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2023, 01-17 Study Session AgendaAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION Tuesday, January 17, 2023 6:00 p.m. Remotely via ZOOM Meeting and In Person at 10210 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting NOTE: 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 making 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 PROCLAMATION: Community Risk Reduction Week GENERAL PUBLIC COMMENT OPPORTUNITY: This is an opportunity for the public to speak on any subject except agenda action items, as public comments will be taken on those items where indicated. Please keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks will be limited to three minutes per person. To comment via zoom: use the link above for oral or written comments as per those directions. To comment at the meeting in person: speakers may sign in to speak but it is not required. A sign -in sheet will be provided in Council Chambers. ACTION ITEMS: 1. First Reading Ordinance 23-001 Street Vacation, 16th Avenue & University Road — Levi Basinger [no public comment; public hearing previously held] 2. First Reading Ordinance 23-002 Code Text Amendment, Credit Card Use — Bill Helbig [public comment opportunity] 3. Motion Consideration: Registration of City Domain Name — Chad Knodel [public comment opportunity] NON -ACTION ITEMS: 4. Transportation Benefit District (TBD) — Bill Helbig; and Deanna Gregory with Pacifica Law Group 5. Closed City Property — Cary Driskell 6. American Rescue Plan Act (ARPA) Update — Erik Lamb, Chelsie Taylor 7. Open Public Meetings Act Training — Tony Beattie 8. Advance Agenda — Mayor Haley COUNCIL COMMENTS CITY MANAGER COMMENTS ADJOURN Council Agenda January 17, 2023 Page 1 of 1 Spokane jUalley It rocCamation City of iipokaue Wa5bingtou Community 3 t k Rebucttou Week Whereas, Fire service responds to a growing number of medical calls for service, surpassing 80% of total call volume in some jurisdictions; every 23 seconds a fire department in the United States responds to a fire somewhere in the nation; in 2021, fires nationally were responsible for 14,700 civilian injuries and 3,800 civilian deaths, with 75% of the fatalities and 76% of the injuries related to home fires; and Whereas, In 2021, an estimated $15.9 billion in property damage nationally occurred as a result of fires; and wildland/urban interface (WUI) related fires remain a concern nationwide with multibillion -dollar losses; and Whereas, Community Risk Reduction is a data -informed process to identify and prioritize local risks, followed by integrated and strategic investment of resources to reduce their occurrence and impact; and Whereas, The value of community support from local, state, and national partners to address community risks is recognized to meet the demands on paid, combination, and volunteer members of the fire service; and Whereas, The goal of Community Risk Reduction is to reduce the occurrence and impact of emergency events for community members and emergency responders through deliberate action in the areas of the five E's of Education, Engineering, Enforcement, Emergency response, and Economic incentive; and Whereas, Most fire -related and many medical calls for service are preventable, with the five E's performed as part of an integrated Community Risk Reduction program; and Whereas, Monday, January 16, 2023 is Martin Luther King, Jr. Day and is nationally recognized as a National Day of Service and an opportunity for communities to reduce the risk in their community through a series of educational and other programs. NOW, THEREFORE BE IT RESOLVED that 1, Pam Haley, Mayor of the City of Spokane Valley Washington, on behalf of the Spokane Valley City Councilmembers, do hereby recognize the week of January 16 through 22 as Community Risk Reduction (CRR) Week for the City of Spokane Valley, and I urge Spokane Valley citizens to learn about this grassroots initiative of fire service professionals across the nation to raise awareness of the importance of Community Risk Reduction in the fire service community and an opportunity to make communities safer. Dated this 17`h day of January, 2023. Pam Haley, Mayor CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 17, 2023 Department Director Approval: Check all that apply: ❑ consent n old business ® new business n public hearing ❑ information n admin. report n pending legislation AGENDA ITEM TITLE: First Reading Ordinance 23-001 vacation of 21.5 square feet of public right of way adjacent to University Road. GOVERNING LEGISLATION: Spokane Valley Municipal Code (SVMC) 22.140; Revised Code of Washington (RCW) 35A.47.020 and chapter 35.79 RCW PREVIOUS COUNCIL ACTION TAKEN: At the October 25, 2022 City Council meeting, Council adopted Resolution 22-019, setting the public hearing date before the Planning Commission. The City Council Administrative Report for the Planning Commission Recommendation took place January 10, 2023. BACKGROUND: The right-of-way to be vacated is located approximately 170 feet south of the intersection of 16th Avenue and University Road. The right-of-way is a 4.5-foot-wide by 5-foot-long square area that was originally dedicated to the City by Spokane County Resolution 11-0698 in 2011. At the time, Spokane County was owner of the property. The City of Spokane Valley requested that a school zone flashing beacon be installed on the property to identify the school zone near University Elementary School. The school zone flashing beacon has since been relocated north of 16th Avenue and only the foundation for the assembly remains on the property. Apart from the foundation for the former assembly, the right- of-way is otherwise unimproved. The City does not plan to remove the foundation if the right-of-way is vacated and the City has no use for the right-of-way. There are no identified utility lines or easements that pass through the piece of right-of-way in question. The Planning Commission conducted a study session on November 10, 2022, followed by a public hearing on December 8, 2022. Following public testimony and deliberations, the Planning Commission voted 5-0 (two Commissioners were absent) to recommend approval of STV-2022-0003. The findings and recommendations were approved by the Planning Commission on December 22, 2022. SVMC 22.140.040 provides that City Council must consider the Planning Commission's findings, conditions and/or limitations as appropriate to preserve the public use or benefit, the division of the vacated right-of-way among abutting property owners, and last whether to require compensation for the right-of-way and when it is to be paid. Division of Vacated Right -of -Way to Abutting Property Owners: There is only one parcel, owned by Ann S. Easterly 2018 Living Trust, adjacent to the right-of-way to be vacated. The entire vacated area will return to the adjacent property owned by Ann S. Easterly 2018 Living Trust, since that is the origination of the right-of-way. Compensation for Right -of -Way: Council adopted Resolution 22-020 on November 8, 2022, updating the compensation for privately initiated street vacations. STV-2022-0003 was determined complete on October 6, 2022, vesting under Resolution 07-009. Staff shall apply the methodology for compensation pursuant to Resolution 07-009 to the vacation in question. RCA First Ordinance Reading for STV-2022-0003 Page 1 of 2 Section 1 of Resolution 07-009 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)(b) allows the property values to be averaged if the value of adjacent properties differs. Section 1(2) also provides that the applicant shall only be required to pay the fee "to the extent that it exceeds the cost charged by the City of Spokane Valley to initiate the vacation process.... " The table below presents the analysis conducted to determine the appraised value of the vacated property. Parcel Number Appraised Market Lot Size in S i uare Feet Appraised Value per S i uare Foot 45291.0125 $111,120 Average value per square feet Square feet of public right of way Value of area of street vacation 50% of appraised value 50% of appraised value less the application fee 24,694 1 Value established by the Spokane County Assessor $4.50 $4.50 21.5 21.5 sfx $4.50 = $96.75 $96.75 x 50% = $48.38 $48.38 - $1,420.00 = ($1,371.62) Applicant's Fee for vacated land = $0 As shown in the table above, 50% of the appraised value for the area to be vacated is less than the application fee and thus, pursuant to Section 1(2) of Resolution 07-009, no fee will be required from the applicant. OPTIONS: Move to advance to a second reading with or without further amendments, or suspend the rules and adopt the ordinance at the first reading. RECOMMENDED ACTION: Move to suspend the rules and adopt Ordinance 23-001 approving street vacation file STV-2022-0003. STAFF CONTACT: Levi Basinger, Planner ATTACHMENTS: 1. Draft Ordinance 23-001 2. Planning Commission Findings and Recommendations 3. Staff Report and Recommendation to the Planning Commission 4. Approved Planning Commission Meeting Minutes: a. November 10, 2022 b. December 8, 2022 5. Draft Planning Commission Meeting Minutes (December 22, 2022) RCA First Ordinance Reading for STV-2022-0003 Page 2 of 2 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 23-001 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, PROVIDING FOR A VACATION OF APPROXIMATELY 21.5 SQUARE FEET OF UNIMPROVED PUBLIC RIGHT-OF-WAY ADJACENT TO UNIVERSITY ROAD AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, on October 25, 2022, the City Council approved Resolution 22-019 setting the public hearing date of December 8, 2022, for the Planning Commission to consider vacation of 21.5 square feet of public right-of-way adjacent to University Road; and WHEREAS, on December 8, 2022, 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 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, no members of the public have filed a written objection to the proposed vacation with the City Clerk; and WHEREAS, pursuant to SVMC 22.140.040 and Resolution 07-009, since the value of 50% of the property is less than the street vacation application fees, no compensation is required for the right of way to be vacated; and WHEREAS, pursuant to chapter 22.140 SVMC, upon vacation of the road, the City shall transfer the vacated property to the abutting property owner of parcel number 45291.0125, the zoning district designation of the property adjoining the right of way 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 right of way shall be paid by the proponent or recipient of the transferred property; and WHEREAS, the City Council desires to vacate the above right-of-way adjacent to University Road 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 surrounded on three sides by the parcel owned by the applicant. This results in a small intrusion of public right-of-way extending from University Road into the applicant's property. The area as right-of-way requires maintenance by the City, the applicant desires to take ownership and maintenance of the area and improving it as part of their private property. The vacation of this right-of-way will better serve the public by reducing maintenance obligations and allowing full development of the private property. The vacation is expected to have no impact on the general public. 2. The area proposed to be vacated is currently unimproved and is not being used for public access and is not required for current or future public access or use. Stormwater improvements within and access to the adjacent parcel would be conditioned at time of future development. 3. There is no substitution being proposed as part of the vacation. The City's review has determined no need for a new or different public way. The purpose for this right-of-way was for a school zone beacon, which is no longer present at this location. The previous beacon was moved to a different location with improved visibility. Only the foundation for Ordinance 23-001— Vacating public right of way adjacent to University Road Page 1 of 3 DRAFT the former beacon remains within the subject right-of-way. No additional right-of-way is needed to substitute the subject right-of-way to be vacated. 4. Properties adjacent to the site in question have access along University Road. It is not anticipated that changes would occur in the future that would require the use of the 21.5 square feet of right-of-way for public access. 5. Notice of the public hearing was made by posting written notice at City Hall, CenterPlace, and the Valley library; publishing notice in the Spokane Valley Herald; and posting at the right-of-way to be vacated. A direct mailing was sent to property owners adjacent to the proposed vacation, which in this case included the applicant because their property surrounds the right-of-way on three sides. To date, no objections by the public or governmental agencies have been received. 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 property, $48.37 is 50% of the assessed value. Therefore, $48.37 minus the $1,420 application fee equals $-1,371.63. The value of the unimproved public right-of-way is less than the application fee and thus, pursuant to Section 1(2) of Resolution 07-009, no fee may be required from the applicant. Section 2. Property to be Vacated. Based upon the above findings, the City Council does hereby vacate the public right-of-way which is incorporated herein by reference, and legally described in Exhibit A — Land Description. 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 public right-of-way 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. There is one abutting owner, and all of the property in question will become part of parcel number 45291.0125, owned by the Ann S. Easterly 2018 Living Trust. 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 property 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. The vacated property shall be transferred to the owner of the abutting parcel 45291.0125. 2. 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 ingress and egress, construction, repair and maintenance of existing and future utilities and services, shall be completed. Ordinance 23-001— Vacating public right of way adjacent to University Road Page 2 of 3 DRAFT 3. All direct and indirect costs of the 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. 4. The zoning district designation of the properties adjoining the right-of-way 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. 5. 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. 6. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. 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 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. PASSED by the City Council this day of January, 2023. ATTEST: Pamela Haley, Mayor Christine Bainbridge, City Clerk Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 23-001— Vacating public right of way adjacent to University Road Page 3 of 3 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION Pursuant to Spokane Valley Municipal Code (SVMC) 17.80.150(E) the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the City Council following the public hearing. The following findings are consistent with the Planning Commission's decision to recommend approval of File No. STV-2022-0003. A. Background: 1. Chapter 22.140 SVMC, governing street vacations. 2. STV-2022-0003 is a privately initiated street vacation request to vacate 21.5 square feet of public right-of-way adjacent to University Road. 3. The Planning Commission held a properly noticed public hearing on December 8, 2022. On December 8, 2022, the Planning Commission conducted deliberations and voted unanimously to recommend approval of STV-2022-0003 to the City Council. B. Planning Commission Findings: Compliance with SVMC 22.140.030 1. Whether a change of use or vacation ol'the street or alley will better serve the public. The area proposed to be vacated is surrounded o11 three .!sides by the parcel owned by the applicant. This results in (1 small intrusion ofpublic right e?f 1val' e'x1o)ulin /null! i iiniversily Road into the icant "s property. i11c' area as rig!?t-of-li'ar requires maintenance by the City, the applicant desires to take ownership and maintenance of the area and improving it as part of their private property. The vacation of this right-of-way will better serve the public by reducing maintenance obligations and allowing fill development of the private property. The vacation will have no impact on the general public. 2. Whether the street or alley is no longer required for public use or public access. The area proposed to be vacated is currently unimproved and is not being used /OI' public access and is not required Pr current or future public aC'Ce.CS Or use. S1(n'ntwoter improvements within and access to the adjacent property would be (00dltlf)1?('(1 at time of f1(1?lre development. 3. Whether the substihition of a new and different public way would be more useful to the public. There is no substitution being prepare'd as part of the vacation. The: City s review has determined no need, for a new or (lillerent public way. The purpose for this right of way .far a school zone beacon, 1i'hich i5 no longer present at this location. Only the .falrn(lationfor the Pone!. beacon remains !within the subject right of way. No additional right of way is needed 10 sub.stitrrte the subject right of way to be vacated. 4. Whether conditions may so change in the future as to provide a greater use or need than presently crisis. Properties adjacent to the site have access along University Road. No changes would occur in the Attire that would require the use of the 21.5 square feet of right-of=lvay fi)r public access. Findings and Recommendations ol'the Spokane Valley Planning Commission STV-2022-0003 Page I of 2 5. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public. Notice of. the public hearing was made by posting written notice at City Hall, C'eratcrPlace, and the Valley library; publishing notice in the Spokane Valley Herald; and posting at the right -of -war to be vacated. 4 direct retailing eras made to property owners. adjacent to the proposed vacation. No ubjeclinrts by the public or got cr rrrttc rrtcrl agencies have been received. C. Conclusions: The findings confirm that the criteria set forth in SVMC 22.140.030 have been met. D. Recommendation: "I'he Spokane Valley Planning Commission therefore recommends the City Council approve S"I•V-2022-0003 subject to the following conditions. 1, The vacated property shall be transferred to the owner of the abutting parcel 45291.0125. 2. Following the (.'ity Council's approval of the street vacation, a record of survey of the area to be vacated, prepared by a registered surveyor in the state of Washington, including an exact metes - and -bounds legal description, and specifying any and all applicable easements for construction, repair and maintenance of existing and future utilities and services, shall be completed. 3. All direct and indirect costs of the title transfer of the vacated street from public to private ownership shall be paid I)y the proponent. The City shall not, and does not, assume any financial responsibility for any direct or indirect costs for the transfer of title. 4. The Neighborhood Commercial zoning district designation of the properties adjoining the street to be vacated shall be automatically extended over the entirety of the vacation. 5. The record of survey and (Tilt lied copy of the Ordinance shall be recorded by the City Clerk in the office of the Spokane County Auditor. 6. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. Approved this 22" clay of December 2022 Planning Commission, Chairman ATTEST Marianne Lemons, Office Assistant Findings and Recommendations ot'the Spokane Valley Planning Commission STV-2022.