2023, 08-08 Formal AgendaAGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
FORMAL FORMAT
Tuesday, August 8, 2023
6:00 p.m.
Remotely via ZOOM Meeting and
In Person at CenterPlace Regional Event Center
2426 N Discovery Place
Spokane Valley, WA 99216
Council Requests Please Silence Four Cell Phones During Council Meeting
NOTE: Members of the public may attend Spokane Valley Council meetings in -person at the address provided
above, or via Zoom at the link below. Members of the public will be allowed to comment in -person or via
Zoom as described below. Public comments will only be accepted for those items noted on 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.
• 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
INVOCATION: Pastor Mike Szott, Living Hope Community
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
COUNCILMEMBER REPORTS
MAYOR'S REPORT
PROCLAMATIONS:
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 at the meeting.
NEW BUSINESS:
1. Consent Agenda: Consists of items considered routine which are approved as a group. Any member of
Council may ask that an item be removed from the Consent Agenda to be considered separately.
Proposed Motion: I move to approve the Consent Agenda.
a. Approval of Claim Vouchers on Jan 10, 2023, Request for Council Action Form: $791,478.68
b. Approval of Payroll for Pay Period ending July 31, 2023: $738,798.24
Council Agenda August 08, 2023 Page 1 of 2
2. First Reading Ordinance 23-015, Comp Plan Map Amendment — Levi Basinger
[public comment opportunity]
3. First Reading Ordinance 23-016 Comp Plan Amendment, Zoning map — Levi Basinger
[public comment opportunity]
4. Motion Consideration: Council Goals & Priorities for Use of Lodging Tax — Chelsie Taylor
[public comment opportunity]
5. Motion Consideration: Family Promise Grant Agreement — Sarah Farr
[public comment opportunity]
6. Motion Consideration: VOA Promise Grant Agreement — Sarah Farr
[public comment opportunity]
7. Motion Consideration; Lodging Tax Grant Agreement: Spokane County Avista Stadium — Sarah Farr
[public comment opportunity]
ADMINISTRATIVE REPORT:
8. Avista Stadium Update — John Hohman, Chris Duff
9. MultiCare 340B MOU- Tony Beattie & Cara Carlton
10. Parks Maintenance Contract — John Bottelli
11. Utility Adjustment Discussion — Gloria Mantz, Kelly Konkright & Erica Amsden
12. Potential Grant Opportunity —Neighborhood Access & Equity Program -Adam Jackson
13. Advance Agenda — Mayor Haley
INFORMATION ONLY
COUNCIL COMMENTS
CITY MANAGER COMMENTS
EXECUTIVE SESSION: [RCW 42.30.110(1)(b)] Potential Acquisition of Real Estate.
Proposed Motion: I move that Council adjourn into executive session for approximately 15 minutes to discuss
potential acquisition of real estate and that no action will be taken upon return to open session.
ADJOURNMENT
Council Agenda August 08, 2023 Page 2 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 8, 2023 Department Director Approval:
Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing
AGENDA ITEM TITLE: Approval of the Following Vouchers:
VOUCHER LIST
VOUCHER NUMBERS
TOTAL AMOUNT
07/19/2023
60750-60781
234,609.22
07/20/2023
60782-60816
127,138.28
07/24/2023
10120-10168 (Park refunds)
5,347.00
07/26/2023
10169-10199 (Park refunds)
2,970.00
07/31/2023
60817-60855
106,566.32
08/01/2023
60856-60886
314,847.86
GRAND TOTAL:
$791,478.68
#001 - General Fund
001.011.000.
City Council
001.013.000.
City Manager
001.013.015.
Legal
001.016.000.
Public Safety
001.016.016.
Precinct Shared Expenses
001.018.013.
Deputy City Manager
001.018.014.
Finance
001.018.016
Human Resources
001.018.017.
Information Technology
001.033.000.
Facilities Administration
001.033.033.
Facilities — City Hall
001.033.034.
Facilities — Other
001.040.000.
Community/Public Works -Administration
001.040.041.
Engineering
001.040.042.558.
Economic Development
001.040.042.565.
Housing/Homeless Services
001.040.043.
Building
001.040.044.
Planning
001.076.000.
Parks & Rec—Administration
001.076.300.
Parks & Rec-Maintenance
001.076.301.
Parks & Rec-Recreation
001.076.302.
Parks & Rec- Aquatics
001.076.304.
Parks & Rec- Senior Center
001.076.305.
Parks & Rec-CenterPlace
001.090.000.511.
General Gov't- Council related
001.090.000.514.
General Gov't -Finance related
001.090.000.517.
General Gov't -Employee supply
001.090.000.518.
General Gov't- Centralized Serv.
001.090.000.519.
General Gov't -Other Services
001.090.000.550.
General Gov't -Natural & Eco.
001.090.000.560. General Gov't -Social Services
001.090.000.594. General Gov't -Capital Outlay
001.090.000.595. General Gov't-Roads/Streets Capital
Other Funds:
101 — Street Fund
103 — Paths & Trails
104 — Tourism Facilities
105 — Hotel/Motel Tax
106 — Solid Waste
107 — PEG Fund
108 — Affordable & Supplemental Housing Sales Tax
120 — CenterPlace Operating Reserve
121 — Service Level Stabilization Reserve
122 — Winter Weather Reserve
204 — Debt Service
301 — REET 1 Capital Projects
302 — REET 2 Capital Projects
303 — Street Capital Projects
309 —Parks Capital Grants
310 — Civic Bldg. Capital Projects
311 —Pavement Preservation
312 — Capital Reserve
314 — Railroad Grade Separation Projects
315 — Transportation Impact Fees
316 — Economic Development Capital Projects
402 — Stormwater Management
403 — Aquifer Protection Area
501 — Equipment Rental & Replacement
502 — Risk Management
632 — Passthrough Fees & Taxes
Project Numbers:
143 - Barker RdBNSF Grade Separation
205 - Sprague/Barker Intersection Improvement
223 - Pines Rd Underpass � BNSF & Trent
249 - Sullivan & Wellesley Intersection Improv
273 - Barker/I-90 Interchange
275 - Barker Rd Widening - River to Euclid
285 - Indiana Ave Pres - Evergreen to Sullivan
286 - Broadway Preservation: Havana to Faucher
293 - 2018 CSS Citywide Reflective Signal BP
294 - Citywide Reflective Post Panels
299 - Argonne Rd Concrete Pavement Indiana to Mont.
300 - Pines & Mission Intersection Improvement
308 - Regional Decant Facility Canopy
309 - Local Access Streets: Barker Homes
311 - Sullivan Rd./SR 290 Interchange Project
313 - Barker Road/Union Pacific Crossing
314 - Balfour Park Frontage Improvements
315 - Brown's Park 2020 Improvements
316 - Balfour Park Improvements - Phase 1
317 - Appleway Stormwater Improvements
318 - Wilbur Sidewalk: Boone to Mission
320 - Sullivan Preservation: Sprague-8t1'
321 - Argonne Corridor Improvements- North of Knox
322 - City Hall Repairs
323 - Evergreen Road Preservation Project
326 - 2020 Citywide Reflective Post Panels
327 - Sprague Avenue Stormwater
328 - Sullivan Park Waterline
329 - Barker Road Imp- City Limits to Appleway
330 - WTSC 2021 School Zone Beacons
331 - COVID-19 Relief Funds
332 - NE Industrial Area - Sewer Extension
333 - Evergreen Rd Pres Broadway to Mission
334 - Sprague Ave Preservation
335 - Mission Ave over Evergreen Rd Deck Repair
338 - Loop Trail Project
339 - 2022 Local Access Streets: Summerfield E
340 - 8th Ave Sidewalk (Coleman to Park)
341 - Broadway Preservation- Faucher to Park
342 - 2022 School Zone Flashing Beacons
343 - Buckeye Avenue Sewer Extension
344 - Park Rd Sidewalk- Broadway to Cataldo
345 - Park Rd Sidewalk- Nora to Baldwin
346 - Bowdish Sidewalk 12th to 22nd
347 - Broadway and Park Intersection
348 — Barker Road Improvements Appleway to I-90
350 — Balfour Facility
RECOMMENDED ACTION OR MOTION: Move to approve attached list of claim vouchers.
[Approved as part of the Consent Agenda, or may be removed and discussed separately.]
STAFF CONTACT: Chelsie Taylor, Finance Director
ATTACHMENTS: Voucher Lists
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11
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 08, 2023
Department Director Approval:
Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Payroll for Pay Period Ending July 31, 2023
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
BUDGET/FINANCIAL IMPACTS:
Employees
Gross: $ 459,712.58
Benefits: $ 250,772.95
Total payroll $ 710,485.53
Council Total
$ 13,050.00
$
472,762.58
$ 15,262.71
$
266,035.66
$ 28,312.71
$
738,798.24
RECOMMENDED ACTION OR MOTION: Move to Approve above payroll. [Approved as part of
the Consent Agenda, or may be removed and discussed separately.]
STAFF CONTACT: Raba Nimri
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 8, 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 23-015 — 2023 Comprehensive Plan Map
Amendment.
