Loading...
2021, 08-17 Study SessionAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Tuesday, August 17, 2021 6:00 p.m. Remotely via ZOOM Meeting and In person at Council Chambers, 10210 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting NOTE: In response to Governor Inslee's announcement reopening Washington under the "Washington Ready" plan, members of the public may attend Spokane Valley Council meetings in -person at City Hall at the address provided above, or via Zoom at the link below. Members of the public will be allowed to comment in -person or via Zoom as described below. Public comments will only be accepted for those items noted on the agenda as "public comment opportunity." If wishing to make a comment via Zoom, comments must be received by 4:00 pm the day of the meeting. Otherwise, comments will be taken in -person at the meeting in Council Chambers, as noted on the agenda below. • Sign up to Provide Oral Public Comment at the Meeting via Calling -In • Submit Written Public Comment Prior to the Meeting • Join the Zoom WEB Meeting CALL TO ORDER ROLL CALL APPROVAL OF AGENDA ACTION ITEM: 1. Motion Consideration: Interlocal Agreement Fire District 8, Ponderosa Park Property — Cary Driskell [public comment opportunity] NON -ACTION ITEMS: 2. Balfour Park Design Update - John Bottelli 3. Complete Streets - Adam Jackson 4. State Legislative Impacts on Law Enforcement - Chief Ellis 5. Council 2022 Budget Goals - Mark Calhoun 6. Advance Agenda - Mayor Wick 7. Council Comments - Mayor Wick 8. City Manager Comments - Mark Calhoun ADJOURN Council Agenda August 17, 2021 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 17, 2021 Department Director Approval: Check all that apply: ❑ information ❑ administrative report n public hearing n consent ® new business n old business AGENDA ITEM TITLE: Motion Consideration — Interlocal agreement with Fire District 8 — Ponderosa park property. APPLICABLE LAW: Chapter 39.33 RCW; chapter 52.12 RCW. PREVIOUS COUNCIL ACTION TAKEN: May 11, 2021 Council motion to approve acquisition of 17.7 acres of vacant property from Central Valley School District (CVSD); August 10, 2021 administrative report. BACKGROUND: On June 16, 2021, the City completed the acquisition of approximately 17.7 acres of vacant property from CVSD located adjacent to the corner of 44th Avenue and Bates Road in the Ponderosa area. The City intends to use the property for park purposes. In discussions with CVSD prior to that acquisition, the City learned that Fire District 8 was also interested in purchasing a portion of the property to construct a new fire station. Fire District 8 currently has a station across Bates Road from this property, but desires to build a new, larger facility that better meets its needs, including some training. The attached draft interlocal agreement would start the process for the City to sell approximately three acres at the corner of 44th Avenue and Bates Road to Fire District 8 for that purpose. Fire District 8 needs to obtain funding to construct at the new site, and this agreement sets out a timeline for this to occur, the later of June 1, 2028 or within 180 days of execution of an agreed Joint Site Development Plan. In the event Fire District 8 fails to obtain funding by that time, the City would re -purchase the property at the same price, and the agreement would terminate. Alternatively, the parties could mutually agree to extend the date for performance if each party determines that doing so is in their best interest at that time. The agreement would initially require Fire District 8 to purchase three acres at $266,949.15 ($88,983.05 per acre), plus a pro rata share of the purchase costs incurred by the City. These included title insurance and recording fees ($4,827.51), and a Phase I Environmental assessment ($3,499.28), and their pro rata share of these costs would be $1,411.32 for a total estimated acquisition cost of $268,360.47, although this amount may change slightly before closing. The parties are required to engage in a joint site development study to better understand each parry's actual needs for the property and, based on that study, the parties may adjust the actual size of the acquisition by engaging in a subsequent transaction under the same terms to either add or remove property as needed. For example, the parties may determine they can share parking in some fashion and thus reduce the amount of land required by Fire District 8. If Council approves execution of this agreement, staff will work with Fire District 8 to accomplish the necessary tasks to bring this to completion. The Board for Fire District 8 approved this Agreement on August 10, 2021. OPTIONS: (1) Approve the proposed Interlocal Agreement; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: I move we approve the Interlocal Agreement for Acquisition of Real Estate with Fire District 8, and authorize the City Manager to finalize and execute any paperwork necessary to accomplish the same. BUDGET/FINANCIAL IMPACTS: The City would receive sale proceeds of $268,360.47 ($266,949.15 for the land and $1,411.32 for closing costs and expenses) from Fire District 8. Because the interlocal states that the City will repurchase the land at the purchase price if Fire District 8 is unsuccessful in developing the property, the total proceeds from the sale of the three acres of land to Fire District 8 in the anticipated amount of $268,360.47 will be held by the City in the Civic Facilities Capital Projects Fund #310. STAFF CONTACT: Cary Driskell, City Attorney. ATTACHMENTS: Proposed Interlocal Agreement between the City and Fire District 8. Draft INTERLOCAL AGREEMENT FOR ACQUISITION OF REAL ESTATE BETWEEN THE CITY OF SPOKANE VALLEY AND SPOKANE COUNTY FIRE DISTRICT 8 This Agreement is made by and between the City of Spokane Valley ("City") and Spokane County Fire District 8, a Washington municipal corporation ("Fire District") collectively referred to herein as the "Parties." The Agreement shall become effective as of the date the last Party executes this Agreement. WHEREAS, the City purchased 17.64 acres of real property at the southeast corner of 44th Avenue and Bates Road for park purposes, which is comprised of six parcels, Spokane County parcel numbers 44041.0102, 44041.0103, 44041.0104, 44041.9046, 44041.9048, and 99041.9007; and WHEREAS, the Fire District has identified a need for between three and four acres of the Property while the City needs the balance for park purposes; and WHEREAS, the Parties wish to enter into this Agreement for the purpose of agreeing to jointly develop the Property and to provide for dividing the Property between the City and