(003 Page 2 oi'2 pokane _+. Va11ey COMMUNITY AND PUBLIC WORKS BUILDING & PLANNING STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION FILE: STV-2022-0003 STAFF REPORT DATE: December 1, 2022 FILE NO: STV-2022-0003 PROPOSAL DESCRIPTION: Request to vacate 21.51-square feet of public right-of-way adjacent to University Road. STAFF PLANNER: Levi Basinger, Planner APPLICANT: Ann S. Easterly 2018 Living Trust PROPERTY OWNER: City of Spokane Valley PROPOSAL LOCATION: The piece of public right-of-way proposed to be vacated is located west of and adjacent to University Road, approximately 1 70-feet south of the intersection between University Road and 16th Avenue, and adjacent to parcel 45291.0125; further located in the NE quarter of Section 29, Township 25 North, BACKGROUND: On October 22, 2022, City Council approved Resolution No. 22-019 to set the public hearing date for December 8th, 2022, to consider the privately initiated request to vacate 21.51-square feet of public right of way adjacent to University Road. The right-of-way to be vacated is located approximately 170 feet south of the intersection of 16th Avenue and University Road. The right-of-way is a 4.5-foot-wide by 5-foot-long square area that was originally dedicated to the City per Spokane County Resolution 11-0698 in 2011. At the time, Spokane County was owner of the property. The City of Spokane Valley requested that a school zone flashing beacon be installed on the property to identify the school zone near University Elementary School. The County Engineer determined that the property where the beacon would be located be part of the public right of way. Therefore, a piece of property measuring approximately 21-square feet adjacent to University Road was dedicated as public right of way per Spokane County Resolution 11-0698. The beacon assembly has since been relocated by the City north of 16th Avenue and only the foundation for the assembly remains on the property. Apart from the foundation for the former assembly, the right-of-way is otherwise unimproved. The subject right-of-way and foundation for the former flashing beacon are located behind the existing sidewalk and behind the existing storm Staff Report and Recommendation STV-2022-0003 Page 1 of 5 December 1, 2022 drains within University Road. The City does not plan to remove the foundation if the right-of-way is vacated and has no use for the right-of-way. There are also no identified utility lines or easements that pass through the piece of right-of-way in question. The right-of-way is adjacent to Parcel 45291.0125 on three sides. The parcel is currently owned by Ann S. Easterly 2018 Living Trust. The parcel adjacent to the subject right of way is currently undeveloped. Properties directly west of and south of the subject site contain duplexes. The property directly to the north, under the same ownership as the applicant, contains a gas station and convenience store. Directly west of the gas station and convenience store, on a separate parcel, there is a strip mall containing two businesses. University Elementary School is located to the east, across University Road, at the southeast corner of 16th Avenue and University Road. The property owner has requested the 21.51-square feet of right-of-way be vacated and aggregated into the adjacent property because it no longer serves a public purpose, and it impedes the applicant's use of their property. APPROVAL CRITERIA: 1. Chapter 22.140 SVMC — Street Vacations 2. City of Spokane Valley Street Standards ATTACHMENTS: Exhibit 1: Application Packet Exhibit 2: Maps and Site Photos Exhibit 3: Notice of Public Hearing Exhibit 4: Staff Comments Exhibit 5: Agency Comments I. PROPERTY INFORMATION Size and Characteristics of proposed vacation: The area to be vacated is unimproved right-of-way and totals approximately 21.51 square feet. Comprehensive Plan Designation: Neighborhood Commercial (NC) Zoning: Neighborhood Commercial (NC) Adjacent Comprehensive Plan Designation: Neighborhood Commercial (NC) Adjacent Zoning: Neighborhood Commercial (NC) Adjacent Land Use(s): West and South — vacant parcel; North — gas station/convenience store; East — University Road; II. STAFF ANALYSIS OF STREET VACATION PROPOSAL A. COMPLIANCE WITH SVMC 22.140.030 Findings: 1. Whether a change of use or vacation of the street or alley will better serve the public? Staff Report and Recommendation STV-2022-0003 December 1, 2022 Page 2 of 5 The area proposed to be vacated is surrounded on three sides by the parcel owned by the applicant. This results in a small intrusion of public right of way extending from University Road into the applicant's property. The area as right-of-way requires maintenance by the City, the applicant desires to take ownership and maintenance of the area and improving it as part of their private property. The vacation of this right-of-way will better serve the public by reducing maintenance obligations and allowing full development of the private property. The vacation is expected to have no impact on the general public. 2. Whether the street or alley is no longer required for public use or public access? The area proposed to be vacated is currently unimproved and is not being used for public access and is not required for current or future public access or use. Stormwater improvements within and access to the adjacent parcel would be conditioned at tune of future development. 3. Whether the substitution of a new and different public way would be more useful to the public? There is no substitution being proposed as part of the vacation. The City's review has determined no need for a new or different public way. The purpose for this right of way was for a school zone beacon, which is no longer present at this location. The previous beacon was moved to a different location with improved visibility. Only the foundation for the former beacon remains within the subject right of way. No additional right of way is needed to substitute the subject right of way to be vacated. 4. Whether conditions may so change in the future as to provide a greater use or need than presently exists? Properties adjacent to the site in question have access along University Road. It is not anticipated that changes would occur in the future that would require the use of the 21.5 square feet of right-of-way for public access. 5. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public? Notice of the public hearing was made by posting written notice at City Hall, CenterPlace, and the Valley library; publishing notice in the Spokane Valley Herald; and posting at the right-of- way to be vacated. A direct mailing was property owners adjacent to the proposed vacation, which in this case included the applicant because their property surrounds the right-of-way on three sides. To date, no objections by the public or governmental agencies have been received. Conclusion(s): The findings confirm criteria set forth in SVMC 22.140.030 have been met. B. COMPLIANCE WITH TITLE 21 SVMC — ENVIRONMENTAL CONTROLS The Planning Division has reviewed the proposed project and has determined that the project is categorically exempt pursuant to WAC 197-11-800(2)(i) and SVMC 21.20.040 from environmental review under the provisions of the State Environmental Policy Act (SEPA). Staff Report and Recommendation STV-2022-0003 Page 3 of 5 December 1, 2022 III. PUBLIC COMMENTS Findings: No public comments were received following the notice of public hearing. A Notice of Public Hearing sign was posted on November 18, 2022 on the area proposed to be vacated. Notices were posted in the Spokane Valley Public Library, City of Spokane Valley main reception area and CenterPIace Event Center on November 17, 2022. The public hearing notice was mailed to all owners adjacent to the area proposed to be vacated on November 9, 2022. Staff and agencies were notified of the request on October 26, 2022 and noticed again on November 15, 2022. The notice was published in the Spokane Valley Herald on November 18, 2022 and November 25, 2022. Conclusion(s): The City has met the noticing requirements for street vacations as required in SVMC 22.140.02.0(F) TV. AGENCY COMMENTS Request for comments from agencies and service providers was sent on October 26, 2022 as part of the initial assessment of the street vacation. Notice of public hearing was provided to agencies and service providers again on November 15, 2022. Comments were received from the following agencies and are attached as exhibits to this staff report. Where necessary, comments have been incorporated into the recommended conditions of approval in Section V. Agency Received Comments Comments Dated City of Spokane Valley Public Works - Engineering Yes 10-6-2022 City of Spokane Valley Public Works — Stormwater Yes 10-6-2022 City of Spokane Valley Public Works - Traffic Yes 10-6-2022 City of Spokane Valley Public Works —Maintenance Yes 10-6-2022 Spokane Valley Fire District No.1 No Spokane County Public Works - Wastewater Yes 10-28-2022 Spokane Regional Health District No Spokane Transit Authority No Spokane County Water District No. 3 Yes 10-27-2022 Model Irrigation District No. 18 No Avista Utilities Yes 10-26-2022 Lumen Yes 10-27-2022 Comcast No Findings: The application was routed to jurisdictional agencies, utilities, and public districts for review and comment. According to comments received, no utilities are located within the right of way to be vacated, and no agencies are opposed to the proposed vacation. Staff Report and Recommendation STV-2022-0003 December I, 2022 Page 4 of 5 Conclusion(s): Staff concludes that jurisdictional agencies, utilities, and or public districts have no concerns regarding the proposed vacation of the right-of-way adjacent to University Road. V. OVERALL CONCLUSIONS AND FINDINGS Staff concludes that STV-2022-0003 as proposed is consistent, or will be made consistent, through the recommended conditions of approval based on the approval criteria stated herein. RECOMMENDATION: Approve the request to vacate the approximately 21.5 square feet of right of way adjacent to University Road and parcel number 45291.0125 subject to the following conditions: 1. The vacated property shall be transferred to the owner of the abutting parcel 45291.0125. 2. Following the City Council's passage of the ordinance approving the street vacation, a record of survey of the area to be vacated, prepared by a registered surveyor in the state of Washington, including an exact metes and bounds legal description, and specifying any and all applicable easements for construction, repair and maintenance of existing and future utilities and services, shall be completed. 3. All direct and indirect costs of the 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. 4. The zoning district designation of the properties adjoining the street to be vacated shall be automatically extended over the entirety of the 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. 5. 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. 6. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. Staff Report and Recommendation STV-2022-0003 Page 5 of 5 December 1, 2022 Exhibit I c�,,,, � STREET VACATION APPLICATION Spokane SVMC 22.140 ,r, 0Val ley 11rf;l c.l:i �,' J�✓" 22ZZ ::i"'1I L.? 021(1 E Spr,it?Abeinu �)_pukane Va11e WA 99206 Phone: (S09) 720-5240 ♦ 'ax; (5(19) 720-5075 • IIcoTt5tih.,pii,p: ;'>4tuk ne t:illeti.1), t, STAFF USEQNLY Date Submitted: `/// Y)/ 2 Z Received by: PLUS#: i /A File#: `5i if "( z) Fee: $1,420.00 PART I — REQUIRED MATERIAL "THE APPLICATION WILL NOT BE ACCEPTED IF THE REQUIRED MATERIALS ARE NOT PROVIDED" Completed Application Form Together with EXHIBITS, "A", "B", "C", "D", and "I:" attached here. • Application Fee $1,420 cheek payable to City of Spokane Valley, per page 4 of City Fee Resolution 22-003. • Notice of Application Packet (17.80.110) — Adjacent Property(ies) Attached. ▪ Written Narrative — A written narrative describimi the reasons for the proposed street vacation, the physical limits of the proposed street vacation and tine public benefit of the proposed street vacation. See EXHIBIT "A" ❑ Written Correspondence from Utility Purveyors N/A - No utilities serve, abut, or go thru the site to be vacated. _Telephone _Cable Electric _ Other (Specify )_ _Water District _Fire District Gass Ulihly _ Sewer Utility �. Vicinity Map — Submit a map showing the general area of the proposed vacation See EXHIBIT "B" ❑ Record 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. pi Written Evidence of all easements, allowances or reservations, if available, pertaining to the street and/or alley proposed for vacation. See EXHIBIT "C" Spokane County Resolution 11-069ti, adopted 8/I6/20l 1 No public, Mill[}, 11r F riv,itc casements exist an thy �1 square feet requested to be vacated. PART a APPI .Ii./ i l 11 APPLICANT NAME: AInn Easterly, 'Fri I.k;tof 1In' MAILING ADDRESS: I0524 Fatit Chinuni. Road CITY: Spokane Valley PHONE: (925) 922--I0O1) FAX: N/,\ CELL: N/A 1\1111 S. l�,atilrrly _'.t11 E, I .i�inw�. Trust STATE: WA ZIP: 99206 EMAIL: N/A PROPERTY ©WIER No. 1 : Same as AhoVC MAILING ADDRESS: Sa1111' ',is ,`\1) )\•c CITY: Same as Ahovc PL-15 V1.0 STATE: Same Zip: Salve as Above Page 1 at 12 Exhibit 1 mane �a` Illil .0010Va1Iey PHONE: Same as Above [ FAX: N/A STREET VACATION APPLICATION CELL: N/A EMAIL: N/A PROPERTY OWNER No. 2: N/A (only the One Property. Owner Abovc.) MAILING ADDRESS: N/A CITY: N/A STATE: N/A ZIP: N/A PHONE: N/A FAX; N/A CELL: N/A EMAIL: N/A If more than two (2) abutting property oWIIC.'rs, NICitdde information and Written authorization on a separate sheet of paper for each. NAME OF STREET/ALLEY TO BE VACATED: N() street or ill icy. 2..1 square feet of land on private property. DIMENSIONS OF STREET/ALLEY TO BE VACATED: 21 square feet of land in the NI, loner of pnv°i((C' pmpert SQUARE FEET OF STREET/ALLEY TO BE VACATED: Approximately 21 square feet. ABUTTING TAX PARCEL No(s),: See List of Parcels AbuttingProperty, EXHIBIT "D". ADDRESSESOF ABUTTING PARCELS: See List of Parcels Abutting; Applicant's Property EXHIl31T "D". ZONING DESIGNATION: ('amend RHal THE FOLLOWING IS CRITERIA EVALUATED BY THE PLANNING COMMISSION IN FORMULATING A RECOMMENDATION TO THE CITY COUNCIL. ON A SEPARATE SHEET OF PAPER THE FOLLOWING QUESTIONS SHALL BE ANSWERED IN A DETAILED MANNER; See Applicant's Responses to City Planning Commission Questions, LXH1111'I' "E". 1. HOW DOESA CHANGE OF USE OR VACATION OF THE STREET/ALLEY IMPROVE SE WI TO THE PUBLIC? 2. IS THE STREET OR ALLEY NO LONGER REQUIRED FOR PUBLIC USE OR PUBLIC A(.:LE SS? EXPLAIN. 3. WOULD SUBSTITUTION OF A NEW AND/OR DIFFERENT PUBLIC RIGHT-OF-WAY BETTER SERVE THE PUBLIC? EXPLAIN. 4. HOW WILL USE OR NEED FOR THIS RIGHT-OF-WAY BE AFFECTED BY FUTURE CONDITIONS? EXPLAIN. 5. WILL EASEMENTS BE RETAINED FOR ALL UNDERGROUND AND OVERHEAD UTILITIES? THE REQUESTED VACATION IS LOCATEL) IN THE SERVICE AREA OF WHAT UTILITY COMPANIES. (SPECIFY)? 6. DOLS TI IE T-OF-WAY INCLUDE STORMWATER DRAINAGE FACILITIES (SPECIFY)? PLEASE NOTE: PER ROW 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. PL-15 V1.0 Page 2 of 12 Exhibit 1 Sp(}kane Valley 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 PART III - u.:uRIZATION (Signature of owner or r.wuthorized representative) I, Ann Easterly , (print name) swear or affirm that the above responses are made truthfully and to the best of my knowledge. /9 September iZ r, 2022 (Signature) nn Easterly, Trustee (Date) Ann S. Easterly 2018 iving Trust STATE OFWASHINGTON) COUNTY OF SPOKANE SS: ) NOTARY SUBSCRIBED AND SWORN to before me this d'- 1 day of , 20 as NOTARY SEAL NATASHA NELSEN Notary Public State of Washington Commission # My Comm. Expires Sep 88,32024 NOTARY SIGNATURE otary Public in and for the State of Washington v;iclirutat: ()D Ct`��V• f 11/-k. V' 0w1� � f f ao My appointmentexpires:� LEGAL OWNER NO. 1 AUTHORIZATION: If the applicant is not the legal owner(s), the owner must provide the following acknowledgement; I, N/A owner of the above described property do hereby authorize 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; PL-15 V1.0 Page 3 of 12 Exhibit I *Wane '"Ua�lley property do hereby authorize regarding this application, STREET VACATION APPLICATION N/A , owner of the above described to represent me and my interests in all matters PL-15 V1.0 Page 4 of 12 Exhibit 1 projeci k CLi /ED EXHIBIT "A" SEP 2 ; 1021 Written Narrative Applicant requests that the City of Spokane Valley release its interest"in-- approximately 21 square feet of land located in the Northeast corner of Applicant's property. Applicant's property is located on the West side of University Road across from the parking lot of the University Elementary School. Spokane County gave the 21 square feet to the City for placement of a school flashing beacon. However, the City found that location unsuitable for placement of such a sign. As the 21 square feet serves no public purpose and provides no public benefit, Applicant requests the City to release its interest. Background Years ago, Spokane County owned the property.' Just before it sold the property in August 2011, the County dedicated approximately 21 square feet of it to the City. The dedication was for placing a flashing beacon to slow traffic within University Elementary School's traffic zone. Years later, Applicant purchased the property in 2014. Thereafter, the City positioned signs at the approaches to University Elementary School's traffic zone to de -accelerate traffic speed. The City placed two Eltec radar detecting, speed reduction signs at the northern and southern boundaries of the School's traffic zone on University Road. These technology driven, direct current/solar powered, signs were positioned to give maximum notice, sufficient time, and adequate distance for traffic to de -accelerate to the 20 mile per hour speed limit within University Elementary's School traffic zone. The 21 square feet the County dedicated has remained dormant ever since. Conclusion Everyone would agree that the City should hold and maintain land if there is a public use or purpose in doing so. Here, there is not. The dedication is of no use or purpose to the City. Further, as dedication is located on private property, it impedes Applicant's use of her land. For these reasons, Applicant requests, respectfully, that the City vacate the 21 square feet on her property. ' Having no address, the property is designated by Assessors Parcel Number 45291.0125. EXHIBIT "A" - Written Narrative - attached to Street Vacation Application Page 5 of 12 Exhibit 1 08/28/2011 12:26:35 PM Reoording F. $84.00 Pigs 1 of 3 Raaolution SPOKANE C4t1NTY ENG PM IN Spokane County Wa,hlnaton 111111111? Ilillli 11i111III11i hill IIIII 11111l11If111 IIIII1111! U 111 After Recording Return To: Spokane County Engineer's Office Attn.: Engineering Administration 1026 West Broadway Avenue Spokane, WA 99260-0170 Document Title: Resolution No. 11-0698 Reference Number of Related Documents: N/A Grantor: Government, County of Spokane Grantee: Government, City of Spokane Valley 6023828 Pr. �.f ,,/.. eD77:.4l2D SEP 2 8 2021 CO^1/ PEFIN I . C[INTER' tf Legal Description: NE 1/4 of Section 29, Township 25 North, Range 44 East, W,M., Spokane County, WA Assessors Tax Parcel ID Number: Portion of45291.0125 The County will rely on the information provided on this form. The Staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. EXHIBIT "C" - County Resolution 11-0698 - attached to Street Vacation Application Page 7 of 12 Exhibit 1 5r After Recording Return to. Spokane County Engineer Ann: Engineering Admiahhrotlon, 1026 W. llrnedway Ave.. Spokinc WA 99260 RESOLUTION NO, d6 g8 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHING'TON IN THE MATTER Of DEDICATION Of COUNTY GENERAL OWNED PROPERTY FOR RICiH'f OF WAY PURPOSES TO'FHE CITY OF SPOKANE VALLEY COUNTY ENGINEER'S ROAD PILE NO. 1504 RESOLUI1ON WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County (hereinafter sometimes referred to as the "Board") has the care of County property and the management of County funds and business; and WHEREAS, pursuant to the provisions of RCW 36.34,290 and RCW 16.34.300 the Board of County Commissioners may dedicate any county land to public use for public streets and alleys in any city or town; and WHEREAS, the City of Spokane Valley has requested that a school flashing beacon at i6"' and University be located on County property showing the speed of the cars clear University Elementary School; and WHEREAS, the County Engineer deems it to be in the best interest of the public that the property that the beacon sits upon should be a part of the road right-of-way; and WHEREAS, the portion to be dedicated for wad right of way has the following legal description: That portion of Parcel "A" doacrtbed es follows, commencing at the North East Comer of Bald Parcel "A" being the South East corner of that Tract of Land as shown on Record Of Survey Book 144 page 94 Spokane County Auditor's Office; Thence S 02' 39' 29" W along the West right of way line of University Road a distance of 10.02 feet to The True Point 01 Beginning of this dedication; Thence N 139° 55' 44" W parallel with the South lino sald Tract a dtatance of 4.42 feet; Thence S 00° 04' 16" W a distance of 6.00 foot; Thence S 09° 55' 44" E a distance of 4.19 feet to said West right of way of University Road; Thence N 02° 39' 29" E along the West right of way line of Bald University Road a distance of 6.01 feet to The Truo Point Of Beglnntng: Containing 21.51 sq feet more or lees. Parcel "A" Lots 4 and 5 and the east 20 feet of Lots 3 and 6, Block "A" of Chester Hills Addition, as per plat thereof recorded in Volume I of Plata, Page 92. Except the north 50 feet of Lots 3 and 4 of said Chester Rills Addition. Except University Road Located In the Northeast Quarter (NE %) of Section 29, 'Township 25 North, Range 44 East W.M. Spokane County, Washington. EXHIBIT "C" - County Resolution 11-0698 - attached to Street Vacation Application P ge 8 of 12 'Exhibit 1 WHEREAS, the Spokane County Engineer deems it in the bast interests of the public that the previously described beacon property be dedicated to the City of Spokane Valley for streets and recommends approval of this dedication for roadway purposes; and 'FkIEREEORE BE IT RESOLVED by the Board of County Commissioners of Spokane County, Washington, pursuant to the provisions of RCW 36.32,120(6) and RCW 36.34290, that the Board does hereby approve the recommendation of the County Engineer and that the pmperty be dedicated to the City of Spokane Valley for right of way purposes, ADOPTED by the Board of County Commissioners of Spokane County, Washington this 16" day of August, 2011. MTFST: Daniela Erickson // Clerk of the Board STATE OF WASHINGTON ) ss. } County of Spokane On this day of 2011, before me, the undersigned, a Notary Public in and for the State of Washington, dul co issioned and swom, personally appeared Al French, Todd Welke, and Mark Richard to me known to be the Commissioners of the Board of County Commissioners of Spokane County, a political subdivision of the State of Washington, that executed the within and foregoing Instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said political subdivision, for the uses and purposes therein mentioned, and oo oath stated that they were authorized to execute said instrument, and that the seal affixed is the seal of said County. T ielkc, VitaCharr M Richard, Commission IN WITNESS WIIER):.OF, 1 have hereunto set my hand aniI affixed my seal the day and year first written above. Agreed to this ie.0/1I day n NOTARY PUBLIC in and for the State of Washington, residing at Spo My commission expires:. 