GOVERNING LEGISLATION: RCW 36.70A, SVMC 17.80.140 and 19.30.010
PREVIOUS COUNCIL ACTION TAKEN: On November 22, 2022, the City Council approved the
2023 Comprehensive Plan Amendment Docket. On July 25, 2023, Council consensus to
prepare Ordinance 23-015 for a first reading.
BACKGROUND: The GMA (Growth Management Act) allows local jurisdictions to consider
amendments to their Comprehensive Plans once each year. The City codified this process in
Section 17.80.140 of the Spokane Valley Municipal Code (SVMC). Consistent with the SVMC,
staff published notice advising the public of the annual amendment process and that the City
would accept applications for the 2023 cycle through November 1, 2022.
On November 22, 2022, the City Council approved the 2023 Docket. The Docket includes one
city -initiated site -specific map amendment to the Comprehensive Plan and zoning.
On December 9, 2022, the City issued Determinations of Non -significance (DNS) for the
proposed comprehensive plan amendments pursuant to Title 21 of the Spokane Valley
Municipal Code.
On June 2 and 9, 2023, notice for a public hearing on the proposed amendments was placed in
the Spokane Valley News Herald. On June 7, 2023, the site subject to an amendment was
posted with a "Notice of Public Hearing" sign with a description of the proposal and information
on the public hearing. On June 6, 2023, a notice of public hearing was mailed to property
owners within 400 feet of the proposed amendment site.
On March 9, 2023, the Planning Commission held a study session on the proposed 2023
Comprehensive Plan amendments. A public hearing on the proposed amendments was held
June 22, 2023. Following the public hearing, the Planning Commission deliberated on the
proposed CPA and voted 6-0 recommending that City Council approve CPA-2023-01.
On July 25, 2023, an Administrative Report was presented to City Council. The Council agreed
by consensus to have the proposed Ordinance 23-015 presented for first reading. The
Ordinance under consideration identifies the findings to approve the proposed amendment
consistent with the Comprehensive Plan goals and policies, the GMA, and the SVMC.
The Governance Manual for City Council provides that Council will not take public comment on
items that have already had a public hearing. As noted above the Planning Commission held a
duly notice public hearing on the proposed Comprehensive Plan amendment.
OPTIONS: Move to advance Ordinance No. 23-015 to a second reading, with or without
amendments.
RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 23-015 to a second
reading as proposed.
BUDGET/FINANCIAL IMPACTS: None
STAFF CONTACT: Levi Basinger, Planner
ATTACHMENTS:
1. Draft Ordinance 23-015 with attachments
2. PowerPoint Presentation
3. Planning Commission Findings and Recommendations
4. Planning Commission minutes: March 9, 2023, April 13, 2023, April 27, 2023, June 22,
2023, and July 13, 2023*
5. Staff Report and Recommendation to the Planning Commission
*Draft
Draft
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.23-015
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, AMENDING THE CITY OF SPOKANE VALLEY COMPREHENSIVE PLAN;
AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, pursuant to Spokane Valley Ordinance No. 16-018, the City of Spokane Valley adopted
the Comprehensive Plan, Capital Facilities Plan, and maps as the Comprehensive Plan of the City of
Spokane Valley (the Comprehensive Plan); and
WHEREAS, comprehensive plans may be amended annually pursuant to RCW 36.70A.130 of the
Growth Management Act (GMA); and
WHEREAS, amendments to the City's Comprehensive Plan may be initiated by the Planning
Commission (Commission), the City Council (Council), citizens, or by the Community and Public Works
Director based on citizen requests or when changed conditions warrant adjustments; and
WHEREAS, the GMA requires comprehensive plans to be implemented with development regulations,
including the zoning of all properties in the City that are consistent with land use map designations; and
WHEREAS, the City adopted Public Participation Guidelines to direct the public involvement process
for adopting and amending comprehensive plans; and
WHEREAS, the Spokane Valley Municipal Code (SVMC) provides that amendment applications shall
be received prior to November 1 of each year; and
WHEREAS, applications were submitted by the applicant, owner, or by City staff to amend the
Comprehensive Plan and Zoning Map for the purpose of beneficially using the property described herein;
and
WHEREAS, on November 22, 2022, City Council approved the 2023 Comprehensive Plan Amendment
Docket, which included one proposal, CPA-2023-0001; and
WHEREAS, pursuant to the State Environmental Protection Act chapter 43.21C RCW (SEPA) and
chapter 21.20 SVMC, staff conducted an environmental review to determine the potential environmental
impacts from the proposed amendments; and
WHEREAS, on December 9, 2022, after reviewing the environmental checklists, staff issued a
Determination of Non -Significance (DNS) for the proposal, published the DNS in the Valley News Herald,
and where appropriate posted the DNS on site and mailed the DNS to all affected public agencies; and
WHEREAS, on December 5, 2022, the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106 of the City's intent to adopt amendments to the Comprehensive Plan; and
WHEREAS, on March 9, 2023, the Commission conducted a study session to review the proposed
amendments; and
WHEREAS, on June 2 and 9, 2023, notice of the Commission public hearing was published in the
Valley News Herald the City's official newspaper; and
Ordinance 23-015: 2023 Comprehensive Plan Amendments Page 1 of 6
Draft
WHEREAS, on June 6, 2023, notice of the Commission hearing was mailed to all property owners
within 400 feet of the subject property; and
WHEREAS, on June 7, 2023, notice of the Commission hearing had been posted on the subject
property; and
WHEREAS, on June 22, 2023, the Commission received evidence, information, public testimony, and
a staff report and recommendation at a public hearing; and
WHEREAS, on June 22, 2023, the Commission deliberated and voted to forward CPA-2023-01 to
Council with a recommendation for approval, with written findings of fact setting forth the bases for such
recommendations to Council; and
WHEREAS, on July 25, 2023, Council conducted abriefing to review the proposed amendments; and
WHEREAS, on July 25, 2023, Council concurred to place CPA-2023-01 in an ordinance for
consideration of approval; and
WHEREAS, on August 8, 2023, Council considered a first ordinance reading to approve CPA-2023-
01; and
NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows:
Section 1. PMose. The purpose of this Ordinance is to amend the Comprehensive Plan as
described in CPA-2023-01.
Section 2. Findings. Council acknowledges that the Commission conducted appropriate
investigation and study and held a public hearing on the proposed amendments to the Comprehensive Plan.
Council has considered the Commission's findings. Council makes and adopts findings specific to each
Comprehensive Plan amendment as set forth in Section 4 below. The Council hereby makes and adopts
the following general findings applicable to all proposed amendments:
General Findings:
Pursuant to chapter 43.21C RCW (SEPA), environmental checklists were required for the
proposed Comprehensive Plan amendment.
2. Staff reviewed the environmental checklists and a threshold determination was made for the
proposed Comprehensive Plan amendment.
3. On December 9, 2022, Determination ofNon- Significance (DNS) was issued for the proposed
Comprehensive Plan amendments.
4. On December 9, 2022, the DNS was published in the City's official newspaper, the Valley
News Herald, pursuant to chapter 21.20 SVMC.
5. The procedural requirements of SEPA and Title 21 SVMC have been fulfilled.
Ordinance 23-015: 2023 Comprehensive Plan Amendments Page 2 of 6
Draft
On December 5, 2022, the Washington State Department of Commerce was provided a notice
of intent to adopt amendments to the Comprehensive Plan.
On June 6, 2023, individual notices of public hearing for the proposed site -specific map
amendments were mailed to all property owners within 400 feet of the affected site.
On June 7, 2023 the site subject to a proposed site -specific amendment was posted with a
"Notice of Public Hearing" sign, with a description of the proposal.
On June 2 and 9, 2023, notice of the Commission public hearing was published in the Valley
News Herald.
10. The procedural requirements in SVMC 17.80.140 for the amendment process, including
public participation, notice, and public hearing requirements have been met.
11. On June 22, 2023, the Commission held a public hearing on the proposed Comprehensive
Plan amendment. After receiving public testimony, the public hearing was closed.
12. On June 22, 2023, the Commission deliberated and voted to forward CPA-2023-01 to Council
with a recommendation for approval.
13. The Commission adopted findings for CPA-2023-014. Such findings were presented to
Council. Specific findings adopted and made by City Council for the Comprehensive Plan
Amendment request are contained in Section 4, below.
14. The Commission and Council have reviewed the proposed amendments concurrently to
evaluate the cumulative impacts. The review was consistent with the annual amendment
process pursuant to SVMC 17.80.140 and chapter 36.70A RCW.
15. The proposed amendments to the Comprehensive Plan are consistent with GMA and do not
result in internal inconsistencies within the Comprehensive Plan itself.
Section 3. Property. The property subject to this Ordinance is described in Attachment "A" (2023
Comprehensive Plan Amendment Maps).
Section 4. Comprehensive Plan and Map Amendment. Pursuant to RCW 36.70A.130, the
Comprehensive Plan is hereby amended as set forth below and in Attachment "A". The Comprehensive
Plan amendments are generally described as follows:
Comprehensive Plan and Man Amendment:
File No. CPA-2023-01:
Proposal: A request to change the Comprehensive Plan designation and zoning for 19.45 acres Single
Family Residential (SFR) and 4.41 acres Neighborhood Commercial (NC) to Parks/Open Space (P/OS).