the Fire District at a later date such that the interests of both Parties will be served; and WHEREAS, the Parties acknowledge there will be costs to construct frontage improvements directly related to the anticipated development activity of the respective Parties, and that the Parties need to apportion those costs between themselves; and WHEREAS, pursuant to RCW 36.34.340, the City is authorized to acquire by purchase title to real property for park and recreational purposes; and WHEREAS, pursuant to RCW 52.12.021 and 52.12.031, the District is authorized to acquire real property and to enter into this agreement; and WHEREAS, RCW 39.33.010 authorizes governmental entities to transfer real property between themselves as set forth in RCW 39.33.020, and WHEREAS, RCW 39.34.030(1) provides that any power or authority capable of being exercised by a public agency of this state may be exercised jointly with any other public agency of this state. NOW THEREFORE, based upon the foregoing recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. Joint Board. No joint board or agency shall be created as a result of this Agreement between the Parties. Any action taken pursuant to the terms of this Agreement must be separately approved by the governing boards of each Party. Interlocal Agreement with Fire District 8 - Acquisition of Real Estate Page 1 of 5 Draft 2. Ownership of Property. The City owns approximately 17.64 acres which was recently purchased from CVSD. 3. Purchase Price. The Fire District shall pay to the City an amount equal to the per square foot purchase price of the property based upon the total number of square feet of the property determined by the survey times three acres (130,680 sq. ft.), together with the same proportionate share of any appraisal, survey, title, recording, closing, and phase I environmental audit costs. The per acre cost is $88,983.05, with three acres costing $266,949.15. The Fire District's pro rata share of the closing and environmental assessment costs for three acres is $1,411.32. Both parties acknowledge that actual costs may vary slightly, and agree to adjust the purchase price accordingly. Neither Party is represented by a realtor. 4. Title. The Parties agree this contract right of ownership is enforceable in an action for specific performance. 5. Closing. The City and the Fire District shall work in good faith to determine a closing date. 6. Joint Site Development Plan. Within two years following the closing, the Parties shall work together to mutually draft and finalize a Joint Site Development Plan with the goal of agreeing, among other things, on how much of the property the Fire District will require for its purposes, and location of the same (presumed to be adjacent to the intersection of 44th Avenue and Bates Road). The Parties intend that the Joint Site Development Plan shall include building footprints, parking, curb cuts, sidewalks, storm water management, access including reciprocal access and parking easements if any, and any other matters that the Parties deem desirable to be included as part of such Joint Site Development Plan. The Fire District anticipates that its needs will include a building of approximately 10,000 square feet, along with outside space generally suitable for fire suppression training purposes and storage associated with a fire station. The City anticipates that its needs will include land for a park and related civic uses, including parking. Fundamental to the understanding between the Parties is that as of the date of execution of this Agreement, neither Party is in a position to know precisely how the property should be divided such that the resulting parcels will maximize the use and benefit to each Party of the property for the Parties' respective needs to the extent allowed by law. To that end, the Parties agree that the number of square of feet and the precise location of the boundary line to be created cannot be known until completion of the Joint Site Development Plan. The Parties therefore agree to cooperate in good faith with each other to arrive at a mutually satisfactory arrangement for dividing the property as reflected in the Joint Site Development Plan. Any costs relating to development of the Joint Site Development Plan shall be split equally by the City and the Fire District. Allocation of costs for a traffic study that addresses impacts of anticipated development will be the subject of a separate Memorandum of Understanding between the Parties. A traffic study is Interlocal Agreement with Fire District 8 - Acquisition of Real Estate Page 2 of 5 Draft anticipated to identify certain right-of-way improvements or site -wide improvements (collectively referred to as "frontage improvements") that are necessary for the respective proposed projects. The Parties agree to split the frontage improvements anticipated to be identified in the traffic study on a pro rata basis relative to the amount of frontage along Bates Road and 44th Avenue. Allocation of additional costs for any other frontage improvements that are necessitated by or otherwise determined as part of the Joint Site Development Plan will be as agreed by the Parties within 30 days of completion of the Joint Site Development Plan. The Parties will negotiate the allocation of any such additional frontage improvement costs in good faith. 7. Property Adjustment. If, as a result of the Joint Site Development Plan process the Fire District determines that it needs more or less than three acres, then the Parties agree that they will take any steps necessary to transfer Property at the original per square foot purchase price. The Fire District may acquire up to one additional acre of the Property for a total of four acres. Payment to the City by the Fire District of any additional property shall be made on or before recording of the deed described in Section 8 below. Any costs incurred for the boundary line adjustment process, and any surveying fees and fees for preparation and recording of the deed shall be paid for by the Fire District. Any legal fees incurred by the Parties shall be the separate responsibility of each. 8. Deed to Fire District. Within 45 days after completion of the Joint Site Development Plan, the Parties will cooperate to initiate the process to adjust the boundary line as agreed in the Joint Site Development Plan through a boundary line adjustment. Within 20 days of the completion of the boundary line adjustment, the City will convey to the Fire District by statutory warranty deed that portion of the property designated for the Fire District on the Joint Site Development Plan to the Fire District. 