2011. EXHIBIT "C" - County Resolution 11-0698 - attached to Street Vacation Application P ge 9 of 12 Exhibit 1 )Hw11-IDT D" List of Parcels Abutting Applicant's Property THE FOLLOWING PARCELS ABUT, OR ARE ADJACENT TO, APPLICANT'S PROPERTY (APN 45291.0125) THAT CONTAINS TI-IE 21 SQUARE FEET OF LAND DEDICATED TO THE CITY. A. Properties to the North of APN 45291.0125: Assessors Parcel Number: 45291.0124 Address: 10620 East 16`'' Avenue Owner: Ann S. Easterly 2018 Living Trust, Ann Easterly Trustee Assessors Parcel Number: 45291.0102 Address: 10604 East 16''' Avenue Owners: Paul Singh & Gurpreet Kaur B. Property to the South of APN 45291.0125: Assessors Parcel Number: 45291.0122 Address: 1710 South University Road Owners: Arthur C & Rosanna L. Sharpe C. Property to the East (across University Road) of APN 45291.0125 Assessors Parcel Number: 45282,9004 Address: 1613 South University Road Owner; Central Valley School District #356 19307 E Cataldo Avenue, Greenacres, WA 9901 6-9489 D. Properties to the West of APN 45291.0125: Assessors Parcel Number: 45291.0117 Address: 1615 South Oberlin Road Owner: Peggy L. Trout Assessors Parcel Number: 45291.0118 Address: 1623 South Oberlin Road Owners: Kurt M. & Shelley M. Brown Assessors Parcel Number: 45291.0119 Address: 1703 South Oberlin Road Owners: Joshua M. Grafos and Michelle Hellhake EXHIBIT "D" - List of Parcels Abutting Applicant's Property Page 10 of 12 Exhibit 1 EXHIBIT "E" Responses to Application Questions concerning The Land to be Vacated. THE FOLLOWING QUESTIONS HAVE BEEN POSED BY THE PLANNING COMMISSION WITHIN THE STREET VACATION APPLICATION. APPLICANT'S RESPONSES WILL BE EVALUATED IN FORMULATING RECOMMENDATIONS TO THE CITY COUNCIL. Applicant's responses are in blue below, The land Applicant requests the City to vacate is referred to below simply as "the 21 square feet," 1. HOW DOES A CHANGE OF USE OR VACATION OF THE STREET/ALLEY IMPROVE SERVICE TO THE PUBLIC? For many years, the 21 square feet has not served any public purpose or provided any benefit to the public. This remains unchanged to the present day. Thus, the City's vacation of the 21 square feet will have no effect on service to the public. 2. IS THE STREET OR ALLEY NO LONGER REQUIRED FOR PUBLIC USE OR PUBLIC ACCESS? EXPLAIN. Years ago, the City found the location of the 21 square feet unsuitable for a school traffic zone speed reduction sign. The 21 square feet is in the middle of University Elementary School's traffic zone, where a speed reduction sign has little or no effect in slowing traffic. Instead, the City placed advanced, radar detecting, speed reduction signs at the northern and southern boundaries of the School's traffic zone on University Road. At such locations, the speed reduction signs have maximum effect in providing oncoming traffic advance notice, sufficient time, and adequate distance to reduce speed. For this reason, the 21 square feet is not required for public use. 3. WOULD SUBSTITUTION OF A NEW AND/OR DIFFERENT PUBLIC RIGHT-OF- WAY BETTER SERVE THE PUBLIC? EXPLAIN. This question appears inapplicable as the 21 square feet is not part of the public right-of-way to University Road. Instead, it is located on private property. Moreover, as the City has already placed radar detecting speed reduction signs at more appropriate locations, the 21 square feet is not necessary. As it is not part of the public right-of-way and the City has EXHIBIT "E" - Applicant's Responses to City Planning Commission Questions Page 11 of 12 Exhibit 1 already chosen more suitable locations, the question of substituting a new or different public right-of-way would not appear to apply here. 4. HOW WILL USE OR NEED FOR THIS RIGHT-OF-WAY BE AFFECTED BY FUTURE CONDITIONS? EXPLAIN. This question is not applicable as the 21 square feet is not part of the public right-of-way to University Road. Instead, it is located on private property. The question of how use or need, "... for `this' right of way will be affected by future conditions," does not seem applicable here. 5. WILL EASEMENTS BE RETAINED FOR ALL UNDERGROUND AND OVERHEAD UTILITIES? THE REQUESTED VACATION IS LOCATED IN THE SERVICE AREA OFWHAT UTILITY COMPANIES. (SPECIFY)? There are no known utility easements running on, through, or adjacent to the 21 square feet. All stormwater drainage, water, and sewer utilities are located within University Road's public right-of-way. individual water services, fire hydrants, and sewer services are all served by lateral connections, none of which are anywhere close to the 21 square feet. Dry utility easements held by investor -owned utilities, such as Avista, are all located on the opposite (East) side of University Road. 6. DOES THE RiGHT-OF-WAY INCLUDE STORMWATER DRAINAGE FACILITIES (SPECIFY)? No. The stormwater drainage inlets and underground collection ducts are all located within the University Road public right-of-way. Again, the 21 square feet is located on private property, outside of the public right-of- way to University Road. EXHIBIT "E" - Applicant's Responses to City Planning Commission Questions Page 12 of 12 Exhibit 2 w rct, b.4U - M .pakdne, vY k - geoaavanlage oy a ernry uynamtas 4ege First Amerirrn 40 E Spokane Falls Blvd Spokane WA99202 Phone 509-456.0550 Fax 965-537-9602 Thls mapfplat is being furnished as an aid in lnc.aling the herein described land in relation to adjoining streets, natural boundaries and other land. and is not a survey of the land depicted Except to the extent a policy of tithe insurance is expressly modified by endorsement, if any, the company does not unsure dimensions, distances, location of easements, acreage of other matters shown thereon. EXHIBIT "B" - Vicinity Map - attached to Street Vacation Application hilnr-l7rlionlc cnninn rrtvnamirc nalfnn Iarn=Mrd Rrn,nn INt=cnnitanoRmin=Palen Page 6 of 12 Exhibit 2 c 5 ec+:0A) M p Exhibit 2 SpokAne Valley auR'is�.�"". Exhibit 3 NOTICE OF PUBLIC HEARING For Street Vacation TIIE SPOKANE VALLEY COMMUNITY & PUBLIC WORKS IS SENDING THIS NOTICE OF PUBLIC HEARING TO ALL PROPERTY OWNERS ABUTTING THE PUBLIC RIGHT OF WAY TO BE VACATED BASED ON THE MOST CURRENT RECORDS FROM THE SPOKANE COUNTY ASSESSOR'S OR TREASURER'S OFFICE. Hearing Date: Thursday, December 8, 2022 beginning at 6:00 p.m. The required public hearing for Street Vacation Application file no. STV-2022-0003 shall be conducted before the Spokane Valley Planning Commission in such manner as provided by law on December 8, 2022, beginning at 6:00 p.m., or as soon thereafter as practical. Meeting Details: The hearing will be conducted in person, with the option to attend remotely using web and telephone conference tools. Join Zoom meeting by computer, smartphone, or tablet at: A link to the Zoom meeting will be provided on the agenda and posted to the City's webpage: www.spokanevalley.org/planningcommission. Application/Description of Proposal: The City has received a request to vacate 21-square feet of public right of way adjacent to the westside of University Road. Applicant: Ann S. Easterly 2018 Living Trust. 10524 E Chinook Road, Spokane Valley, WA 99206 Owner: City of Spokane Valley. 10210 E Sprague Avenue, Spokane Valley, WA 99206 Location of Proposal: The piece of public right-of-way in question is located west of and adjacent to University Road, approximately 170-feet south of the intersection between University Road and 16th Avenue, and adjacent to parcel 45291.0125; further located in the NE quarter of Section 29, Township 25 North, Range 44 East, Willamette Meridian, Spokane Valley, Washington. Environmental Determination: The Planning Division has reviewed the proposal/project and has determined that the project is categorically exempt pursuant to WAC 197-11-800 and City of Spokane Valley Municipal Code (SVMC); Title 21 (Environmental Controls) from environmental review under the provisions of the State Environmental Policy Act (SEPA). Approval Criteria: Chapter 22.140 (Street Vacations) SVMC; Title 21 (Environmental Controls) SVMC; the City of Spokane Valley Street Standards; the Regional Stormwater Manual; and the Spokane Regional Health District regulations. Hearing Process: The Planning Commission will conduct the hearing pursuant to the rules of procedure adopted in Title 18 (Boards and Authorities) SVMC. The Planning Commission holds the public hearing to receive comments and forwards a recommendation to the City Council for an ordinance adoption. The public is encouraged to provide comment in person at the hearing, or to submit written comments prior to the hearing by sending the comments to Levi Basinger, 10210 E Sprague Ave, Spokane Valley, WA 99206, or email to Ibasinger@spokanevalley.org. Comments will need to be submitted no later than 4:00 PM on December 8, 2022 in order for them to be received and prepared for submission into the record. Comments received will be entered into the record at the time of the public participation portion of the Public Hearing. Comments received through US Mail will be included if they are received prior to the hearing. All interested persons may testify at the public hearing in person or via the zoom meeting address and/or phone number. Interested persons will need to sign up via ZOOM to speak no later than 4:00 p.m. on December 8, 2022 at the link provided in the agenda posted at the link referenced above. Use the link above to sign up for oral public comments. The link will direct you to directions to sign up for oral public comments. This is not an opportunity for questions or discussion. Remarks will be limited to three minutes per person. Written comments and documents may only be submitted prior to the hearing. Any appeal Exhibit 3 of the decision will be based on the record established before the Planning Commission, pursuant to Chapter 17.90 (Appeals) SVMC. Staff Report and Inspection of File: A staff report will be available for inspection seven (7) calendar days before the hearing. The staff report and application file may be inspected by logging on to the Spokane Valley SmartGov Public Portal at this web address: ci-sookanevalley-wa.smartgovcommunity.com/Public/Home. Go to applications and search for STV-2022-0003 to review or download the staff report. If you have any questions, please contact Levi Basinger, Planner, Building & Planning Division, at ]basinger tr,spokanevalley.org. 16t Ave 'Tip um" irripP7 Right-of-way to be vacated Exhibit 4 From: Jerremy Clark To: j_evi Basinger; Ryan Kioa; Shane Arlt; Aaron Clary; Chad Riuus; Gloria Mantz Cc: Bill Helbig; Chaz Bate; Greg Baldwin Subject: RE: Street Vacation Request STV-2022-0003 ©ate: Thursday, October 6, 2022 9:58:07 AM Attachments: image001jon Correction, there is a foundation to an old school zone flashing beacon assembly. The assembly was relocated north of 16th and the old foundation was left in place. Traffic does not plan to remove the foundation if the ROW is vacated, however, there are no objections to the vacation. Please let me know if there are any questions or comments, I appreciate your feedback. Thank you, Jerremy Clark, PE, PTOE I Traffic Engineering Manager Spokane Valley, WA 1509.720.5019 I jdark(a spokanevallev.oret This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, Chapter 42.56 RCW. From: Jerremy Clark Sent: Thur sdrry, October 6, 2022 9:49 AM To: Levi Basiner <lbasinger@spokanevalley.org>; Ryan Kipp <rkipp@spokanevalley.org>; Shane Arlt <sarlt@spokanevalley.org>; Aaron Clary <aclary@spokanevalley.org>; Chad Riggs <criggs@spokanevalley.org>; Gloria Mantz <gmantz@spokanevalley.org> Cc: Bill Helbig <bhelbig@spokanevalley.org>; Chaz Bates <cbates@spokanevalley.org>; Greg Baldwin <gbaldwin@spokanevalley.org>; Ryan Kipp <rkipp@spokanevalley.org> Subject: RE: Street Vacation Request STV-2022-0003 Levi, Traffic does not support this vacation. I am unaware of the timeline, but this portion of ROW appears to have been acquired for the placement of the school zone flashing beacon on University Road. There is currently a school zone flashing beacon assembly installed at this location. Please let me know if there are any questions or comments, I appreciate your feedback. Thank you, Jerremy Clark, PE, PTOE I Traffic Engineering Manager Spokane Valley, WA 1509.720.5019 I jclark(aspokanevalley.org This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, Chapter 42.56 RCW. From: Levi Basinger <Ibasinger(spokanevalley.org> Exhibit 4 Sent: Thursday, October 6, 2022 9:28 AM To: Jerremy Clark <jciarkPspokanevallev.org>; Ryan Kipp <rkiopPsookanevalley.org>; Shane Arlt <sarltftsookanevalley.org>; Aaron Clary <aclarvJsookanevallev.org>; Chad Riggs <criggs(saokanevalley.org>; Gloria Mantz <gmantz(sookanevalley.org> Cc: Bill Helbig <bhelbigPspokanevallev.org>; Chaz Bates <cbates@spokanevalley.org>; Greg Baldwin <gbaldwinC snokanevalIev.org> Subject: Street Vacation Request STV-2022-0003 Hi All, We received a street vacation application (file no. STV-2022-0003) to vacate a 21-square foot portion of public right of way adjacent to University Road, south of 16th Avenue. The ROW of right of way is surrounded on three sides by Parcel No. 45291.0125. See the attached exhibits for additional information. I do not believe staff have had the opportunity to review this vacation prior to application submittal. I am doing due diligence to determine, if this is a vacation of ROW the City would support. In addition, are there any requirements/improvements required to vacate the ROW at preliminary observation? Comments are requested by Tuesday, October 11, if possible. Thank you, Levi Basinger 1 Planner 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5332 l Jbasinger@sookanevallev.org Exhibit 4 From: Billl-lelbiq To: Jerremy Clark; Levi Basinger; Ryan Kim); Shane Arlk; Aaron Clary; Chad Riau$; Gloria Mantz Cc: Chaz Bates; Greg Baldwin Subject: RE: Street Vacation Request STV-2022-0003 Date: Thursday, October 6, 2022 10;40:06 AM Attachments: jmage001.iog Since the area is no longer required by Traffic, I concur with Jerremy. Bill From: Jerremy Clark <jclark@spokanevalley.org> Sent: Thursday, October 6, 2022 9:58 AM To: Levi Basinger <Ibasinger@spokanevalley.org>; Ryan Kipp <rkipp@spokanevalley.org>; Shane Arlt <sarlt@spokanevalley.org>; Aaron Clary <aclary@spokanevalley.org>; Chad Riggs <criggs@spokanevalley.org>; Gloria Mantz <gmantz@spokanevalley.org> Cc: Bill Helbig <bhelbig@spokanevalley.org>; Chaz Bates <cbates@spokanevalley.org>; Greg Baldwin <gbaldwin@spokanevalley.org> Subject: RE: Street Vacation Request STV-2022-0003 Correction, there is a foundation to an old school zone flashing beacon assembly. The assembly was relocated north of 16th and the old foundation was left in place. Traffic does not plan to remove the foundation if the ROW is vacated, however, there are no objections to the vacation. Please let me know if there are any questions or comments, I appreciate your feedback. Thank you, Jerremy Clark, PE, PTOE I Traffic Engineering Manager Spokane Valley, WA 1509.720.5019 I jcLarkCaspokanevalley.orq This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, Chapter 42.56 RCW. From: Jerremy Clark Sent: Thursday, October 6, 2022 9:49 AM To: Levi Basinger <Ibasinger(spokanevalley.org>; Ryan Kipp <rkipp(tsookanevallev.org>; Shane Arlt <sarlt( spokanevalley.org>; Aaron Clary <arlaryPspokanevalley.org>; Chad Riggs <criggs(spokanevallev.org>; Gloria Mantz <pmantzRsookanevalley.org> Cc: Bill Helbig <bhelbigCDspokanevallev.org>; Chaz Bates <cbatesC spokanevalley.org>; Greg Baldwin <gbaldwin(Esookanevallev.org>; Ryan Kipp <rkipDf@spokanevalley.org> Subject: RE: Street Vacation Request STV-2022-0003 Levi, Traffic does not support this vacation. I am unaware of the timeline, but this portion of ROW appears to have been acquired for the placement of the school zone flashing beacon on University Exhibit 4 From: To: Cc: Subject: Date: Attachments: Aaron Clary Levi Basinger Bill Helbiq; Chaz Bates; Greg Baldwin; Jerremv Clark; Ryan Kipp; Shane Arit; Chad Riot's; SI2rba Ma LP; Chad Phlllios RE: Street Vacation Request STV-2022-0003 Thursday, October 6, 2022 11:16:16 AM lmage001,lix Levi- Stormwater has no issues with this street vacation. From: Levi Basinger <Ibasinger@spokanevalley.org> Sent: Thursday, October 6, 2022 9:40 AM To: Jerremy Clark <jclark@spokanevalley.org>; Ryan Kipp <rkipp@spokanevalley.org>; Shane Arlt <sarlt@spokanevalley.org>; Aaron Clary <aclary@spokanevalley.org>; Chad Riggs <criggs@spokanevalley.org>; Gloria Mantz <gmantz@spokanevalley.org> Cc: Bill Helbig <bhelbig@spokanevalley.org>; Chaz Bates <cbates@spokanevalley.org>; Greg Baldwin <gbaldwin@spokanevalley.org> Subject: RE: Street Vacation Request STV-2022-0003 Hi All, I realized I will be absent on October 11, so if you are able, please provide your comments to me by Monday, October 10. I apologize for the short notice. Thank you, Levi Basinger 1 Planner 10210 E. Sprague Avenue 1 Spokane Valley, WA 99206 (509) 720-5332 I Ibasinger@sookanevalley.ore From: Levi Basinger Sent: Thursday, October 6, 2022 9:28 AM To: Jerremy Clark <jclarkftsookanevalley.org>; Ryan Kipp <rkiopftspokanevalley.org>; Shane Arlt <5arlt@spokanevalley.org>; Aaron Clary <aclaryPspokanevallev.org>; Chad Riggs <criggs@5pokanevalley.org>; Gloria Mantz <gmantz@spokanevalley.org> Cc: Bill Helbig <bhelbigfcasookanevalley,org>; Chaz Bates <cbatesftspokanevalley.org>; Greg Baldwin <gbaldwjofa'spokanevalley,orR> Subject: Street Vacation Request STV-2022-0003 Exhibit 4 From: Gloria Mantz To: Levi Basinaer Subject: RE: Street Vacation Request STV-2022-0003 Date: Thursday, October 6, 2022 11:21:45 AM Attachments: jmaae001.nnq image002.inq Hi Levi, as discussed I support this vac From: Chad Riggs <criggs@spokanevalley.org> Sent: Thursday, October 6, 2022 11:11 AM To: Levi Basinger <Ibasinger@spokanevalley.org>; Jerremy Clark <jciark@spokanevalley.org>; Ryan Kipp <rkipp@spokanevalley.org>; Shane Arlt <sarlt@spokanevalley.org>; Aaron Clary <aclary@spokanevalley.org>; Gloria Mantz <gmantz@spokanevalley.org> Cc: Bill Helbig <bhelbig@spokanevalley.org>; Chaz Bates <cbates@spokanevalley.org>; Greg Baldwin <gbaldwin @spokaneval Iey.org> Subject: RE: Street Vacation Request STV-2022-0003 Levi, DE supports this street vacation. Thank you, Chad Riggs, P.E. I Senior Engineer 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5033 1 criggs@spokanevalley.org This email and any attachments may be subject to disclosure pursuant to Washington States Public Record Act, Chapter 42.56 RCW. From: Levi Basinger <JbasingerCspokanevalley.org> Sent: Thursday, October 6, 2022 9:28 AM To: Jerremy Clark <jclark@spokanevallev.org>; Ryan Kipp <rkipp@spokanevallev.org>; Shane Arit <sarltPspokanevallev,org>; Aaron Clary <aclaryCtspokanevalley.org>; Chad Riggs <crivgsPspokanevalley.org>; Gloria Mantz <gmantzPspokanevaliev.org> Cc: Bill Helbig <bhelbigc spokanevalley.org>; Chaz Bates <cbatesPspokanevallev.org>; Greg Baldwin <gbaldwinlspokanevalley.org> Subject: Street Vacation Request STV-2022-0003 Hi All, Exhibit 4 From: Shane Arlt To: l_evi Basinger Subject: RE: Street Vacation Request STV-2022-0003 Date: Thursday, October 6, 2022 12:36:51 PM Attachments: Imaae001.ipg No issues with the vacation from Street maintenance. Shane From: Levi Basinger <Ibasinger@spokanevalley.org> Sent: Thursday, October 6, 2022 9:28 AM To: Jerremy Clark <jclark@spokanevalley.org>; Ryan Kipp <rkipp@spokanevalley.org>; Shane Arlt <sarlt@spokanevalley.org>; Aaron Clary <aclary@spokanevalley.org>; Chad Riggs <criggs@spokanevalley.org>; Gloria Mantz <gmantz@spokanevalley.org> Cc: Bill Helbig <bhelbig@spokanevalley.org>; Chaz Bates <cbates@spokanevalley.org>; Greg Baldwin <gbaldwin@spokanevalley.org> Subject: Street Vacation Request STV-2022 -0003 Hi All, We received a street vacation application (file no. STV-2022-0003) to vacate a 21-square foot portion of public right of way adjacent to University Road, south of 16th Avenue. The ROW of right of way is surrounded on three sides by Parcel No. 45291.0125. See the attached exhibits for additional information. I do not believe staff have had the opportunity to review this vacation prior to application submittal. I am doing due diligence to determine, if this is a vacation of ROW the City would support. In addition, are there any requirements/improvements required to vacate the ROW at preliminary observation? Comments are requested by Tuesday, October 11, if possible. Thank you, Levi Basinger 1 Planner 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5332 I Ibasinger@snokanevalley.org Exhibit 5 From: To: Subject: Date: Attachments: Lange, Connor Levi Basinger RE: [External] STV-2022-0003 Agency Review Routing Wednesday, October 26, 2022 4:18:01 PM imaae001,ioa [EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening attachments or clicking links. Avista has no facilities within the area to be vacated and no additional comments. Thank you From: Levi Basinger <Ibasinger@spokanevalley.org> Sent: Wednesday, October 26, 2022 3:59 PM To: Bill Helbig <bhelbig@spokanevalley.org>; Chad Phillips <cphillips@spokanevalley.org>; Jerremy Clark <jclark@spokanevalley.org>; Shane Arlt <sarlt@spokanevalley.org>; Austin Morrell <MorrellA@SpokaneValleyFire.com>; Traci (HarveyT@SpokaneValleyFire.com) <HarveyT@spokanevalleyfire.com>; planningactions@spokanecounty.org; Paul Savage <psavage@srhd.org>; mrehfeldt@spokanetransit.com; Justin Van Dyke <jvandyke@scwd3.org>; rickaneal@gmail.com; Lange, Connor <Connor.Lange@avistacorp.com>; Weingart, LuAnn <LuAnn.Weingart@avistacorp.com>; bryanrichardson@cable.comcast.com; Stoddard, Karen <Karen.Stoddard@lumen.com> Cc: Chaz Bates <cbates@spokanevalley.org> Subject: [External] STV-2022-0003 Agency Review Routing All, Please review the attached application material for a proposed street vacation (file no. STV-2022- 0003) of a 21-square foot piece of right of way adjacent to University Road south of 16th Avenue. Submit your written comments that include any conditions or easements required to preserve utilities or access. COMMENT PERIOD ENDS: Wednesday, November 9, 2022 @ 5:00 p.m. If you have any questions, please do not hesitate to contact me. Levi Basinger 1 Planner 10210 E. Sprague Avenue 1 Spokane Valley, WA 99206 (509) 720-5332 I ]basinger@spokanevalley.org Exhibit 5 From: Justin Van Duke To: Levi Basinger Subject: RE: STV-2022-0003 Agency Review Routing Date: Thursday, October 27, 2022 8:34:30 AM Attachments: Jmage002.onq Jmaae003.ioq [EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening attachments or clicking links. No utilities for Spokane County Water District No. 3 will be impacted through the proposed street vacation and therefore is recommended for approval. Thank you, 110 From: Levi Basinger <Ibasinger@spokanevalley.org> Sent: Wednesday, October 26, 2022 3:59 PM To: Bill Heibig <bhelbig@spokanevalley.org>; Chad Phillips <cphillips@spokanevalley.org>; Jerremy Clark <jclark@spokanevalley.org>; Shane Arlt <sarlt@spokanevalley.org>; Austin Morrell <MorrellA@SpokaneValleyFire.com>; Traci (HarveyT@SpokaneValleyFire.com) <HarveyT@spokanevalleyfire.com>; planningactions@spokanecounty.org; Paul Savage <psavage@srhd.org>; mrehfeldt@spokanetransit.com; Justin Van Dyke <jvandyke@scwd3.org>; rickaneal@gmail.com; Connor.Lange@avistacorp.com; luann.weingart@avistacorp.com; bryan_richardson@cable.comcast.com; Stoddard, Karen <Karen.Stoddard@lumen.com> Cc: Chaz Bates <cbates@spokanevalley.org> Subject: STV-2022-0003 Agency Review Routing All, Please review the attached application material for a proposed street vacation (file no. STV-2022- 0003) of a 21-square foot piece of right of way adjacent to University Road south of 16th Avenue. Submit your written comments that include any conditions or easements required to preserve utilities or access. COMMENT PERIOD ENDS: Wednesday, November 9, 2022 @ 5:00 p.m. If you have any questions, please do not hesitate to contact me. Exhibit 5 From: Stoddard, Karen To: Level Basincier Subject: RE: STV-2022-0003 Agency Review Routing Date: Thursday, October 27, 2022 3:46:41 PM Attachments: Jmaae002.ioq jr_page004.jnq imaae001.iaq [EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening attachments or clicking links. Levi, Lumen doesn't have any facilities in the proposed street vacation and we have no objections to the proposed vacation. Thanks, Karen Karen Stoddard Capacity Provisioning Specialist 1020 E Cataldo Ave, Spokane, WA 99202 tel: 509-666-8534 Karen.Stoddardelumen,com From: Levi Basinger <Ibasinger@spokanevalley.org> Sent: Wednesday, October 26, 2022 3:59 PM To: Bill Helbig <bhelbig@spokanevalley.org>; Chad Phillips <cphillips@spokanevalley.org>; Jerremy Clark <jclark@spokanevalley.org>; Shane Arlt <sarlt@spokanevalley.org>; Austin Morrell <MorrellA@SpokaneValleyFire.com>; Traci (HarveyT@SpokaneValleyFire.com) <HarveyT@spokanevalleyfire.com>; planningactions@spokanecounty.org; Paul Savage <psavage@srhd.org>; mrehfeldt@spokanetransit.com; Justin Van Dyke <jvandyke@scwd3.org>; rickaneal@gmail.com; Connor,Lange@avistacorp.com; luann.weingart@avistacorp.com; bryan_richardson@cable.comcast.com; Stoddard, Karen <Karen.Stoddard@lumen,com> Cc: Chaz Bates <cbates@spokanevalley.org> Subject: STV-2022-0003 Agency Review Routing All, Please review the attached application material for a proposed street vacation (file no. STV-2022-0003) of a 21-square foot piece of right of way adjacent to University Road south of 16th Avenue. Submit your written comments that include any conditions or easements required to preserve utilities or access. COMMENT PERIOD ENDS: Wednesday, November 9, 2022 @ 5:00 p.m. Exhibit 5 To Ibasinger@spokanevalley.org From: Andrew Cripps Date: 10/28/2022 Subject: STV-2022-0003 Project Name: Stage: Vacation of ROW/Street Description: Vacate 21 SF piece of public right of way Site Address: The Spokane County Public Works Wastewater FA01 System Division has no objection to the finalization of the above mentioned project. If your project requires a sewer plan submittal, please refer to the requirements here: • Development Plan Review Checklist Additional General Commercial Sewer information can be found here: • General Commercial Sewer Info 1 Water Usage Estimate Form Sewer Planning and Design webpage • Sewer Planning & Design Meeting Minutes Spokane Valley Planning Commission Council Chambers — City hall November 10, 2022 I. Planning Commission Chairman McKinley called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners, staff, and audience stood for the Pledge Of Allegiance III. Administrative Assistant Marianne Lemons took attendance, and the following members and staff were present: Fred Beaulac Susan Delucchi Karl Granrath Walt Haneke Bob McKinley Nancy Miller Sherri Robinson Tony Beattie, City Senior Deputy Attorney Chaz Bates, Planning Manager Martin Palaniuk, Associate Planner Levi Basinger, Planner Nikki Cole, IT Specialist Marianne Lemons, Administrative Assistant IV. AGENDA: Comrrrissioner- Robinson made a motion to amend the agenda of November 10, 2022 to have Study Session B before Study Session A. There was no discussion. The vote on the motion was seven in favor, zero against and the notion passed. V. MINUTES: Commissioner Granrath moved to approve the October 13, 2022 minutes as presented. There was no discussion. The vote on the motion was seven in favor, zero against and the motion passed. VI. COMMISSION REPORTS: Commissioner Delucchi reported that the original Veradale post office has been torn down. VII. ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported City Hall will close on November 23, 2022 at noon and will be closed for the entixe day on December 23' 2022. He also reported that there will be one city -initiated comprehensive plan amendment that will be submitted to City Council for review during 2023. City Attorney Beattie stated that he researched the possibility of moving the Planning Commission meetings from Thursday to Wednesday and determined that it was not advisable to move the meetings. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: 11-10-2022 Planning Commission Minutes Paget of 4 a. Study Session: STV-2022-0003 - Privately initiated street vacation request to vacate 2 L square feet of public right-of-way adjacent to University Road. Planner Basinger presented a staff report. He stated that the piece of public right-of-way (ROW) is located west of and adjacent to University Road and is approximately 170-feet south of the intersection with 16t1i Avenue. The subject piece of ROW measures approximately 4.5 feet east/west by 5 feet north/south. Mr. Basinger explained that the ROW was dedicated to the City of Spokane Valley by Spokane County pursuant to Spokane County Resolution No. 11-0698 in 2011 for the purpose of placing a school zone flashing beacon in this location. According to the resolution, the county engineer deemed it in the best interest of the public to place the beacon upon be a part of the road ROW. The beacon assembly has since been relocated to north of 161h Avenue and only the foundation for the assembly remains on the site. • Other than the foundation for the former assembly, the tight -of -way is unimproved. The right-of-way is not being used and is not needed by the City. The subject ROW and foundation for the former flashing beacon are located behind the existing sidewalk and behind the existing storm drains within University Road. The City does not plan to remove the foundation if the right-of-way is vacated. There are also no identified utility lines or easements that pass through the piece of right-of-way in question. Mr. Basinger said that the ROW is adjacent to parcel #45291.0125 on three sides. The parcel is owned by Ann S. Easterly 2018 Living Trust, who is also the owner of the adjacent parcel to the north, at the southwest corner of 16t1i Avenue and University Road. The property owner has requested the 21-square feet of right-of-way be vacated and aggregated into the adjacent property because it no longer serves a public purpose. Mr. McKinley asked if the removal of the foundation will be the responsibility of the property owner. Mr. Basinger responded that it will be their responsibility if they decide to remove it. The public hearing will be held at the December 10, 2022 Planning Cotnmission meeting. b. Study Session: CTA-2022-0003 — Privately Initiated Map Amendments Update Associate Planner Martin Palaniuk gave a staff report. He stated that CTA-2022-0003 is a city -initiated code text amendment to revise Chapter 19.30 of the Spokane Valley Municipal Code (SVMC) as it relates to privately initiated site -specific Comprehensive Plan land use map amendments and privately initiated site -specific zoning map amendments. The proposed regulation would identify additional criteria that would be "considered" when reviewing the proposed map amendments. Mr. Palaniuk explained that there is a planning concern regarding the intrusion of more intense land uses into areas of less intense uses. The cause of this concern is because the SVMC does not identify criteria for approving a change to the land use designation map and the criteria for zoning map amendments allows land use changes when adjacent to the same or higher zoning classification. However, the code does not define the word "higher" regarding zoning classifications. The code also includes "corner touches" and allows crossing right-of-way. Mr. Palaniuk explained that the City has a Comprehensive Plan Land Use Designation Map which identifies the different land uses throughout the community. Each of the uses are implemented through the Zoning Map. These maps generally look the same, except for Single -Fancily Residential (SFR). Comprehensive Plan Map Amendments are only allowed one time per year. The decision authority is the City Council. Changes to the Comprehensive Plan Land Use Map automatically require a zoning 1 I-10-2022 Planning Commission Minutes Page 3 of 4 map amendment because the two maps must be consistent. Therefore, both map amendments arc done concurrently. Mr. Palaniuk stated that Zoning Map Amendments must be consistent with the Comprehensive Plan land use designation. They can be requested at any time (unless a Comprehensive Plan Map amendment is required as well). The decision authority is the Spokane Valley Hearing Examiner. Changes to the zoning map may or may not require a Comprehensive Plan Land Use Map amendment. Any change other than a residential zone requires a change to the Comprehensive Plan land use map. Mr. Palaniuk said that the proposed code text language would develop criteria to "consider" for privately initiated site -specific Comprehensive Plan Map Amendments that include the following: • The effect on surrounding land use and traffic circulation • The existence of logical boundaries • Avoids creating peninsulas or protrusions into different land use zones • Meets all zoning map amendment criteria. Mr. Palaniuk stated that the proposed code text language would also develop criteria for site -specific zoning map amendments that include the following: • Avoiding protrusions into different zoning districts • Considers boundaries and barriers • States that properties must be adjacent to and contiguous to a similar zoning district • Defines "similar" as allowing substantially similar uses or density. Mr. Palaniuk explained that the existing regulations for Comprehensive Plan Map Amendments state that changes can only occur once per year, except for limited circumstances. The proposed regulations will keep the current existing regulations and add the following considerations: • The effect on surrounding land uses and transportation circulation • Avoid allowing changes that extend across freeways, highways, & railroads • Avoid changes that create peninsulas or intrusions • Changes would follow rezoning criteria. Mr. Palaniuk stated that the existing regulations for the zoning map criteria state the following: • Concurrency • Consistent with the comprehensive plan • Substantial relation to public health • Is needed for comprehensive plan goals • Adjacent to a higher zone • Cannot be detrimental to surrounding properties • Must have community wide benefit. Mr. Palaniuk said that the proposed regulations will keep all the current existing regulations except for "adjacent to a higher zone" and would add the following: • Must avoid creating peninsulas or intrusions • Must consider right-of-way, river, and railroad corridors • Must be adjacent to a substantially similar zoning district Mr. Palaniuk stated that the public hearing will be held on December 8, 2022, Commissioner Beaulac asked about provisions and cooperation between entities for properties that are adjacent to County properties. Mr. Palaniuk answered that most of the adjacent properties have already 1 I-10-2022 Planning Commission Minutes Page 4 of 4 been given zoning designations and are outlined in the Urban Growth Area map. Mr. Bates stated that the City and the County works together on coordination of growth in those areas. Commissioner Haneke expressed concern about the necessity of the proposed changes and if they were really needed. IIe commented that the changes could limit growth in the Valley and take away the property owners rights to develop their property. He feels that the current regulations have enough restrictions for approval decisions to be made. Commissioner Delucchi commented that she thinks these changes could help preserve historic neighborhoods in the City. A short recess was called at 7:02 p.m. The meeting was called back to order at 7:06. X. GOOD OF THE ORDER: There was nothing offered for the Good Of The Order. XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 7:07p.m. The vote on the motion was seven in favor, zero against and the motion passed. Sherri Robinson Vice -Chairman Date Signed Marianne Lemons, Secretary Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall December 8, 2022 1. Planning Commission Vice -Chair Robinson called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners, staff, and audience stood for the Pledge Of Allegiance III. Administrative Assistant Marianne Lemons took attendance, and the Following members and staff were present: Fred Beaulac Susan Delucchi Karl Granrath Walt Haneke, absent Bob McKinley, absent Nancy Miller Sherri Robinson Tony Beattie, City Senior Deputy Attorney Chaz Bates, Planning Manager Martin Palaniuk, Associate Planner Levi Basinger, Planner Greg l3ingamin, IT Specialist Marianne Lemons, Administrative Assistant There was consensus from the Planning Commission to excuse Commissioner McKinley and Commissioner McKinley. IV. AGENDA: Col;unis.sioner Delucchi rna(le (i motion to approve the agenda of the December 8, 2022 meeting as presentee!. There was no discussion. The vote on the inolio» was five infirm'', zero against and the motions passel V. MINUTES: Commissioner Beaulac moved to approve the November 10, 2022 minutes as presented. There was no discussion. The vote on the motion was five in favor, zero against and the motion passed, VI. COMMISSION REPORTS: There were no Commissioner reports. VII. ADMINISTRATIVE REPORT: Planning Manager reminded the Planning Commission that there will be a meetintz on December 22, 2022. Vlll. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: a. Public hearing: STV-2022-0003 - Privately initiated street vacation request to vacate 21 square feet of public right-of-way adjacent to University Road. 12-08-2022 Planning Cnnllnission Munites Pagc 2 of5 The public hearing was opened at 6:05 p.m. Planner Basinger presented a staff report. He stated that the piece of public right-of-way (ROW) is located west of and adjacent to University Road and is approximately 170-feet south of the intersection with 16°' Avenue. The subject piece of ROW measures approximately 4.5 feet cast/west by 5 feet north/south. Mr. Basinger reported that notice of the public hearing was posted at the area to be vacated and in three places throughout the City. Written notice of the hearing was mailed to the property owner of the abutting property and notice was published in the Valley Herald on two occasions. Mr. Basinger explained that the ROW was dedicated to the City of Spokane Valley by Spokane County pursuant to Spokane County Resolution No. I 1-0698 in 2011 for the purpose of placing a school zone flashing beacon in this location. According to the resolution, the county engineer deemed it in the best interest of the public to place the beacon upon be a part of the road ROW. The beacon assembly has since been relocated to north of 16th Avenue and only the foundation for the assembly remains on the site. Other than the foundation for the Dormer assembly, the right-of-way is unimproved. The right-of-way is not being used and is not needed by the City. The subject RE..)\V and foundation for the former flashing beacon are located behind the existing sidewalk and behind the existing storm drains within University Road. The City does not plan to remove the foundation lithe right-of-way is vacated. There are also no identified utility lines or easements that pass through the piece of right-of-way in question. Mr. Basinger stated that staff has reviewed the approval criteria and has the determined the following: • The vacation will better serve the public by reducing the Cities maintenance obligations and allowing full development of the private property . • The ROW is not required for public use or public access. • There is no need to substitute a new or different public ROW • The City does not anticipate that conditions will change in the future requiring use of the ROW. • The City has not received any objections from the public or agencies. There was no public comment offered. The public hearing was closed at 6:12 p.m. C'oninri vsioner Hiller moved to reconmtend approval ()Pile proposed street vacation ST7-2022-0003 to the c 'ir.v Council srrhfaci to all staff canlitinns. There was no discussion. The vote on the motion was five Miami', zero against and the motion passed. ib. Study Session: CTA-2022-0003 — Privately initiated Map Amendments Update The public hearing was opened at 6:14 p.m. Associate Planner Martin Palaniuk gave a staff report. He states) that CTA-2022-0003 is a city -initiated code text amendment to revise Chapter 19.30 of the Spokane Valley Municipal Code (SVMC) as it relates to privately initialed site -specific Comprehensive Plan land use map amendments and privately initiated site -specific Xining map amendments. The proposed regulation would identify additional criteria that would be "considered" when reviewing the proposed map amendments, Mr. Palaniuk explained that there is a planning concern regarding the intrusion of more intense land uses into areas of less intense uses. The cause of this concern is because the SVMC does not identify 12-08-2022 Nanning Commission Minutes Page 3 or criteria for approving a change to the hind use designation map and the criteria for zoning map amendments allows land use changes when adjacent to the same or higher zoning classification. However, the code does not define the word "higher" regarding zoning classifications. The code also includes "corner touches" and allows crossing right-of-way. Mr. Palaniuk explained that the City has a Comprehensive Plan 1.<tnd Use Designation Map which identifies the different land uses throughout the community. Comprehensive Plan Map Amendments are only allowed one time per year. The decision authority is the City Council. Changes to the Comprehensive Plan Land Use Map automatically require a zoning map amendment because the two maps must be consistent. Therefore, both map amendments are done concurrently. Mr. Palaniuk stated that Zoning Map Amendments must be consistent with the Comprehensive Plan land use designation. They can be requested at any time (unless a Comprehensive Plan Map amendment is required as well). The decision authority is the Spokane Valley 1 leaning Examiner. Changes to the zoning map may or may not require a Comprehensive Plan ,and Use Map amendment. Any change other than a residential zone requires a change to the Comprehensive Plan land use map. Mr. Palaniuk said that the proposed code text language would develop criteria to "consider" for privately initiated site -specific Comprehensive Plan Map Amendments that include the following: • The effect on surrounding land use and traffic circulation. • The existence of logical boundaries. • Avoids creating peninsulas or protrusions into different land use zones. • Meets all zoning map amendment criteria. Mr. Palaniuk stated that the proposed code text language would also develop criteria for site -specific zoning map amendments that include the following: • Avoiding creating or enlarging peninsulas, islands, or protrusions into different zoning districts. • Considers logical boundaries and barriers such as the river, the railroad, or the interstate. Mr. Palaniuk explained that the existing regulations for Comprehensive Plan Map Amendments state that changes can only occur once per year, except for limited circurnstances. The proposed regulations will keep the current existing regulations and add the following considerations: • The effect on surrounding land uses and transportation circulation. • Avoid allowing changes that extend across freeways, highways, & railroads, • Avoid changes that create peninsulas or intrusions • Changes would follow rezoning criteria. Mr. Palaniuk stated that the existing regulations for the zoning chap criteria state the following: • Concurrence • Consistent with the comprehensive plan • Substantial relation to public health • Is needed for comprehensive plan goals • Adjacent to a higher zone • Cannot be detrimental to surrounding properties • Must have community wide benefit. Mr. Palaniuk said that the proposed regulations will keep all the current existing regulations except for "adjacent to a higher zone" and would add the following: • Must avoid creating peninsulas or intrusions 12-08-2022 Planning Commission Mimiles Page 4 of 5 • Must consider right-of-way, river, and railroad corridors • Must be adjacent to a substantially similar zoning district Public Comment: Linda Klesch (Spokane Valley) stated that she is in support of the amendment. She said that she would like to see the City maintain traditional historic neighborhoods and keep lark developments from coaling in and changing those neighborhoods. The public hearing was closed at 6:37 p.m. Conlnaission Miller moved to recommend approval of'(.'l:1-2022.0003 to the City ('olrncil hosed on the findings presented in the staff report. There was no discussion. The vote on the mono') was live i1r favor, zero against cwcl the motion passed. e. Study Session: CTA-2022-0004 — Storrnwater A'lanagensent Regulations Update Engineering Manager Adam Jackson gave a staff presentation. Ile stated that the Washington Dept of Ecology defines stormwater as rain and snow melt that runs off rooftops, paved streets, highways, and parking lots. Uncontrolled stormwater runoff can collect pollutants and harm the environment. Ecology issues various federal and state permits to control surface and groundwater pollution. The City's Stormwater Utility exists to ensure compliance with those applicable permits. Mr. Jackson explained that the Ecology's permitting process requires a Municipal Separate Storm Sewer System (MS4). To maintain compliance with the MS4, the City is required to update code text in the SVMC with specific language set forth by Ecology. Stormwater Engineer Chad Phillips explained that the proposed amendment will apply to three sections of the code. The change needs to include language in the illicit discharge section, the construction site stormwater water run-off controls section, and the post construction stormwater management section. Mr. Phillips explained that the change to the illicit discharge section will include an expanded list of exempted discharges, a list of conditionally exempt discharges, and an amendment for private property prevention of illicit discharge. There will also he an addition or a declaration of violation and an enforcement process and procedure. Mr. Phillips explained that the construction site stormwater run-off controls section and the post construction stormwater management section will include language regarding inspections on private property. There are conditions within the permit that the City inspect stormwater facilities every five years. Mr. Jackson stated that the public hearing will be held on January 12, 2023. Commissioner Robinson asked if displacement from new development is regulated by the amended codes. Mr. Jackson responded that the Cities development regulation suuidards and flood plain development permits that address that type of water run-off. Commission Robinson asked if stormwater filters into the sewer system. Mr. Phillips explained that the City uses other types of filtration and systems to keep stormwater from overflowing the sewer system. Commissioner t3eaulac asked the process for reporting stormwater run-off violations. Mr. Phillips answered that residents should contact the City and the City will start the process to determine ifa violation has occurred. 