Applicant: City of Spokane Valley
Amendment Location: Parcels 46351.9143, 46352.9149, 46354.9150, and 46355.9151; Section 35,
Township 26 North, Range 44 East, Willamette Meridian, Spokane County, Washington.
Council adopts and makes the following Findings for CPA-2023-01:
1. The proposed amendment to change the designation for 19 acres from Single Family
Residential (SFR) and 4 acres from Neighborhood Commercial (NC) to Parks and Open
Space (P/OS) bears a substantial relationship to the public health, safety, welfare, and
Ordinance 23-015: 2023 Comprehensive Plan Amendments Page 3 of 6
Draft
protection of the environment. In 2021, the City acquired four parcels (46351.9143,
46352.9149, 46354.9150, 46355.9151) west and south of Progress Road and east of Forker
Road. This area was generally identified as New Park Area 1 in the 2019 Parks and
Recreation Master Plan. These plans were developed through an extensive community
engagement process. Additionally, the expansion is necessary to maintain the adopted Level
of Service (LOS) 3.25 acres of park land for every 1,000 residents.
The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and
with the portion of the City's adopted plan not affected by the amendment. The Growth
Management Act (GMA) adopts fourteen goals to guide the development of local
comprehensive plans and development regulations. The proposal is consistent with the GMA
goals to enhance recreational opportunities and develop parks and recreation facilities.
Additionally, the GMA requires a Parks and Recreation element to be a part of the adopted
comprehensive plan. The City's Comprehensive Plan adopts the Parks Plan by reference.
The proposed amendment does not respond to a substantial change in conditions beyond the
property owner's control applicable to the area within which the subject property lies.
The proposed amendment is not in response to or corrects an obvious mapping error.
The proposed amendment will address a documented deficiency of park land in the
Comprehensive Plan. Presently, the City needs an additional 53 acres of park land to meet
adopted levels of service. In addition, the Comprehensive Plan identifies the following goals
and policy that support the proposed change:
a. P-GI Develop, grow, and maintain a diverse and accessible park, recreation, trail,
and open space system that enhances community character.
b. P-P2 Acquire land for the development of parks or the preservation of open space
within the City's boundaries and adjacent UGAs.
c. P-P3 Using the Parks and Recreation Master Plan, periodically assess recreational
facilities to identify potential gaps and improvements.
d. P-P7 Identify and protect regional open spaces and natural areas to form a connected
network of active and passive recreation areas.
e. NR-GI: Pursue flood hazard reduction while providing predictability for
landowners.
f. NR-P9: Ensure that wetlands, fish and wildlife habitat conservation areas, frequently
flooded areas, geologically hazardous areas, and critical aquifer recharge areas are
identified, designated, and protected.
The change to P/OS will not impact the physical environment. The change will result in less
intensive uses than are allowed in SFR and NC zones, reducing potential effects on the
physical environment.
According to the City's Critical Areas map, most of the property is located in the 100-year
floodplain. The primary flood zone designation that applies to the site is AO, which is defined
as an area of shallow flooding, usually in the form of sheet flow, with an average depth
ranging from 1 to 3 feet. There is also a seasonal stream (DNR Type F) located on the
property that flows into a drainage channel, which is deposited into a stormwater storage
basin where it infiltrates into the soil. The parcels are not located within shoreline
jurisdiction, and there are no known surface water quality or quantity issues. The City's
environmental controls including floodplain and critical areas regulations will ensure
protection of the critical areas and adjacent land use are addressed at the time of future
development. During deliberations, members of the Planning Commission stated an
agreement with public testimony that a future park development should consider maintaining
the area as natural open space.
The proposed amendment is compatible with the surrounding land uses. Future development
of the park space will provide a documented need and location identified in the 2019 Parks
and Recreation Master Plan.
Ordinance 23-015: 2023 Comprehensive Plan Amendments Page 4 of 6
Draft
9. The proposed amendment site is adequately served by and will have minimal impact on
community facilities including utilities, roads, public transportation, parks, recreation, and
schools.
10. The proposed amendment provides benefits to the neighborhood and City by providing an
opportunity to provide park and open space to the neighborhood without the need to leave
the area. Plante's Ferry Park, the nearest formal public park, is outside municipal boundaries
and maintained by Spokane County. The proposed amendment will provide new City -owned
and maintained park and open space for residents. The expansion of park space in this area
will help the City meet its adopted LOS for park land.
11. The quantity and location of park land is planned for and needed as identified in the Parks
Plan. A park at this location furthers the goals of the Parks Plan and Comprehensive Plan.
12. The proposed change would have no impact on projected population density.
13. The proposal will not have an impact on other aspects of the Comprehensive Plan. In addition
to meeting the goals in the Parks and Recreation Master Plan the proposed amendment
addresses the following goals, policies, and strategy of the Comprehensive Plan:
a. LU-G2 Provide for land uses that are essential to Spokane Valley residents,
employees, and visitors.
b. LU-P18 Enable public open spaces.
c. P-GI Develop, grow, and maintain a diverse and accessible park, recreation, trail,
and open space system that enhances community character.
d. P-P2 Acquire land for the development of parks or the preservation of open space
within the City's boundaries and adjacent UGAs.
e. P-P3 Using the Parks and Recreation Master Plan, periodically assess recreational
facilities to identify potential gaps and improvements.
f. P-P5 Design parks and community facilities to provide easy access for pedestrians,
bicycles, autos, and public transit.
g. P-P8 Plan for access to parks, trails, and other open spaces in all neighborhoods.
h. NR-G1 Pursue flood hazard reduction while providing predictability for landowners.
i. NR-P2 Prepare and/or regularly update watershed plans for Chester Creek, Glenrose
Channel, Saltese Creek, Forker Draw, and Central Park Basin.
j . NR-P3 Prepare an accurate, updated map of areas expected to be inundated by a 100-
year flood, particularly in the Spokane River, Forker Draw, and Glenrose Channel
Areas.
k. NR-P9 Ensure that wetlands, fish and wildlife habitat conservation areas, frequently
flooded areas, geologically hazardous areas, and critical aquifer recharge areas are
identified, designated, and protected.
14. The criteria of SVMC 17.80.140(H) are met by the amendment.
Council Decision: Change the designation for parcel numbers 46351.9143, 46352.9149, 46354.9150, and
46355.9151to Parks/Open Space (P/OS).
Section 5. Map - Copies on File -Administrative Action. The Comprehensive Plan (with maps) is
maintained in the office of the City Clerk as well as the City Department of Community and Public Works.
The City Manager or designee, following adoption of this Ordinance, is authorized to modify the
Comprehensive Plan (including maps) in a manner consistent with this Ordinance, including correcting
scrivener s errors.
Section 6. Liability. The express intent of the City is that the responsibility for compliance with the
provisions of this Ordinance shall rest with the permit applicant and their agents. This Ordinance and its
provisions are adopted with the express intent to protect the health, safety, and welfare of the general public
and are not intended to protect any particular class of individuals or organizations.
Ordinance 23-015: 2023 Comprehensive Plan Amendments Page 5 of 6
Draft
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 as provided by law.
PASSED by the City Council this day of August, 2023.
ATTEST:
Marci Patterson, City Clerk
Approved as to form:
Office of the City Attorney
Date of Publication:
Effective Date:
Pam Haley, Mayor
Ordinance 23-015: 2023 Comprehensive Plan Amendments Page 6 of 6
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FINDINGS,AND RE0)AIA4ENuxrl0N
0F TIII& SPOKANE VALITA" PLANNING(.'ONNIMISSION
FOR P14010SIND WNI PR F11 ENNSIV[' P] Al AME'ND)*.,NT-- (-'PAY202T01
July 13, 20:0
A, QlAglo q Q:
11ic GR)wth Nlanagt:rnern A(A ((,JMA) allows local jurisTetions to consider aincrichricrits u)
their Uniipreha:risive lqans wice cadi yew. The (�.,k:y codified flu,,, process in SVNI('
I TSR JU QnWmt with mate law am! Te SVM(i', staffptibl i shed nolike on SqXenter 2
and 9, 2022, advising the pubbe of dw anrawl aniencIrnerfl: process and ditil We 01 =41
accept aplflicanoris, Rn the 2023 cycle throujoi Novcniber 1, 2022, The notice was alsoa sent
Sr aH agencieq cwgardvadoiN, anti o(jacen1jurisclictions that may ha.vean interest in seeking
arnendirient's to t'he C'ornprehensivc Plan,
1 0n Novernbei 2, 2022, the CiW (Awncd approved the 2023 (-.'ojnprehensive Plan
Amendment DmIwln Ile I -locket hinkAwl than pqqimed aniendinent to the (2ornpi-cheiNive
Man: one site spccik rnN) wrietubnem. She specific amendinents approved Gw a
Urnpreheirs0ve Plan ,,.imendinew Will Wjuire atul receive as zoning chssificarimi anicricimcrit
(.',onsklent widi the new End use devignadmi.