9. Failure of Joint Site Development Plan. In the event that, despite their good faith best efforts, the Parties are unable to agree on a Joint Site Development Plan as described above, and absent an agreement between the Parties to extend the deadline for developing such Joint Site Development Plan, then City shall, within 90 days after the final deadline for developing the Joint Site Development Plan, reimburse the Fire District the full amount of that portion of the purchase price together with the pro-rata share of any survey, title, recording, closing, and phase I environmental audit costs paid by the Fire District and from that point in time this, Agreement would be considered void. Each Party shall pay one-half of the costs of the Joint Site Development Plan if the project does not go forward, either due to failure to agree on a Joint Site Development Plan or because the Fire District does not obtain sufficient financing as set forth in Section 10. 10. Fire District Financing/Re-Purchase by City. In order to construct a fire department building and ancillary improvements on the portion of the property acquired by the Fire District, the Fire District will need to secure outside funding. The Parties agree that in the event the Fire District has not, by the later of June 1, 2028 or 180 days following execution of an agreed Joint Development Site Plan, secured necessary funding to design and construct the building and ancillary improvements on the property in such amounts as shall be determined necessary by the Fire District, that thereafter the Fire District shall reconvey all of the property back to the City at the same price paid by the Fire District to the City with payment by the City to be in cash. The Interlocal Agreement with Fire District 8 - Acquisition of Real Estate Page 3 of 5 Draft Fire District, in such event, shall convey title to the City with the same type of instrument as it received the property from the City, and from that point in time this agreement would be considered void. Once full funding is achieved, the Fire District shall commence construction within two years. 11. Maintenance Costs. The City agrees to maintain the property, including that portion deeded to the Fire District, until such time as the Fire District shall begin development of its property. Maintenance is anticipated to include weed control and trash removal, and the Fire District agrees to reimburse the City on an annual basis its square footage based proportionate share of such costs. 12. Use of Property. The City agrees that its portion of the property will be dedicated to public use and will not be sold to any third party. The Fire District agrees that its portion of the property will be developed into a fire department facility, provided that funding for such project is secured pursuant to Section 10. The City, at its expense, will be allowed to use the entire site for civic purposes until the Fire District provides the City with a notice that the Fire District will commence construction activities in 60 days. The City agrees to hold harmless and indemnify the Fire District from and against all claims, causes of action, and damages arising out of the City's use of the property for any such civic purposes. 13. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, personal representatives, legal representative, agents, attorneys, successors and assigns. 14. Entire Agreement. This Agreement is the sole and entire agreement between the Parties, and there is no other agreement, either oral or in writing, which modifies the terms of this Agreement. No statement, promises, or inducements made by either Party or any agent of either Party that is not contained in this written Agreement shall be valid or binding. Any enlargement, modification or alteration of this Agreement is binding only if executed in writing and signed by all Parties hereto. 15. Attorneys' Fees. In any action to enforce this Agreement, the prevailing Party shall be entitled to recover expenses, including reasonable attorneys' fees, at all trial and appellate levels, including any bankruptcy proceedings. 16. Venue. This Agreement is entered into in the State of Washington and venue of any action shall be the Superior Court for Spokane County. 17. Notices. All notices, demands or other communications which are required or permitted to be given under this Agreement shall be in writing, and either personally delivered or mailed to the other Party at the address set forth below its signature on this Agreement, or at such other addresses as either party may give to the other by notice in writing pursuant to the terms of this paragraph. Interlocal Agreement with Fire District 8 - Acquisition of Real Estate Page 4 of 5 Draft 18. Waiver. Waiver by either Party of any covenant, condition or provision of this Agreement shall not operate as or be considered to be a waiver by such Party of any other covenant, condition or provision hereof, or of any subsequent breach of either Party. 19. Additional Acts. The Parties each hereby agree to perform, execute and/or deliver or cause to be performed, executed and/or delivered, any and all such further acts, documents and assurances as may be reasonably required to consummate the transaction contemplated hereby. 20. Posting of Agreement. Pursuant to the provisions of RCW 39.34.040, this Interlocal Agreement shall be posted on the City's website for public access. 21. Negotiation and Construction. This Agreement, and each of the terms and provisions hereof, are deemed to have been explicitly negotiated between the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either Party. 22. Representation of Authority. Each person who executes this Agreement represents and warrants to the Parties that he or she has the authority to do so. Dated: Dated: CITY OF SPOKANE VALLEY SPOKANE COUNTY FIRE DISTRICT 8 Mark Calhoun, City Manager 10210 East Sprague Spokane Valley, WA 99206 PO Box 345 12100 East Palouse Highway Valleyford, WA 99036-0345 Interlocal Agreement with Fire District 8 - Acquisition of Real Estate Page 5 of 5 Meeting Date: CITY OF SPOKANE VALLEY Request for Council Action August 17, 2021 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: Admin. Report — Balfour Park Expansion design update GOVERNING LEGISLATION: n/a PREVIOUS COUNCIL ACTION TAKEN: • 08/28/2007 • 09/11/2012 • 09/25/2012 • 10/29/2013 • 12/17/2013 • 11/12/2019 • 01/26/2021 • 02/02/2021 • 02/09/2021 • 07/06/2021 • 07/27/2021 Admin Report; Approval for Feasibility Study for Balfour Park Administration Report - Spokane County Library District (SCLD) Interlocal Agreement Passed motion to authorize execution of SCLD Interlocal Agreement Passed