Commissioner Johnson, Commissioner McKinley nominated Commissioner Kelley. In a show of hands, the vote for the office of Chair was as follows: Commissioners Beaulac, Johnson, Kaschmitter, and Walton voted for Commissioner Johnson. Commissioners Kelley and McKinley voted for Commissioner Kelley. With four votes to two, Commissioner Johnson remains the Chair for 2020. Chair Johnson called for nominations for the office of Vice -Chair. Commissioner Johnson nominated Commissioner Walton, Commissioner Kelley nominated Commissioner McKinley. In a show of hands, the vote for the office of Vice Chair was as follows: 02-27-2020 Planning Commission Minutes Page 2 of 4 Commissioners Beaulac, Johnson, Kaschmitter, and Walton voted for Commissioner Walton. Commissioners Kelley and McKinley voted for Commissioner McKinley. With four votes to two, Commissioner Walton remains the Vice -Chair for 2020. ii. Findings of Fact: STV-2019-0005, a proposed street vacation of portions of 12th and 13th Avenues, the alley between 12th and 13th Avenues and a portion of Chronicle Road. Senior Planner Lori Barlow explained the findings of fact presented to the Commission. She explained they reflect the decision the Commission made during their deliberations after a study session and public hearing. The request is to vacate a portion of 12th Avenue, 13th Avenue, the alley between 12th and 13th Avenues, and Chronicle Road, west of Carnahan Road. All of these areas are unimproved. She stated that the staff recommendation is to retain the portion of 12th Avenue, but the other portions of the privately initiated vacation request be vacated. Ms. Barlow explained that the Commission is being asked to approve the findings if they accurately represent the action that the Commission took on the matter. Chair Johnson made a motion to approve the findings offactfor the street vacation ofSTV- 2019-0005, a proposed street vacation of a portion of 12th and 13th Avenues, the alley between 12th and 13th Avenues and a portion of Chronicle Road as presented and move them forward to the City Council. Attorney Driskell put on record that Commissioner Beaulac and Commission Walton will not be voting on this item, as they had not been appointed at the time of the public hearing. The vote on the motion was four in favor, zero against, and the motion passed. iii. Annual Training: Public Records Training, Open Public Meetings City Attorney Cary Driskell gave the annual public records and open public meetings training to attending Planning Commissioners and staff iv. Training Session: Comprehensive Plan Amendments History and Docket Overview Mike Basinger, Economic Development Manager and Chaz Bates, Senior Planner introduced themselves to the Commission. Mr. Basinger gave a brief history of the development ofthe City's Comprehensive Plan. This included the development ofthe land use map, zoning areas, and the periodic update process. Staff is looking at a city-wide rezone in certain areas and Mr. Basinger wanted the Commission to understand the history of what has been done with the comp plan in the past and give an explanation of the development and implementation ofthe different land use zones within the City. Mr. Bates gave an overview of the Comprehensive Plan Amendment Process and site specific map amendments. He explained that any applications for amendment must be received by October 31st to be considered in that year's amendment process. The City does publish notice 60 days prior to the application due date. Once applications are received, they are reviewed and docketed for the City Council. The Council does have the authority to remove items from the consideration docket. Once the docket is approved, it begins the process through Planning Commission. Mr. Basinger stated that there were two items that were removed from the 2020 consideration docket. Mr. Bates clarified the timeline of the 2020 process and stated that there will be five amendments to be considered. There are four map amendments and one text amendment. The first map amendment (CPA-2020-0001) is privately initiated by Land Use Solutions and is located on McDonald. The applicant would like to change their designation/zoning from Single -Family -Residential (SFR) to Corridor Mixed Use (CMU). 02-27-2020 Planning Commission Minutes Page 3 of 4 The second map amendment (CPA-2020-0002) is privately initiated by LB Stone Properties and is located on Fancher/Sprague. The applicant would like to change their designation/zoning from Industrial (I) to Regional Commercial (RC). The third map amendment (CPA-2020-0003) is privately initiated by Jay Rambo and is located at 1723/1724 N. Union. The applicant would like to change their designation/zoning from Multifamily Residential (MFR) to Corridor Mixed Use (CMU). The fourth map amendment (CPA-2020-0006) is city initiated and is for the East Valley School District Walker Center. The City would like to change the designation/zoning from Industrial (I) to Corridor Mixed Use (CMU). This would allow the school district to move their parent/child classes related to home schooling to this location and it cannot occur under the current zoning. Mr. Basinger gave information regarding the code text amendment (CPA-2020-0007). This amendment applies city-wide and implements changes to allow for alternative housing types and brings forward an area -wide rezone with implementing regulations. He explained that there was concern about duplex development throughout the city that really needed to be addressed and he feels that that the staff has come up with some good ideas that will help address some of those concerns. Staff reasoned that it would be best to have the denser housing zones located near services and transit and limit duplexes and cottage home building in the R-3 zones. He explained that staff developed a new R-4 zone that is located between 8th Avenue and Broadway Avenue. This area was determined to be a good location because it is within walking distance of the transit system that Spokane Transit Authority (STA) currently has in place. They hope to be able to incentivize alternative housing within areas that have transit and services. Mr. Basinger explained that staff is looking at 10 units per acre in the new R-4 zone. Cottage and townhome developments would be allowed in this zone but they would no longer be allowed in the R-3 zone. They will increase the units allowed to eight units per acre and increase the minimum lot size to 14,500 square feet to do a duplex within the R- 3 zone. The requirement for duplexes will only be six units per acre so the hope is that this will incentivize single family residences in this zoning area. Commissioner Kelly asked if tiny homes will be allowed in the R-4 zone. Building Official Jenny Nickerson answered that the building code will have a new appendix addressing tiny homes. A tiny home will be interchangeable with the cottage standards and a single family residential home. The only caveat to that code will be tiny homes that are on trailers or on wheels. These are considered recreational vehicles and would not be allowed in the residential zones. Commissioner Walton asked how the staff came to the density regulations in the R-3 zone. Mr. Basinger stated that staff wanted to increase the density in the R-3 zone and utilize the 5000 square foot lot size. They hope that this change will really encourage developers to go with a single-family development in the R-3 zone and keep the high density developments in the R-4 zone. Commissioner Kelly asked if there was consideration to extend this zone to skirting the industrial to the north of Sprague. Mr. Basinger answered that staff really wanted to stick to the policies and goals outlined in the current Comprehensive Plan, which states that the higher density areas would be located near transportation and services. Staff looked at some other industrial areas but this location made the most sense geographically because of its location to those services. 02-27-2020 Planning Commission Minutes Page 4 of 4 Chair Johnson mentioned that the STA did a presentation to the City Council that they are considering expanding their services to Barker Road. Commissioner Kaschmitter commented that if the City is going to basing this R-4 change on access to services and transit on Sprague, it would be important for there to be bus service from one end of Sprague to the other end without having to change buses. Mr. Basinger agreed and said that the City is in conversations with STA about the possibility of getting additional transit service if there are more rooftops developed in this area. Chair Johnson expressed that he would like to make sure that the public is well notified of these amendment changes to the plan so that they can give their input. Mr. Basinger responded that all of these amendment changes will be broadly posted on all of the City's social networks to let people know. Commissioner Walton asked if property owners will be notified that their property is being rezoned. Mr. Basinger answered that they will not be individually notified because it is an area -wide rezone. The City is allowed to make these changes through this process without sending individual notification. However, the City will do everything possible to get notice out so that the residents are aware of any changes that happen. X. GOOD OF THE ORDER: Commissioner Kaschmitter thanked staff for the Comprehensive Plan preview. Commissioner Walton expressed that since the Commissioners are not able to get to know each other outside of Council Chambers, he wanted to give a little background on who he is and what he is about. He encouraged the other Commissioners to do the same in the upcoming meetings. He gave a quick biography of himself outlining his personal life and his values and ideas. XI. ADJOURNMENT: Commissioner McKinley moved to adjourn the meeting at 7:46 pm. The vote on the motion was six in favor, zero opposed, and the motion passed. James Johnson, Chairman Date signed Deanna Horton, Secretary CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 07-009 RESOLUTION ADOPTING POLICIES FOR IMPOSING VACATION CHARGES PURSUANT TO RCW 36.79.030 WHEREAS, the City of Spokane Valley has the authority to vacate roadways and right of ways pursuant to RCW 36.79.030; and WHEREAS, the City of Spokane Valley has the authority to charge for said vacations in an amount that does not exceed 50 % of the full appraised value or for the full appraised value of the area vacated where the street or alley had been part of a dedicated right of way for over twenty five years or if the property was acquired at public expense; and WHEREAS; the City of Spokane Valley wishes to establish a policy by which they determine the amount to be charged the benefited property owners of any such vacation. NOW THEREFORE, BE IT RESOLVED THAT THE CITY OF SPOKANE VALLEY ADOPTS THE FOLLOWING POLICY: SECTION 1. Policy. 1. The cost for property received as a result of a vacation initiated by an adjacent property owner shall equal fifty per cent (50%) of the appraised value of the vacated property received. a. The appraised value shall be the same as the value of an equivalent portion of property adjacent to the proposed vacation as established by the. Spokane County Assessor at the time the matter is considered by the City Council. b. If the value of adjacent properties differs, then the average of the adjacent property values per square foot will be used. 2. Notwithstanding the provisions of paragraph (1), the applicant shall pay the above - described fee only to the extent that it exceeds the cost charged by the City of Spokane Valley to initiate the vacation process, exclusive of any surveying or engineering costs that may be incurred by the applicant. 3. This charge shall be paid subsequent to council action and prior to recording the vacation with the Spokane County Auditor. 