I —S'NA C 178DA40 pawides die framework for the public, to parficipate thR)UghMit the
WipKenive Phn arnemMient process, inchWng nurice and public lwaidng reWdrernews,
2, Chi L)eccrnber5,2021the l)epamnwntofCbrnmeme"wspn)OdedaimdceofAHemmalopt
anieWtenis ro tbe Cornrimhensive Phn,
I"W"ALIM t() the: StMC Bvironnnenial Pohey Act., chapter 43,21 (,' R(,,W (S[,'TA), and J'ifle 21
S\,'NlC, an environincraal cliccUist vais pwpmTd Q Me pnjusui (.Amnpreherivive Plan
arnendinent,
4, SW IT rev Wed We envic)orienwl chedd Ws canal imued a DeWnKnatkin or NwYSQn Mcwwc
(DNS) Ar aH ('crnjwhomNe Phn amcridments (mi, Deccinber 1), 20Q 22, 'I lie I )NS was not
appeked,
5. lie Mmmhng UmnikWon finds Te pmeedural requirements of'SF'PA and Tifle 2,1 SVMC�
luave becri fulfiHed.
0n N4arch 24 and 31, 2023, notice fior as J)UbliC hcaring on the proposed aniendinerits w.'as
placed in the Spokane, VaHey News I Immki. 0n NUK 29, 2023, as "Noke of Puhhc I KaHry"
Agn with a descilption of dre pia)pcisal arml inbrniation on the pubhc hewing was [wsted on
soc
(_W June :2 and 9, 2021 as smond notice Rw as puNk heuino, ciri the 1�n,-op(,')sed anievidnients
wits j1hiced in the Spoka.ne Vatley, News 11crakik 0n June 6, 2023, a "Wice 4' Putqic
I QwQ" sign w5h as descAlMOn of the pajumi and Wbanaidon (mi the p,bHc hearhy; was
postal (MI site,
8, Individual mmbe of Te map anien(finera proposal was inaiNd U) all rropeny ovnwrs W&W
400 few WAhe proposed shteopccific niap aniendinent on Rine 2, 2021
P I mink1g, Coirimksian [ 41diI�,IS U I V11 I in v (TA ?023-0 1
jQgV I of -1
A ]Tre Plannkg (7mmi-rdslon reviewcd Me pmpmed wriendninns mrourumnly to malume die
cumulative impack The reviem) was con-skm With 111C WIIAW'fl process" outlined
W SNAW IT80. 1,10 and chapter 36.7(rN R(V (WA)
II IS April 13, 2023, the 11,anning (brinnisskin held as pidAk: headrig on We pnyme<1
(7mnpvhcnjve Plan arnendmem Alter rmmvmg public teshmorty, the Planning
(onrrnissiori closed Me pubHc Imaring and deliberaved on the (lornprehmsive Man
avrrendn,rent.s, After reviewing and deliheratillg ()a dre ("0fr)j')rChCJ1SiVC Platt
Namiing (Amnm4sion vond on be pmposed ammuhnnts as Uhws:
Et. (,'PA-2023 01: It (3 aherrl) to KwaW to (My (ouncfl a to approve.
1 1. (Yri June 21 2021 We PWunkig (WninAssOn hdd a puNk: hea6ng on the pimposed
(TompmKisNe Plan amendyncrus. /�.fler receiving public testinrony, the fllanrnnt,,,
(hrnnkjon cAmed dw Public Waring and dellerated car the (Zoniprehensive Man
airrendments, After rcvrc%vinj,,?, in(] delibeimiNg (in We (7ornprehenskvc Plan amendments,
Phnnhg WmAmW vowd on Te pmpand surrulminients as M15m:
a. (I'A-202.3-0 1; 6. 0 1"1 abseno U) Kward U) Cly, Coundl as reamnlendarion U) aM)mvc,
1 �2, Hie, proposed anieindrnem to change [tic desigmation for 19 acres fir(irn Single IaniiiN,
Residervial (SYR) and 4 acres hun NeyhImAmod. Warnmid (NQ to Paks and (Ven
Space (PAE) hews a m1mmmial relationship ro tile public hcaltll, Salety, "'cifiare, anrd
proiection of' the, endionment- In 2021, the Cjq, acciuded bar Parcels (463519143,
463525149, 463519150, 46355,915 1 ) %vest Eind south ol Progims Road and cast ol'For ker
Road, This area %va,,s generally identhled as New INS Nrea I in die 2fH9 Parks and.
Recreation Master Plan. "rhese plans Nvere deNoped through in extensive communky
migagernent procesv Add1knimlly, the exlmnion N mocemmy u) ma ntafn le aQwd I mcl
of ServVe 0 X)S) 3.25 acres of'lmrk land for evens 1,000 residents.
13. Ile prupmwd ammuhnent is midsLun "Wh dw ruphiments of(Irapter 3670A IZ(,,W and
With tile porlion of"the (-'ity's adopted Plan riot aftcxted Clay the amendment, 'I lie Growth
Management Nt ((hUA) adopts Murimen goals to givide the developmurt of local
compmherldve Own and deveOpment regulaik"N. The pnjumfl A consism with Me GMA
goals to enhance recre'ational opporturrincs Euld develop parks and recreation facilnics.
Additiom,.dty, the GNVi reqtdrcs a, Parks Enid RecreMion elemem to be a pant oF We advTwd
comprehmsive plan, 'Me Hys Wri,chensivc Plan au,'Iopts the I'a'A's Plan by leferencc�
14. The pnjumed arneridnieni does not respond to as substantial change in conditions beyolld tine
propelly, owner"s comind apolawc to We ama wafirri which, time sut)ject protxrty lies,
15, The pear x%ed arrien(lineirt is nor W ruponse to or con-ccts Em obViOUS mapping, error.
16. Ile prqxmcd amendmeta wdl address a. (JOCUrnented denckney of park Wnd W the
(Imp-cheirvivc Pin, Prewntt, the CAI needs air additnimal 53, acres oi'pmk lmd to meet:
adopteii IeN,,els (:rfsuvkv In a&hdm4 the Umipmhensive Pkan identifies, the 16thmving goals
and po I icy that s-rWpmt 14 pmposed clum,
JIGJ Develop, gru%v, and mainmin as divase and icecssible park, rccrcation, trail,
and cq) en Space 'Systclil dMt CallanCTS C0111TIH-111ity Ch,,iractcr,
P-P2 AcqWre land Rw die development ofparks or [lie Preservation ofopcm space
within Ore CAty's boundaries, andidjacenl UGAs,
NP3 LNhg din Ws and Reaem5n Master 111an, period,icafly assess rCcrcaiiollal
19tc; h6es to idmilty pmer,151 gqm and itniummments.
PhnAng MmunkMon Hn"Ts md R"mmmmKWKn CPAQW34H
INge 2 44
P- P'7 Identify atul protect regional oponi Mxwes and imarral amas to Out a
connected nowork of active aria poissive recreadmi areas.
NI'Llil: Pursue flood hazard reductk)n while provi(fing predictability for landoNvnens.
Nil~".-1`9: 1-"J1SLR-C,' Mar. WC[Iands., fish and WOW MAU cwbovathon awav Symndy
flomled amac gmAogically hazar(knis areas, and erhical aquifer rechrule
areas tire idcntified (Jcsif�,nated, and prolected
I A Ile change no P/OS will nahmput Me physical criKonnient. 'fire change will result In less
Ownive tines thmi are: k0hwed in SFR and W! zones, re luting potential Cj"J�CtS ()tj tire,
physical etivironnient,
I& Accoubrig io the 0*"s (Stic,,fl Areas nu'ip, mom of dw pirperty is lomaed in dw 100ITar
tloodpl,ain. 'The pdmaq Sod zone designation that aplAies to the she is AQ NvhWh is del'ined
SIS an area Of ShillOW Usually in the forrri of sheet flow, with art average depill
fi-oln I to 3 feet,, I'licre is also a seasmail streant (DNR Type I-) l(wated on the
properly that flows into a drainagc c1rannel, which is depwired hoo a sUmnwalcr storage
hasin where it infiltrates inu; the sAl. The parcels are rum kwated whhn ArdixicyrWicbm,
and there are no known swKe water quaQ oT quandty issues, Thet ity's envininmeiflal
controls including floodplain and critical areas NgUlAtiOnS Will C11SLH'e [11'OtWion 01"111C
critical areas nand aQacem land use are addi-essevi at the time off"utnre devcli)pmern.
l)uHng dekbemdons, mernbers (if We Pbn&ng CotrimlsOn stated an ap=mma with public
Wminumy than as Sure parlc deQuyncro A= "insidet- maAmirving the area as inaut-al
iMen space,
19. Ile proptned annendinern is cotnpatiNe with We swvninding land uses, Future development
of Te puk spee will provide as doctmxwd need and iocation. identified in fl"w 20 11) Parks
atul Recreation Master Plan.
20� proposed anwridment We is adquMely semed by and will have irdrrhmal hnpacr on
conlnulnu',y filcilitics including utildies, roacls. QAW QnMmnab, parks, mcTern0n, and
Schtuds.
21. IS pr,Ncd amendment 1wovides henents in die neiglOwdumd and City by ps)ANg all
olipontuty to pmvide puk and oNn space U) Me n6ghtmidmod mAhma We need W leave
die area. Nante's Ferry Part, Me nearest fornial public parlq is outshic municipal boundaries
and mAntabred ley Spokane (,our, The prolmsed amcrRhwnt MH pnwkh new Hy -owned
and nmkmhwd heart, and open space for residents. The exl-mnsion ofpar-k space in this area
will h0p thc (Ity nreet its adopwd LOS for park, latl&
22, The quatnity and location ofliark Laird is phmned hor and neoded as identified in the Parks
PW A part at Bis locaOon ftirthers the gc),,als ol'thc larks IM and (Awripmhensive Man.