motion to accept Balfour Park / Library Conceptual plan Passed motion to adopt the Park & Rec Master Plan 2013 Update Passed motion to adopt Park & Rec Master Plan 2019 Update Administration Report - SCLD Update by Director Patrick Roewe Administration Report - SCLD Interlocal Agreement Proposed Amendment Passed motion to amend SCLD Interlocal Agreement Passed motion to authorize AHBL Park Design Agreement Administration Report — SCLD Library Design Update BACKGROUND: The City entered into an Interlocal Agreement with the SCLD in 2012 shortly after the City purchased 8.4 acres of property from Pring Corporation, in anticipation of SCLD constructing and operating a new central library facility within Spokane Valley. The City sold a total of 2.82 acres to SCLD for construction of a new library, which was anticipated to occur within a five year period. In 2017, the Interlocal Agreement timeframe for completion was extended from 2017 to 2022, with a possible additional extension to October 2024. SCLD submitted a bond proposal to the voters in 2013 and 2014, both of which failed to reach the required 60% approval threshold to pass. Recently, SCLD identified alternative funding options without necessitating a voted bond. Construction of the new library is anticipated for 2022. On July 6, 2021, Council authorized the City Manager to execute a contract with AHBL, Inc. (AHBL) for design services of the Balfour Park Expansion. AHBL is currently advancing the park design to 30%, including all of the architectural park elements identified in the adopted Master Plan. These elements consist of an events plaza, signature playground, splash pad and restroom, picnic shelter, sports courts, veterans' memorial, and amphitheater. Also included is a walking/interpretive trail. AHBL will provide an update to Council on their progress in the design process. Additionally, AHBL and City Staff held a Community Workshop at City Hall on August 5th to help prioritize the elements from the adopted Master Plan. Approximately 40 community members attended the open house and AHBL/City Staff collected good information to help guide the design going forward. AHBL will provide an overview to Council of public input received. An online version of the same workshop has been made available to gather additional input from the public over the next few weeks. City Staff requested AHBL prepare a cost estimate for what could be Phase 1 — Park Infrastructure — to include utilities, grading, park pathways, parking lots, and landscaping. Subsequent phases would include additional park elements from the master plan, prioritized in part based on budgetary constraints and as well as public input garnered through the August 5th community workshop and the ongoing online survey. The next step is for AHBL to advance the design to approximately 50% complete by around mid -September, and return to Council for approval of the final Park Concept Plan. The contract deliverables include 30% design of the architectural structures in the park and a 90% design set for the rest of the park in preparation for bidding in February 2022, should funding be made available for construction. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: Discussion Only. BUDGET/FINANCIAL IMPACTS: Phase 1 — Park Infrastructure — is estimated to cost $3.5M. Presently, money earmarked for Balfour Park in Capital Reserve Fund #312, less the AHBL design contract, is approximately $1.5M. Additional amount needed for Phase 1 construction: approximately $2M. STAFF CONTACT: John Bottelli, Parks Director ATTACHMENTS: PowerPoint Presentation Balfour Park y °MOO City Council Update • 08/17/2021 1 ft VOTE WITH YOUR BALFOUR BUCKS itHeaterI PUBLIC PRIORITIZATION WORKSHOP AGENDA 01 Prioritization Workshop —August 5, 2021 02 Workshop Results 03 Infrastructure Budget 04 Questions Spokane ,••••1;Valley° 0 133 PREVAI La,. WING DIRECTION 0 posed parking / l: Sue Avenue CitY Han J M112) BaQ1CK CRC:3SSIN G mow. Sprasue Avenue iVal ey MMUS PROPOSED LIBRARY Interpretive Trail MAIN AVENUE Restrooms & Picnic Shelter M1 ;; Veterans' Memorial Events Playa CITY HALL Open Space OUR PARK EXPANSION Balfour Park offers a unique opportunity to create a destination public space for the Spokane Valley community which facili- tates better access to civic, educational, and recreational programs. City parks like Balfour that combine with services like li- braries serve as centers of their community and provide a wide range of recreational outlets and support local programs. Parks are increasingly playing a key role in providing resources and support to fam- ilies with access to green spaces. Parks of all sizes are seeing record attendance. Meanwhile, municipalities must navigate shrinking budgets to build and maintain parks. By voting with your Balfour Bucks you will help the City of Spokane Valley determine which elements of the park they should build first with available funds. SIGNATURE PLAYGROUND EST. CO57: 5600,000 - 41,100,000 Balfour Poes signature playground) ktould bean t-rndr���al- L.t.=�:._ -n tower with ,; he hlendne r _I — e•r Plumy of si rlftk: c'oukI b urouvicx111 rruurJl iuut tlio playground as well. ttlUBLIC PRIORITIZATION WORKSHOP MOB AMPHITHEATER EST, COST. $900,000 - $1,100,000 ame P. artya,thelien Could oe a C. or C- the Litn my a .ie an phrttz.3fe' for aght.-p any siadad to power eekera hands, pare move nights, and even rlariy yoga sessrons_ PUBLIC PRIORITIZATION WORKSHOP ALFOUR PARK EXPANSION Spokane' .0•1rvalley. CI woo SPORT COURTS EST. COST $300.000 - 500,000 matno N% Sport Courts Four plckleball courts. two half basketball courts, and one lull size court could provide plenty of ac- tive sport opportunities in Balfour Park_ Sfaane ©oo SPLASH PAD + RESTROOM EST. COST $900,000 - Si 100000 0 AFC NySI Splash Pad j Rcstroora JI Balfour Park's sp€ash pacl mild he a key attraction for the parkThe Ctrys "Heart o+ the Valley' art- work might give deer union to the splash pad and could be integrated into the design, Special light- ing might activate the pad after dark and during winter months. Splash pads are required to have nearby restroorns, so those would be built along with the pad to some the park, flLIC PRIORITIZATION WORKSHOP LFOUR PARK EXPANSION Spokane . Valley. 