4. The City Council shall reserve the right: to deviate from this policy upon the adoption of written findings of fact that demonstrate that the public interest shall be best served by an alternate approach. SECTION 2. This Resolution shall be in full force and effective immediately upon adoption. Resolution 07-009 Street Vacation Charges Page 1 of 2 Adopted this 1 0th day of July, 2007. Diana Wilhite, Mayor ATTEST: hristine Bainbridge, Ci Clerk Approved a$o Form: Office oZ the City ttorney Resolution 07-009 Street Vacation Charges Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 14, 2020 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First Reading of Proposed Ordinance 20-006 Deferring Remittance of Gambling Taxes GOVERNING LEGISLATION: Spokane Valley Municipal Code Chapter 3.25 and RCW Chapter 9.46. PREVIOUS COUNCIL ACTION TAKEN: Discussion at the March 24, 2020 Council meeting regarding adding a future administrative report on gambling taxes to the agenda. An administrative report and discussion of gambling taxes at the April 7, 2020 Council meeting including Council consensus to bring back for consideration an ordinance that would extend the filing deadlines for gambling taxes for the first and second quarters of 2020. BACKGROUND: In 2003 the City of Spokane Valley adopted an ordinance which authorized certain gaming/gambling activities and imposed related taxes, the proceeds of which are used to partially offset law enforcement costs. The gambling tax rate for card games was decreased from 10% to 6% effective July 1, 2015 through the adoption of ordinance #15-012. Listed below is gambling tax rate information which includes the maximum allowed by State law and the current rates in Spokane Valley: Gambling Tax Rates Maximum Allowed by City of State of Spokane Type of Gambling Activity Washington Valley Punch Boards & Pull Tabs (1) Bingo & Raffles (1) Amusement Games (1) (2) Card Games 10.0% 5.0% 2.0% 20.0% 5.0% 5.0% 2.0% 6.0% (1) Rates are applicable to gross receipts, less amounts awarded as cash or merchandise prizes. (2) Rates are applicable to gross revenue. Since the City's incorporation in 2003, a number of businesses that offer gambling as a form of entertainment have opened and closed and related tax revenues have fluctuated from year to year with an overall downward trend. There are currently 31 businesses in Spokane Valley that offer gambling along with a few non-profit organizations that occasionally have activity. Actual gambling tax revenues for the period 2010 through 2019 as well as the 2020 Budget projection are included as a separate Attachment #1 in your agenda packet. The downward trend is conceivably due to a combination of competition from both regional and on-line gambling establishments as well as the decrease in the tax rate on card games in 2015. Page 1 of 2 At the April 7, 2020 Council meeting, staff gave an administrative report on gambling taxes, and there was discussion by Council regarding the potential of the City waiving gambling taxes or extending the filing deadlines for taxes due, after hearing from several area businesses due to the economic hardship being experienced by small businesses with the COVID-19 pandemic response. Council reached consensus to extend the filing deadline for gambling taxes from the first and second quarters of 2020. The proposed Ordinance 20-006 would defer the remittance of gambling taxes from the first quarter of 2020 to September 30, 2020 from April 30, 2020, and would defer the remittance from the second quarter to November 30, 2020 from July 30, 2020. Please note that in order to have the deferral of taxes become effective prior to April 30, the Ordinance would need to be adopted during the April 14, 2020 meeting. OPTIONS: 1. Advance Ordinance 20-006 to a second reading with or without amendment, for consideration at a later date; or 2. Suspend the rules and approve Ordinance 20-006 as drafted or modified. RECOMMENDED ACTION OR MOTION: Move to suspend the rules and approve Ordinance 20-006 deferring remittance of gambling taxes for the first and second quarters of 2020. BUDGET/FINANCIAL IMPACTS: The 2020 Budget includes a revenue estimate of $366,000 in gambling taxes including: • $ 67,000 Punch Boards and Pull Tabs • $ 1,000 Bingo and Raffles • $ 13,000 Amusement Games • $285,000 Card Games While the full financial impacts to the City of the COVID-19 pandemic is still largely unknown, it is anticipated that 2020 gambling tax revenues will be significantly less than the $366,000 currently included in the 2020 Budget. STAFF CONTACT: Chelsie Taylor, Finance Director, and Cary Driskell, City Attorney ATTACHMENTS: • Proposed Ordinance 20-006 Deferring Remittance of Gambling Taxes • Gambling Tax Revenue History 2010 to 2019 Actuals and 2020 Budget Page 2 of 2 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 20-006 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, DEFERRING REMITTANCE OF GAMBLING TAXES IMPOSED PURSUANT TO CHAPTER 3.25 SVMC DUE TO IMPACTS FROM THE COVID-19 PANDEMIC, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, pursuant to chapter 3.25 SVMC, the City has imposed a tax on certain gambling activities (the "gambling tax") occurring within the City of Spokane Valley ("City"), including bingo and raffle games, punchboards and pulltabs, social card playing, and amusement games; and WHEREAS, pursuant to SVMC 3.25.040, the gambling taxes collected by entities operating such gambling activities is due and payable in quarterly installments and shall be remitted to the City on or before the 30th day of the month succeeding the quarterly period in which the tax accrued; and WHEREAS, since early 2020, the City, State of Washington, and entire United States have been experiencing negative effects due to the ongoing COVID-19 pandemic; and WHEREAS, Washington State Governor Jay Inslee has signed and executed various executive orders which have prohibited public gatherings and resulted in the mandatory closure of many small businesses in the City, including those who provide activities subject to the gambling tax, with said orders materially and negative affecting the ability of these businesses to engage in all forms of their normal business; and WHEREAS, many of these affected businesses are currently unable to pay the City the first quarter gambling taxes due to interruption to their normal operations and revenue stream; and WHEREAS, the City desires to defer collection of the gambling taxes due and owing for the first and second quarters of 2020 to a later date in an effort to assist these small business owners to help them avoid going out of business. NOW, THEREFORE, the City Council for the City of Spokane Valley, Spokane County, Washington do ordain as follows: Section 1. Intent. The intent of this Ordinance is to temporarily change the time period by which gambling taxes imposed pursuant to chapter 3.25 SVMC for the first and second quarters of 2020 are required to be remitted to the City in order to allow the businesses conducting these activities additional time to remit the taxes. Section 2. Deferred period of remittance for first and second quarter taxes. All taxes collected and owing pursuant to chapter 3.25 SVMC for first quarter of 2020 shall be due, payable, and remitted to the City no later than September 30, 2020. All taxes collected and owing pursuant to chapter 3.25 SVMC for second quarter of 2020 shall be due, payable, and remitted to the City no later than November 30, 2020. Any penalties, liens, or other collection actions for delinquent payment of 2020 first quarter or second quarter taxes shall be determined and applied based upon such payment due dates set forth herein rather Ordinance 20-006 — Gambling Tax Collection Page 1 of 2 DRAFT than the standard first or second quarter due dates. Taxes collected and owing pursuant to chapter 3.25 SVMC for third and fourth quarter of 2020 shall be paid as required pursuant to SVMC 3.25.040. Nothing herein shall be construed to waive any gambling taxes due and owing under chapter 3.25 SVMC. Section 3. Not codified. This Ordinance shall not be codified because the effect is of temporary and short duration and shall solely affect the taxes imposed, due, and owing for first and second quarters of 2020. Section 4. Other Section Unchanged. Except as otherwise specifically referenced and provided herein, all sections and provisions of chapter 3.25 SVMC shall remain unchanged and in full force and effect. Section 5. 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 6. 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. PASSED by the City Council this day of April, 2020. ATTEST: Ben Wick, Mayor Christine Bainbridge, City Clerk Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 20-006 — Gambling Tax Collection Page 2 of 2 Attachment #1 CITY OF SPOKANE VALLEY Gambling Tax Revenue History 2010 to 2019 Actuals and 2020 Budget 3/30/2020 Actual Revenues (Type of Gambling Activity 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Budget Punch Boards & Pull Tabs Bingo & Raffles Amusement Games Card Games Total Inc. (Dec.) from previous yr. 71,778 825 10,063 563,477 64,310 1,260 10,882 447,778 64,771 1,802 10,125 541,696 70,504 638 10,799 446,497 64,585 1,227 11,063 429,376 63,041 950 11,909 336,885 69,001 839 13,671 288,199 72,292 1,060 14,841 279,612 64,303 1,278 13,456 284,720 76,573 2,101 14,401 326,721 67,000 1,000 13,000 285,000 646,143 524,230 618,394 528,438 506,251 412,785 371,710 367,805 363,757 419,796 366,000 Approximate Quarterly Collections Punch Boards & Pull Tabs Bingo & Raffles Amusement Games Card Games $ (121,913) $ 94,164 $ (89,956) $ (22,187) $ (93,466) $ (41,075) $ (3,905) $ (4,048) $ 56,039 -18.87% 17.96% -14.55% -4.20%-18.46% -9.95% -1.05% -1.10% 15.41% 17,945 16,078 16,193 17,626 16,146 15,760 17,250 18,073 16,076 19,143 206 315 451 160 307 238 210 265 320 525 2,516 2,721 2,531 2,700 2,766 2,977 3,418 3,710 3,364 3,600 140,869 111,945 135,424 111,624 107,344 84,221 72,050 69,903 71,180 81,680 161,536 131,058 154,599 132,110 126,563 103,196 92,928 91,951 90,939 104,949 Recurring General Fund Revenues $ 35,045,155 $ 34,782,174 $ 35,860,024 $ 37,095,983 $ 38,333,870 $ 39,344,345 $ 42,695,160 $ 43,964,129 $ 46,659,394 $ 49,366,830 $ 48,281,800 Gambling Taxes as a % of Recurring General Fund Revenues 1.84% 1.51% 1.72% 1.42% 1.32% 1.05% 0.87% 0.84% 0.78% 0.85% 0.76% * 2019 actuals are preliminary and unaudited as of 3/30/2020. H:\Misc RCAs\2020\2020 04 07 Gambling Tax\Gambling Tax Revenue History 2010 to 2020 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 14, 2020 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration — Potential Grant Opportunity: Better Utilizing Investments to Leverage Development (BUILD) FY 2020 GOVERNING LEGISLATION: RCW 35.77.010: Six -Year Transportation Improvement Program PREVIOUS COUNCIL ACTION TAKEN: • April 7, 2020: Administrative report discussing potential grant opportunity by USDOT's BUILD program. • March 10, 2020: Administrative report discussing potential grant opportunity by USDOT's BUILD program. • June 4, 2019: City Council authorized the City Manager to apply for BUILD FY19 grant funds for the Pines Road/BNSF Grade Separation Project (GSP). • August 21, 2018: City Council authorized the City Manager to apply for Federal Railroad Administration's (FRA) Consolidated Rail Infrastructure and Safety Improvements Program (CRISI) for the Pines Road/BNSF GSP • June 5, 2018: City Council authorized the City Manager to apply for BUILD (FY 18) grant funds for the Pines Road/BNSF GSP • May 22, 2018: City Council authorized the City Manager to apply for FRA's CRISI FY 2018 grant funds for the Pines Road/BNSF GSP BACKGROUND: The US Department of Transportation (USDOT) issued a call for projects on February 18, 2020 for the BUILD discretionary grant program. Critical program details are: Total Available Program Funds: Award Range (Min -Max): Match Amount: Application Due Date: Application Award Date: Obligation Date (if awarded): BUILD Funds Expenditure Date: $1 billion nationwide $5 - $25 million (urban) $100 million max to any single state 80% Federal max (urban) 20% Non -Federal mix (urban) May 18, 2020 at 2PM PDT September 15, 2020 No later than September 30, 2022 No later than September 30, 2027 Staff recommends applying for the City's Pines Road/BNSF Grade Separation Project. Assuming a $29 million total cost, the request would maximize BUILD funds in order to provide the 80% maximum federal funding amount on the project, or $23 million. With nearly $5 million of secured federal funds for the project via CRISI and STBG programs, the City's BUILD request would be approximately $18 million. This would also require a 20% non -Federal match of $5.8 million, $3.7 of which is secured, City funds. The remaining $2 million would need to be secured via other non-federal funding sources such as the City, FMSIB, TIB, or WA Legislative Direct Appropriation. See the following cost breakdown: Status Source Amount % of Total Requested BUILD $ 17,886,500 62% Federal Secured CRISI $ 1,246,500 4% Secured STBG $ 3,795,000 13% Federal Subtotal $ 22,928,000 80% Status Source Amount % of Total Non- Secured City $ 3,700,000 13% Federal Expected Expected BNSF Other (City, FMSIB, TIB, WA Leg.) $ 300,000 $ 1,732,000 1% 6% Non -Federal Subtotal $ 5,732,000 20% Total Future Eligible Project Cost $ 28,660,000 100% OPTIONS: 1) Approve the recommended project for this grant program, 2) take other action. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager or designee, to apply for the BUILD FY 20 program for the Pines Road/BNSF Grade Separation Project. BUDGET/FINANCIAL IMPACTS: Updates to the existing project applications are provided by staff with support from an outside consultant. The consultant cost for updating the Pines Road/BNSF GSP application is approximately $9,000. STAFF CONTACT: John Hohman, PE — Deputy City Manager Adam Jackson, PE — Planning & Grants Engineer ATTACHMENTS: N/A CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 14, 2020 Department Director Approval: Check all that apply: ❑ consent ❑ old business Z new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion consideration — Emergency funding agreement with Greater Spokane County Meals on Wheels. GOVERNING LEGISLATION: Article VIII, § 7 of the Washington State Constitution; Washington State Attorney General Guidance on Analyzing Issues Related to Gifts of Public Funds During the COVID- 19 Pandemic; RCW 38.52.070(2). PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: As Council is aware, the Spokane Valley region (along with the rest of the world) has recently experienced the effects of the COVID-19 pandemic. Greater Spokane County Meals on Wheels (Meals on Wheels) provides meals to those senior citizens who request them, many of which are delivered to the requester's house. With the need for social distancing, Meals on Wheels has had a significant increase in the number of new requests in the past month. As a result, their current funding is creating a financial strain on the organization at a time of substantial need. They have requested that the City provide supplemental funding to help it cover these increased costs. This would provide Meals on Wheels with an additional $8,000, and would run through July 30, 2020. OPTIONS: (1) Approve motion authorizing City Manager to execute agreement; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: I move we authorize the City Manager to finalize and execute the funding agreement with Greater Spokane County Meals on Wheels to provide emergency funding relating to providing additional meals to Spokane Valley senior citizens. BUDGET/FINANCIAL IMPACTS: $8,000. These funds would come from the General Fund 001, and would need to be the subject of a subsequent budget amendment in year 2020, since they were not budgeted previously. The City may seek reimbursement of any expended amounts through disaster relief funding from the state or federal government. STAFF CONTACT: Cary Driskell, City Attorney. ATTACHMENTS: Proposed agreement with Greater Spokane County Meals on Wheels. EMERGENCY COVID-19 PANDEMIC GRANT AGREEMENT BETWEEN GREATER SPOKANE COUNTY MEALS ON WHEELS AND THE CITY OF SPOKANE VALLEY FOR EMERGENCY ASSISTANCE THIS AGREEMENT is made by and between the City of Spokane Valley, a non -charter code City of the State of Washington, hereinafter referred to as "City," and Greater Spokane County Meals on Wheels, hereinafter referred to as "Meals on Wheels," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1. Purpose of Agreement. The purpose of this Agreement is for Meals on Wheels to receive funds from the City in order to provide meals to an increased number of senior citizens in the City resulting from the COVID-19 pandemic. 2. Administration. The City Manager or his designee shall administer and be the primary contact for Meals on Wheels regarding terms of this Agreement. For good cause, as solely determined by City, City may direct that Meals on Wheels is no longer entitled to the use of said funds and terminate this Agreement. 3. Representations. Meals on Wheels shall use the funds received from City for the purposes set forth in Exhibit 1. By execution of this Agreement, Meals on Wheels represents that the funds will be used for those purposes set forth in Exhibit 1, generally summarized as emergency assistance necessitated by the COVID-19 pandemic within the general community, and shall be pursuant to all current laws, rules and regulations. No substitutions of purpose or use of the funds shall be made without the written consent of City. 4. Reporting. Meals on Wheels shall file a monthly reports outlining and describing the use of the funds provided by City and the services provided. Monthly reports shall be filed no later than the 15 day following the end of each prior month this Agreement is in place. 5. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Meals on Wheels shall accept modifications consistent with state and local law when directed orally or in writing by the City Manager or his designee. 6. Term of Contract. This Agreement shall be in full force and effect upon full execution, and shall remain in effect until terminated when (a) Meals on Wheels expends all of the funds granted by City; or (b) Meals on Wheels identifies the need for any remaining funds has ended; and (c) Meals on Wheels provides the final monthly report on use of funds. This Agreement shall terminate no later than July 30, 2020, unless otherwise extended by the Parties. Either Party may terminate this Agreement by 30 days written notice to the other Party or with no notice upon a determination by the City that the funds will not be or have not been used for the purpose as stated in this Agreement. In the event of such termination, City shall cease and desist from distributing any further funds to Meals on Wheels for work performed or otherwise and Meals on Wheels may be required to reimburse the City for any funds expended for a purpose other than as stated in this Agreement. 7. Compensation. City agrees to provide $8,000 for applicable expenses set forth in Exhibit 1. 8. Payment. City shall pay Meals on Wheels within 10 days of execution of this Agreement, and all funds shall be used for the purposes set forth in Exhibit 1. Meals on Wheels is an independent contractor and shall be solely responsible for all employee payroll -related costs or expenditures. No City funds may be used for employee payroll costs or Page 1 of 5 expenditures. Meals on Wheels shall assume all responsibility for maintaining complete payroll records on programs where City funds have been used. City reserves the right to withhold payment of funds under this Agreement or to seek reimbursement of funds distributed under this Agreement which are determined in the reasonable judgment of the City Manager or his designee to be noncompliant with the Exhibit 1, the Spokane Valley Municipal Code, or federal or state law. 9. Notice. Notice shall be given in writing as follows or such change in address as provided by either Party: TO CITY: TO: MEALS ON WHEELS Name: Chelsie Taylor, Finance Director Phone Number: (509) 720-5040 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 Name: Janet Dixon, Director of Development Phone Number: (509) 924-6976 Address: 12101 East Sprague Avenue Spokane Valley, WA 99214 10. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws, ordinances, and regulations. 11. Relationship of the Parties. It is understood, agreed and declared that Meals on Wheels, its employees, agents and assigns shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Meals on Wheels. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Meals on Wheels, who shall be solely responsible for the conduct and actions of all employees of Meals on Wheels under this Agreement and any liability that may attach thereto. 12. Insurance. Meals on Wheels shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Meals on Wheels its agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance. Meals on Wheels shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. If use of vehicles pursuant to the Agreement is only incidental, and Meals on Wheels will not transport any persons not directly related or affiliated with Meals on Wheels, then Meals on Wheels is only required to have automobile liability insurance to meet at least minimum Washington state requirements. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. City shall be named as an additional insured under Meals on Wheels' commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. Page 2 of 5 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Meals on Wheels shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. If Meals on Wheels will not use its vehicles in the performance of this Agreement, automobile liability insurance is only required to meet Washington statutory minimum requirements. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 for each occurrence, and $2,000,000 for general aggregate. C. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions for automobile liability, professional liability and commercial general liability insurance: 1. Meals on Wheels's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of Meals on Wheels' insurance and shall not contribute with it. 2. Meals on Wheels shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Meals on Wheels. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Meals on Wheels shall furnish acceptable insurance certificates to the City at the time Meals on Wheels returns the signed Agreement. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. Meals on Wheels shall be financially responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance. F. Failure to Maintain Insurance. Failure on the part of Meals on Wheels to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving at least five days' written notice to Meals on Wheels to cure the breach, immediately terminate the Agreement or, at the City's discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Meals on Wheels from the City. G. City Full Availability of Insurance Limits. If Meals on Wheels maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Meals on Wheels, irrespective of whether such limits maintained by Meals on Wheels are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Meals on Wheels. 13. Indemnification and Hold Harmless. Meals on Wheels shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature Page 3 of 5 whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Meals on Wheels, Meals on Wheels' agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Meals on Wheels' duty to defend, indemnify, and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees pursuant to RCW 4.24.115. Meals on Wheels' duty to defend, indemnify, and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of (a) City or City's agents or employees, and (b) Meals on Wheels, Meals on Wheels' agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Meals on Wheels, Meals on Wheels' agents, subcontractors, subconsultants, and employees. Meals on Wheels' duty to defend, indemnify, and hold City harmless shall include, as to all claims, demands, losses, and liability to which it applies, City's personnel -related costs, reasonable attorneys' fees, the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim -related expenses. Meals on Wheels specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Meals on Wheels' waiver of immunity under this provision extends only to claims against Meals on Wheels by City, and does not include, or extend to, any claims by Meals on Wheels' employees directly against Meals on Wheels. Meals on Wheels hereby certifies that this indemnification provision was mutually negotiated. 14. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Meals on Wheels' records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 15. Waiver. No officer, employee, agent or other individual acting on behalf of either Party has the power, right or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 16. Assignment and Delegation. Neither Party shall assign, transfer or delegate any nor all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other Party. 17. Subcontracts. Except as otherwise provided herein, Meals on Wheels shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. Page 4 of 5 18. Confidentiality. Meals on Wheels may, from time -to -time, receive information which is deemed by the City to be confidential. Meals on Wheels shall not disclose such information without the prior express written consent of the City or upon order of a Court of competent jurisdiction. 19. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between the City and Meals on Wheels shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Meals on Wheels agrees that it may, at the City's request, be joined as a party in any arbitration proceeding between the City and any third party that includes a claim or claims that arise out of, or that are related to Meals on Wheels' services under this Agreement. Meals on Wheels further agrees that the Arbitrator(s) decision therein shall be final and binding on Meals on Wheels and that judgment may be entered upon it in any court having jurisdiction thereof. 20. Cost and Attornev's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). 21. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the Parties hereto. 22. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 23. Severability. If any section, sentence, clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: Exhibit 1: Scope of Services; and Exhibit 2: Insurance certificates. The Parties have executed this Agreement this day of , 2020. CITY OF SPOKANE VALLEY Greater Spokane County Meals on Wheels: Mark Calhoun, City Manager By: Its: Authorized Representative ATTEST: APPROVED AS TO FORM: Christine Bainbridge, City Clerk Office of the City Attorney Page 5 of 5 SCOPE OF SERVICES The Scope of Work under this Agreement includes generally providing meals to Spokane Valley senior residents. Meals on Wheels has received a significant increase in the number of residents requesting that meals be dropped off as a result of the COVID-19 pandemic, and the supplemental funding provided by this Agreement is intended to help cover the additional costs of providing these meals. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 14, 2020 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Spokane County Hazard Mitigation Plan. GOVERNING LEGISLATION: Department of Emergency Management Services; Code of Federal Regulations (CFR), Title 44 Section 201.6 PREVIOUS COUNCIL ACTION TAKEN: Resolution 07-002; Spokane County Hazard Mitigation Plan — adopted 3/27/2007 Resolution 14-015; Spokane County Hazard Mitigation Plan Update — adopted 12/16/2014 BACKGROUND: The Spokane County Hazard Mitigation Plan is a compliance document for the federal Disaster Mitigation Act of 2000. The City of Spokane Valley approved the original plan in 2007 under Resolution 07-002, and approved an update to the plan in 2014 under Resolution 14- 015. The Plan requires updating every five years. The most recent update to the Plan has since expired. In 2019, the Greater Spokane County Emergency Management (GSCEM) office undertook the development of the Spokane County Hazard Mitigation Plan as a multi -jurisdictional planning effort. The final adopted version by the GSCEM is attached. In order to qualify for federal funding under the Disaster Mitigation Act, the City of Spokane Valley must officially adopt the Plan. OPTIONS: Consensus to schedule a motion consideration for a resolution on a future agenda to consider approval of the Spokane County Hazard Mitigation Plan. RECOMMENDED ACTION OR MOTION: Council consensus to place a resolution to consider approval of the Spokane County Hazard Mitigation Plan on the April 28, 2020 Council consent agenda. BUDGET/FINANCIAL IMPACTS: Undetermined. STAFF CONTACT: Jenny Nickerson, Building Official; Bill Helbig, City Engineer ATTACHMENTS: • Draft Resolution Authorizing adoption of the Spokane County Hazard Mitigation Plan; and • Chapter 7 (City of Spokane Valley Annex Update) of the Spokane County Hazard Mitigation Plan, Volume 1 & 2, Final Adopted Version (April 2020). U.S. Department of Homeland Security FEMA Region Id 130 — 228°' Street, SW Bothell, Washington 98021 FEMA March 4, 2020 Mr. Tim Cook State Hazard Mitigation Officer Washington State Emergency Management Division Building 20, MS TA-20 Camp Murray, Washington 98430-5122 Dear Mr. Cook: The Federal Emergency Management Agency (FEMA) Region 10 completed a pre -adoption review of the draft Spokane County Multi -Jurisdictional Hazard Mitigation Plan. The attached Mitigation Plan Review Tool documents the Region's review and compliance with all required elements of 44 CFR Part 201.6, as well as identifies the jurisdictions participating in the planning process. This letter serves as Region 10's commitment to approve the plan upon receiving documentation of its adoption by participating jurisdictions. Formal adoption documentation must be submitted to FEMA Region 10 by at least one jurisdiction within one calendar year of the date of this letter, or the entire plan must be updated and resubmitted for review. Once FEMA approves the plan, the jurisdictions are eligible to apply for FEMA Hazard Mitigation Assistance grants. Please contact John Schelling, Regional Mitigation Planning Program Manager, at (425) 487-2104 or iohn.schellingWema.dhs.aov with any questions. Sincerely, Tamra Biasco Chief, Risk Analysis Branch Mitigation Division JS DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION 20- A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AUTHORIZING THE ADOPTION OF THE APRIL 2020 SPOKANE COUNTY HAZARD MITIGATION PLAN, REPEALING AND REPLACING RESOLUTION 07-002, RESOLUTION 14-015, AND ANY PRIOR RESOLUTIONS RELATING TO THE SAME, AND OTHER MATTERS RELATED THERETO. WHEREAS, all of Spokane County has exposure to natural hazards that increase the risk to life, property, environment and the County's economy; and WHEREAS, proactive mitigation of known hazards before a disaster event can reduce or eliminate long- term risk to life and property; and WHEREAS, The federal Disaster Mitigation Act of 2000 (Public Law 106-390) established requirements for pre and post -disaster hazard mitigation programs requiring that "local and tribal government applicants for sub -grants must have an approved local mitigation plan in accordance with 44 CFR 201.6 prior to receipt of a Hazard Mitigation Grant Program sub -grant funding." The purpose of such local mitigation plan is to represent the member jurisdictions' commitment to reduce risks from natural and man-made hazards; and WHEREAS, pursuant to 44 CFR 201.6, a coalition of Spokane County governmental entities with like - planning objectives was formed to pool resources and create consistent mitigation strategies to be implemented within each partner's identified capabilities within the Spokane County Planning Area; and WHEREAS, the coalition has completed a planning process that engages the public, assesses the risk and vulnerability to the impacts of natural hazards, develops a mitigation strategy consistent with a set of uniform goals and objectives, and creates a plan for implementing, evaluating and revising this strategy; and WHEREAS, pursuant to 44 CFR 201.6 and 44 CFR 201.7, the April 2020 Spokane County Hazard Mitigation Plan has been reviewed and found to meet the regulatory criteria, and following adoption by participating jurisdictions, will be approved by FEMA, making all adopting jurisdictions eligible for mitigation project grants. NOW, THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. The April 2020 Spokane County Hazard Mitigation Plan, attached hereto and incorporated herein, is hereby adopted in its entirety, including the City of Spokane Valley Jurisdictional Annex. Section 2. Spokane Valley Resolutions 07-002 and 14-015 are hereby repealed in their entirety. Section 3. Effective Date: This Resolution shall be in full force and effect upon adoption. Resolution 20- adopting Spokane County Hazard Mitigation Plan Page 1 of 2 DRAFT Adopted this day of , 2020 Attest: City of Spokane Valley Christine Bainbridge, City Clerk Ben Wick, Mayor Approved as to Form: Office of the City Attorney Resolution 20- adopting Spokane County Hazard Mitigation Plan Page 2 of 2 CHAPTER 7. CITY OF SPOKANE VALLEY ANNEX UPDATE ,Valley. 7.1 INTRODUCTION This Annexdetails the hazard mitigation planning elements specific to the City of Spokane Valley, a participating jurisdiction to the Spokane County Hazard Mitigation Plan Update. This Annex is not intended to be a standalone document, but rather appends to and supplements the information contained in the base plan document. As such, all sections of the base plan, including the planning process and other procedural requirements apply to and were met by the City of Spokane Valley. For planning purposes, this Annex provides additional information specific to the jurisdiction, with a focus on providing greater details on the risk assessment and mitigation strategy for this community only. This document serves as an update to the previously completed plan. All relevant data has been carried over and updated with new information as appropriate and as identified within the planning process discussed in Volume 1. 7.2 HAZARD MITIGATION PLANNING TEAM POINT(S) OF CONTACT The City of Spokane Valley followed the planning process detailed in Section 2 of the Base Plan. In addition to providing representation on the County's Planning Team, the City of Spokane Valley also formulated their own internal planning team to support the broader planning process. Individuals assisting in this Annex development are identified below, along with a brief description of how they participated. Local Planning Team Members Name Position/Title Planning Tasks Mark Calhoun City Manager 10210E Sprague Ave Spokane Valley, WA 99206 509-720-5100 mcalhoun(c�spolcanevaIIev.org Primary Point of Contact (Original) Directed the development of the City's Annex. Assisted with identification of planning team members; provided information; attended kick-off and planning meeting; reviewed plan and maintained contact with County HMP team. Jenny Nickerson Building Official 10210E Sprague Ave Spokane Valley, WA 99206 509.720.5305 jnickerson@spokanevalley.org Primary Point of Contact Captured relevant data required to complete plan; attended internal working group meetings; assisted in plan authoring and review. Bridgeview Consulting 7-1 April 2020 Spokane County Hazard Mitigation Plan Update; Volume 2—Planning Partner Annexes Local Planning Team Members Name Position/Title Planning Tasks Bill Helbig City Engineer 10210 E Sprague Ave Spokane Valley, WA 99206 509.720.5320Valley, bhelbig@spokanevalley,org Alternate Point of Contact Attended planning team meetings as required; Captured relevant data necessary to complete plan; attended internal working group meetings; assisted in plan authoring and review. Marci Patterson Executive Assistant 10210 E Sprague Ave Spokane Valley, WA 99206 509.720.5108 mpatterson@spokanevalley.org Primary Point of Contact Attended all planning meetings; assimilated all data and information necessary to complete the annex template; served as primary author of plan as data was captured. 