23. The prqxmcd change vwndd have no lnrpac( on prqjecied poputation density.
24, The propowl JH ima have an impact on odum aspects of to (Mri,preherske Phm In wMA.11)
to incei,ing the goals in the Pals and Recreation Master Phan the proposed "'u)"Ierldnient
addmsws the Pfflowing goals, policies, and strateply of Be (OrnfircherAve Phan:
I A462 Puwkle I`crr land uses that are essential to Spokane Valley residents,
employees, and visitors.
PWmHWCmwmKQm hndingsand Recommemladon
Page ; ON
Ll J- P 18 Enahle 1,nuhiic open, sfxaces.
POI Develop, gn)w. and rnainUrin as Kew and accessRS park. ivercAOIL trail,
and cq)en "Jxacc s.yslcni that cnhanc�.,s coniniunily character.
It P2 Acquire 1W Rw the cKvcKpnwn1 of pals cu be [wcguvadon of o1wn space
"Ahin Ow (Ty's 1xvindaries tnuf a(yaccni I WAs.
XP3 UsKg die Pals and Recivathm Nliscr Ilk.w, periodically 'Issess, recivalion]
1WHIs lo idmHif� polenti,',O gaps,'ind inuplovcnwnls
I&P5 lks"n pwts am! COMInUnny fiacilikes io provide e,,,isy access for pedcstriarls,
Ncycles, aulos, and puNic transit.
V 118 Pkin for access to parks, tutd, and other qwn sywes in A neighNnOwds.
NR-G I 11mmm Oomi hazwA Auction We pwWing prediclahkity For knulmvnws.
NR?2 WPM aruVor reguhu1y tWdatc wnwhed p1ans Rw (JeMer Creek, Glenlose
Chwind, salfcse Crack, Fbiker Draw, and Central Park Basin,
N R 43 Pmpmv an ami-now, updMed unap ofarcas cXpected to he inundaled 1)v a 'I 00-
year flood, parficulady in thu Sjxlane Wer FoNer 11H, and Glevirose
ClainwiAreas.
N R.119 [,nsurc dial wcdands, fish and %dd% hAital, e,aonserwoion ,ire,,is, freqiicnfly
lloodcd are.as, geologically hazardousareas, and cvilicd aquifer rechargeare"Is
are identific'd, desip'nated, "Ind protcaccL
Conclusion:
The PNnAng Commkion Ands emnokince Wh SVNU: I TW4000 (bmpmhensive 10,111
Aniendincni AppToval (YeAt for (TA-202.3-01. This pioposed 2023 Conifirchensive Plan
amcn(fincril is, conniment whh the gods and policies of Me Sylane Valky Unnpruhwidve RUL Hnd
"TAI JUMM OW PUNC loran Ut sal, wORwo and pmetion (Ahe enSonment.
h1con"nendalions-
The SpAane VaUcy Plmndng Omimisdon recce nniends thc Chy ('°ouncd approvc 2023
Umnychensive Ilan nawndment CIAN20234H,
Ajy'ovecl this 13"" &,'�iy of,hily 2023.
Wall laneU C&Zhav'rnan
BEHOU10=0 I
Wdanxw I mnonq flaxtning Con= imbn Seuwr:
Nanning Cornndssion hf](36 I p and Re'con ]I nwndahut I
I Ove 4 o 1 4
Meeting millutes
Spokane Valley Planning Commission
Council Chambers — City Hall
March 9, 2023
1. Planning Commission Chair Karl Gnanrath called flue meeting to order at 6:00 p.in.'17he
ineeting was held in person and via ZOOM inectings.
IL The Comi-nissioners, stuff, and a-adience stood for the Pledge Of Allegiance.
Ill. Administrative Assistant Marianne Lemons took attendance, and the following members and
staff were present:
Susan Delucchi Tony Beattie, City Senior Deputy Attorney
Val Dimitrov Chaz Bates, Planning Manager
Karl Granrath Lc-%,i Basinger, Plaimer
Wait Hancke Greg Bingamin, IT Specialist
Bob McKinley Marianne Lemons, Administrative Assistant,
Nancy Miller
Daniel, Wilson
IV, AGENDA: Connnissioner Haneke inoved to c(13137-ove the agendafibrJ11forch 9, 2023 (is
presented There was no discussion. The vote on the inotion iva� seven hiftivor, zero against
cind the inotion passed,
V. MINUTES: Coninfissioner Dehicchi womd to apl.)rove the Febiiictry 9, 2023 ininutes cis
presented. There was no discussion, The vote on the P10tiOn iwis sei)en inficnor, zero agctinst
and the motion possed
VI. COMMISSION RE PORTS: Coininissioner Hancke and Commissioner Miller coinmented
the HB, 1110 is moving through legislation and encouraged the Planning Conimission, to
continue to track its progress,
VII. ADMINISTRATIVE'REPOWl'. Planning Manager Chaz Bates stated that an open house
was field to discuss the City's plan to address hoincless issues within the City limits, lie also
mentioned that the City has inipleinented a multi -factor authentication prograrn for, all City
email addresses, He informed the Planning Commission that they would be receiving
instructions and the proper hardware for accessing their email.
Vill. PUBLIC C'OMMENT: There was no public comment.
IX. COMMISSION 13USINESS:
3-9-2023 Planning Commission Mintfts Page 2 OF3
a. Study Session: 2023 Annual Coin prelieusive Plan Aniendnicaits
Plariner Levi Basinger gave a staff report. He explained that the Growth Management Act
(GMA) allows local jurisdictions to consider aincridnients to their Comprehensive Plans once,
a year, Tile City received one proposed site -specific inap amendment during the application
timefraine.
Mr. Basinger stated that the applicant/owner of the proposed property change is the, City of
Spokane Valley. The requested amendment is to change the zoning from Single-Fainily
Residential. (SFR) and Neighbor hood Conn-nercial (NQ to Parks, Recreation, & Open Space
(P/OS). The aniendirient will expand the P/OS zone by 219 acres,
Mr, Basinger stated that the area is identified in the Parks & Recreation Master Plan. The
change will provide new park space for residents in an area of the City that is lacking in park
space. The proposed use is compatible with surrounding -uses. The change will also preserve
open space in the flood plain/critical areas. Hestated that the City has determined that the
site is not conducive for building but will serve well as parldopen space land,
Commissioner Haneke asked about surrounding parks in the area and why tile area is
considered "lacking" in parks and open space, Mr. Basinger answered that the City' s Parks
& Recreation Department has a level of service of 3.25 acres of park. space for every 1000
residents. Based oil the level ofservices, the Parks department has determined that this area,
is deficient according to that level. (Plants Ferry Park is two miles away from the proposed
change but that park, is in Spokane County and does not count towards the level of service for
the City.)
Comniissioner Deluccbi asked if the property was donated specifically for park space. Mr.
Bates answered that it was donated with the intention of being used as park space,
Comnlissioncy Hancke commented that it makes sense to use the property as park space
because it's not really suited to any other use, "Flowever, the additional park space will create
all additional financial burden to the City in maintenance and development.
Commissioner Wilson asked if an environmental imi-met study has been performed on the
property. Mr. Basinger responded that the City did a State Environmental Policy Act review
specifically on the land use change, It was determined that there is no significant impact
based oil the change of use, A more in-depth impact study will be performed at the time of
developillent,
Commissioner Dimitrov asked if there is a definitive park development plan and timeline for
the property, Mr. Basinger answered that that there is no specific park plan or proposed
tinlefille yet.
The public hearing for this itein will be held on April 13, 2021
3-9-2023 Planning Commission Minutes
Page 3 of 3
X. GOOD OF THE ORDER: Commissioner McKinley stated that he would like a quantified
home price for "affordable housing." Commissioner Delucchi stated that she is teaching a
class on Traumatic Stress Disorder beginning in, April at the Elks Lodge.
I. ADJOURNMENT: Coiiiir,iiysioiiei°AfeKii?lej� moved to adjourn the meeting cat 6:33p.m.
The vote on the motion 1,vas seven infavor, zero cigainst, and the motion pcissecl.
(12
Karl Granyath, Chairman
Marlame Len -ions, Secretary
1#7-1/�3 �
Date Signed
Meeting Minutes
Spokane Valley Planning Commission
Room 109 — Centerplace Regional Event Center
April 13, 2023
I. Planning Commission Vice -Chair Walt Haneke called the meeting to order at 6:05 p.m. The
meeting was held in person and via ZOOM meetings.