0©D0 EVENTS PLAZA EST. COST $300000 - 500000 �. Hwy Gz4 FP . Easily visible from Sprague and City Hall, the Events Plaza would be the kickotl point for City-wide events like parades and Valleyfest in the summer, and the Christmas tree lighting ceremony in the winter. An overhead canopy could provide shade and act es the park monument sign. Sfaane .03Valiey CI©oo r'shatsb 9 O'N,r9WORKSHOP FOUR PARK EXPANSION PICNIC SHELTER EST. COST 5200 000 - 300,060 iraczo Ntysty >Ra Picnic Shelter Builttn [he same architectural style as the Library, amphitheater and restrooms, the park picnic shel- ter will support uvents up to 150 users. The shot ter may be built as an extension of the restrooms or contain starayc for park equipment. PUBLIC PRIORITIZATION WORKSHO'°', LFOUR PARK EXPANSION Spokane �walleyD©D0 VETERANS` MEMORIAL EST. COST $100 000 - 200,000 Iwo i Veterans' Memorial Balfour Park's Veterans' Memorial will honor the sacrifices made by veterans of all communities and celebrate the power of lifting each other up in times of need. SOOkalle.\*`' .00VaI ley CUOMO • AL,r, GAVE SOME — SOME: GAVE ATT. PUBLIC PRIORITIZATION WORKSHOP LFOUR PARK EXPANSION WALKING / INTERPRETIVE TRAIL EST. COST. 5100,000 Leading from the Library will be a children's na- ture experience trail. The troll will wrap around the south side of the library creating a complete loop around the bolding. The trail will allow pedestri- ans to discover native plants and animals found in Spokane Valley and bean integral part of a larger "Plants and Animals of the Valley" looped walk- ing path threaded throughout the park. SMIcane CI©oo Pinus parvifiora 'Glauca Nana' Dwethlapanese White Pine 0 I:1 PUBLIC PRIORITIZATION WORKSHOP ,. LFOUR PARK EXPANSION Spokane 400.0Valley DWDO Workshop Results • Dot Exercise 160 140 120 100 80 60 40 20 0 136 RANKING (TOTAL POINTS) 98 98 97 89 87 78 63 1 • �a 'k aXI�� .te� e ooQ\�e �`oo��o5r S �r 4 Go�o�o ProQ\`'Q\�46"as\c' 5 p .Malley EVENTS PLAZA isible from Sprague and City Hall, the Events mould be the kickoff point for City-wide like parades and Valleyfest in the summer, e Christmas tree Fighting ceremony in the An overhead canopy could provide shade and act as the park monument sign. Workshop Results • Balfour Bucks 18 16 14 12 10 8 6 4 2 0 N Q E SpiIk7 /V�1�1(gLn .Valleys Splash Pad + Restroom COO O 0 0_ Signature Playground # of Deposits Picnic Shelter Interpretive Trail Veterans Memorial 0 100, 000 oo° ©SOD 5ALFpt� i off; npife 4 Wit 14. Am ph ith eater Comments safety ickelball radcs ()62' .s enc"euign shade USir `a�i restroom skateboa playground ��splashen`pad! 6" food bikesr,"P C•p• 2 food trucks Spokane .0000Valley" D©00 Budget • Infrastructure, Pathways, Parking Lots, and Landscaping $3,500,000 $1,500,000 Already Set Aside $2,000,000 Additional Funds Needed • Priority Elements $3,300,000 — 4,800,000* *before design fees and contingencies Spokan0,1\6, A Amphitheater Signature Playground Interpretive Trail Veterans' Memorial Events Plaza Questions? Spokane .Valley,. 0©oo CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 17, 2021 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: Administrative Report: Complete Streets Program GOVERNING LEGISLATION: RCW 47.04.320, RCW 35.77.010 PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: The City's Comprehensive Plan considers long-term goals that accommodate all users of the transportation system (non -motorized and motorized) and uses the City's adopted Street Standards to help achieve those goals. The Comprehensive Plan includes the following relevant Goals (G), Policies (P), and Strategy: • T-G5 Maintain and enhance a comprehensive multimodal transportation system that promotes, supports, and improves the safe, efficient, and reliable movement of people, vehicles, and goods • T-P2 Consider neighborhood traffic and livability conditions and address potential adverse impacts of public and private projects during the planning, designing, permitting, and construction phases • T-P9 Provide and maintain quality street, sidewalk, and shared -use path surfaces that provide a safe environment for all users • T-P13 Evaluate opportunities to improve multimodal connectivity in all transportation planning projects • T-P17 Use transportation demand management techniques and technologies to move people, vehicles, and goods safely and efficiently throughout the City's transportation system • Strategy - Evaluate and consider amendments to the municipal code that enhance grant eligibility for projects that improve safety and accessibility The Street Standards have a variety of objectives (Section 1.3.2), including: • Providing a safe and efficient transportation system that satisfies the Comprehensive Plan • Ensuring the primary uses of public right-of-way is for bike, pedestrian and vehicular travel • Optimize the use of limited physical capacity of public rights -of -way Further, the Streets Standards require projects to provide the full build -out of a street, including: • Two or more paved vehicle travel lanes (12' wide min.) • Concrete curb and gutter • Bicycle lanes (if designated) • Concrete sidewalk • Stormwater facilities Parallel to the elements listed above and outlined in the City's Comprehensive Plan, RCW 47.04.320 — Complete Streets Grant Program encourages local governments to adopt street ordinances designed to provide safe access to all users, including bicyclists, pedestrians, motorists, and public transportation users. The adopted ordinance can be tailored to meet the needs, goals and context of each community, and allows local governments the flexibility to deviate from their standards to better provide transportation facilities for users. A complete streets ordinance formally recognizes a local government's commitment to provide safe, practical, and equitable transportation improvements for all its users. The ordinance also serves as an eligibility tool for state and federal funding programs that look to maximize their program's impact across all transportation users (non -motorized and motorized). How does this affect Spokane Valley? The Community and Public Works Department already considers complete streets best practices when developing capital improvement projects. However, without an adopted complete streets ordinance, the City is not eligible for or does not score as well when competing for state or federal grants. As an example, federal funding requests offered through Spokane Regional Transportation Council may score additional points if the applicant has adopted a complete streets policy. The Transportation Improvement Board's (TIB) Complete Streets program is only eligible to agencies with an adopted complete streets ordinance. Generally, this TIB program is most frequently used to fund sidewalk infill or curb ramp retrofit projects. The City is not eligible for this funding program without a complete streets ordinance. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Council consensus for staff to develop a draft Complete Streets Ordinance and to evaluate applications for funding through TIB's Complete Streets Program. Staff would return to Council with an administrative report covering the potential funding opportunity and the draft ordinance. BUDGET/FINANCIAL IMPACTS: None at this time. With respect to capital improvement grant applications, applicants submitting to state and federal funding programs often score higher and are more likely to receive funding if they have an adopted complete streets ordinance. The current TIB complete streets program call for projects is a 100% award and requires zero match from applicants. STAFF CONTACT: Adam Jackson, Engineer — Planning & Grants ATTACHMENTS: None CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 17, 2021 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: 2021 Legislative Impacts on Law Enforcement GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Police Chief Ellis will discuss how some of the more recent bills will impact law enforcement. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: n/a STAFF CONTACT: ATTACHMENTS: PowerPoint Spokane Valley Police Department: 2021 Legislative Impacts on Law Enforcement SPOKANE VALLEY CITY HA Li_ • Spok ane 'Ca L& flc (Department °�1e A'. MSHC Accredited Agerity srraec zvr Overview • HB 1054 —Tactics • HB 1310 — Use of Force ''SB 5051— Decertification HB 1267—Office of Independent Investigations 'State v Blake • HB 1223 — Electronic Recordation of Custodial Interrogations HB 1140 —Juvenile Access to Attorneys HB zo54 - Tactics Bans the use of `military equipment" • Defined as firearms or ammunition of .5o caliber or greater, machine guns, armed or armored drones, armed vessels, armed vehicles/aircraft, tanks, etc. • Would include shotguns, utilized for both lethal and non -lethal applications (bean bag rounds) • All equipment must be destroyed by 12/31/22 • All shotguns have been removed from SVPD deployment • Prohibits the use of tear gas except in three circumstances • Hostage situation • Barricaded subject • Harm posed by a riot • Prior to deploying tear gas for a riot, law enforcement must receive authorization from the highest elected official in the jurisdiction where it is being deployed • Highest elected official in a city is defined as the mayor, "regardless of whether the mayor is directly elected, selected by the council, or selected according to a process in an established city charter." • Announce intent to use tear gas, and allow sufficient time for subjects to comply HB so54 - Tactics • Prohibits the use of chokeholds or neck restraints in any circumstances • Significant difference between chokeholds and vascular neck restraints • SVPD has never authorized chokeholds, only vascular neck restraints • Prohibited even when the use of deadly force is authorized • Significant de-escalation tool eliminated • Prohibits no-knock warrants • Only used once in the last 25 years (for the safety of the victims involved) HB io54 - Tactics • Restricts vehicle pursuits • Reasonable suspicion versus probable cause • Only permitted for certain violent offenses (requires probable cause) • Does not allow for offenses like fourth degree assault -domestic violence, burglary, stolen vehicle, drug possession, trespassing • Vehicle pursuits permitted when an officer has reasonable suspicion of driving under the influence • Requires authorization to engage in the pursuit from a supervising officer II HB io54 - Tactics HB 1310 —Use of Force Authorizes law enforcement to use physical force when necessary to protect against criminal conduct where there is probable cause to make an arrest or prevent an escape • Also to protect against an imminent threat of bodily injury to the law enforcement officer, another person, or the person against whom force is being used • Higher threshold for calls involving mental subjects • Unclear how that impacts typical community care taking functions such as juvenile runaways or medical calls • Requires an officer exhaust available and appropriate de-escalation tactics prior to using any physical force, such as: • Time, distance, cover • Calling for additional resources, including back-up officers and/or crisis intervention teams or mental health professionals • Taking as much time as necessary, without using physical force or weapons • Leaving the area if there is no threat of imminent harm and no crime has been committed • When possible, use available less lethal alternatives before using deadly force • Make less lethal alternatives issued to the officer reasonably available for their use SB 5051 - Decertification • Establishes criteria for mandatoryWSCJTC de -certification of peace officers • WSCJTC may conduct investigations into allegations of improper conduct, independent of the employing agency/city • Requires law enforcement agencies to retain personnel records for the duration of the officer's employment plus a minimum of ten years thereafter • Requires that law enforcement personnel consent to and facilitate a review of the officer's personal social media accounts HB 1267 — Office of Independent Investigations • Creates the Office of Independent Investigations (011) within the Office of the Governor • Designates the 011 as the lead investigative body for any investigation it chooses to conduct under its jurisdiction • Requires that law enforcement immediately notify the 011 of any officer involved shooting, and potentially secure the scene if requested • Law enforcement agencies will need to maintain their own existing independent investigation teams in the event the 011 chooses to not handle an investigation • Requires the 011 Advisory Board to assess whether jurisdiction should be expanded to conduct investigations of other types of incidents involving law enforcement, including in -custody deaths, criminal wrongdoing/allegations HB 1223 —Recording of Custodial Interrogations • Requires that custodial interrogation of an adult for a felony offense, or a juvenile of any offense, be electronically recorded • Must be both audio and video in cells, jails, and law enforcement offices • Other locations must be by audio at a minimum • Law goes into effect on 1/1/22 • Partially addressed by council approving the use of bodycams in the spring of 2021 HB 1140 — Juvenile Access to Attorneys • Requires that juveniles (under the age of 18) be given access to an attorney for consultation prior to a juvenile waiving their rights during: • Custodial interrogation • Detains a juvenile based upon probable cause of involvement with a crime • Or requests that a juvenile consent to an evidentiary search • Law goes into effect on 1/1/22 alley SB 5055 — Grievance Arbitration Panels • Establishes a rotating pool of 9-18 law enforcement grievance arbitrators at the