12-0 -2022 Planning Commission Minutes Page 5 ol5 Commissioner Delucchi asked who maintains the dry wells. Mr. Jackson responded that dry wells in the public ROW are the responsibility ofthe City. Dry wells on private property are the responsibility of the property owner. However, the ('itv does have an inspection program and maintenance/clean-up process. X. GOOD OF THE ORDER: Commissioner Robinson reported that she will not be able to attend the meeting on December 22, 2022. XI. ADJOURNMENT: Commissioner 13eau1ac moi'cd to adjourn the meeting at 7;13 pan, The vote on the motion was,flve i!? favor, Zero against and the motion passed. Bob McKinley, Chairman Marianne Lemons, Secretary Date Signed Meeting Minutes Spokane Valley Planning Commission Council Chambers — City Hall December 22, 2022 I. Planning Commission Chair McKinley called the meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. II. The Commissioners, staff, and audience stood for the Pledge Of Allegiance III. Administrative Assistant Marianne Lemons took attendance, and the following members and staff were present: Fred Beaulac Susan Delucchi Karl Granrath Walt Haneke Bob McKinley Nancy Miller Sherri Robinson, absent Tony Beattie, City Senior Deputy Attorney Chaz Bates, PIanning Manager Martin Palaniuk, Associate Planner Levi Basinger, Planner Greg Bingamin, IT Specialist Marianne Lemons, Administrative Assistant There was consensus from the Planning Commission to excuse Commissioner Robinson. IV. AGENDA: Commissioner Beaulac made a motion to approve the agenda of the December 22, 2022 meeting as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. V. MINUTES: Commissioner Beaulac moved to approve the December 8, 2022 minutes as presented There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. VI. COMMISSION REPORTS: Commissioner Haneke reported that the recorded meeting was very hard to hear. VII. ADMINISTRATIVE REPORT: VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: a. Findings Of Fact: STV-2022-0003 - Privately initiated street vacation request to vacate 21 square feet of public right-of-way adjacent to University Road. DRAFT 12-08-2022 Planning Commission Minutes Page 2 of 2 Commissioner Haneke moved to approve the Findings of Fact for the proposed street vacation STV- 2022-0003 as presented. There was no discussion. The vote on the motion was six in favor, zero against and the motion passed. b. Findings of Fact: CTA-2022-0003 — Privately Initiated Map Amendments Update Commission Miller moved to approve the Findings of Fact for CTA-2022-0003 as presented. There was no discussion. The vote on the motion was five in favor, one opposed with Commisser Haneke voting in opposition and the motion passed. X. GOOD OF THE ORDER: Commissioner Beaulac thanked the Commission for his time serving on the Commission. XI. ADJOURNMENT: Commissioner Beaulac moved to adjourn the meeting at 6:15 p.m. The vote on the motion was five in favor, zero against and the motion passed. Bob McKinley, Chairman Date Signed Marianne Lemons, Secretary DRAFT CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 17, 2023 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 Ordinance 23-002 — Amending chapter 2.65 SVMC (Credit Card Use) GOVERNING LEGISLATION: Chapter 2.65 SVMC. PREVIOUS COUNCIL ACTION TAKEN: Chapter 2.65 SVMC was adopted in 2003, amended in 2007, and further amended in 2015 by Ordinance 15-021 with no revisions since then. Administrative Report on January 10, 2023, where Council gave consensus to place this item on a future agenda for a first reading. BACKGROUND: When amended in 2015, the threshold for credit limits was $10,000 per card and account. Several times during the year, some of our credit accounts approach this limit and hinder the City from conducting normal business. This is especially true during the winter months when fuel costs on our credit accounts for winter operations hover around the limit. Increasing the codified credit limit from $10,000 to $25,000 provides adequate limits required for approving the normal operations in the purchase of necessary goods, equipment, and supplies, while still providing oversight and direction from department heads and the City Manager in an amount consistent with the City's operations. OPTIONS: Move to waive the rules and adopt; or Move to advance the ordinance to a second reading, or take other action as appropriate. RECOMMENDED ACTION OR MOTION: Move to waive the rules and adopt Ordinance 23-002 amending Spokane Valley Municipal Code 2.65 BUDGET/FINANCIAL IMPACTS: None anticipated. Expenditures associated with credit card purchases will still follow the City's purchase and approval policies. STAFF CONTACT: Bill Helbig, PE — Community & Public Works Director. ATTACHMENTS: Proposed Ordinance 23-002 amending chapter 2.65 SVMC. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 23-002 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE CHAPTER 2.65 RELATING TO CREDIT ACCOUNTS AND CREDIT CARDS, AND OTHER MATTERS RELATING THERETO WHEREAS, the City strives to balance efficiency and proper oversight of City funds through its purchase order procedure; and WHEREAS, credit accounts and credit cards are currently utilized for the purchase of goods, equipment, and supplies; and WHEREAS, the credit account and credit card thresholds of $10,000 were established in 2015 and an increase in the credit threshold to $25,000 would keep pace with City operations while also maintaining responsible oversight of spending; and NOW THEREFORE the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to increase the credit account limit using credit cards from $10,000 to $25,000 for the purchase of such goods, equipment, and supplies with outside entities. Section 2. Chapter 2.65 Spokane Valley Municipal Code is hereby amended as follows: 2.65.010 Definitions. A. As used in this chapter, the term "credit card" means a card or device issued under an arrangement pursuant to which the issuer (credit card company) gives the City the option to obtain credit from the issuer, usually at the point of sale. B. As used in this chapter, the term "credit account" means an account established with a vendor under an arrangement whereby the vendor extends to the City the option to obtain credit to purchase goods from the vendor prior to payment. C. As used in this chapter, the term "city manager" means the city manager or designee. 2.65.020 Issuance, use and control of credit cards. The City adopts the following system for the issuance, use, and control of credit cards by City officials and employees. A. The city manager is authorized to obtain City credit cards under the following system, which provides for the distribution, authorization, control, credit limits, and payment of bills through the use of the credit cards by City officials and employees. 1. Issuance and Use. Credit cards may be issued to the City of Spokane Valley and used by City officials and authorized employees for purchasing goods, supplies, and other items from vendors or incurring registration, training, or travel expenses in connection with the performance of their duties on behalf of the City. Ordinance 23-002 Credit Card Use Page 1 of 3 DRAFT 2. Authorization and Control. Upon authorization from the city manager, City employees may obtain credit cards from the city manager who shall maintain a ledger of the individual receiving the credit card, including the date the card was received. City council members may obtain credit cards from the city manager. The city manager shall implement accounting controls to ensure the proper use of credit cards and credit card funds. 3. Credit Limits. The credit limit shall not exceed $10,00025.000 per card. 4. Payment of Bills. The city manager shall establish a procedure for the prompt payment of all credit card bills on or before the due date. 5. Unauthorized Charges. No official or employee shall use the City -issued credit card for non - City business purposes. No charge(s) shall exceed amounts established and available in the City budget. 6. Cash Advances. Cash advances on credit cards are prohibited. B. Expenses incident to authorized travel may be charged to a City -issued credit card provided the official or employee returns to the City with credit card receipts in accordance with the City travel policies and procedures. An expense reimbursement form is also required. If certain credit charges are disallowed as a result of audit or City policy, such charge shall be repaid to the City, with the City having the right to withhold funds payable to the official or employee up to the amount of the disallowed charge including interest at the rate charged by the credit card company. C. The city manager is authorized to revoke the use of any credit card issued and immediately require the surrender of the credit card. D. The city manager is authorized to adopt any additional rules or policies necessary to implement these provisions. 2.65.030 Establishment, use, and control of credit accounts. The City adopts the following system for the establishment, use, and control of credit accounts by City employees: A. The city manager is authorized to establish City credit accounts under the following system, which provides for the authorization, control, credit limits, and purchase of goods through the use of the credit accounts by City employees: 1. Establishment and Use. Credit accounts may be established by the City of Spokane Valley and used by City authorized employees for purchasing goods, equipment, and supplies from vendors for City purposes. 2. Authorization, Application, and Control. Upon authorization from the department director, City employees may apply to vendors to establish credit accounts. All applications shall be signed by the city manager. The city manager shall implement accounting controls to ensure the proper use of credit accounts. 3. Credit Limits. The credit limit shall not exceed $10,000$25,000 per account. 4. Payment of Bills. The city manager shall establish a procedure for the prompt payment of all credit account bills on or before the due date. All credit account bills shall be paid within the same fiscal year in which the bill was incurred. Ordinance 23-002 Credit Card Use Page 2 of 3 DRAFT 5. Unauthorized Charges. No employee shall use a City credit account for non -City business purposes. No charge(s) shall exceed amounts established and available in the City budget. B. The city manager is authorized to suspend the use of any credit account or to suspend any employee from using credit account(s). C. The city manager is authorized to adopt any additional rules or policies necessary to implement these provisions. Section 3. Severability. If any section, sentence, clause, or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 4. Effective Date. This Ordinance shall become effective five days after publication of the ordinance, or a summary thereof, in the official newspaper of the City. Adopted this day of January, 2023. ATTEST: CITY OF SPOKANE VALLEY Christine Bainbridge, City Clerk Pam Haley, Mayor Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 23-002 Credit Card Use Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 17, 2023 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: Registration of City domain name GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: January 11, 2023, Council consensus to bring back as motion consideration BACKGROUND: Internet domain names are used to identify businesses, individuals, non-profit organizations and government organizations across the Internet. The City of Spokane Valley domain name is currently spokanevalley.org. This is used for website and email identification. The top-level domain for U.S. based government organizations is ".gov" ("dot gov"). The ".gov" domain is more secure and helps make it difficult for malicious actors and scammers to co-opt government websites and email communication. The ".gov" domain also sends a message to citizens that the domain is legitimate, secure, and trusted. A ".gov" domain must uniquely identify the entity. Staff are proposing to register for a ".gov" domain name for Spokane Valley. The proposed domain would be "Spokanevalleywa.gov" and would uniquely identify the City of Spokane Valley while fitting the formatting requirements of the domain registrar. To request a domain name, an authorization letter must be provided by the highest elected official in the organization. Once the letter is drafted, it will be submitted for review and available for use within approximately 20 days. If Council authorizes the City to register a new domain name, the new domain would not be implemented until the new City website becomes active. At that time, there would be an opportunity to combine rolling out the new website along with the new domain name. Further, if the City receives a new domain name, the City will retain the rights to the current domain name and anyone searching for or emailing the existing domain would continue to be routed to the new "spokanevalleywa.gov" domain, so there would be no disruption or loss of service for citizens. Staff are seeking Council approval to authorize the Mayor to sign and submit the authorization letter and for staff to register the "spokanevalleywa.gov" domain name. OPTIONS: Move to authorize the Mayor to sign and submit the authorization letter and for staff to register the proposed domain name; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to authorize the Mayor to sign and submit the authorization letter and for staff to register the "spokanevalleywa.gov" domain name. BUDGET/FINANCIAL IMPACTS: Currently there is no cost to acquire a .gov domain STAFF CONTACT: Chad Knodel, IT Manager ATTACHMENTS: Draft Authorization Letter to acquire and register ".gov" domain name. Spokane .Valley January , 2023 .Gov Domain Registration c/o Verisign, Inc. 12061 Bluemont Way Reston, Virginia 20190 To the .gov Program: CITY COUNCIL 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509) 720-5000 ♦ Fax: (509) 720-5075 ♦ www.spokanevalley.org As authorizing authority for the City of Spokane Valley, I request that responsibility for the domain name spokanevalleywa.gov be delegated to my municipality. The City of Spokane Valley wishes to use the spokanevalleywa.gov domain name as part of its cybersecurity effort to make it more difficult for malicious actors to spoof our domain name. Additionally, it sends a message to citizens that our domain is legitimate, secure and trusted. It will be used for our website and email address domains. In order to obtain and maintain spokanevalleywa.gov the City of Spokane Valley will meet the general and specific requirements for federal agencies, found at https://home.dotgov.gov/registration/requirements. The following will be listed as contacts for spokanevalleywa.gov, which the City of Spokane Valley will keep up to date in the .gov registrar. Administrative contact Chad Knodel IT Manager 10210 E Sprague Ave, Spokane Valley, WA 99206 509-720-5055 cknodel(a�spokanevalley.org Technical contact Nikki Kole IT Specialist 10210 E Sprague Ave, Spokane Valley, WA 99206 509-720-5051 nkole(a�spokanevalley.org Security contact 10210 E Sprague Ave, Spokane Valley, WA 99206 509-720-5444 security(a�spokanevalley.org I understand that if I wish to retire spokanevalleywa.gov, I must submit a written request to registrar(a�dotgov.gov. Sincerely, Pam Haley, Mayor On Behalf of City of Spokane Valley Council CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 17, 2023 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative Report — Transportation Benefit Districts (TBD) GOVERNING LEGISLATION: RCW 35A.11.020 — Powers vested in legislative bodies of noncharter and charter code cities; RCW 36.73 — Transportation benefit districts. PREVIOUS COUNCIL ACTION TAKEN: The Pavement Management Program (PMP) has been discussed at least 63 times by City Council since shortly after the City's incorporation. Most recently, Council discussed the PMP as part of the following agenda items: • April 19, 2022 — Administrative Report on the 2021 Street Sustainability Committee's (SSC) efforts and next steps to improve the Pavement Management Program (PMP). • May 10, 2022 — Administrative Report discussing using the Fund 106 to fund a new open - order contract for 2023 pavement preservation -specific projects. • June 14, 2022 — 2023 Budget Workshop including discussion on the PMP and sustainable funding for the PMP, including Street Fund #101. • July 12, 2022 — Administrative Report on the prioritization of local access street projects. • September 27, 2022 — Administrative Report on the allocation of Capital Reserve Fund #312, identifying $250,000 for a 2023 surface treatment pilot project. • December 6, 2022 — Administrative Report on potential funding sources for the Pavement Management Program. BACKGROUND: The City's street network consists of roughly 450 centerline miles of roadway, including 127 centerline miles of arterials/collectors and 323 centerline miles of local access streets. This equates to 1,025 total lane miles in the network covering roughly 9.2 million square yards (SY) of paved surfaces, equivalent to 1,900 acres. Roughly two-thirds of the City streets' pavement area is attributed to local access streets. The remaining one-third of pavement area is located on arterial or collector streets. The City's PMP serves two primary functions: • Preservation: Multi -year planning and implementation of pavement `treatments' to extend the life of existing paved streets and sustain the pavement condition over time. • Maintenance: Annual costs for repairs and upkeep of snowplow operations, traffic signals and signs, streetlights, sidewalks, potholes, crack filling, and roadside maintenance. Overall, to sustain today's citywide average Pavement Condition Index (PCI), the City, based on full preservation and maintenance costs, should expend approximately $16 million annually: $10 million for preservation and $6 million for maintenance. Currently, the City reliably provides $8 million annually using the local street wear fee (Fund #106), Federal and State grants, and utility and fuel tax revenues. The unfunded $8 million is partially covered by annual general fund transfers into Street Fund #101 for maintenance, estimated at a transfer in excess of $3 million annually, for the immediate future. The remaining $5 million necessary for full funding of the PMP continues to be unfunded and the shortfall results in the City not completing or constructing needed local access street preservation and reconstruction projects. At the December 6, 2022, Council meeting, an Administrative Report was given outlining various funding options available to the City for closing the gap in the PMP. To address the development of funding options to sustain the City's PMP, City Council and staff discussed new revenue sources available, including the option of forming a Transportation Benefit District (TBD). The various revenue options available without a public vote are summarized below: • Utility Tax • TBD: Vehicle License Fee • TBD: Sales & Use Tax • Property Tax Banked Capacity Voter approved revenue options include the following: • TBD: Sales & Use Tax • TBD: Excess Property Tax • Levy Lid Lift At the December 6, 2022, Council meeting, Council provided consensus that they wished to pursue a TBD to provide a new funding source to the PMP and hear more detailed information about the formation of a TBD and its requirements. This presentation will provide the additional information requested regarding the formation of a TBD and its authority. This presentation is not intended to provide, or determine, the method of funding the TBD. The funding method for the TBD will be determined when detailed TBD funding information and data are provided to Council. For next steps, staff will be preparing documents necessary for the creation of a TBD to bring back for Council consideration at a later date. Further, staff will return for a more detailed discussion to identify City Council's desired funding options for the TBD. OPTIONS: Discussion Only. RECOMMENDED ACTION OR MOTION: Discussion Only. BUDGET/FINANCIAL IMPACTS: None at this time. STAFF CONTACT: Bill Helbig, PE — Community & Public Works Director ATTACHMENTS: PowerPoint Presentation spokane\t4' ley Transportation Benefit Districts: Funding Options for the City's Pavement Management Program and Other Improvements City of Spokane Valley January 17, 2023 0 PACIFICA LAW GROUP Deanna Gregory Pacifica Law Group LLP Agenda Transportation Benefit Districts • Overview • Purpose • Revenue authority • Formation process and governance Ballot Measure Requirements • Election dates and filing deadlines PDC Considerations Wrap Up 0 PACIFICA LAW GROUP Transportation Benefit Districts Overview • Formed by cities, counties • Chapter 36.73 RCW • Formed for the purpose of acquiring, constructing, improving, providing, and funding transportation improvements • Voted and nonvoted revenues • Separate quasi -municipal corporation or authority assumed by forming city or county 0 PACIFICA LAW GROUP Transportation Benefit Districts Purpose • Formed for the purpose of acquiring, constructing, improving, providing, and funding transportation improvements within the TBD that are consistent with any existing state, regional, or local transportation plans and necessitated by existing or reasonably foreseeable congestion levels 0 PACIFICA LAW GROUP Transportation Benefit Districts Purpose • "Transportation improvement" means —A project contained in the transportation plan of the state, a regional transportation planning organization, city, county, or eligible jurisdiction as identified in RCW 36.73.020(2). —A project may include investment in new or existing highways of statewide significance, principal arterials of regional significance, high capacity transportation, public transportation, and other transportation projects and programs of regional or statewide significance including transportation demand management. —Projects may also include the operation, preservation, and maintenance of these facilities or programs. 