II. Administrative Assistant Marianne Lemons took attendance, and the following members and
staff were present:
Susan Delucchi Tony Beattie, City Senior Deputy Attorney
Val Dimitrov, absent Chaz Bates, Planning Manager
Karl Granrath, absent Levi Basinger, Planner
Walt Haneke Chad Knodel, IT Manager
Bob McKinley Marianne Lemons, Administrative Assistant
Nancy Miller, absent
Daniel Wilson
There was consensus from the Planning Connnission to excuse Chairman Granrath,
Commissioner Miller, & Commissioner Dimitrov,
111. AGENDA: Coininissioner Delucchi moved to approve the agenda for April 13, 2023 cis
presented There was no discussion. The vote on the inotion ivas four in favor, zero against
and the inotion passed
IV. MINUTES: Corn» iissioner NTilson moved to approve the March 9, 2023 ininutes cis
presented. There was no discussion. The vote on the inotion ivas foiir in favor, zero against
and the motion passed
V. COMMISSION REPORTS: Commissioner Wilson reported that he attended the Spokane
Valley 20-year celebration on April 1", 2023. He stated that it was very well done and
organized. Commissioner Wilson also reported that he visited the regional water/wastewater
treatment facility. He gave a report of how the treatment facility works and encouraged the
public to visit the facility.
VI. ADMINISTRATIVE REPORT: There was no administrative report.
VII. PUBLIC COMMENT: There was no public comment.
VIII. COMMISSION BUSINESS:
4-13-2023 Planning Commission Minutes Page 2 of 5
a. Public Hearing: 2023 Annual Comprehensive Plan Amendments
The public hearing was opened at 6:12 p.m.
Plamier Levi Basinger gave a staff report. He explained that the Growth Management Act
(GMA) allows local jurisdictions to consider amendments to their Comprehensive Plans once
a year. The City received one proposed site -specific neap amendment during the application
timefiame.
Mr. Basinger stated that the applicant/owner of the proposed property change is the City of
Spokane Valley. The requested amendment is to change the zoning from Single -Family
Residential (SFR) and Neighborhood Commercial (NC) to Parks, Recreation, & Open Space
(P/OS). The amendment will expand the P/OS zone by 23.9 acres.
Mr. Basinger explained that multiple types of critical areas have been identified on site. The
Critical Areas Map shows an existing stream/drainage channel on the north side of the site
and the location of the floodplain. He explained that much of the site is defined as Flood
Zone AO, which is defined as an area of shallow flooding, usually in the form of sheet flow,
with an average depth ranging from 1 to 3 feet. Given the strict building requirements applied
to structures in the floodplain, open fields allowing for passive or active recreation, with no
or few structures, are ideal for locations such as these. In addition, there are several
easements identified on or adjacent to the subject site.
Mr. Basinger stated that the area is identified in the Parks & Recreation Master Plan. The
change will provide new park space for residents in an area of the City that is lacking in park
space. The proposed use is compatible with surrounding uses. The change will also preserve
open space in the flood plain/critical areas. He stated that the City has determined that the
site is not conducive for building but will serve well as park/open space land.
Mr. Basinger reported that the Planning Department sent the proposed change out for agency,
staff, and public comment (the notice was mailed to property owners within a 400-foot radius
of the property and was posted on site). There were no staff or agency comments received
and the City received three public comments. Two of the public continents were in favor of
the proposal and the third comment requested that single-family development not be allowed
on the property.
Commissioner Haneke asked if the City has plans for developing the park. Mr. Basinger
answered that the City has identified it as park area in the Master Plan but has not created
definitive plans for development yet.
Commissioner Delucchi asked the process for developing a new park. Mr. Bates answered
that the Parks Department will create a formal master plan for the proposed space which will
be done through a public input process.
Barbara Bartak (Spokane Valley) stated that she lives across the street from the proposed
property. She explained that the property is home to deer, pheasant, turkey & quails, and she
4-13-2023 Planning Commission Minutes
Page 3 of 5
has concern about what will happen to the wildlife and native plants when the property is
developed into a park. She expressed that she hopes the City will allow the public to provide
input on the development of the park.
Rick Donaldson (Spokane Valley) stated that the property is a habitat area with many
different types of wildlife. He reported that he is a proponent of the proposal but would like
to keep it open space if possible.
Administrative Assistant Marianne Lemons read into the record a public comment received
via email from Susan Brunemeier (Spokane Valley) stating that she is in favor of a natural
park in that area and hopes that some wildlife and binds will make it their habitat.
The public hearing was closed at 6:33 p.m.
Corn nissioner Del" icchi inoi ed to recommend approval of CPA-2023-0001 to the City
Council as presented.
Commissioner Delucchi stated that she would like to see the area preserved as a natural
wildlife park that could provide an opportunity for children to learn about the wildlife in the
community. She said that she doesn't think it should be developed into a formal park area
and would be better left in its natural state.
Commissioner Wilson commented that wildlife has occupied the proposed area for a long
time, and he would also like to see the area left as it is currently. He doesn't think it makes
sense to develop it in other ways.
Commissioner McKinley said that he is in favor of the change and would also like to see it
preserved in a natural state because the City needs areas for wildlife habitat.
Commissioner Haneke stated that he would like to see it zoned just open space instead of
parks/open space because he would strongly like to see the property remain natural open
space. He also mentioned that dumping has occurred on the property, and he hopes that the
City will get that cleaned up and put something in place that would prevent that from
happening again in the fiiture.
The vote on the motion ri,as four ire favor, zero against and the motion passed
Mr. Basinger commented that the Findings Of Fact on this matter will be presented to the
Commission at the April 27, 2023 meeting.
b. Study Session: STV-2023-0001: Street Vacation - 22nd and Glenvie-tv Circle
Planner Levi Basinger gave a staff report. He stated that the street vacation is privately
initiated request from The Oaks Education Association to vacate 6,970 square feet
(0.16 acres) of public right-of-way (ROW) in the alignment for Glenview Circle,
located south of and adjacent to 22na Avenue.
4-13-2023 Planning Commission Minutes
Page 4 of S
Mr. Basinger explained that the ROW proposed to be vacated comprises the fourth leg
of the intersection between 22" d Avenue and Glenview Circle. The ROW was originally
dedicated as part of the plat for Glenview Acres 3rd Addition in 1968. This leg of
Glenview remains unimproved and does not extend further south.
Mr. Basinger stated that the ROW is adjacent to two properties, parcels 45281.2104
and 45281.2802. Both parcels are owned by Oaks Education Association. The property
owner has requested the 6,970 square feet of right-of-way be vacated because they
believe it is no longer required for public access and the Oaks Academy expansion,
located immediately to the south, prevents a possible extension of Glenview Road
further to the south. The applicant plans to build a private school on the parcel to the
south. The school will be within the alignment for a possible right-of-way extension
south. Access from 22" `r is proposed via a private driveway but is currently located
outside of the ROW. Building permits have been issued for the school's construction
and site grading activities. The applicants will be using the ROW as a temporary
construction entrance, but no permanent improvements have been approved within the
existing ROW currently.
Mr. Basinger said that staff and the utility providers have reviewed the proposal and
have not expressed opposition to vacating the ROW but have requested the following
conditions:
1. A new curb installed across the ROW to be vacated along the south side of 22" d
Avenue.
2. The existing driveway approach for 11706 E 22nd Avenue must be modified to
match installed curbing.
3. Construction within the public ROW must be permitted and subject to
inspection by the City.
4. Easements to allow for maintenance of existing utilities will need to be
dedicated by the City prior to vacation.
Commissioner McKinley stated that he is not opposed to vacating the area since it has
remained unimproved since the 1960's and the area doesn't serve a real purpose for the City.
Mr. Basinger mentioned that the applicant, Oaks Education could move their driveway to the
vacated area, but they would have to provide an updated plan for review.
Commissioner Wilson asked if the utility companies will still have access to their lines. Mr.
Basinger answered that the City will make sure that the proper easements are dedicated so
that the utility companies have access.
Commissioner Haneke expressed concern about the vacated area being used as a driveway.
He stated that if it's going to be used as a driveway, the City should retain control of it so that
the driveway is built to the City's street standards. Mr. Bates responded that the City's traffic
engineer has reviewed the proposal and did not provide any comments. He will reach out to
the engineers again and get additional information from them for the next meeting.
11-13-2023 Planning Commission Minutes
Page 5 of 5
Commissioner Delucchi asked if the City gets paid when a street vacation occurs. Mr.
Basinger answered that a compensation Resolution was passed that states the applicant must
pay 50% of the assessed value of the vacated property. The property has been accessed at
approximately $15,000.00.
The public hearing for this item will be held on April. 27, 2023.
IX. GOOD OF THE ORDER: There was nothing offered for the Good Of The Order.
X. ADJOURNMENT: Connnissioner McKinley inoi,ed to adjourn the ineeting (it 7:05pin,
The wrote on the n7olion iiasfour infavor, zero against, and the inotion passed.
Karl Granath, Chairman
Marianne Lemons, Secretary
112 ?�/'2,
. . ......... ..... .
Date Signed
Meeting Minutes
Spok,ane Valley I'llanning (,omtnission
Roona 212 — (,'enterplace Regxional Eve,nt Center
Al"027,2023
1. Planning (Am-nnindon Ominnan Karl Oranralh called the meoing to order at ( 1H) pin. The
jri,ceting a,/as held in 1.:)ersori anted N,,i'a ZOOM aicetings.