Public Employment Relations Commission (PERC) • Requires that all grievance arbitrations involving law enforcement personnel relating to disciplinary action, discharge, or termination be conducted through the PERC pool of law enforcement grievance arbitrators SB 5259 -Law Enforcement Data Collection • Creates a law enforcement use of force reporting system through the Attorney General's office • Establishes certain interactions for which use of force reporting is required • Data reporting will be required for all Washington law enforcement agencies SB 5476 — Response to State v. Blake • Previously possession of methamphetamine, heroin, cocaine, etc. were all arrestable felonies • Now law enforcement must refer suspects found in possession of controlled substances to drug assessment and services the first two times • On the third and subsequent offenses, it is a simple misdemeanor • Also shifts costs of incarceration to cities and counties Additional Considerations • Significant increase in required training for all personnel in numerous topics • Requires additional reporting demands • Requires additional staff for de-escalation tactics Spokane Valley Police Department's Measures Taken • Agency wide meeting • On-line training and tests • One day of dedicated in-service training • Hiring of part time criminal procedures subject matter expert • Working with Spokane County Prosecutor's Office for legal interpretation and guidance Questions? CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 17, 2021 Department Director Approval: El Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: 2022 Budget — Draft Council Goals GOVERNING LEGISLATION: n/a PREVIOUS COUNCIL ACTION TAKEN: During the 2022 Budget Workshop held on June 15, 2021, Council discussed a variety of topics including an update to Council goals. BACKGROUND: Each year the City prepares an annual budget, and in the 2022 Budget development cycle, Council will ultimately have an opportunity to discuss the 2022 Budget development on eight separate occasions beginning with the June 15, 2021 Budget Workshop and ending with the scheduled November 9, 2021 adoption of the 2022 Budget. As part of the process, each department establishes goals for the upcoming year. At the June 15, 2021 Budget workshop Council discussed the following goals: 1. Work with state and federal legislators towards advancing the concepts outlined in the Bridging the Valley study including obtaining financial assistance for the Pines, Sullivan, and Park Grade Separation Projects. 2. Actively pursue a plan to sustain the City's Pavement Management Program, to include sustained financing in Street Fund #101 and Pavement Preservation Fund #311. 3. Pursue state and federal financial assistance to address transportation concerns along the entire Barker Corridor. 4. Sustain and expand where possible, economic development efforts including the retention and expansion of existing businesses and recruitment of new businesses. Too, actively partner with local, state and national partners to support the economic and community recovery from the impact of the COVID-19 pandemic. 5. Continue to foster relationships with federal, state, county and local legislators. 6. Pursue financing for Balfour Park and Appleway Trail amenities, and continue the acquisition of park land. 7. Pursue financing for design and construction of connections between the Appleway Trail, Balfour Park, Dishman Hills, the Centennial Trail and Spokane Valley Riverloop Trail, creating where possible, a continuous loop for users. 8. Maximize the law enforcement contract to address staffing levels by enhancing recruiting efforts, minimizing out -of -service days, increasing retention, and taking steps to make the officer positions and the Spokane Valley Police Department increasingly appealing as a career path for those seeking to pursue a law enforcement career in Spokane Valley. 9. Increase community interactions, share information, and obtain feedback on current and future projects and priorities. 10. Prioritize involvement in public safety, in particular discussions regarding the jail and the criminal justice system, in order to maintain an understanding of options to keep our costs under control. OPTIONS: Council discretion. RECOMMENDED ACTION OR MOTION: Staff is seeking consensus from Council on whether the goals noted above are reflective of what Council collectively wishes to pursue in 2022 as well as include in the 2022 Budget document. BUDGET/FINANCIAL IMPACTS: This is one of the multitude of decisions that are part of the budget development process that will conclude with Council's scheduled November 9, 2021 adoption of the 2022 Budget. STAFF CONTACT: Mark Calhoun ATTACHMENTS: Red lined copy reflecting changes discussed at the June 15, 2021 Budget Workshop. City of Spokane Valley, WA 2022 City Council Goals 1. Work with state and federal legislators towards advancing the concepts outlined in the Bridging the Valley study including obtaining financial assistance for the Pines, Sullivan, and Park Grade Separation Projects. 2. Actively pursue a plan to sustain the City's Pavement ?anagementPreservation Program, to include sustained financing in Street Fund #101 and Pavement Preservation Fund #311. 3. Pursue state and federal financial assistance to address transportation concerns along the entire Barker Corridor. 4. Sustain and expand where possible, economic development efforts including the retention and expansion of existing businesses and recruitment of new businesses. Coo, actively { aiu�ur aviui iu ai �a�e ariu isuppurti ui and community recovery from the impact of the COVID-19 pandemic. 5. Continue to foster relationships with federal, state, county and local legislators. 6. Pursue financing for Balfour Park and Appleway Trail amenities, and continue the acquisition of park land. 7. Pursue financing for design and construction of connections between the Appleway Trail, Balfour Park, Dishman Hills -an4 the Centennial Trail ind Spokane Valley Riverloop Trail, creating where possible, a continuous loop for users. 8. Maximize the law enforcement contract to address staffing levels by enhancing recruiting efforts, minimizing out -of -service days, increasing retention, and taking steps to make the officer positions and the Spokane Valley Police Department increasingly appealing as a career path for those seeking to pursue a law enforcement career in Spokane Valley. 9. Increase community interactions, share information, and obtain feedback on current and future projects and priorities. 