0 PACIFICA LAW GROUP Transportation Benefit Districts Revenue Authority • Vehicle license fees • Sales and use tax • Impact fees, vehicle tolls, bonds, other 0 PACIFICA LAW GROUP Transportation Benefit Districts Vehicle License Fees • TBD may impose a nonvoted vehicle license fee up to $20 at any time (most common) • Nonvoted vehicle license fee may exceed $20 in the following scenarios: —Up to $40, if a $20 fee has been in effect for at least 24 months —Up to $50, if a $40 fee has been in effect for at least 24 months • Vehicle license fees may exceed $50, but not more than $100, with simple majority voter approval — Only City of Seattle has successfully passed a voted vehicle license fee • Revenue sharing for two or more TBDs that overlap; county TBDs 0 PACIFICA LAW GROUP Transportation Benefit Districts Sales Tax • ESSB 5974 (effective July 1, 2022) expanded TBD sales tax authority • TBD with the same jurisdictional boundaries as the forming entity may authorize a nonvoted sales tax of up to 0.1 % for up to 10 years; may be renewed for additional 10-year periods without voter approval • With simple majority voter approval, TBD may impose a voted sales tax of up to 0.3% in aggregate for up to 10 years; may be renewed for additional 10-year periods with voter approval • Total allowable sales tax is 0.3% • Provided, the voter -approved sales tax initially imposed after July 1, 2010, may be imposed for a period exceeding 10 years if the money received is dedicated for the repayment of debt incurred in accordance with the requirements of chapter 36.73 RCW — Airway Heights — November 2022 successful ballot measure to increase the TBD sales and use tax from 0.2% to 0.3% for an additional 10 years — Battle Ground — imposed (without voter approval) a 0.1 % sales and use tax for 10 years 0 PACIFICA LAW GROUP Transportation Benefit Districts Other Revenue Authority • Impact fees —On commercial and industrial development • Vehicle tolls • Voted and nonvoted general obligation bonds • Voter approved excess property taxes (one-year maximum term) • Local improvement districts 0 PACIFICA LAW GROUP Transportation Benefit Districts Formation Process and Governance • Formation approved by City Council • City Council adopts formation ordinance after holding a properly noticed public hearing —Ordinance must state the functions and transportation improvements to be exercised or funded and establish the boundaries of the TBD —TBD boundaries may be revised after adopting a subsequent ordinance following a public hearing 0 PACIFICA LAW GROUP Transportation Benefit Districts Formation Process and Governance • TBD boundaries may be conterminous with forming city or county —Ancillary benefits to having similar boundaries —May include territory of another jurisdiction through interlocal agreement • Governance —TBDs formed with the same boundaries as the forming entity are governed by the legislative authority of the forming entity (e.g. the City Council) —TBDs that include territory of another jurisdiction are governed as provided in the interlocal agreement 0 PACIFICA LAW GROUP Transportation Benefit Districts Formation Process and Governance • Assumption of Powers —TBDs are separate legal entities, with independent taxing authority —2015 legislation authorizes a city or county that has formed a TBD with boundaries coterminous with those of the city or county to absorb the TBD and assume "all of the rights, powers, functions and obligations" of the TBD —Assumption of powers requires the adoption of an ordinance or resolution after holding a properly noticed public hearing —After the assumption, the TBD ceases to be a separate legal entity —As of July 2022, approximately 85% of cities that have TBDs have assumed their powers (See MRSC, Transportation Benefit Districts, available at https://mrsc. org/explore-topics/finance/special-topics/transportation-benefit- districts#funding) 0 PACIFICA LAW GROUP Transportation Benefit Districts — Regional Examples Over 100 city TBDs have been formed in Washington; mostly funded by vehicle license fees and/or sales tax City Sales Tax Auburn 0.10% Battle Ground 0.10% $20 Bellingham 0.20% Bremerton $20 Centralia 0.20% East Wenatchee 0.10% $20 Ellensburg 0.20% Ephrata 0.20% Everett $20 Moses Lake 0.20% North Bend 0.20% Oak Harbor 0.20% Vehicle License Fee Cit Sales Tax Vehicle License Fee Olympia 0 PACIFICA LAW GROUP $40 Prosser Richland Ridgefield Spokane Sunnyside Tacoma Toppenish Vancouver Walla Walla Wapato Wenatchee Yakima Zillah 0.20% 0.20% 0.10% 0.20% 0.10% $25 $20 $20 $20 $20 $20 $40 $20 $20 $20 $20 See MRSC, Transportation Benefit Districts, available at https://mrsc.org/explore-topics/finance/special-topics/transportation-benefit-districts#list Ballot Measure Requirements for Voter Approved Revenues General or special election Local measure general ballot title requirements - Main sections • Identification of the enacting legislative body; • A statement of the subject matter (no more than 10 words long); • A concise description of the measure (no more than 75 words long); and • A question (essentially, whether or not the proposition should be approved) Other general ballot requirements to keep in mind - For instance, single subject requirement Statute governs content 0 PACIFICA LAW GROUP Example Ballot Measures for Voter Approved Revenues PROPOSITION NO. TRANSPORTATION BENEFIT DISTRICT OF AIRWAY HEIGHTS, WASHINGTON SALES AND USE TAX LEVY FOR TRANSPORTATION IMPROVEMENT PLAN The Transportation Benefit District of Airway Heights, Washington has adopted Resolution No. 2022-001, concerning a sales and use tax for transportation improvements, maintenance, repair and infrastructure. This proposition would increase the sales and use tax to 0.30%, from 0.20% (a one cent increase per $10 sale), to he collected within the District for a term often years, beginning not earlier than January 1, 2(124, and ending not later than December 31, 2033. Should this proposition be: Approved? Rejected? 0 PACIFICA LAW GROUP Example Ballot Measures for Voter Approved Revenues CITY OFSHORELI .V' 51II ET'ftN (SHORELINE TRANSPORTATION BEN 1ETIT DISTRICT) PROPOSITION 1 SALES AND I SI-: TAX FOR SIDEWALK AND PEDESTRIAN I EPRO VN. II NTS The City Council of the City of Shoreline, 4 ;xs1ii❑dLJ,1 adopted Resolution 430 concerning a sales and use tart to fund sidewalk transportation improvements. If approved, this proposition would authorize a sales and use tax of 0.2% within the City pursuant to Rw 82.14.55, for a term of 20 }ears, to repay indebtedness issued from time to time to construct, maintain, rehabilitate, repair anchor preserve side'.} albs and pedestrian impro.4!ir.e is in the City in order to improve pedestrian access and safety anoior the condition and life t_c k _ [LC c. _tv's sidewalk pedestrian system. Should this proposition be: Approved ■ Rejected ■ 0 PACIFICA LAW GROUP Process and Election Dates TBD legislative authority (e.g. City Council) adopts an election ordinance or resolution • Includes background and reason/need for ballot measure • Contains proposed ballot measure per state law requirements • States which election the proposition will be considered by the voters • Submitted to county before filing deadline • Other considerations — explanatory statement, pro/con committee appointments Upcoming Election Dates and Deadlines Election Date April 25, 2023 August 1, 2023 November 7, 2023 0 PACIFICA LAW GROUP Submission of Ballot Materials Deadline February 24, 2023 May 12, 2023 August 1, 2023 Other Considerations — PDC Rules and Guidelines Municipalities must abide by PDC statutes and regulations in connection with communications or use of resources regarding a ballot measure Revisit the PDC guidelines and at the beginning of your planning process • https://www. pdc. wa. gov/learn 0 PACIFICA LAW GROUP Use of Public Facilities to Support or Oppose a Ballot Measure RCW 42.17A.555 "No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition." No Public Facilities or Resources May Be Used for Political Purposes (think ... anything provided with public funds) No de minimis exception for use of city equipment, vehicles, or supplies Dependent on facts and circumstances Resources: • AWC factsheet: Guidelines for elected and appointed officials • PDC Guidelines https://www.pdc.wa.gov/learn/guidelines-local-government 0 PACIFICA LAW GROUP Wrap Up Questions? Thank you! 0 PACIFICA LAW GROUP CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 17, 2023 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearings ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative report on new proposed chapter 6.15 SVMC relating to City - owned properties closed to public use. GOVERNING LEGISLATION: RCW 35A.11.020. PREVIOUS COUNCIL ACTION TAKEN: Not applicable. BACKGROUND: The City owns various parcels of real property. Many of those properties are intended for use by the public and are routinely used by the public as such. Examples are parks, City Hall, CenterPlace, and the Police Precinct. When the City decides whether to make these types of spaces available for use by the public, an important consideration is whether we have made such property safe for the intended use. Similarly, the City determines whether we have appropriate resources to ensure property opened for public use can be monitored and maintained to keep it clean. Conversely, the City owns other properties that are not intended for public use because the City doesn't have available resources to make them safe, clean, and suitable for public use, such as parcels acquired for future capital projects or other vacant City parcels. Other properties are used for specific purposes where routine public use may render them ineffective for their intended use, such as stormwater facilities. The City has express authority pursuant to RCW 35A.11.020 to manage real property that it owns. The proposed chapter 6.15 SVMC would put the public on notice that the City has authority to declare that certain properties are not open to the public, identify what those properties are, and identify the penalties for violation. Specifically, proposed chapter 6.15 SVMC is summarized as follows:: 6.15.005 — States that the purpose is to provide authority to declare that some City non -park properties are closed to public use, and that this is an exercise of the City's police powers to protect the life, health, and safety of the public; 6.15.010 — Provides definitions used in the new chapter; 6.15.020 — Provides that City facilities open to the public are subject to hours of operation established by Council; 6.15.030 — Provides that Council may, by separate resolution, identify which City -owned properties are closed to public use unless the City provides specific written authority, including that motor vehicles placed on closed property are subject to impoundment; 6.15.040 — Provides that any non -park property acquired by the City is deemed closed to the public until deemed otherwise by Council; and 6.15.050 — States that the violation of this chapter is a class 3 infraction ($149.00 including court costs, fees, and other assessments), and the person violating is subject to being trespassed from the property pursuant to chapter 6.10 SVMC. Attached to this RCA is a draft resolution with a list of properties that staff recommends be identified as closed to public use. In addition to listing all closed properties, it also includes a map of the same properties and numbered to match the list for ease of use by the public. Staff intends to present the draft resolution following second reading for adoption of chapter 6.15 SVMC as the resolution is intended to work together with the new code sections. OPTIONS: (1) Place an ordinance on a future agenda for first reading; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place an ordinance on a future agenda for first reading on proposed chapter 6.15 SVMC. BUDGET/FINANCIAL IMPACTS: None anticipated. STAFF CONTACT: Cary Driskell, City Attorney. ATTACHMENTS: Proposed text for new chapter 6.15 SVMC; and draft resolution including list and map of City -owned properties that would be closed to public use. Chapter 6.15 — USE OF NON -PARK CITY FACILITIES 6.15.005 Purpose. City facilities are established and maintained for different public purposes, some of which are available for use by the public and some of which are not. This chapter is intended to clarify that City Council may designate certain real property owned by the City as closed to public use. Adoption of chapter 6.15 SVMC is an exercise of the police power of the City, and its provisions shall be liberally construed for the preservation and protection of the natural environment, public peace, health, safety, and welfare. This chapter is not intended to regulate park property, which is regulated pursuant to chapter 6.05 SVMC. 6.15.010 Definitions. The definitions provided herein are supplemental to the definitions provided in Appendix A and only apply for use with chapter 6.15 SVMC. Solely for purposes of chapter 6.15 SVMC, if a conflict exists between these definitions and the definitions in Appendix A, these definitions shall govern.: "City" means the City of Spokane Valley, Washington. "City facility closed to the public" means any facility owned or controlled by the City which has been identified through resolution adopted by the City Council as being closed to the public. "City facility open to the public" means any facility owned or controlled by the City, except facilities used for park -related purposes pursuant to chapter 6.05 SVMC, and which are generally open to the public at times and for purposes as established by the City Council or the City Manager. "Motor vehicle" means any self-propelled device capable of being moved upon a road and in, upon, or by which any persons or property may be transported, including but not limited to automobiles, trucks, motorcycles, mopeds, Class 2 or Class 3 motorized bicycles, motorized foot scooters, golf carts, all -terrain vehicles or similar -type all -wheel -drive vehicles, and snowmobiles, whether or not they can be legally operated upon the public highways. "Person" means any individual, group, firm, partnership, corporation, association, or club. City staff are excluded from this definition. 6.15.020 City facilities open to the public. City facilities open to the public are subject to the hours of operation set forth in SVMC 2.05.010, and may be used in a manner established either by City Council by resolution, or by written directive of the City Manager. 6.15.030 City facilities closed to the public. The City Council may by resolution designate certain facilities owned or controlled by the City as being closed to the public. Facilities designated as City facilities closed to the public shall not be entered into or used in any way by any person except as may be set forth in writing by the City. No motor vehicles shall be permitted on City facilities closed to the public and are subject to impoundment pursuant to chapter 46.55 RCW after 24-hour notice. 6.15.040 Newly acquired real property closed to public use until opened by Council Any real property acquired by the City, with the exception of real property acquired for public park purposes, shall be closed to public use until the City Council designates it open to public use, except as may be permitted in writing by the City. 6.15.050 Violation — Infraction - trespass. A. Any person violating chapter 6.15 SVMC shall have committed a class 3 infraction. B. Any person violating SVMC 6.15.030 is also subject to immediate trespass from the subject property pursuant to the procedures set forth in chapter 6.10 SVMC. C. Chapter 6.15 is not intended to conflict with or alter the provisions of chapter 6.10 SVMC relating to trespass from City property and facilities relating to engaging in behavior that is dangerous, illegal, or unreasonably disruptive. 6.15.060 Rules and policy. The City Manager may develop rules, policies, and forms to implement chapter 6.15 SVMC. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 23-001 RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, STATE OF WASHINGTON, ADOPTING A LIST OF CITY -OWNED OR CONTROLLED PROPERTIES THAT ARE CLOSED TO PUBLIC USE OR ACCESS, AND OTHER MATTERS RELATING THERETO WHEREAS, the City of Spokane Valley has the authority to manage property it owns or otherwise controls pursuant to RCW 35A.13.020, including "...the acquisition, sale, ownership, improvement, maintenance, protection, restoration, regulation, use, leasing, disposition, vacation, abandonment or beautification of public ways, real property of all kinds, waterways, structures, or any other improvement or use of real or personal property; and WHEREAS, the City owns or controls various parcels of real property inside and outside of its municipal boundaries; and WHEREAS, some of the properties owned or controlled by the City are suitable for public use in some manner, such as City Hall, the Police Precinct, and CenterPlace Regional Events Center; and WHEREAS, other properties owned by the City are not intended for public use as they may relate to internal operations of the City, they are leased to third -parties, they have not been made safe for public use, or the City has not yet identified a suitable public use; and WHEREAS, the City needs to be able to control access to properties identified by Council as being closed in order to protect the public health, safety, and welfare of its citizens; and WHEREAS, pursuant to SVMC 6.15.030, Council wishes to identify those properties owned or controlled by the City which are closed to public use so that the public has notice of their closed status. NOW, THEREFORE, be it resolved by the City Council of the City of Spokane Valley as follows: Section 1. Properties owned or controlled by the City that are closed to public use or access. Pursuant to SVMC 6.15.030, the parcels of real property identified in list format in Attachment 1 to this Resolution (List of City -owned property closed to the public), and in map format in Attachment 2 to this Resolution (Map of City -owned property closed to the public) are closed to public use pursuant to chapter 6.15 SVMC. Section 2: Effective Date. This Resolution shall be in full force and effective upon adoption. Passed by the City Council this day of January, 2023. CITY OF SPOKANE VALLEY Pam Haley, Mayor ATTEST: Approved as to form: Christine Bainbridge, City Clerk Office of the City Attorney Resolution 23-0** City Properties Closed to Public Use - Page 1 of 1 ATTACHMENT 1- List of City -Owned Properties Closed to the Public Stormwater Properties Property No. Parcel No. Address Description 1 35243.0807 NE corner of E. 11th Ave. & S. Dickey Rd. 2 35243.0871 SE corner of E. 11th Ave. & S. Dickey Rd. 3 35243.0986 E. 14th Ln. off S. Bettman Rd., N. side of road past the S Curve 4 35243.1070 Lot on both sides of E. 14th Lane, at intersection with S. Bettman Rd. 5 35243.1071 Lot south of E. 14th Lane entrance, i.e. lot above 6 35243.1080 E. 14th Lane off S. Bettman Rd., S. side of road past S curve 7 44042.9114 Lot on N. side of E. Ponderosa Dr. past E. 50th Court 8 45103.0405 2206 N. Houk Rd. ROW at intersection with E. Mansfield Ave. 9 45104.0209 N.E. corner of E. Mission Ave. & N. Mamer Rd. intersection 10 45141.0701 Between 1118 N. Burns Rd. & 1119 N. Progress Rd. 11 45141.0703 Between 1110 N. Burns Rd. & 1111 N. Progress Rd. 12 45141.0705 Between 1102 N. Burns Rd. & 1103 N. Progress Rd. 13 45141.1001 S. side of E. Mission at entrance to above 3 Lots. 14 45171.1305 1023 N. University Rd. 15 45174.0801 510 N. Raymond Rd. 16 45174.0810 Behind 510 N. Raymond Rd. & 515 N. University Rd. 17 45192.9145 E. side of S. Park between E. 3' Ave. & E. 4th Ave. 18 45224.2382 S. side of E. 15th Ave. between S. McDonald Rd. & S. Blake Rd. 19 45232.9027 601 S. Evergreen Rd. SE corner of S. Evergreen Rd. & E. 6th Ave. intersection 20 45233.1606 S.W. corner of intersection of S. Warren Rd. & E. 13th Ave. 21 45233.2003 Lot between 13905 E. 16th Ave. & 1505 E. Evergreen Rd. 22 45233.2013 Lot behind 45233.2003 above & 1505 E. Evergreen Rd. 23 45233.4005 805 S. Evergreen Rd. Between 829 S. Evergreen Rd. & 803 S. Evergreen Rd. 24 45234.1611 15003 E. 16th Ave. N.E. corner of intersection of E. 16th Ave. & S. Burns Rd. 25 45251.0820 Lot on E. Side of S. Conklin Rd. where it curves into E. 23' Ave. 26 45251.0821 Lot at end of S. Ridgemont Ln., between 2202 & 2201 S. Ridgemont Ln. 27 45272.1031 1609 S. Pines Rd. Triangle lot on S. Side of intersection of E. 16th Ave., S. Pines Rd. & Hwy 27 Page 1 of 2 28 45294.9056 ROW between RR & S. Dishman Mica Rd. from E. 32nd Ave. N to E. 28th Ave. 29 45321.9066 ROW between RR & S. Dishman Mica Rd. from E. 32"d Ave. S. to just past S. Schafer Rd. 30 45333.0113 S. of RR starting at E. 40th Ave. to houses on E. Forest Meadows Dr. 31 45333.1012 S. of RR & S.E. of parcel above to houses behind cul-d- sac at S. Hollow Ct. 32 55073.3101 1602 N. Flora Rd. N.E. corner of roundabout at N. Flora Rd. & Mission Ave. 33 55074.1556 Lot between 18303 E. Mission Ave. & 1624 N. Greenacres Rd. 34 55074.4701 N.W. corner of intersection of E. Mission Ave. & N. Arties Rd. 35 55074.4702 N.E. corner of intersection of E. Mission Ave. & N. Arties Rd. 36 55172.0162 Narrow strip on N. Barker just N. of 1204 N. Barker Rd. 37 55182.0105 Narrow lot on N. Corbin Rd. at intersection of E. Mission Ave. & N. Corbin Ln. Other City -Owned Properties Property No. Parcel No. Address Description 38 35232.1304 4908 E. lst Ave. Vacant parcel 39 45022.4817 4216 N. Best Rd. Vacant parcel 40 45033.0201 Future ROW for Pines Grade Separation 45033.0308 12425 E. Trent Ave. Future ROW for Pines Grade Separation 41 45033.0309 Future ROW for Pines Grade Separation 42 45033.5010 N.E. corner of N. Pines Rd. & E. Pinecroft Way Future ROW for Pines Grade Separation 43 45033.9090 Pines GSP/Avista Properties 44 45033.9091 Pines GSP/Avista Properties 45 45033.9126 Future ROW for Pines Grade Separation 46 45101.9068 13501 E. Mirabeau Parkway Adjacent to Mirabeau Meadows Park 47 45121.9118 17002 E. Euclid Ave. City Street Shop 48 45191.1308 Adjacent to Appleway Blvd., just west of S. Dishman Rd. 49 45191.9035 Adjacent to Appleway Blvd., just west of S. Dishman Rd. 50 45222.0313 12614 E. Sprague Ave. Adjacent to Precinct building Page 2 of 2 Property No# Parcel Number 35243.0807 en .4 35243.1070 E 7 44042.9114 a 45103.0405 I A 45109.0209 Pir 13 45141.1001 14 45171.1305 16 45174.0810 L7 45192.9145 18 45224.2362 19 45232.9027 20 45233.1606 22 45233.2013 23 45233.9005 24 45234.1611 25 45251.0820 26 45251.0821 27 45272.1031 28 45294.9056 29 45321.9066 -30 45333.0113 31 45333.1012 32 55073.3101 33 55074.1556 35 55074.4702 36 55172.0162 37 55182.0105 38 35232.1304 39 45022.4817 40 45033.0201 43 45033.5010 45 45033.9091 47 45101.9068 48 45121.9118 49 45191.1308 50 45222.0313 E 57th Ave 2 Spokane :ornrnunity College 290 FF MnAve Q E 37th Moran Minneh- a Cense Camp Sekeni Park Field Area Mn l E 4th Ave E 8th Ave E 11th Ave C ® l lilI ? Pasadena Park M i7iwood\ Dishmen Hills Natural Area ' Dishman Hills Conservation Area - Glenrase Unit E Mission Ave .