11. Ile (Inmnkskmers, MAI and Mence stood Ar the Pledge (,')I" Allegiance.
M. AdminisiraUve AssiQuil Marianne Lemons took atteiAancc, and the l'ollowing, members and
staff were present:
Susan DeRwehi
Vol Dwomw
Karl Grarwath
Walt I farieke
Bob Nklkinlcy
Nancy, Miller
Daniel Wilson, a'dlsent
Tony l3cmde, My Senior DepMy Attorney
(,'fiaz llates, I'lannirig Mariaagcr.
Levi Rasinger, Planner
Greg Birigamin, 11' Admager-
Marianne Lernons, Administralive Assistant
J'here was consensus From the Planning Uonnuissimi to excuse (ANnnAsMomr Mson
firom the meeting,
1 V. AGENDA: (Anmimlonm Oeiucehi moved to cqywove the 2'7, 20-23 as
prc,scniett. There was im dkCLMskm. Me vwe on A motion was shv hQwn" zero agubmi
anti the mothin passeel.
K Nim i Yn',S: ( 'onnnissioner DeNtrhi moved to cqynwve the J& / 3, 2023 mintles aS
essd 1ws no cscussIvaon, Me Me on the mmion mm,&e
('onimissioner (;rar7rcilh obsttdoed fi'otn the m1c, tunl the inotion passetl
V1. COMMISSION REPORTS: (.'onindssioner Eklucchi expressed concern that 111 I I M (the
Missing Middle) pamed though hot harms of RgislAture and is ready for signature by, 'tire
(mvemon
101. ADMINISTRATI'VE REPOKE 11ar7ning N&umgcr Omm Bates gave an adminisustive
report, regarcling the legiiiative lilts that affm larid rise tfi,at were passed by, legislation aird,
are ready Or signaume. Ilis included I LB I I 10, 1 1B 1181, and Senate Bill 5058. NU Bates
Also reported that the Oty (Muncil came to consensus to rcrnove the owner occupanny
requirernent f "rom. Accessory Dwelling Unit (ADIJ) requests. This will be reviewed by the
Planning (Amunksion at a Ram mmOng.
VIII. PUBIA? CDNJN1EN'17:, '11terc was 110 PUblic cornnient.
4-27-2023 Planning Commossjon Nfinutcs loge 2 of 5
IX. C.."ONIMISSION BUSYNESS:
ic Public Illearing: STV-20234100h 22" Nvenue & Glenview Circle
HIC puhlic hearing was opened at 6: 10 p,rl'i.
Plantier Levi Bainger gave as staWreport. I le Owed that Che strect vacation is, privately
initiated Urn The MAs 1,.,ducation Association to vacatA: 6,970 squzare feel
(0,16 acres) or public right-of1way (RONV) in the aligninent for ("flenview Circle,
kwated somh oFand ofmn, to 22" Manue.
ilk Bainger expbUred M t4e RIM proposed to be vacatcd cornprises the l6urtli leg
onhe hAemattion butmen 22"l Avenue and Glenview Cirele.The ROW mma,s orig ,imally
dedicated as f),irt of' the plat fior Glenview Kres 3rd Addhion in 1968. Ilds leg N'
Glenview renuins tuArnproved and does not emend JIM= somh.
Air Basinger statcd that the NJ(qice Of Puldic hearing was pomed on We sh, was
PL.lblrShed twice in the newspaper or recont (Ibc Vad-ley I Jerald, Nvrhten rK)dcc mis
mailed to the aklflillg, properties, =1 the notice was posted K three piddie places,
N/Ir, f3asinger explained 1hal the appllant pla-ns to huild n Inkme sdwol on dw ImnS
w We sauth. The school will be- wilin the alignment f'ora potential ROW eMension to
the south. Access from 22" is pmposed via as private drivelvvay but is CjnTCjjtjyr loc,:aed
outside of'the ROW, Ht.,i.ilding permits liuvc been issued lor the school's construction
and sit,c grading artivdics. Tle ap1dicank Will bC USing the ROW as at telrIllporary
C011ATUCtiOn CIAT-cluCc, but no permonets improvements have been appmved Miti duct
eximing JUM CUITently.
Mr. Plasinger said that stall'and the utility providers Nave revicv,,ved the proposal and
have not. (.,,xl-.)rcssed opposition to vacating the 140VV but Nnv raptested dw lbHo\V1119
conditions:
I , A.new curb installed across the ROW to tic vacalcd along the sol.1111 side of'22"",
Avenue.
1 Ile exisling driveway approadi Or 1170() 22"' Avenue nrust be modif led to
match installed curbinp.n,,
3. Construclion within the public ROW must be perinitted and sulliect to
inspection by the City.
4, Easenwnts to allow IN mairanance cal` existing utilities 'will need to, be
dedicated by the City prior to vacation.
5. All corns huctured nimt be pid by the pmponmt.
6The proponent is to purchase the area h) he vacMed- (Ile coo is calvdatid by
the fi)rfl)11kf aclopted in (,,Jty Council Resolution 2022-021 The WLA annnan
due is $,15,111 M).
Mr. Basinger stated that staft'has reviewed the criterld oudincA in the Spokanc Valley
MUniCil-KII Code (S\/'M(',,) liar strect %wra&ms and feel that the reqUeSt, Will tneet all the
requhunurnts once all the cotiditions ol'approval are inct.
,1-27--2023 Planning Conunission kfirnfles
14ge 3 oF5
Mr. Basinger said thal 01 Cil received several ptiblic conimcnts regarding the
proposal. I'lle residcrits haei concerns ahmo tranic on 22' Avenue. Ile exphdncd Unit
we Gly ITWTC Toghwer does not support Tc Lac of this vacated R0VV h) lie used as
access to the site, A tire access lane, to the %vest cd' this vacated pix,erty has bewr
approved and any changes to that proposNI iwcess %w)uld need to he reviewed by the
1011c Engincer Jbr complimice with traffic circulathm.
WninisMoner I Itarac c asked if the apl:,flicants could Come to the City in the tuturc, to
rcclucst making dais access as drivew ay. ir so. COUld a condition he placed on the
property that would irot AM than to do so, Mr. Basirtger ariswervd At a change to
the drivneway %voWd raWhe applying fin- an ,tppnmch pennh thM woWd be redewed
by City devek)pjrlent a,,uld traffic, enpricers.
T'he aj:iplicant, Cluirlic DoNvers (!lead or sormi for 0aks Academy) staled that the
sc,hooi is ctirretffly housed within eight structures on the property and are in Hic process
(Wbuilding one large school so that MI the smdcms mill be cenhahzed in orw Incaution.
Ile alm) swtcd that currently the 11MVIS supposed to Inc by and at die cost.
oldie City� If the vacmi on (I the pro pea y is apprOvicd, I lie (_!it y III I no I onger be I ial:fle
I'6r that rraaa.irzta uaarracc, I le ako Stated that the school Si/C WHI u0t be iflCrC,2Sif_]�._1 With tile
new Imilding and W not change the I-)arking needs.
RM Teminumy:
Nin Smith (SlAane Valley) stated Taal she is in favor of the savet vacruion because it
has been as weal lot Tr 30 yeam. I lowever, she would like the space U) be used as preen
or pat stmce My and not used liver prating or as as Meway due W die saRly of'
children, walkniaj on 221111" Avenue.
(keg Mring (Sp)kane VaHey) expressed conctan abow the City gitling pRjorty to a
pivate (THMian AM and concern about IrMhe and chMoCs sAy I the area is,
used For parkint; pickup, or drop W Ile said thri he viouki like to see the area tNed us
as Eyeen space only and not as, as access or driveway,
Jim Rowse (SluAwne My) exprcsscd concern abotit the dcccased owner bcing listed
oil the application, He alsc) provided a phMo orthe area sho"ing the proposed vacation
that was provided to the Corrunission. Ile expressed dmi the paperwork Wmuiued by
the 0ak Wis that the awa could be used as fWhig or open space, I le fuels that tMe is
as significant diflZ.xrence between lose tvvo hems and vww1d like U) wee the kwea just
Used aas ()Pen Space. He aly) expressed ctmeern about the sodAy or the chUdmn and is
ngahat the vacadmi as pading or access to the WHij, Ile would like to see the space
reirmin as open green spacc.
"llumias Sant(wsla (Spokanc Valley) expressed concern abOUt tile trd,ffiC and thus
vagueness in die apyflication atmul what The ()alas Academy plans to do with the
pnVeny in the future, Ile stated Hus he Nmndd Nike: U) see as bwa presented plan of
what they are proposing.,,,
Art Zach (Spokane Vallcy) stated Una the application does not speciRcAly say That the
area m4l I m be used as as pwk Ing lot that accesses onlo :22 nd I le odso expressed
conceni that the firc access curb cut could be usod as in access point f6r 1110re th'MIJUSt
4-27-2023 Planniq, Commisskm Minutes
fire persorm eL I I c Wods that 22'"Avenuecarim..)t handfearoy additional traffic that might
he ptuduced Prone i ,in addilion,,11 driVeMAy' or LICCCSS 110it-11 Froin this vacated "Irea,
DoyKariabica (Spokane Valley) staled that Ile Wks has as sick %volk that vvHl go
a I o �i i g "? 2 ... 1 �\N/er;uc to dw new lwoperty to lwlp %Wth the concern about children walking
on the Street. The 0aks hoix.'s, fliaat this flew sidewLdk will help alleviate sonic, ot'those
problems and concerns.