10. Prioritize involvement in public safety, in particular discussions regarding the jail and the criminal justice system, in order to maintain an understanding of options to keep our costs under control. To: From: Re: DRAFT ADVANCE AGENDA as of August 12, 2021; 10:00 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 Aug 24, 2021, Formal Meetin2, 6:00 p.m. [due Tue Aug 17] 1. PUBLIC HEARING: Interim Development Regulations — Erik Lamb, Mike Basinger, Arielle Anderson(20 mins) 2. Consent Agenda (claims, payroll, minutes) 3. Admin Report: 2022 Budget -Estimated Revenues & Expenditures — Chelsie Taylor 4. Admin Report: Potential & Pending Projects — Chelsie Taylor 5. Admin Report: Advance Agenda — Mayor Wick 6. Info Only: Department Monthly Reports Aug 31, 2021, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick Sept 7, 2021, Study Session, 6:00 p.m. Proclamation: National Recovery Month 1. 2021 Comp Plan Amendments — Chaz Bates 2. ARPA (American Rescue Plan Act) Update 3. Advance Agenda — Mayor Wick Sept 14, 2021, Formal Meeting, 6:00 p.m. Proclamation: Constitution Week- Sept 17-23 1. PUBLIC HEARING #1: 2022 Budget Revenues, Property Taxes — Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes, motion to set 2022 budget hearing to Oct 12) 3. Admin Report: Retail Strategies - Market Report — Chaz Bates 4. Admin Report: Advance Agenda — Mayor Wick (5 minutes) (10 minutes) (15 minutes) (5 minutes) [*estimated meeting: 55 mins] — Bill Helbig, Chelsie Taylor, Erik Lamb [due Tue Aug 24] (5 minutes) [due Tue Aug 31] (15 minutes) (20 minutes) (5 minutes) [*estimated meeting: 40 mins] [due Tue Sept 7] (10 minutes) (5 minutes) (20 minutes) (5 minutes) [*estimated meeting: 40 mins] Sept 21, 2021, Study Session, 6:00 p.m. 1. Proposed draft ordinance adopting 2022 property taxes — Chelsie Taylor 2. Outside Agencies Presentations — Chelsie Taylor 3. Advance Agenda — Mayor Wick [due Tue Sept 14] (10 minutes) (-120 minutes) (5 minutes [*estimated meeting: 135 mins] Sept 28, 2021, Formal Meetin2, 6:00 p.m. [due Tue Sept 21] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. First Reading Ordinance 21-Adopting 2021 Comp Plan Amendments — Chaz Bates (15 minutes) 3. First Reading Ordinance 21-Adopting 2021 Comp Plan Amendments, Zoning Map — Chaz Bates (15 mins) 4. Admin Report: Advance Agenda — Mayor Wick (5 minutes) 5. Info Only: Department Monthly Reports [*estimated meeting: 40 mins] Oct 5, 2021, Study Session, 6:00 p.m. 1. City Manager Presentation of 2022 Preliminary Budget — Mark Calhoun 2. Advance Agenda — Mayor Wick Oct 12, 2021, Formal Meetin2, 6:00 p.m. 1. PUBLIC HEARING #2: 2022 Budget — Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes) [due Tue Sept 28] (45 minutes) (5 minutes) [*estimated meeting: 50 mins] [due Tue Oct 5] (15 minutes) (5 minutes) Draft Advance Agenda 8/12/2021 2:03:31 PM Page 1 of 3 3. Second Reading Ordinance 21- Adopting 2021 Comp Plan Amendments — Chaz Bates (5 minutes) 4. Second Reading Ordinance 21-Adopting 2021 Comp Plan Amendments, Zoning 5. First Reading Ordinance 21- Property Tax - Chelsie Taylor 6. Admin Report: 2021 Budget Amendment — Chelsie Taylor 7. Admin Report: Advance Agenda — Mayor Wick [*estimated Oct 19, 2021, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick Oct 26, 2021, Formal Meeting, 6:00 p.m. 1. PUBLIC HEARING: 2021 Budget Amendment — Chelsie Taylor 2. First Reading Ordinance 21- , Amending 2021 Budget — Chelsie Taylor 3. Second Reading Ordinance 21, , Property Tax — Chelsie Taylor 4. First Reading Ordinance 21- Adopting 2022 Budget — Chelsie Taylor 5. Consent Agenda (claims, payroll, minutes) 6. Motion Consideration: Outside Agency Grant Awards Chelsie Taylor 7. Admin Report: Advance Agenda — Mayor Wick 8. Info Only: Department Monthly Reports Nov 2, 2021, Study Session (Meeting Cancelled: General Election) [*estimated Nov 9, 2021, Formal Meeting, 6:00 p.m. 1. PUBLIC HEARING #3: 2022 Budget — Chelsie Taylor 2. Consent Agenda (claims, payroll, minutes) 3. Second Reading Ordinance 21- , Amending 2021 Budget — Chelsie Taylor 4. Second Reading Ordinance 21, , Adopting 2022 Budget — Chelsie Taylor 5. Admin Report: LTAC Recommendations to Council — Chelsie Taylor 6. Admin Report: Advance Agenda — Mayor Wick [*estimated Nov 16, 2021, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick Nov 23, 2021, Formal Meeting, 6:00 p.m. 1. Admin Report: 2022 Fee Resolution — Chelsie Taylor 2. Admin Report: Advance Agenda — Mayor Wick 3. Info Only: Department Monthly Reports Nov 30, 2021, Study Session (possibly cancelled: Thanksgiving Holiday Week) Dec 7, 2021, Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Wick Dec 14, 2021, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Resolution Amending Fees for 2022 — Chelsie Taylor 3. Motion Consideration: Lodging Tax Awards for 2022 — Chelsie Taylor 4. Admin Report: Advance Agenda — Mayor Wick [*estimated Dec 21, 2021, Study Session (with action items), 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes [normally on the Dec 28 meetingJ) 2. Advance Agenda — Mayor Wick Map — Chaz Bates (5 min) (10 minutes) (10 minutes) (5 minutes) meeting: 55 mins] [due Tue Oct 12] (5 minutes) [due Tue Oct 19] (15 minutes) (10 minutes) (10 minutes) (10 minutes) (5 minutes) (10 minutes) (5 minutes) meeting: 65 mins] [due Tue Nov 2] (15 minutes) (5 minutes) (10 minutes) (10 minutes) (15 minutes) (5 minutes) meeting: 60 mins] [due Tue Nov 9] (5 minutes) [due Tue Nov 16] (5 minutes) (5 minutes) [due Tue Nov 30] (5 minutes) [due Tue Dec 7] (5 minutes) (5 minutes) (10 minutes) (5 minutes) meeting: 25 mins] [due Tue Dec 14] (5 minutes) (5 minutes) Draft Advance Agenda 8/12/2021 2:03:31 PM Page 2 of 3 3. Info Only: Department Monthly Reports (normally on 4th Tue) Dec 28, 2021, Formal Meeting (possibly cancelled: Christmas Holiday) January 4, 2022, 5: 30 p.m. Swearing in of newly elected councilmembers [Note: This is NOT a special meeting, but an opportunity to administer the oath of office Jan 4, 2022, Study Session, 6:00 p.m. 1. Council Officer Selections for Mayor and Deputy Mayor — Chris Bainbridge 2. Advance Agenda — Mayor Wick *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Appleway Trail Amenities Artwork & Metal Boxes Consolidated Homeless Grant Core Beliefs Resolution HHAA Funds Mirabeau Park Forestry Mgmt. Neighborhood Restoration No Parking Zones Park Lighting PFD Presentation Prosecutor Services Residency Ridgemont Area Traffic SCRAPS Service Update St. Illumination (owners, cost, location) St. O&M Pavement Preservation SVPD Precinct Needs Assessment SVPD Vehicle Replacement TPA Vehicle Wgt Infrastructure Impact Water Districts & Green Space Way Finding Signs to newly elected councilmembers.] [due Tue Dec 28] (10 minutes) (5 minutes) Draft Advance Agenda 8/12/2021 2:03:31 PM Page 3 of 3