7.3 COMMUNITY PROFILE The following is a summary of key information about the jurisdiction and its history: • Date of Incorporation — March 31, 2003 • Current Population — 99,011 as of April 2019 • Population Growth — Based on data from the Washington State Office of Financial Management and U.S. Census Bureau, Spokane Valley has experienced a 1.9-percent increase in population since 2010. Spokane Valley has seen approximately a 13.3-percent increase in population from its estimated population of 99,011 at the time of incorporation on April, 2019. • Location and Description — The City of Spokane Valley is located near the eastern border of Washington. The incorporated area of Spokane Valley encompasses 38.5 square miles of land area, with room for residential, commercial and industrial expansion. Within the incorporated city limits, there are 438 miles of roadway. It has an extensive retail tax base and is home to several major auto dealerships, a Spokane Business Park with more than 70 buildings ranging from 1,200 to 270,000 square feet, and the Spokane Valley Mall, which includes over 700,000 square feet of gross leasable floor area. There are more than 10,358 businesses registered to do business in Spokane Valley as of October 2019, with estimated annual retail sales in 2018 of $2.57 billion. • Brief History — Spokane Valley occupies the broad, gravelly valley of the Spokane River and was originally populated by the Spokane and Coeur d'Alene tribes. Antoine Plante (1812- 1890), a former fur trader, operated a ferry over the river beginning in about 1854. Over the next few decades, settlers began to establish farms, orchards, and trading posts such as the Dishman Store. Beginning in 1895, irrigation vastly increased the productivity of the land. Apples were the chief crop until about 1925, when truck farming took over. World War II brought a huge aluminum plant to Trentwood and hundreds of jobs. The 1950s brought a rapid growth trend toward suburban living, which caused a population boom in the last half of the century. Several incorporation drives were attempted and failed. Finally, in 2002, voters authorized the creation of a 38.5-square-mile city. Today Spokane Valley is the 10th largest city in Washington. Bridgeview Consulting 7-2 April 2020 CITY OF SPOKANE VALLEY • Climate — At an elevation of 2,384 feet, Spokane Valley experiences all four seasons of the year. Annual average rainfall is 18.2 inches with an annual average snowfall of 20.1 inches from November to April. Temperatures range from average January lows of 23°F to mid- summer average highs at 85.4°F. • Governing Body Format —The City of Spokane Valley is a non -charter code city and operates under a council-manager plan of government. It is governed under the optional municipal code of RCW Chapter 35A. Under this form of government, legislative authority is concentrated in the elected City Council, which hires a professional administrator to implement its policies. The executive branch is led by the city manager. There are seven positions on the City Council, and all council positions are at -large positions. Councilmembers are generally elected to four- year terms, with elections held every two years. For continuity, position terms are staggered by two years so that not all positions are open for election at the same time. The chair ofthe council has the title of Mayor and presides at Council meetings • Development Trends —The City of Spokane Valley and its immediate area are primarily urban and suburban residential with supporting retail and commercial enterprises. Heavy industrial uses are located along the BNSF/UP railways, primarily within the Industrial Park near the northeastern border of the city, which also houses light industrial and manufacturing uses. Washington State Law, (RCW Chapter 36.70), requires that counties that meet specified population criteria, as well as cities within those counties, prepare and adopt a comprehensive long-range plan to serve as a guide for community development. The plan must consist of an integrated and internally consistent set of goals, policies, and implementation measures. In addition, the plan must focus on issues of the greatest concern to the community and be written in a clear and concise manner. City actions, such as those relating to land use allocations, annexations, zoning, subdivision and design review, redevelopment, and capital improvements, must be consistent with the plan. The City of Spokane Valley is in compliance and good standing with the provisions of RCW 36.70 and adopted its most recent comprehensive plan in 2006. The most recent update occurred in 2013; the City will review and amend the Plan as necessary to allow for the management of future growth and development as identified in this plan. Economy — The City of Spokane Valley's key economic drivers are manufacturing, retail, and healthcare and social assistance. In 2019, these industries together accounted for 25,705 jobs in the city, about 40 percent of employment in the city. Manufacturing companies in Spokane Valley range from very small to very large; leading industry segments include aluminum casting, aerospace products, structural and other metal products, and medical equipment and supplies. These businesses enjoy significant distribution options thanks to Interstate 90 and two class 1 railroads that travel through the city. The largest manufacturing employers include Kaiser Aluminum, Wagstaff, Key Tronic EMS, Servatron, Mackay Manufacturing, Spokane Industries, Katerra and Hotstart. The greater Spokane region is the health care hub of the Inland Northwest and northern Idaho. Specifically, Spokane Valley host numerous healthcare facilities that serve a regional customer base, including MultiCare Valley Hospital, CancerCare Northwest and Spokane CyberKnife and Radiation Oncology Center. Spokane Valley is a major retail presence in the region. The city is home to the Valley Mall (108 plus stores) and a diverse range of businesses situated mostly along key arterials. In terms of the number of establishments within the city, the largest percentage (19 percent) offer food and beverage services. Miscellaneous store retailers (representing a broad mix of typically smaller - footprint retailers) and motor vehicle and parts dealers also accounted for sizable portions of the city's retail mix-13 percent and 12 percent, respectively. The city's retail sector continues to grow Bridgeview Consulting 7-3 April 2020 Spokane County Hazard Mitigation Plan Update; Volume 2—Planning Partner Annexes and innovate. New companies that recently chose Spokane Valley as the first site of their expansion into Washington State include Duluth Trading Co. and Amy's Donuts. The largest retail employers include Costco, Walmart, Yolks, Fred Meyer and Carmax. 7.4 HAZARD EVENT HISTORY Within the Base Plan, the Planning Team identified all hazard events which have occurred within the County. In the context of the planning region, it was determined that there are no additional hazards that are unique to the jurisdiction. Table 7-1 lists all past occurrences of natural hazards within the jurisdiction. The City could not identify specific dollar losses associated with the hazard impact, but will work at maintaining the information for future plan updates. TABLE 7-1 NATURAL HAZARD EVENTS Type of Event FEMA Disaster # Dollar Losses (if applicable) Date (if known) Flood DR 4309 04.21.2017 Unknown. Severe Storms DR 4249 01.15.2016 Unknown Wildfire EM 3372 08.21.2015 Unknown Severe Storms DR 1825 03.02.2009 Unknown Wildfire FM 2783 07.11.2008 Unknown Hurricane Katrina EM 3227 09.07.2005 Unknown Flood/Landslides DR 1 172 04.02.1997 Unknown Severe Storms DR 1159 01.17.1997 Unknown Severe Stones DR 1152 11.19.1997 Unknown Flood DR 1100 02.09.1996 Unknown Wildfire DR 922 11.13.1991 Unknown Flood DR 769 07.26.1986 Unknown Flood EM 3086 08.19.1982 Unknown Volcano DR 623 05.21.1980 Unknown Drought EM 3037 03.31.1977 Unknown Flood DR 185 12.29.1964 Unknown Bridgeview Consulting 7-4 April 2020 CITY OF SPOKANE VALLEY 7.5 CAPABILITY ASSESSMENT Coordination with other community planning efforts is paramount to the successful implementation of this plan. This section provides information on how planning mechanisms, policies, and programs are integrated into other on -going efforts. It also identifies the jurisdiction's capabilities with respect to preparing and planning for, responding to, recovering from, and mitigating the impacts of hazard events and incidents. Capabilities include the programs, policies and plans currently in use to reduce hazard impacts or that could be used to implement hazard mitigation activities. The capabilities are divided into the following sections: National Flood Insurance Information; regulatory capabilities which influence mitigation; administrative and technical mitigation capabilities, including education and outreach, partnerships, and other on -going mitigation efforts; fiscal capabilities which support mitigation, and classifications under various community programs. 7.6 NATIONAL FLOOD INSURANCE INFORMATION Information on the community's National Flood Insurance Program (NFIP) compliance is presented in Table 7-2 This identifies the current status of the jurisdiction's involvement with the NFIP. Repetitive flood loss records are as follows: • Number of FEMA-Identified Repetitive Loss Properties: None • Number of FEMA-Identified Severe Repetitive Loss Properties: None • Number of Repetitive Flood Loss/Severe Repetitive Loss Properties That Have Been Mitigated: None TABLE 7-2 NATIONAL FLOOD INSURANCE COMPLIANCE What department is responsible for floodplain management in your community? Community and Public Works. Department Who is your community's floodplain administrator? (department/position) Do you have any certified floodplain managers on staff in your community? What is the date of adoption of your flood damage prevention ordinance? When was the most recent Community Assistance Visit or Community Assistance Contact? John Holtman Deputy City Manager Yes 06.25.2010 An update is currently in process. 9/18/08 To the best of your knowledge, does your community have any outstanding NFIP No compliance violations that need to be addressed? If so, please state what they are. Do your flood hazard maps adequately address the flood risk within your community? (If no, please state why) No. There is one major floodplain that is currently unstudied with approximate A zones that do not adequately address actual flood risk. Bridgeview Consulting 7-5 April 2020 Spokane County Hazard Mitigation Plan Update; Volume 2—Planning Partner Annexes TABLE 7-2 NATIONAL FLOOD INSURANCE COMPLIANCE Does your floodplain management staff need any assistance or training to support No its floodplain management program? If so, what type of assistance/training is needed? Does your community participate in the Community Rating System (CRS)? If so, is your community seekin1 to improve its CRS Classification? If not, is your community interested in ,joining the CRS program? No. We are not currently interested in, joining the CRS program. 7.6.1 Regulatory Capability The assessment of the jurisdiction's legal and regulatory capabilities is presented in Table 7-3. This includes planning and land management tools, typically used by local jurisdictions to implement hazard mitigation activities and indicates those that are currently in place. TABLE 7-3 LEGAL AND REGULATORY CAPABILITY Other Local Jurisdictional Authority Authority Codes, Ordinances & Requirements State Mandated Comments Building Code Version: Int'I Code Council Year: 2015 Yes Zoning Ordinance Yes Subdivision Ordinance Yes No No Currently adopted Washington State Building Codes under the State Building Code Act, RCW 19.27 No No City of Spokane Valley Municipal Code Title 12, Zoning_Re ulations No No City of Spokane Valley Municipal Code Title 20, Subdivision R gulationsw Floodplain Ordinance Yes Stormwater lt4anagement Yes Yes Yes No Yes Post Disaster Recovery Real Estate Disclosure No No No No No City of Spokane Valley Municipal Code Title 22, Design and Development Regulations Yes Comprehensive Plan and Development Regulations must be consistent with Chapter 64.06 RCW Growth Management Yes No Yes Regulations must be consistent with Chapter 36.70A RCW Site Plan Review Yes No No City of Spokane Valley Municipal Code Title 19, Zoning Regulations Public Health and Safety No Yes Coastal Zone Management Climate Chan Ada.tation No No Yes Spokane Regional Health Department and Washington State Department of Health No Not Applicable to Region No No No Bridgeview Consulting 7-6 April 2020 CITY OF SPOKANE VALLEY TABLE 7-3 LEGAL AND REGULATORY CAPABILITY Other Local Jurisdictional State Authority Authority Mandated Comments ----------------- Natural Hazard Specific Ordinance Yes Yes Yes (stormwater, steep slope, wildfire, etc.) Environmental Protection Yes Yes Yes Planning Documents General or Comprehensive Plan Yes No Yes Is the plan equipped to provide linkage 10 this mitigation plan? Yes Floodplain or Basin Plan No No No Stormwater Plan No No No Capital Improvement Plan Yes Yes Yes Habitat Conservation Plan No No No Economic Devclopmcnt Plan No No No Shoreline Management Plan Yes No Yes Comprehensive Plan and Development regulations must be consisted with Chapter 90.58 RCW Community Wildfire Protection Yes No No Spokane County Community Wildfire Plan Protection Plan Transportation Plan Yes Yes Yes 6 Year Transportation Improvement Program Response/Recovery Planning Comprehensive Emergency No Yes No Spokane County Emergency Management Management Plan Threat and Hazard Identification No Yes No Spokane County Emergency and Risk Assessment Management, Hazard Mitigation Plan Terrorism Plan No No No Post -Disaster Recovery Plan No No No Continuity of Operations Plan No No No Public Health Plans Yes No No County Public Health maintains various health plans on which the City relies when needed for these services. Boards and Commission Planning Commission Yes Yes No Mitigation Planning Committee Yes No No The City was part of the County's HMP update for this 2020 version of the plan, and will continue to serve on the Committee as required within the Plan