�Plante'c F its Stad E Nora Ave po aflc@ 14 VE3000@y [7 Spokane Valley So *8 4th Ave E 8th Ave E 16th Ave 28th Ave E 44th Ave E 4th Ave re W 3 E Bth '® a v 3 E 12th Ave 27 E 24th Ave Trentwood E Valleyway Ave Veradale Greenacres Spo River Cen al State P- •, 2 o®® 36 4 Qua ? s gpcAgtmio Ave Liberty Lake Municipal Boundaries GOff -Limits Locations - 7Jum6ers coincide with rnnrts *More detailed chart on back City Hall Attachment 2 City of Spokane Valley Properties Closed to Public -Use SVMC 6.15 Map Produced: C1/10/2023 Spokane VcIlley Economic Development Scale: 1:54,000 Feet 0 2,500 5,000 10,000 Spokank e 4000 Va11ey Properties Closed to Public -Use SVMC 6.15 Property No# Parcel Number Address Description 1 35243.0807 NE corner of E. 11th Ave. & 5. Dickey Rd. 2 35243.0871 SE corner of E. llth Ave. & S. Dickey Rd. 3 35243.0986 E. 14th Ln. off S. Bettman Rd., N. side of road past the S Curve 4 35243.1070 Lot on both sides of E. 14th Lane, at intersection with S. Bettman Rd. 5 35243.1071 Lot south of E. 14th Lane entrance, i.e. lot above 6 35243.1080 E. 14th Lane off S. Bettman Rd., S. side of road past 5 curve 7 44042.9114 Lot on N. side of E. Ponderosa Dr. past E. 50th Court 8 45103.0405 2206 N. Houk Rd ROW at intersection with E. Mansfield Ave. 9 45104.0209 N.E. corner of E. Mission Ave. & N. Mamer Rd. intersection 10 45141.0701 Between 1118 N. Burns Rd. & 1119 N. Progress Rd. 11 45141.0703 Between 1110 N. Burns Rd. 8,1111 N. Progress Rd. 12 45141.0705 Between 1102 N. Burns Rd. 8,1103 N. Progress Rd. 13 45141.1001 S. side of E. Mission at entrance to above 3 Lots. 14 45171.1305 1023 N. University Rd. 15 45174.0801 510 N. Raymond Rd. 16 45174.0810 Behind 510 N. Raymond Rd. & 515 N. University Rd. 17 45192.9145 E. side of S. Park between E. 3rd Ave. & E. 4th Ave. 18 45224.2382 S. side of E. 15th Ave. between 5. McDonald Rd. & S. Blake Rd. 19 45232.9027 601 S. Evergreen Rd. SE corner of S. Evergreen Rd. & E. 6th Ave. intersection 20 45233.1606 S.W. corner of intersection of S. Warren Rd. & E. 13th Ave. 21 45233.2003 Lot between 13905 E. loth Ave. & 1505 E. Evergreen Rd. 22 45233.2013 Lot behind 45233.2003 above & 1505 E. Evergreen Rd. 23 45233.4005 805 5. Evergreen Rd. Between 829 5. Evergreen Rd. & 803 S. Evergreen Rd. 24 45234.1611 15003 E. 16th Ave. N.E. corner of intersection of E. 16th Ave. & S. Burns Rd. 25 45251.0820 Lot en E. Side of S. Conklin Rd. where it curves into E. 23rd Ave. 26 45251.0821 Lot at end of S. Ridgemont Ln., between 2202 8,2201 S. Ridgemont Ln. 27 45272.1031 1609 S. Pines Rd. Triangle lot on S. Side of intersection of E. 16th Ave., S. Pines Rd. & Hwy 27 28 45294.9056 ROW between RR & S. Dishman Mica Rd. from E. 32nd Ave. N to E. 28th Ave. 29 45321.9066 ROW between RR & S. Dishman Mica Rd. from E. 32nd Ave. 5. to just past 5. Schafer Rd. 30 45333.0113 S. of RR starting at E. 40th Ave. to houses on E. Forest Meadows Dr. 31 45333.1012 S. of RR & S.E. of parcel above to houses behind cul-d-sac at S. Hollow Ct. 32 55073.3101 1602 N. Flora Rd. N.E. corner of roundabout at N. Flora Rd. & Mission Ave. 33 55074.1556 Lot between 18303 E. Mission Ave. & 1624 N. Greenacres Rd. 34 55074.4701 N.W. corner of intersection of E. Mission Ave. & N. Arties Rd. 35 55074.4702 N.E. corner of intersection of E. Mission Ave. & N. Arties Rd. 36 55172.0162 Narrow strip on N. Barker just N. of 1204 N. Barker Rd. 37 55182.0105 Narrow lot on N. Corbin Rd. at intersection of E. Mission Ave. & N. Corbin Ln. 38 35232.1304 4908 E. 1st Ave. Vacant parcel 39 45022.4817 4216 N. Best Rd. Vacant parcel 40 45033.0201 Future ROW for Pines Grade Separation 41 45033.0308 12425 E. Trent Ave. Future ROW for Pines Grade Separation 42 45033.0309 Future ROW for Pines Grade Separation 43 45033.5010 N.E. corner of N. Pines Rd. & E. Pinecroft Way Future ROW for Pines Grade Separation 44 45033.9090 Pines GSP/Avista Properties 45 45033.9091 Pines GSP/Avista Properties 46 45033.9126 Future ROW for Pines Grade Separation 47 45101.9068 13501 E. Mirabeau Parkway Adjacent to Mirabeau Meadows Park 48 45121.9118 17002 E. Euclid Ave. City Street Shop 49 45191.1308 8908 E 2nd Ave Adjacent to Appleway Blvd., just west of S. Dishman Rd. 50 45222.0313 12614 E. Sprague Ave. Adjacent to Precinct building CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 17, 2023 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: American Rescue Plan Act Funds Update GOVERNING LEGISLATION: 42 U.S.C. § 803; 31 C.F.R. Part 35. PREVIOUS COUNCIL ACTION TAKEN: Numerous City Council meetings from 2021 through 2022. Of note, on May 31, 2022, City Council gave consensus for the allocation of all City ARPA funds towards various purposes. BACKGROUND: On March 11, 2021, the President signed the American Rescue Plan Act ("ARPA") into law. ARPA provided for a wide variety of funding for a variety of purposes, including direct assistance to small businesses, for homeless and affordable housing purposes, and to state and local governments. Importantly for the City, ARPA established the Coronavirus State and Local Fiscal Recovery Funds and allocated $350 billion to these accounts to assist state and local governments in meeting pandemic response needs and rebuilding the economy. The City of Spokane Valley has received approximately $16 million from the Coronavirus Local Fiscal Recovery Fund ("CLFR"). Council has had several discussions regarding use of CLFR funds. A list of the allocations is attached to this RCA. Since May 31, 2021, there has been extensive work by City Council and staff in getting CLFR funds obligated through contracts and expended. One of the categories of allowable uses is to replace lost revenue as a result of the pandemic. The United States Treasury has provided a formula and guidance on how to calculate lost revenue. Based on the formula, the City calculated approximately $10.8 million of lost revenue. CLFR funds may be used for any governmental service to replace lost revenue. On May 31, 2022, Council gave consensus to utilize approximately $10.8 million of its CLFR funds for governmental services to replace lost revenue. The City has primarily used these funds towards its ongoing law enforcement contract costs and has expended approximately $5 million to date for "revenue replacement" purposes. As a result, the City has identified it will have a corresponding amount of general fund revenue available for use by City Council towards other projects or community needs. The City will utilize that available general fund revenue towards the Spokane Valley Partners property acquisition project, the Spokane Performing Arts Center project, and the affordable housing/homeless services and potential land acquisition categories, discussed in more detail below. The purpose of this discussion is to update City Council on the status of the City's ARPA funds and to seek City Council direction related to the affordable housing and homeless services RFP. Obligated/Expended Funds: Internal City Costs ($250, 000 allocation): The City has utilized funds from this allocation to pay for staff payroll costs for CLFR administration, outside legal fees for Pacifica Law Group to assist with compliance, and for CliftonLarsonAllen (CLA) to provide an ARPA grant web portal and consulting services related to RFP processing and awards, and in 2021 and 2022 some extra cleaning costs for City facilities due to the COVID-19 pandemic. The City has currently spent about $80,000 for these types of activities. It anticipates that with the contract with Pacifica and CLA, it will expend nearly all of this allocation. Buckeye Sewer Project ($750, 000 allocation): The City completed the Buckeye Sewer Project in 2022. The total costs for the project were $632,151.78. The remaining $117,848.22 will need to be reallocated at a later date. Page 1 of 4 Innovia ($1, 000, 000 allocation): On December 13, 2022, City Council approved a contract to award Innovia Foundation $1,000,000 towards it Launch NW initiative to provide assistance to youth at various levels to increase the number of youth attending post -secondary education, vocational/trade education, or training. The contract will run through 2026 and costs will be paid on a reimbursement basis. Spokane Valley Partners ($4, 000, 000 allocation): On December 13, 2022, City Council approved a contract to award Spokane Valley Partners $4 million towards purchase of a new facility located at 17002 East Sprague (currently the "Ziggy's Building Material" home improvement store). Spokane Valley Partners is finalizing its purchase at this time. The City anticipates closing in early February. Law Enforcement ($842,857 allocation/$179,840.41 currently obligated): In late summer of 2022, City Council gave consensus to use CLFR funds to purchase a camera trailer for $79,840. The camera trailer was purchased in fall of 2022 and is currently in use. Chief Ellis has provided a picture of the trailer as part of his SVPD update. On September 27, 2022, City Council approved use of $100,000 to pay for additional overtime emphasis patrols as part of the Regional Safe Streets Task Force. Ongoing work: As provided in the allocation sheet, staff continue to work on finalizing necessary documents for the allocation to the Spokane Valley Performing Arts Center. Due to staff workload capacity, the mental health assistance/mental health learning support allocation will be distributed through an RFP process once the affordable housing/homeless services RFP process is complete and awarded. Staff continue to work with Chief Ellis on developing options for use of CLFR funding towards law enforcement purposes, including a focus on cameras in City parks and trails. Finally, City Council approved the Sprague Avenue stormwater project from University to Herald, which will utilize a portion of City CLFR funds. Active Project — City Council consensus required: Affordable Housing/Homeless Services/Land Acquisition ($5,998,535 allocation): City Council allocated $5,998,535 towards affordable housing and homeless services and/or land acquisition for City projects. This allocation was intended to be used for a variety of possible options, including direct acquisition by the City of property for such projects or other City projects, or through awards to applicants as part of an RFP process. At this time, the City has not located property for acquisition. The City just released a request for proposals for affordable housing and homeless services on January 12th, 2023. Applications are due February 10t1i ,2023. Applicants may apply at the City's ARPA Portal: www.spokanevalleyarpa.org. The City's consultant, CLA, is hosting the web portal, assisting in compliance review, and in general compliance advice as part of the RFP process. Once applications are received, staff will vet applications for completeness and technical compliance. Then applicants will be allowed to provide a presentation to City Council, which will likely occur in March. After the presentations, the process to rank and determine award winners will be similar to the City's outside agency award process. City Council will be given a table with which to rank each project. The highest overall ranked projects will be awarded until all of the available CLFR funds are used. Notably, the ranking process will be a pure ranking process, as we understand that partial funding awards may be difficult for many projects to use and so only full funding will be awarded. As part of the ranking process, City Council will be asked tonight to confirm and approve the criteria for consideration when Councilmembers make their ranking determination. Information about the RFP: While City Council may award to any respondent for any affordable housing or homeless service project, the RFP identifies the following points of consideration for respondents: Page 2 of 4 Affordable Housing: • Projects to serve households below 80% AMI. • Land acquisition and development of new affordable housing units. • Acquisition, and conversion of existing facilities to affordable housing. • Management and operation of affordable housing units and services therein. • Down payment or rental assistance programs. • Any other proposal that seeks to improve the availability of affordable housing in the City, including but not limited to programs or services to support long-term housing security. • Location of the project must be within the City of Spokane Valley and be permitted within the respective zone. • All projects must be able to obligate funding by December 31, 2024 and expend the award by December 31, 2026. Homeless Services • Projects to serve households below 40% AMI. • Land acquisition and development of permanent supportive housing, temporary residences, or shelters for people experiencing homelessness. • Acquisition, and conversion of existing facilities to permanent supportive housing, temporary residences, or shelters. • Operation and management of programs or services, including but not limited to operation and management of shelters that provide assistance to people experiencing homelessness, or facing housing and food insecurity. • Any other proposal that seeks to address housing, homeless services, and food insecurity in the City of Spokane Valley. • Location of the project must be within the City of Spokane Valley and be permitted within the respective zone. • All projects must be able to obligate funding by December 31, 2024 and expend the award by December 31, 2026. There are two critical components for City Council consideration tonight as part of the RFP process. 1. First, the RFP identifies that City Council originally allocated up to approximately $6,000,000 for affordable housing and homeless services. However, as indicated previously, City Council also contemplated using some of this allocation amount for land acquisition. Staff are seeking City Council discussion and consensus on whether any of the $5,998,535 should be withheld for potential land acquisition. This would reduce the amount available for the RFP at this time. If the City cannot locate any property or determines later that it wishes to fund other proposals from the RFP, it could award any amount it withholds at a later date. 2. Secondly, as discussed above, City Council will rank proposals, and awards will be determined by the collective City Council ranking. As part of the ranking process, City Council should confirm the criteria to be used as part of their ranking process. Staff have developed the following as initial criteria for City Council consideration: The City is focused on preventing homelessness and permanently housing those that are homeless. To that end, the City is focused on results -oriented projects and will consider how each proposal creates enduring solutions to prevent homelessness, provides long-term affordable housing units, and transitions those experiencing homelessness into permanent housing. This will include consideration of prior successful projects from applicants, experience in implementing proposals, and experience in operating proposed projects. The City will consider and evaluate projects with those goals in mind and will focus on awarding grants to entities whose proposals align with the following criteria as part of the evaluation process: Page 3 of 4 • Emphasis on creation of new permanent units, versus ongoing operations of existing units or creation of temporary units. • Emphasis on maximizing the number of new units created. • Focus on entities that have a plan for long-term sustainability once the City's funding is complete. • Focus on projects that will have full funding with receipt of the City's funding. • Focus on homeless prevention projects targeted to those at risk of becoming homeless. • Emphasis on proposals from entities with a demonstrated record of high success rate at permanently housing those that are homeless. • Strong desire for proposals that create new services/projects within Spokane Valley. Staff will communicate the agreed -upon total available funds and criteria to applicants through the RFP process in advance of City Council consideration, which we anticipate will occur in March. OPTIONS: Two items for City Council consideration. (1) Amount available for affordable housing/homeless services: Consensus on whether to withhold any portion of the currently allocated $5,998,535 for potential land acquisition. (2) Consensus to approve City Council criteria for ranking affordable housing/homeless services RFP responses. Or take other action as deemed appropriate. RECOMMENDED ACTION OR MOTION: Two items for City Council consideration. (1) Amount available for affordable housing/homeless services: Consensus on whether to withhold any portion of the currently allocated $5,998,535 for potential land acquisition. (2) Consensus to approve City Council criteria for ranking affordable housing/homeless services RFP responses. BUDGET/FINANCIAL IMPACTS: Approximately $16 million added to budget for eligible expenses. Contracts resulting from awards made through the RFP process will be on a reimbursement basis. STAFF CONTACT: Chelsie Taylor, Finance Director; Erik Lamb, Deputy City Manager ATTACHMENTS: Allocation and Expenditure Summary Page 4 of 4 CITY OF SPOKANE VALLEY, WA Coronavirus Local Fiscal Recovery Funds Allocation and Expenditure Summary Program: Allocated Expended Unspent General Governmental Purposes (Revenue Loss) Spokane Valley Performing Arts Center Spokane Valley Partners - New Facility (1) Affordable Housing/Homelessness/Land Acqu. Revenue Loss Subtotal 785,714.00 4,000,000.00 5,998,535.00 1/10/2022 785,714.00 4,000,000.00 (2) 5,998,535.00 10,784,249.00 - 10,784,249.00 CLFR Eligible Programs Internal City Costs 250,000.00 80,113.74 169,886.26 (2) Sewer/Stormwater Infrastructure: Buckeye Ave Sewer Extension 750,000.00 632,151.78 117,848.22 Sprague Ave Stormwater Improvements 1,379,386.00 - 1,379,386.00 (2) Innovia Foundation/Launch Northwest (1) 1,000,000.00 - 1,000,000.00 (2) Mental Health Assistance/Mental Health Learning Support 1,000,000.00 - 1,000,000.00 Law Enforcement Assistance ($842,857 total) : Camera Trailer 79,840.41 79,840.41 Gang Taskforce Overtime 100,000.00 - 100,000.00 (2) Park/Trail Cameras? - Other LE Assistance 663,016.59 - 663,016.59 Eligible Programs Subtotal 5,222,243.00 Total CLFR Allocations Less Obligated Funds (2) Unspent/Unobligated Funds 16,006,492.00 792,105.93 4,430,137.07 792,105.93 15, 214,386.07 (6,649,272.26) 8,565,113.81 (1) The City has entered into contracts with Spokane Valley Partners for $4,000,000 and Innovia Foundation for $1, 000, 000. (2) Obligated Funds include Spokane Valley Partners, Internal City Costs, the Sprague Ave Stormwater Improvements, Innovia Foundation, and the Gang Taskforce Overtime. C:\Users\CBainbridge\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\M78LWGXS\CLFR Summary Expenditures 2022 0106 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 17, 2023 Check all that apply: ❑ consent ❑ old business ❑ information ® admin. report Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Public Records Act and Open Public Meetings Act training. GOVERNING LEGISLATION: Chapters 42.56 RCW (PRA) and 42.30 RCW (OPMA). PREVIOUS COUNCIL ACTION TAKEN: Training by staff at least once per year. BACKGROUND: Staff will provide training on the City's obligations pursuant to chapter 42.56 RCW (the Public Records Act), and chapter 42.30 RCW (the Open Public Meetings Act). OPTIONS: N/A. RECOMMENDED ACTION OR MOTION: N/A. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Anthony Beattie, Senior Deputy City Attorney. ATTACHMENTS: PowerPoint presentation. Public Records Act and Open Public Meeting Act Training Cary Driskell City Attorney, City of Spokane Valley Tony Beattie Senior Deputy City Attorney, City of Spokane Valley January r7, 2023 City of Spokane Valley - Office of the City Attorney r u • ic Records ActRtW42.56 Historical background Adopted in 1972 by Initiative 276. Codified under chapter 42.56 RCW. Applies to state agencies and local agencies, sub -agencies, quasi - governmental entities, and non -profits who are functional equivalent of government. City of Spokane Valley - Office of the City Attorney Strongly worded mandate - statute "The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments they have created." RCW 42.56. o30. City of Spokane Valley - Office of the City Attorney "Public Record" definition Relevant portion of definitions states as follows: "Public record" includes any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. City of Spokane Valley - Office of the City Attorney "Public Record" definition Most important parts are: (1) "writing"; (2) "information relating to the conduct of government or the performance of any governmental or proprietary function"; and which is (3) "prepared, owned, used, or retained by any state or local agency". City of Spokane Valley - Office of the City Attorney "Writing" - electronic Tweets; Text messages; Transitory postings on Facebook and other social media; Meta -data; and Police/security video. City of Spokane Valley - Office of the City Attorney 6 Public Record (writing) versus Information PRA only requires disclosure of public records. Information is not a record and therefore not subject to required disclosure. Information is material or data that is not part of an identifiable record. E.g., City population, who is the mayor, how many employees. However, City policy and customer service standards provide for employees to provide information as requested. City of Spokane Valley - Office of the City Attorney i n ition — "relating togovernment" and "used by � govern ment" Location not critical factor, nature of record is what is critical (relates to conduct of government or performance of governmental or proprietary function and prepared, owned, used, or retained by City) . 2nd Prong - "relating to conduct of government": Records contain any information that refers to or impacts the actions, processes, and functions of government. Nissen v. Pierce County, 183 Wn.2d 863 (2o15) 2nd Prong casts broad net - Supreme Court suggested that union emails on agency server/network about working conditions could be public records. Serv. Emps. Int'l Union Local 925 V. Univ. of Wash. , 193 Wn.2d 86o (2oi9). City of Spokane Valley - Office of the City Attorney i n ition — "relating togovernment" and "used by � government" cont. 3rd Prong - for records on personal devices, consider whether record was created within "scope of employment" or "scope of official capacity". Job requires it, the employer directs it, or it furthers the employer's interests Nissen v. Pierce County, 183 Wn.2d 863 (2015) (County business on personal phone is public record); West v. City of Puyallup, 2 Wn. App. 2d 586 (2018) (City Council campaign Facebook page not public record). Personal computer or phone of Council. Text messaged from personal phone of Council. In possession of third -party contractor. Available from another entity. City of Spokane Valley - Office of the City Attorney 9 "used by government" — cont. No Constitutional privacy rights for public records on private devices, private emails, or private texts. Must conduct reasonable search where records are likely to be located. If we know or learn of facts that suggest a search of an additional location or source might reasonably be expected to uncover responsive records, we must make that extra search. PRA requires employees/agents/officials to conduct a search of their own files/devices, submit any public records, and submit a reasonably detailed affidavit attesting to the nature and extent of the search. Best Practices. City of Spokane Valley - Office of the City Attorney Agency Rules Local governmental entities are mandated to adopt and enforce reasonable rules governing how the agency shall respond to requests. RCW 42.56.ioo. Spokane Valley has done that through adoption of SVMC 2.75. City Clerk is City's designated Public Records Officer. Online records processing through GovQA on the City's website City of Spokane Valley - Office of the City Attorney Form of the record request No specific form necessary. Can be oral, but agency should memorialize in writing for protection and clarity. Request must provide "reasonable description" to be able to locate the record. Sufficient clarity to give agency fair notice a PRA request has been received as opposed to other request. City of Spokane Valley - Office of the City Attorney Psont response required Must respond within 5 business days by: (1) providing the record; (2) providing an internet address/link to website for specific records; - All City ordinances, resolutions, and contracts are online, as well as many other major documents such as the Comprehensive Plan; (3) acknowledging that the [agency] has received the request and providing a reasonable estimate of the time the [agency] will require to respond to the request; (4) acknowledging that the [agency] has received the request, requesting clarification, and providing a reasonable estimate of the time the [agency] will require to respond to the request if clarification is not provided; or (5) denying the record request. City of Spokane Valley - Office of the City Attorney Exemptions Originally only to exemptions. Now upwards of 500. City of Spokane Valley - Office of the City Attorney 14 pt rom disclosure — a orney c ient privileged information RCW 42.56.070(0 contains what is commonly referred to as the "other laws" exemption to disclosure. It specifically states in pertinent part that "each agency ... shall make available ... all public records unless [exempt under the PRA] or other statute which exempts or prohibits disclosure of specific information or records." RCW 5.60.060(2) (a) states that "[a] n attorney or counselor shall not, without the consent of his or her client, be examined as to any communication made by the client to him or her, or his or her advice given thereon in the course of professional employment." City of Spokane Valley - Office of the City Attorney ormation not protected -examples Council and employee names; Council and employee salary; Council and employee benefits; Employee vacation/sick time used; Council and employee work e-mail address; employee length of service; and Birthdates - Ongoing cases/legislation regarding birthdates (some ability for exemption). City of Spokane Valley - Office of the City Attorney ies and Attorneys Fees City cannot require requestor to complete an administrative appeal process before filing lawsuit. RCW 42.56.550(4) provides that it "shall be within the discretion of the court to award such person an amount not to exceed one hundred dollars for each day that he or she was denied the right to inspect or copy said public record." how much of a fine to assess is based on two steps: (1) count the number of days the party was denied access to the records; and (2) determine the appropriate per day penalty, up to sioo per day depending on the nature of the denial. The prevailing party is entitled to "reasonable attorney fees" and costs of suit. City of Spokane Valley - Office of the City Attorney Penalty per document or per request? Until 2016, the rule was that the daily penalty applied to the request, not per document. Yousoufian v. Sims, i5z Wn.zd 451 (2004). State Supreme Court has ruled that it is within the trial court's discretion to assess a daily penalty for each page of each document wrongfully withheld, depending on the circumstances (i.e. how egregious the violation was). Wade's Eastside Gun Shop v. Department of Labor & Industries. City of Spokane Valley - Office of the City Attorney 1111Wil!mlak ete=mfntngtrowweh=penaty Factors used by Courts to determine amount of penalty Yousoufian v. Sims (V), 168 Wn.2d. 444 (2010) 7 mitigating factors Examples: good faith, honest, timely, and strict compliance with all the procedural requirements and exceptions; proper training; reasonableness of reason for noncompliance; tracking systems Size of agency is a valid consideration 8 aggravating factors Examples: lack of strict compliance; lack of proper training; negligent/ reckless/bad faith/intentional noncompliance with the PRA; potential for public harm; deterrent effect City of Spokane Valley - Office of the City Attorney Agency "best practices" 1. Entity management attitude; 2. Training; 3. Prioritizing requests; 4. Tracking requests; 5. Effective monitoring; 6. Central point of contact in the agency; 7. Visible signage; 8. Transparency and communication; 9. User-friendly website; io. Good records management and information technology; ii. Appropriate copying charges; 12. Using the installment method for large requests; 13. Communicate agency appeal process for record denials; and 14. Documenting the request process. City of Spokane Valley - Office of the City Attorney Reporting/log requirements Logs of public record requests and responses RCW 40.14.026. ID of requestor, date request was received, text of original request, description of the records produced, description of records redacted or withheld and reasons, and date request was closed Annual reports to JLARC. sioo,000 threshold 15 different metrics City of Spokane Valley - Office of the City Attorney Questions on the PRA? City of Spokane Valley - Office of the City Attorney 22 The Open Public Meetings Act City of Spokane Valley - Office of the City Attorney 23 The Open Public Meetings Act (OPMA) Washington State law enacted in 1971. Codified under chapter 42.3o RCW. Applies to all city and town councils, and many subordinate city and town boards and committees. Applies to planning commission, lodging tax advisory committee, street sustainability committee, salary commission, etc. City of Spokane Valley - Office of the City Attorney Purpose of OPMA Governments "exist to aid in the conduct of the people's business." RCW 42.3o.oio. "The people of this state do not yield their sovereignty to the agencies which serve them." Id. "The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know." Id. "The people insist on remaining informed so that they may retain control over the instruments they have created." Id. Goal is transparency and public trust. "It is the policy of the state that a governing body's actions, including deliberations, shall be taken and conducted in the open." ESHB 1329 City of Spokane Valley - Office of the City Attorney OPMA requirements OPMA requires that: All meetings of the governing body shall be open to the public. All actions taken by such bodies shall be done at meetings that are open to the public. City of Spokane Valley - Office of the City Attorney What is a "meeting"? There must be a "meeting" in order to trigger the requirements of the OPMA. "Meeting" means meetings at which action is taken; "Action" means the transaction of the official business of a public agency by a governing body including but not limited to receipt of public testimony, deliberations, discussions, considerations, reviews, evaluations, and final actions; Physical presence is not required (e.g., email, phone call, texting). Majority (quorum) implicates "meeting" rules. City of Spokane Valley - Office of the City Attorney What is a "meeting"? cont. Courts have ruled that "serial meetings" are "meetings" under the OPMA. What is a serial meeting? Example: One Councilmember speaks with two other Councilmembers about particular City business. Unbeknownst to the original Councilmember, a fourth Councilmember also speaks to the two other Councilmembers about the same City business. So now all four Councilmembers, which constitutes a quorum, have discussed the City business and have done so outside of an open public meeting. Best practice: Conduct all discussions in public meetings. City of Spokane Valley - Office of the City Attorney What is a "meeting"? (cont.) Email and other electronic communications (e.g. texts or social media) may constitute a meeting which violates the OPMA if it goes back and forth. Solely receiving information is not a violation. Responding to email could be a violation g de endin on the circumstances. depending It is not necessary that a governing body take "final action" (a vote) for a meeting to be subject to the OPMA. Discussion regarding City matters is "action." Requires notice as a public meeting if a quorum of members are present for the discussion. City of Spokane Valley - Office of the City Attorney What is not a meeting: If City matters are not discussed, then the gathering is not a "meeting" subject to OPMA (even if a quorum is present). Examples: Social gatherings if City business is not discussed; Gatherings before or after official action (such as the time prior to Council meetings) so long as City business is not discussed; Meetings of other government agencies (BoCC, chamber of commerce), so long as the Council/Commission members do not discuss City business amongst themselves. Perception still important. City of Spokane Valley - Office of the City Attorney Procedural Requirements for Meetings Outlined in detail in the Governance Manual. Regular meetings are every Tuesday beginning at 6:oo pm. All other meetings are "special" meetings. Some general requirements: • Notice (depends on the regular vs. special meetings); • Open to public unless an executive or closed session; Votes cannot be by secret ballot; Member of public cannot be forced to give their name or other information as condition of attendance (can condition a person's ability to speak at the meeting on providing information). RCW 42.3o.24o: "Except in an emergency situation, the governing body of a public agency shall provide an opportunity at or before every regular meeting at which final action is taken for public comment." City of Spokane Valley - Office of the City Attorney OPMA exceptions and exemptions No City business = OPMA not implicated. If no official business of City is transacted, OPMA does not apply. Public perception is a separate consideration from what is legal. Active preparation for litigation. Executive sessions: specific circumstances, defined by statute. Closed session (OPMA simply does not apply). RCW 42.3o.i4o (quasi-judicial matters and collective bargaining issues). City of Spokane Valley - Office of the City Attorney rE�c2�utive sessions Four common examples: Interviewing candidates/qualifications for appointed positions (City Manager); Discussing applicant qualifications for open Council position; Considering the job performance of an employee; Considering the acquisition of real property where the discussion, if public, could increase the price; Discussions with legal counsel about litigation -related matters. No final decisions allowed in executive sessions City of Spokane Valley - Office of the City Attorney OPMA penalties Effect of penalty: The penalty for a violation of the act is direct: any action taken in violation of the OPMA is null and void; "Any person" may bring the action in superior court. Individual liability. $50o penalty for first violation if they attend with knowledge that the meeting is in violation of the Act, and si,000 for subsequent violations. City or City Council liability. Liable for all costs, including reasonable attorney fees. City of Spokane Valley - Office of the City Attorney Questions on OPMA? City of Spokane Valley - Office of the City Attorney 35 To: From: Re: DRAFT ADVANCE AGENDA as of January 11, 2023; 4:15 p.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 Jan 24, 2022, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes, MOULegal Services) 2. Second Reading Ordinance 23-001 Street Vacation, 22-0003, 16' Ave & Univ. Road - Levi Bas 3. Second Reading Ordinance 23-002 Code Text Amendment, Credit Card Use - 4. First Reading Ordinance 23-003 Closed City Property - Cary Driskell 5. Motion Consideration: City Hall Remediation Award - Bill Helbig 6. Motion Consideration: City Hall Remediation Construction Mgmt Consultant 7. Motion Consideration: Balfour Park Bid Award - Gloria Mantz 8. Motion Consideration: Balfour Park Multi -Use Building Purchase - Gloria M 9. Admin Report: Solid Waste Management Plan Update - Bill Helbig 10. Admin Report: Fire Dept Monthly Report - Chief Soto 11. Admin Report: Code Text Amendment, SVMC 19.30 - Marty Palaniuk 12. Admin Report: Advance Agenda - Mayor Haley 13. Info Only: Department Monthly Reports Jan 31, 2023, Study Session, 6:00 p.m. ACTION ITEMS: 1. Second Reading Ordinance 23-003 Closed City Property - Cary Driskell 2. First Reading Ordinance 23-004 Stormwater Utility Code Text Amendments - Gloria Mantz, Adam 3. Resolution 23-002, Closed City Property - Cary Driskell 4. Motion Consideration: 2023 RAISE Application, Sullivan/Trent Interchange - Adam Jackson 5. Motion Consideration: Mission Avenue Bridge Deck Repair Award - Erica Amsden 6. Motion Consideration: Lodging Tax Advisory Committee, Avista Stadium Award - Chelsie Taylor NON -ACTION ITEMS: 7. Tourism Update (ice rink) - Mike Basinger 8. Signal Box Updates - Lesli Brassfield 9. LTAC Alternates - Erik Lamb 10. Advance Agenda - Mayor Haley February 7, 2023, Study Session, 6:00 p.m. ACTION ITEMS: 1. Second Reading Ordinance 23-004 Stormwater Utility Code Text Amendment -Gloria Mantz, Adam J 2. First Reading Ordinance 23-Code Text Amendment 19.30 - Marty Palaniuk NON -ACTION ITEMS: 3. 2023 Capital Improvement Projects Update - Ericka Amsden, Rob Lochmiller 4. City's 20th Anniversary Update - Emily Estes -Cross 5. 2022 Accomplishments Report - John Hohman 6. Advance Agenda - Mayor Haley AWC City Action Days, Olympia, Feb 15-16 [*estimated meeting: inger anti [due Bill Helbig - Bill Helbig [*estimated meeting: Tue Jan 17] (5 minutes) (5 minutes) (5 minutes) (10 minutes) (10 minutes) (5 minutes) (5 minutes) (5 minutes) (20 minutes) (10 minutes) (10 minutes) (5 minutes) 95 mins] [due Tue Jan 24] (5 minutes) Jackson (10 min) (5 minutes) 10 minutes) (10 minutes) (5 minutes) (15 minutes) (5 minutes) (10 minutes) (5 minutes) 80 mins] [due Tue Jan 31] ackson (10 mins) (10 minutes) (15 minutes) (10 minutes) (15 minutes) (5 minutes) [*estimated meeting: 65 mins] February 14, 2023, Formal Meeting, 6:00 p.m. (meeting will possibly be cancelled) 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda - Mayor Haley February 21, 2023 Study Session, 6:00 p.m. ACTION ITEMS: 1. Second Reading Ordinance 23-Code Text Amendment 19.30 - Marty Palaniuk NON -ACTION ITEMS: 2. Centennial trail Update - John Bottelli 3. Advance Agenda - Mayor Haley Draft Advance Agenda 1/12/2023 9:15:24 AM [due Tue Feb 7] (5 minutes) (5 minutes) [due Tue Feb 14] (10 minutes) (10 minutes) (5 minutes) Page 1 of 2 February 28, 2023 Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Fire Dept Monthly Report — Chief Soto 3. Admin Report: Advance Agenda — Mayor Haley 4. Info Only: Department Monthly Reports March 7, 2023, Study Session, 6:00 p.m. 1. Outside Agency Grant Process — Chelsie Taylor 2. Advance Agenda — Mayor Haley March 14, 2023, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Haley March 21, 2023 Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley March 28, 2023 Formal Meeting, 6:00 p.m. (meeting will possibly be cancelled) 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Fire Dept Monthly Report — Chief Soto 3. Admin Report: Advance Agenda — Mayor Haley 4. Info Only: Department Monthly Reports April 4, 2023 Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley April 11, 2023, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Haley April 18, 2023 Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley April 25, 2023 Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Fire Dept Monthly Report — Chief Soto 3. Admin Report: Advance Agenda — Mayor Haley 4. Info Only: Department Monthly Reports May 2, 2023 Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley May 9, 2023, Formal Meeting, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda — Mayor Haley May 16, 2023 Study Session, 6:00 p.m. 1. Advance Agenda — Mayor Haley *time for public or council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Airport Expansion Update Appleway Trail Amenities AWC Conf Spokane June 20-23 Basement space CDBG Interlocal Chronic Nuisance Continuum of Care Core Beliefs Resolution Govemance Manual Mirabeau Park Forestry Mgmt. Park Lighting Pavement Mgmt. Funding PFD Presentation Prosecutor Services SCRAPS Update St. O&M Pavement Preservation [due Tue Feb 21] (5 minutes) (10 minutes) (5 minutes) [due Tue Feb 28] (15 minutes) (5 minutes) [due Tue March 7] (5 minutes) (5 minutes) [due Tue March 14] (5 minutes) [due Tue March 21] (5 minutes) (10 minutes) (5 minutes) [due Tue March 28] (5 minutes) [due Tue April 4] (5 minutes) (5 minutes) [due Tue April 11] (5 minutes) [due Tue April 18] (5 minutes) (10 minutes) (5 minutes) [due Tue April 25] (5 minutes) [due Tue May 2] (5 minutes) (5 minutes) [due Tue May 9] (5 minutes) Street Scaping, signs, trees, etc.- info item TBD Formation Vehicle Wgt Infrastructure Impact Yellowstone Franchise Agreement Water Districts & Green Space Draft Advance Agenda 1/12/2023 9:15:24 AM Page 2 of 2