Maintenance Strategy portion of the plan. Bridgeview Consulting 7-7 April 2020 Spokane County Hazard Mitigation Plan Update; Volume 2—Planning Partner Annexes TABLE 7-3 LEGAL AND REGULATORY CAPABILITY Other Local Jurisdictional State Authority Authority Mandated Comments Maintenance programs to reduce Yes Yes No risk (e.g., tree trimming, clearing drainage systems, chipping, etc.) Mutual Aid Agreements / No No No Memorandums of Understanding Other 7.6.2 Administrative and Technical Capabilities The assessment of the jurisdiction's administrative and technical capabilities, including educational and outreach efforts, and on -going programmatic efforts are presented in Table 7-4 . These are elements which support not only mitigation, but all phases of emergency management already in place that are used to implement mitigation activities and communicate hazard -related information. TABLE 7-4 ADMINISTRATIVE AND TECHNICAL CAPABILITY Staff/j s nj el Resources Available (Yes/No) Department/Agency/Position Planners or engineers with knowledge of land development and land management practices Professionals trained in building or infrastructure construction practices (building officials, fire inspectors, etc) Engineers specializing in construction practices? Planners or engineers with an understanding of natural hazards Staff with training, in benefit/cost analysis Surveyors Personnel skilled or trained in GIS applications Personnel skilled or trained in Hazus use Scientist familiar with natural hazards in local area I?ineigency Manager Grant writers Warning Systems/Services (Reverse 9-1-1, outdoor warning signs or signals, flood or fire warning pr_ooram etc.?) Hazard data and information available to public Maintain Elevation Certificates Yes Yes Yes Yes Yes No Yes No No Yes Yes No No Yes Community and Public Works Department Staff Community and Public Works Department Staff Community and Public Works Staff Community and Public Works Department Staff City Finance Staff Community and Public Works Department Staff City Manager's Office Community and Public Works Department Staff Community and Public Works Department Staff Bridgeview Consulting 7-8 April 2020 CITY OF SPOKANE VALLEY TABLE 7-4 ADMINISTRATIVE AND TECHNICAL CAPABILITY Staff/Personnel Resources Available (Yes/No) Department/Agency/Position Education and Outreach Local citizen groups or non-profit organizations focused on emergency- preparedness? Local citizen groups or non-profit organizations focused on environmental protection? No No Organization focused on individuals with access and functional needs populations Ongoing public education or information program (e.g., responsible water use, fire safety, household •preparedness. ens ironmental education) Natural disaster or safety related school programs? No No Yes This is a service provided by the local school districts. Public -private partnership initiatives addressing disaster -related issues? No Multi -seasonal public awareness program? Other Yes No The City is part of an interlocal agreement with Spokane County to provide these services. On -Going Mitigation Efforts Hazardous Vegetation Abatement Program Noxious Weed Eradication Program or other vegetation management Fire Safe Councils No Yes Spokane County Noxious Weed Control Board No Chipper program Defensible space inspections program No Yes This is a service provided by the local fire districts in conjunction with the Spokane County Conservation District. Creek, stream, culvert or storm drain maintenance or cleaninpxprogram Stream restoration program Erosion or sediment control program Address signage for property addresses Other Yes No No Community and Public Works Department Staff Yes Community and Public Works Department Staff 7.6.3 Fiscal Capability The assessment of the jurisdiction's fiscal capabilities is presented in Table 7-5. These are the financial tools or resources that could potentially be used to help fund mitigation activities. Bridgeview Consulting 7-9 April 2020 Spokane County Hazard Mitigation Plan Update; Volume 2—Planning Partner Annexes TABLE 7-5 FISCAL CAPABILITY Financial Resources Accessible or Eligible to Use? Community Development Block Grants Yes Capital Improvements Project Funding Yes Authority to Levy Taxes for Specific Purposes Yes User Fees for Water, Sewer, Gas or Electric Service No Incur Debt through General Obligation Bonds Yes Incur Debt through Special Tax Bonds Yes Incur Debt through Private Activity Bonds Yes Withhold Public Expenditures in llazard-Prone Areas Yes State Sponsored Grant Programs Yes Development Impact Fees for Homebuyers or Developers Yes Other N/A 7.7 COMMUNITY CLASSIFICATIONS The jurisdiction's classifications under various hazard mitigation programs are presented in Table 7-6. Each of the classifications identified establish requirements which, when met, are known to increase the resilience of a community. TABLE 7-6. COMMUNITY CLASSIFICATIONS Participating (Yes/No) or Rating Date Enrolled Community Rating System No Building Code Effectiveness Grading Schedule 3 Building Code Effectiveness Grading Schedule 3 Protection Class 2 Storm Ready Yes Firewise No Tsunami Ready (if applicable) N/A 7.8 HAZARD RISK AND VULERABILITY RANKING The jurisdiction's internal Planning Team reviewed the hazard list identified within the Base Plan, and have identified the hazards that affect the City of Spokane Valley, computing their Calculated Priority Risk Index (CPR1) scores as follows: Bridgeview Consulting 7-10 April 2020 CITY OF SPOKANE VALLEY CALCULATED PRIORITY RISK INDEX RANKING SCORES Hazard Probability Severity Magnitude and/or Extent and Warning Calculated Priority Location Time Duration Risk Index Score Drought 4 2 2 Earthquake 3 2 2 Flood 4 3 3 Landslide 3 2 2 Severe Weather 4 3 4 Volcano 1 Wildfire 4 2 2 3 3 4 2 4 2 1 4 4 2 2 2 4 3 2.75 2.65 3.2 2.7 3.4 1.55 3.55 The Calculated Priority Risk Index scoring method has a range from 0 to 4. "0" being the least hazardous and "4" being the most hazardous situation. Table 7-7 presents the ranking of the hazards of concern based on their CPRI score, and the discussion based on the subject matter expertise of the internal planning team as they felt the hazards would impact them, or have historically impacted them. In some cases, the numeric ranking varies as a result of this subjective assessment, as well as hazards being ranked equally. A qualitative vulnerability ranking was then assigned based on a summary of potential impact determined by: past occurrences, spatial extent, damage, casualties, and continuity of government. The assessment is categorized into the following classifications: ❑ Extremely Low —No or very limited impact. The occurrence and potential cost of damage to life and property is very minimal -to -nonexistent. No impact to government functions with no disruption to essential services. ❑ Low (Negligible) — Minimal potential impact. The occurrence and potential cost of damage to life and property is minimal. Government functions are at 90% with limited disruption to essential services. ❑ Medium (Limited) --Moderate potential impact. This ranking carries a moderate threat level to the general population and /or built environment. The potential damage is more isolated, and less costly than a more widespread disaster. Government functions are at 80% with limited impact to essential services. ❑ High (Critical) — Widespread potential impact. This ranking carries a high threat to the general population and/or built environment. The potential for damage is widespread. Hazards in this category may have occurred in the past. Government functions are at —50% operations with limited delivery of essential services. ❑ Extremely High (Catastrophic) — Very widespread with catastrophic impact. Government functions are significantly impacted for in excess of one month. Bridgeview Consulting 7-11 April 2020 Spokane County Hazard Mitigation Plan Update; Volume 2—Planning Partner Annexes TABLE 7-7. HAZARD RISK AND VULNERABILITY RANKING Hazard Vulnerability Rank Hazard Type CPRI Score Rank 1 Wildfire 3.55 High 1 Severe Weather 3.4 High 2 Flood 3.2 High 2 Landslide 2.7 Medium 3 Earthquake 2.65 Medium 4 Drought 2.75 Medium 5 Volcano 1.55 Low 7.9 MITIGATION GOALS AND OBJECTIVES The City of Spokane Valley adopts the hazard mitigation goals and objectives developed by the Planning Team described in Volume 1. 7.10 HAZARD MITIGATION ACTION PLAN The Planning Team for the jurisdiction identified and prioritized a wide range of actions based on the risk assessment, and their knowledge of the jurisdiction's assets and hazards of concern. Table 7-8 lists the action items/strategies that make up the jurisdiction's hazard mitigation plan. Background information and information on how each action item will be administered, responsible agency/office (including outside the district), potential funding sources, the titneframe, who will benefit from the activity, and the type of initiative associated with each item are also identified, Bridgeview Consulting 7-12 April 2020 CITY OF SPOKANE VALLEY TABLE 7-8. HAZARD MITIGATION ACTION PLAN MATRIX Applies to new or existing assets I-Iazards Mitigated Objectives Met Lead Agency Estimated Cost (1-ligh/ Medium/ Low) or $ Figure if Known Sources of Funding (List Grant type, i General Fund, etc.) Timeline (Long -Term, Short -Term) Included in Previous Plan? Yes/No Initiative Type: Public Information, Preventive Activities, Structural Projects, Property Protection, Emergency Services, Recovery, Natural Resource Protection Who or What Benefits? Facility, Local, County, Region INITIATIVE # COSY 1 —Enforce updated Building and Energy Codes. New & Existing All Hazards 1,2,3,10 City of Spokane Valley Community Development Low City of Spokane Valley, Washington Assoc. of Building Officials, Idaho Assoc. of Building Officials Washington State University Energy Program, Internationa 1 Code Council Short -Term Yes Public Information/Preven tative Activities All INITIATIVE # COSV 2 —Educate residents in flood -prone areas by providing informational pamphlets. New & Existing Flood, Severe Weather 2,4,5,6,8, 10 City of Spokane Valley Community Development Low City of Spokane Valley, Internatio nal Code Council Short -Term Yes Public Information All INITIATIVE # COSV 3 — Continue to maintain compliance and good standing unde • the National Flood Insurance Program. This will be accomplished through the implementation of floodplain management programs that, at a minimum, will meet the requirements of the NFIP, which include the following: • Enforcement of the adopted flood damage prevention ordinance • Participating in flood plain identification and mapping updates • Providing public assistance/information on floodplain requirements and impacts. New & Existing l: food, Severe Weather 2,4,5,6,8, 10 City of Spokane Valley Community Development Low Local Ongoing Yes Public Information/ Property Protection/Preventa tive Activities All INITIATIVE # COSV 4 — Implement wildfire mitigation recommendations identified in the Spokane County CWPP. Bridgeview Consulting 7-13 April 2020 Spokane County Hazard Mitigation Plan Update; Volume 2—Planning Partner Annexes TABLE 7-8. HAZARD MITIGATION ACTION PLAN MATRIX Applies to new or existing assets Hazards Mitigated Objectives Met Lead Agency Estimated Cost (High/ Medium/ Low) or $ Figure if Known Sources of Funding (List Grant type, General Fund, etc.) Timeline (Long -Term, Short -Term) Included in Previous Plan? Yes/No Initiative Type: Public Information, Preventive Activities, Structural Projects, Property Protection, Emergency Services, Recoveiy, Natural Resource Protection Who or What Benefits? Facility, Local, County, Region New & Existing Wildfire 1,2,3,4,5, 7,8,9,10, 11,12 Spokane Conservation District, all County Fire Districts Medium Local, Fire Grants, FEMA Hazard Mitigation Grants Short -Term Yes Public Information/ Preventative Activities All INITIATIVE # COSV 5 — Continue to maintain and/or enl ance the City's capability to enforce i s codes and regulations that result in a decreased risk exposure of new development. New & Existing All Hazards 4,5,11 Spokane Conservation District, all County Fire Districts Low Local Short -Term Ongoing Yes Public lnformation All INITIATIVE # COSV 6 — Consider, where appropriate, the adoption of higher regulatory standards that will result in an increase in the community resilience of new development. New All Hazards 4,5,11 Spokane Conservation District, all County Fire Districts Low Local Long -Term Yes Public Information/ Preventative Activities All INITIATIVE # COSV 7 — Continue to suppor the countywide initiatives identified in the plan. New & Existing All Hazards 1,3,4,8 DEM Low Local Ongoing Yes Preventative Activities All INITIATIVE # COSV 8 —Actively participate in the plan maintenance strategy identified in this Ian, New & Existing All Hazards 1,4,8 DEM Low Local Short Term Yes Preventative Activities All INITIATIVE # COSV 9 — Provide scour protection for vulnerable bridge abutments. Bridgeview Consulting 7-14 April 2020 CITY OF SPOKANE VALLEY TABLE 7-8. HAZARD MITIGATION ACTION PLAN MATRIX Initiative Type: Applies to new or existing assets Hazards Mitigated Objectives Met Lead Agency Estimated Cost (High/ Medium/ Low) or $ Figure if Known Sources of Funding (List Grant type, General Fund, etc.) Timeline (Long -Term, Short -Term) Included in Previous Plan? Yes/No Public Information, Preventive Activities, Structural Projects, Property Protection, Emergency Services, Recovery, Natural Resource Protection Who or What Benefits? Facility, Local, County, Region Existing Flood, Severe 1,1 I Spokane Valley Public High Hazard Mitigation Long Term Yes Preventative Activities/Structura All Weather Works Grant 1 Projeets/Property Program, Flood Protection/Natural Resource Control Protection Assi stance Account Program, Public Works Trust Fund 7.11 PRIORITIZATION OF MITIGATION INITIATIVES Once the mitigation initiatives items were identified, the Planning Team followed the same process outlined within Volume 1 to prioritize their initiatives. An analysis of six different initiative types for each identified action item was conducted. Table 7-9 identifies the prioritization for each initiative. TABLE 7-9. MITIGATION STRATEGY PRIORITY SCHEDULE # of Do Benefits Is Project Can Project Be Funded Initiative Objectives Equal or Grant- Under Existing Programs/ If Met Benefits Costs Exceed Costs? Eligible? Budgets? Prioritya COSV-1 4 Medium Low Yes Yes Yes Medium COSV-2 6 Low Low Yes Yes Yes Medium COSV-3 6 Medium Low Yes No Yes High COSV-4 10 Medium High Yes Yes Yes High COSV-5 3 Medium Low Yes No Yes High COSV-6 3 Medium Low Yes No No Medium COSV-7 4 Low Low Yes Yes Yes High COSV-8 3 Low Low Yes Yes Yes High COSV-9 2 High High Yes Yes No Medium 7.12 STATUS OF PREVIOUS PLAN INITIATIVES Table 7-10 summarizes the initiatives that were recommended in the previous version of the hazard mitigation plan and their implementation status at the time this update was prepared. Bridgeview Consulting 7-15 April 2020 Spokane County Hazard Mitigation Plan Update; Volume 2—Planning Partner Annexes TABLE 7-10. STATUS OF PREVIOUS HAZARD MITIGATION ACTION PLAN Current Status Mitigation Strategy Project Status R 5 d (Continual /Ongoing Nature Removed -)No Longer Relevant / Vn Artinn Carried Over COSY 1 —Enforce updated Building and Energy Codes. COSV 2 — Educate residents in flood -prone areas by providing informational pamphlets. COSV 3 —Protect the aquifer from critical materials through secondary containment requirements and documentation. COSV 4 — Continue to maintain compliance and good standing under the National Flood Insurance Program. This will be accomplished through the implementation of floodplain management programs that, at a minimum, will meet the requirem ents of the NFIP, which include the following: • Enforcement of the adopted flood damage prevention ordinance • Participating in flood plain identification and mapping updates • Providing public assistance/information on floodplain requirements and impacts. COSV 5 — Consider participating in the NFIP Community Rating System. COSV 6 — Where appropriate, support retrofitting, purchase, or relocation of structures in hazard -prone areas to protect structures from future damage, with properties with exposure to repetitive losses as a priority. COSV 7 — Integrate the hazard mitigation plan into other plans, ordinances or programs to dictate land uses within the jurisdiction. COSV 8— Implement wildfire mitigation recommendations identified in the Spokane County CWPP. Title 21; Environmental Controls, has been amended to require secondary containment and spill control planning for all materials which have the potential to harm or adversely affect the aquifer. No action has been taken No action has been taken and this has been addressed by other initiatives X X X X X X X X X X X X Bridgeview Consulting 7-16 April 2020 CITY OF SPOKANE VALLEY TABLE 7-10. STATUS OF PREVIOUS HAZARD MITIGATION ACTION PLAN Current Status Mitigation Strategy Project Status ig v . Zj Continual /Ongoing Nature Removed -/No Longer Relevant / Nn Artinn Carried Over COSV 9 — Continue to maintain and/or enhance the City's capability to enforce its codes and regulations that result in a decreased risk exposure of new development. COSV 10 — Consider, where appropriate, the adoption of higher regulatory standards that will result in an increase in the community resilience of new development. COSV 11 — Continue to support the countywide initiatives identified in the plan. COSV 12 — Actively participate in the plan maintenance strategy identified in this plan. COSV 13 — Provide scour protection for vulnerable bridge abutments. Ongoing Bridge Maintenance Program X X X X X X X X X X 7.13 HAZARD AREA EXTENT AND LOCATION Hazard area extent and location maps are included below. These maps are based on the best available data at the time of the preparation of this plan, and are considered to be adequate for planning purposes. Bridgeview Consulting 7-17 April 2020 ruy of SpoA un 1 ailey i-k,1 Spokane County Hazard Mitigation Plan Update; Volume 2—Planning Partner Annexes ..) I I 1 1 1 I ._i11. ,. i',,.',.g. ' ''''' : 4,,,..,.a.,,.,..Ii.y - ..1 ,;27..,H.•.7-..i,i ,.L-i,..4-1iT' . 'l,r.,j..'i'.,1T..1 . .,.,' :i,i e'_I_-4.'_:1_-.-_-.t ,I:i.•I ,1 .--„..- •.. ....1:,.t./.l% .."..r• i.r.l.'..j-:,''=' .i—. r - , y.,,,_ - .- -, .--. _.— 11 -1l' 4 1".... r 1 l__7.*1 I_d1:ii1, 7f4 } i ')1r ' 1 1Ot: 1 L• 1.! ,ia ,=,,I, .* T1-. IV,,i '11 - :, =,,,,... ,\V,I t, • : , Th-11 1 — II- - k -"-' i-i / ' i I T. '• 1 1 ''' 1 1(11.ilfil•P'. I 111`?t till.° -;:'‘..7 .:V %.\ ' °-- l`r. J , 1 r d I 11. t iri . — I,/ 1 . I :'''''ilLr: 1 . 1..;1 • Bridgeview Consulting 7-18 April 2020 CITY OF SPOKANE VALLEY City of Spokane I'aliey Land Use Bridgeview Consulting 7-19 April 2020 Spokane County Hazard Mitigation Plan Update; Volume 2—Planning Partner Annexes - ., Nit1ley. Hailunol Earthquake Natardt B.ductan Ptayiam (MHRP) Sots Clartiftcolion Spokane County, WA National Earthquake Haza►ds Reduction Program (NEHRP) Soils I Map iacgig r Bridgeview Consulting 7-20 April 2020 CITY OF SPOKANE VALLEY poKane .0,00.15 Mil ley Spokane County, WA Flood Hazard Areas A 2;)1' Flood HotI id Arc .IA * Zone A flood eivr!SII VW FM, iff 2one AE Nrocfpfuiri *Zone AE — • Zone AO rho !11:111 tir11 • Zone X Map lacaSoi Bridgeview Consulting 7-21 April 2020 Spokane County Hazard Mitigation Plan Update; Volume 2—Planning Partner Annexes r r",Ul1ry, w11 Historic Landslide Areas & Steep Slopes WA•L)NR, 2019: U504, '/r Arc L'+E"A Landslide Compilation Areas ,, I n, ti r;�egh Ltspphrr Steep Slopes USG S 7, Arc'DEM • Map Loealos Bridgeview Consulting 7-22 April 2020 CITY OF SPOKANE VALLEY *lane .000.11r Val ley Spokane County, WA Liquefaction Susceptibility Liquefaction WcepIIbIIIy Hal ivecepfelv IIIjI PoOl Vcry low 101o* 1111Badiock loruto in Very low 6.0o0e, Mop locolod Bridgeview Consulting 7-23 April 2020 Spokane County Hazard Mitigation Plan Update; Volume 2—Planning Partner Annexes hNrtrp4Y"t (l rl I.1 Arrlr:llcn h1r h, nvi. I,,,•iI „1 rI If Firm' q Itrf:tni4+11%ditltnrI•11,:r,nl1 ^1 •r19I:U.1;1111W,r...p n111nakm; cOnncre-rI (1.utnut,I��:n1�,•. km71lylxn,Ih,r7I1.1011TI1,111 11rn11f:arl' lIrrIli1r111011a`ur 1111011 Iit} i wiyirj foerl type ,e r „1. 11,01, h-„In-r 1^Ire aP iII,rS!ij, looviinu nrnl +l<r�: •! ,ir;a10 V01.0 n 1111..11rv•Z••• • 1,i• ItV) r•gn1)Qr14M. .i1,011,4 n',:I nr, ntli ur 1.11 r.lu,.i•�r, ir1r,• 1.uvttfy, WA *OEM Andetion iS n re %a 11 B v4ot fuel mod.' G., Anderson 13 Fire Behavior Fuel Model tANDFIRE. 2019 it?feti P 1.1 +3 -.• t.1 P-M Mop local*: n Bridgeview Consulting 7- 24 April 2020 CITY OF SPOKANE VALLEY �l r Val ley ti rl.lkorlf. County, WA. Historic Fire Regime Groups • fire legime Group Yr.11Ini l.1111,01.1,,, I."s+.4.+.,,1' d, + fire Regime Group II a lr.Ye*nl Irr, kW, ni,r', •.i,: I" • flip logiene Group lrr ah 1.'ll Yrsl'r f irr hr.li l•.' ..-,1 .. • .!',• ,. 1 }, r fire Regime Group IV:15 RU Year irnl±r hnnlnL n•;.•, rii.i,i,r \,,. r,4 it + fire Regkne Group V + 700 VOOr NM, kc.'u 1$ o 1I• rvur !lily u Yr:11,r rr � .af"W Our+ I tilliorrc Fire ,n Regime Groups Q unr.p-.crr.,rr rAHr1I1R 24f I 4 rr• r.x-.r lz .P r fluI *.,rNetph W9rrr Rirrn Map local pi Bridgeview Consulting 7-25 April 2020 Spokane County Hazard Mitigation Plan Update; Volume 2—Planning Partner Annexes o�` • .000 Valley. • !n . Spokane County. WA Mean Fire Return Interval ♦ Mann the RehnnrnletvoiVenn) -„• I. rol,N.10 Y n cn • E-3/en te M u p locnfnr I Bridgeview Consulting 7-26 April 2020 CITY OF SPOKANE VALLEY • Vey* lat-nr Cen:bllotl Oast LA Vary tow, Veyola!ton t opaluwe Q IbR • v.u.lor»n Ccnalk Chaff El taw to tloaototo. Vagulotun Liaptrlus. I t.1.7t • Vagolotort Ccndidan Clatt ILA Maielula tc Lvw, YopottollGn ChepatMa 141 717t'. • Vegetalwr Coodbun Clots Ili Mo*la.ule to Itun tleocloldcn tivpartre 51 Ed% • Vegetation Condition Clon MA It1;$ . Veaeloriol (.tepuItr. b7 t% • vepetabonConalllalCtestlq.Lvc.),IYtrn, Vtyntolvnt}epanve0..1P6!L nttndtwaat ue ttowed Spiteane ....0014iiIl y. Vegetation Condition Class .,I;I3fro.. ior4 Bridgeview Co17stilting 7-27 April 2020 Spokane County Hazard Mitigation Plan Update; Volume 2—Planning Partner Annexes - 9-43L(41 - -jr L,061{11111C County, WA 0000 Mil ley Wildiand Urban interface (WUI) High Risk Communities W-e,d land Uthon Interface {WU High Risk Communitlei, WA LINR, 1.1krch AI I A • ton:line 401, High Bridgeview Consulting 7-28 April 2020 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 14, 2020 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: CenterPlace Regional Event Center Roof Update GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: • March 23, 2004: City Council approved the construction of CenterPlace • October 27, 2015: City Council approved a budget amendment for the 2015 General Fund budget to allow for the recommended CenterPlace Roof repairs • June 11, 2019: Staff discussed the CenterPlace roof issues • November 26, 2019: Staff obtained City Council consensus on standing seam metal roof recommendation BACKGROUND: At the budget workshop of 2019, staff discussed the CenterPlace roof issue with City Council. Based upon direction from the Council, staff contracted with Architects West to provide consulting and design services to replace the roof. Architects West prepared initial conceptual pricing for three roofing materials as shown below: Roofing Material Estimated Cost Life -Years Composition $426,000 15-30 Standing Seam Metal $532,500 50 + Metal Title $603,500 50 + Staff and the consultant presented re -roofing options along with conceptual pricing for comparison purposes in November of 2019. City Council concurred with the consultant and staff's recommendation to proceed with the standing seam metal roofing material. The consultant completed the plans and specifications and the project was advertised for bid on February 7, 2020. Bids were opened February 21 st with a wide range of bids as shown on attached bid tabulation. After careful consideration, staff decided it was in the best interest of the City to reject all bids and re -bid the project. Architects West updated their conceptual 2019 estimate for the roof replacement: • To $935,000 for metal roofing that includes $721,317.70 for construction plus costs for design, a 5% contingency and full-time inspection. This estimate is based on the plans and specifications as bid and considering the `mid range' of the bid pricing. • To $760,000 for asphalt composition shingles, similar to the roof at City Hall. This estimate includes $607,005.55 for construction plus costs for design, contingency and full-time inspection. While the life expectancy of the standing seam metal roof is greater than composition shingles (50 plus years vs 30 years), staff is recommending changing the roof material selection to composition shingles to keep more in line with the initial anticipated project budget. Too, although it is to early to predict the impact on General Fund tax revenues resulting from the COVID-19 event we anticipate we will experience a material reduction in 2020. OPTIONS: 1) Consensus on staff recommendation to select composition shingles; or 2) take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Seeking City Council consensus to accept staffs recommendation to proceed with replacing the CenterPlace roof with composition shingles roofing material. BUDGET/FINANCIAL IMPACTS: An estimate of $760,000 for asphalt composition shingles or $935,000 for metal. A 2020 budget amendment would be necessary to construct the project and this would be financed as a nonrecurring General Fund expenditure. The General Fund currently has reserves that are sufficient to accommodate this expense. STAFF CONTACT: John Hohman, Deputy City Manager ATTACHMENTS: Bid Tabulation — Standing Seam Metal Roofing BID TABULATION CenterPlace Roof Replacement Project CIP No. 0305 Spokane Estimate Bozco Construction, LLC Halme Builders Axiom Construction Icon Corporation Description Units Qty. Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Schedule A Roof Replacement L.S. 1 $532,000.00 $532,000.00 $427,000.00 $427,000.00 $1,002,760.00 $610,000.00 $1,098,000.00 $876,551.00 $1,179,800.00 $1,179,000.00 Minor Change CALC 1 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 Allowance for Permit Fees CALC 1 $6,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 Bid Schedule A Sub -Total $563,000.00 $458,000.00 $641,000.00 $907,551.00 $1,210,000.00 8.9% Tax $50,107.00 $40,762.00 $57,049.00 $80,772.04 $107,690.00 Bid Schedule A Total $613,107.00 $498,762.00 $698,049.00 $988,323.04 $1,317,690.00 Competitive bids were opened on 2/21/20. I hereby certify to the best of my ability that this is a true and correct bid tabulation for the CenterPlace Roof Replacement Project, CIP #0305. Glenn Ritter, PE Senior Engineer/Project Manager CHECKLIST Bid Proposal Checklist x x x x Bid Proposal Form x x x x Addendas Acknowledged x x No #3 x Cert-Wage Pymt. Compliance x x x x Contractor Info x x x x Bid Qualifications x x x x Bid Bond x x x x Reps & Certs x x x x 2/21/2020 P:\Public Works\Capital Projects\Street Projects\0305 - Centerplace Roof Repair\Bid Information\Bid Tab\0305-CenterPlaceRoof-BidTab CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 14, 2020 Department Director Approval: El Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Grant Opportunity & Partnership: Department of Commerce's Electrification of Transportation Systems (ETS) GOVERNING LEGISLATION: RCW 35.77.010: Six -Year Transportation Improvement Program PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: Spokane Regional Transportation Council (SRTC) and Avista Corp. intend to apply for the Department of Commerce's Electrification of Transportation Systems grant under a single, regional application and have requested participation from the City of Spokane Valley. The application would include project elements benefitting the City of Spokane Valley, Spokane County, the City of Spokane, the City of Cheney, the City of Airway Heights, Spokane International Airport, Washington State Dept. of Transportation, Avista and possibly other local agencies within Spokane County limits. While the City of Spokane Valley is eligible as a standalone applicant, the intent is to leverage a regional application benefitting multiple agencies. The Washington state Department of Commerce (DOC) issued a call for projects in February 2020 for the ETS program that provides for electric vehicle supply equipment (EVSE). The ETS grant program is designed to promote the continued transformation of the electric transportation market in Washington State. This program provides grants to local governments and retail electric utilities for infrastructure to charge electric vehicles. The funding comes from a combination of the Washington State Capital Budget (state funds) and U.S. Department of Energy American Recovery and Reinvestment Act (federal funds). Total Available Program Funds: Award Range (Min -Max): Match Amount (Min -Max): Application Due Date: Application Award Date: Start Work Date (if awarded): Contract Completion Date: $10.67 million statewide $25,000 - $2,500,000 10% - 50% (Avista to provide match) June 1, 2020 December 9, 2020 No later than April 1, 2021 March 31, 2023 (2 years) Applicants are eligible for a 10% match if the median household income is less than $57,234 (City is $49,510) and if the Department of Health's Environmental Health Disparities ranking is 8 or greater (City is 8 at City Hall and CenterPlace). Generally, Avista is able to provide matching funds on behalf of the local agencies included in the grant, limiting the financial commitment from local governments. Because it'll be a regional request, the grant will include a 50% match. Avista has created a draft regional Transportation Electrification Plan based on a four-year pilot study that evaluated the region's needs, program methodology, costs, and benefits. With this plan, they intend to pursue electrification improvements throughout the region. Avista's five-year improvement plan includes two to four million dollars each year for EVSE improvements. These annual funds can be applied as matching funds for this funding opportunity. What does this mean for Spokane Valley? The City would provide proposed EVSE quantities and locations to SRTC for inclusion into SRTC's regional application. If successful, SRTC would generate an agreement, likely a Memorandum of Understanding (MOU), with each agency defining the management of the award and delivery of the improvements. Each agency would be responsible for delivering their respective projects, however, the various agencies will likely work together to streamline the process. Most likely, agreements will allow Avista the authority to manage all installations. Proposed locations for EVSE improvements within the City of Spokane Valley are City Hall and CenterPlace. Tables 1 and 2 compare the proposed EVSE stations and the different factors associated with site location. "DC" charging stations are Direct Current and "AC" stations are Alternating Current. DC stations have a higher capacity and are best utilized in high -volume locations, however, they also have higher costs and take longer to recover installation and operating costs. For the potential DC station at City Hall, power would be provided by the nearest three-phase power supply from Modern Electric's transmission lines and routed directly to a new transformer installed on City Hall property with its own consumption meter. For AC stations, power will be provided by the existing site power sources and then routed to the charging stations. Table 1. Charging Station Costs (per "each" station) Type Charge Time Annual O&M Max. Est. Installed Cost 10% Match 50% Match DC 30 minutes $ 1,550 $ 150,000 $ 15,000 $ 75,000 AC 90 minutes $ 600 $ 15,000 $ 1,500 $ 7,500 Table 2. Proposed Charging Site Locations Location Rec'd Type Electric Purveyor Match Source? Rec'd # Units City Hall AC or DC Modern Avista/City 1 of each CenterPlace AC Avista Avista 2 All stations will be equipped with "networking" capabilities to allow credit card transactions and cellular data sharing. If consumption fees are to be collected, the City will be responsible for setting the charged unit rate for power provided at the station. All of these transactions would be the responsibility of the City. If successful with the grant, additional coordination with Avista and/or Modern Electric will be required in order to set the billed rate for the charging station(s). OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Council consensus that staff coordinate with SRTC for the submittal of Electrification of Transportation Systems grant opportunity. BUDGET/FINANCIAL IMPACTS: The SRTC application intends to propose a 50% match towards the total project cost and will assume that Avista provides all matching funds. If, by unforeseen circumstances, the City is responsible for providing the 50% matching funds, the City's maximum anticipated match amounts are shown in Table 3. Most likely, the City will have zero matching responsibility. The maximum anticipated financial impact is $97,500 (Table 3: Site Option la + 2). Further, the City would be responsible for ongoing annual maintenance and operation costs identified in Table 1. Assuming Table 3 Site Option 1 a + 2, the total annual O&M is $3,350 ($600 x 3 AC chargers + $1,550 x 1 DC charger). Table 3. Charging Stations Anticipated Max. City Match Site # Location Type Total Estimated Cost 50% City Match 1a City Hall 1 DC + 1 AC $150,000 + $15,000 = $165,000 $82,500 1 b City Hall 2 AC 2 x $15,000 = $30,000 $15,000 2 CenterPlace 2 AC 2 x $15,000 = $30,000 $15,000 STAFF CONTACT: Adam Jackson, PE — Planning & Grants Engineer ATTACHMENTS: None To: From: Re: DRAFT ADVANCE AGENDA as of April 9, 2020; 8:30 a.m. Please note this is a work in progress; items are tentative Council & Staff City Clerk, by direction of City Manager Draft Schedule for Upcoming Council Meetings April 21, 2020, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick April 28, 2020, Formal Meeting Format, 6:00 p.m. (Proclamation: Older Americans ' Month — not part of agenda) 1. Consent Agenda (claims, payroll, minutes) 2. Second Reading 20-005 Ordinance Street Vacation 2019-0005 — Bill Helbig 3. Resolution Adopting Spokane Co Hazard Mitigation Plan — Jenny Nickerson 4. Mayoral Appointment: Re -appoint Citizen to TPA — Mayor Wick 5. Motion Consideration: CDBG Requalification — Mike Basinger 6. Admin Report: Shoreline Master Plan Update Grant — Mike Basinger 7. Admin Report: RCO Grant Applications — Mike Stone 8. Admin Report: Advance Agenda — Mayor Wick May 5, 2020, Study Session, 6:00 p.m. 1. Six -Year Proposed TIP — Adam Jackson 2. Advance Agenda — Mayor Wick Mav 12, 2020, Formal Meeting Format, 6:00 p.m. (Proclamation: Lemonade Day — not part of agenda) 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Wick May 19 2020, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick Mav 26, 2020, Formal Meeting Format, 6:00 p.m. 1. PUBLIC HEARING: 2021-2026 TIP 2. Proposed Resolution Adopting 2021-2026 TIP — Adam Jackson 3. Consent Agenda (claims, payroll, minutes) 4. Admin Report: WSDOT Land Acquisition, Flora Road — Cary Driskell 5. Admin Report: Advance Agenda — Mayor Wick June 2, 2020, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick June 9, 2020, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Wick June 16, 2020, Special Meeting: 2021 Budget Workshop; 8:30 a.m. [due Tue April 14] (5 minutes) [due Tue April 211 (5 minutes) (10 minutes) (10 minutes) (5 minutes) (10 minutes) (10 minutes) (10 minutes) (5 minutes) [*estimated meeting 65 mins] [*estimated June 16, 2020, Study Session, 6:00 p.m. meeting cancelled due to budget workshop June 23, 2020, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) [due Tue April 28 (15 minutes) (5 minutes) [due Tue Mav 51 (5 minutes) (5 minutes) [due Tue May 12] (5 minutes) [due Tue Mav 191 (10 minutes) (5 minutes) (5 minutes) (10 minutes) (5 minutes) meeting 30 mins] [due Tue May 26] (5 minutes) [due Tue June 2] (5 minutes) (5 minutes) [due Tue June 9] [due Tue June 161 (5 minutes) Draft Advance Agenda 4/9/2020 1:57:03 PM Page 1 of 2 June 30, 2020, Study Session, 6:00 p.m. 1. Comp Plan Amendments - Mike Basinger 2. Advance Agenda — Mayor Wick July 7, 2020, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick July 14, 2020, Formal Meetin2 Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Wick July 21, 2020, Study Session, 6:00 p.m. 1. Advance Agenda July 28, 2020, Formal Meetin2 Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Wick *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Aging & Long Term Care Update Appleway Trail Amenities Art Sculptures Placements Artwork & Metal Boxes CenterPlace Roof Replacement Bid Award Comp Plan Ord (7-14, 7-28 ordinance readings) Donation Recognition Fee Resolution Cost of Service Analysis Flashing Beacons/School Signage Graffiti Health District Re SV Stats Human Rights Task Force Appt Mirabeau Park Forestry Mgmt. Naming City Facilities Protocol Park Lighting PFD Presentation SPEC Report/Update St. Illumination (owners, cost, location) St. O&M Pavement Preservation Trunk or Treat Utility Facilities in ROW Vaping Water Districts & Green Space Way Finding Signs [due Tue June 231 (20 minutes) (5 minutes) [due Tue June 30] (5 minutes) [due Tue July 71 (5 minutes) (5 minutes) [due Tue July 14[ [due Tue Jun (5 minutes) Draft Advance Agenda 4/9/2020 1:57:03 PM Page 2 of 2