Mr. Art Zach, stated dial In: is happy At the sidewAk impmemem k be-ing done but,
does not Wel tat it will resolve the problem ifthe vacated aami is used as an access that
wNill Put morc,, cars on 22"111 Aveiiue
Con-in-iissioner Nfiller asked the applicant about UfiliZillg [Ile vaeated arca asjusl green
or open space,
NN Uvarlie Domms stmed that the schmd has not researched as 20-year site
development, plan For the propeQ. I fe suded that he would lie! uncondAvdAe stming,
that wilhotit reviewIg H'R is the beg use (Wthe space long tcan,
C(mindsMoner Granrath asked if a condition could be placed on (lie property prohibiting the
vaez'tled area frorn heing used as are in the fumv. NN Mes aimNered that the City could
not he able U) a1mch dial type ofcoridition on the proj.)erly,
(OninAssioner Delmehi asked if the My could require that the curb and sidewalk be
cxtendcd all the way through tire wmatcd property to help prohibit it Crom being used as an
aIccess or drivcNvay. NN Babriger resImt-rded that the C'ily doCS 1'111VC "A Condni0l)
wgwdhg cui-bs and Admallas that vvill havc to be nict bcforc Oic plat is signed, and the firial
mcation is completed. 1 le adso exlWained On, any Uum chan.)es to the area making it as
drivewa.y or access point Nvouki recNA My redew and appmoval The Sebor'llaftic
fAigineer has documented thod he is not in Avor of the as behig used to nweess.
H"'Ie public hearint..,, closed at 0:54 pmi,
Colninissioner lo mconnnendtTproval qfS7W2023-0001 to the (40,
0noull as Inmom(
Co.rru-nissioner I Nneke mawd that he is exvmndy comernad aNnu the pnTerty being ma ed as
as driveway and WOUld rca-.illy Hkc to see as mndhimi that would keep that ALmn happenhig W
the fuume, Conandsvioner Miller agreed. CAminnOssioner Dehicchi said that requiring as curb
and sic waNs that mtermls A the way, to (lie vacated property could keep a driveway, froin
happen i rig,
ComnAssioner (Namalh cmumented that this 110W muld have been used as as street Once the
i nceplion orthe jAat A 1968 but it has never bem used as an access. "rhe ormy Street Engineer
has stawd Owl fic does not support Edlowing as drivenvay at this location so lie ieels fliat it will
newx he allowed as a driveway or access onto 22"" Avenue.
4-27-2023 PkmiOTq� Uomnflssion NfinWcs
M�MMRM
C'onmWoner NIKKO sAd 1ht he Wels approSig the su•eel'yacaticai will niake, it n-1oT,e
THIM IN the applicant to use the propeMy us a d6veway in the Name. CAnindsionet-
I haicke agwed.
Ilic on the nwhon mom shinjavor, zcroia,(,,ainsl and the nuvion1mused.
(WnwAsMmwr Delucchi reclue nted Owl die 11mming CAMUnkSiOnS CCMCCnLs be ivad in the
lindhgs or NO and lbrwarded to the Uty council Coi- considei'ation. a.nd discussion.
Mr. Basinger said Oua the lAndings ornet on this inatter, will he pi,esenled to the
C'onunission at the May 11, 2023, nweling
h. Findings of as 2023 Annual Comprehensive Plan Arneininients
Manner I xvi Wainger presented flic Fitidings of Nct I& 1he Annual Coinpi-chensive Han
Anieridinents, lie expk6ned that the Planthrig Conmnksion held am r,)ublic hem -inn on the
1-ii,oposed (-J)A on Aptil 13, 2023. lie Manning Cotrunission cichhera,,tted on the C,'TA and
voted unaniniously to forward the pipposed aniendinents to the City Council, as piesented, Ile
explained that the l"indings of Net WH Annahze the recoannendations that were niade at the
ImbUc huwkg,
Cbnunkdomi Delucchi noted a tyl'.)o on page 3, l')anig.)t•aph 2 1,
0unmAujonw, McKinhj; inoved tccy.)provc' ondfi-)rsvtnx tat the, h7ndings (afkact to the ( 'itv
(_ ou,acll as presenled Thei-e was no discunion. 7he twic on the inotion ivassix injiwor, zero
cyphnst and the tnoaon pused
X GOOD OF THE ORDElf Umnnhsioner Dducchi rccltiested thatthe stall'give a fi)n-nal
update and amilyzation orthe inipacts of 11131110 to the Platuning Umnikskmi once it is
signori huo Via
X L AIMOURNNIENT. (,'a n un issio ncr lktnd,, ke al o 1"Cd lo, ue#o 1,11 n ihe nie e I in, ,!, at 7 .- 17 1). ni. 7 lu,'
vow on the tnoaon mws so inAnyx zero iqpuinst, and the inotion pass'e(,J,
Walt, 1 laneke, Vice-Chairt-nan
- ------ - -- -------
Admimne LemonN Scoviat-y,
Dale figned
Special Meeting Minutes
Spokane WHey Manning Conunisskin
Room 212 -- Centei-Iihace Regional Event Cenler
June 22, 2023
1. PlanAng Corrindssion Alice-Chainnan I laricke calkid the ineding to order at 6:00 mceHq.!,,
mu s held in pemon and via 2MM4 inectIngs.
11. Fhe Coirimissioners, stalIj and ELudience stood lor the Pledge (A'Allegkincc-
111. Administrative Assis[«.,tnt Marianne Len -ions took a,tiendance, and ih(.,, I'oflowing niend,,)ers arld staff
svcrc present:
Susan DCIUCChi Uny BeaW, Senior Depwy City Attorney
Val IWAVov ('11az l3ates, Plariniq, Manager
Karl Gramah, absent Lori B,,,wtow. Senior Planner.
'W,flt Ha,nAe Levi Basinger, Phnner
Bob McKinley NiklKi Cole, IT SI)eciafist
Nancy Miller Marianne I xrnonN AdmhAska6ve Assiswint
Dari.M Wilson
There svaas consertsi,is frorn the Pl,,trining Comnlission inentbers, to excuse Chair-Gr.,.trirath.
IN w AG to Py DAA: Convnivsionci- d11r •Kink,,i; ino ant'i it vra,s .s,ecotmlef I tdr uppi w ve 1he Mne 22, 2023,
as lwc,. entet[ There was no ChSCUSSioll, The VON OW KMotion, r,vas six in jilvor, Zell)
al,id the, nn�aion passeel
T MINUTES: (Imunimbner Ddiwchi movewl, Uild it wos secon(Ic(I to al,,)Iwoi�e the June 8, 2023,
minides as presewctt Fhere %,VLi,S 110 diSCLIS'SiW 7he vwe onthe mobon mus sh iRAnwr zem
qeainst, and 1he motion ]no;se(,/,
VL (".'ONIMISSION IMPORTS: fhcrc were no Pianni�ng Cornmission rq)orls.
'II. ADMINISTRATIVE REPORT Ma rming Manager C'lxaz Nates re[)ortcd that the, City Cotincil
rmssal as resWtaim; to change the locMimi of the Ilh.,umi rill Commission meetings to Centerphace (Infil
the constritiction is conjActud on the City I lall Council Chambers.
NTL PUBLIC CAMINIENT: Thae vms no rmbHc cotmem.
IX. CONIMISSION BUSINEST
w Public IIN"ing: CTA-2023-0002 . Acccss(::iry Dwelling I&I (ADU) Regrilations Update
6-22-2012.3 Planniny Uommis: ion Mkm(es Ago 2 OF6
'I he public llc,,.,.u-ing was opened at 604 pim
Senior Platirwr 1,ori Barlow presented as staff rerK)rL She stated that C'TA-2W',,!3--0 002 is as city-
it-dOmed code text amendmem t.cr revise Spokane 'Valle ' y NINcipal Cmle (SV34C) 19AT(OO as it
rekdes to ADIJ standards, 'Ilia proposed rq t,dadou (JIMIgC Will CfilflirRILe the rC(lLrirCMC11J HIM the
properly owncr occupy the prinrary dwelling unft or the IONJ and oler mattei-s relMed.
Ms. Barlow outfined the Iwoposed draft I'CgLIL:1001IS:
One ADU per parcel.
()ile off-street paarrh,irrl, sl,,.)ace j-)er AD[ L
The ADU must be at deast 300 T" but less thmi 5011 or the prii-na, MCA=
The footprint of the ADIJ cannot exceed im orthc lot area or 1000 st, whicl-iever is greater,
The ADU cannot havc, niore, than 2 bedrooms.
TIICcrrtrAaaracc 11ILL"SA l)(, located m the sidc or rear ctfthe jlrirmaary StRICWIT
IN AIN Must he SCI behh-rd the trout huddit-ig Mack line and iriect all side, yard setbacks,
Ime AM j will only hc allowed on As with a single-Carnily dNveifirig unit.
A 60c no6ads rmfuhred.
Nds, Barlow hightigNed drat the only change to the code woulcl be to rmimve Te owner occupancy
rcquircnneiit,
Ms. Barlom, explained that code -text ameMeMs can be hlifimed by pmMemy omimm, cNizetum,
agencies, neQhbodood amciatOns, (11), Dc,�Partrllcrits., tile City Narming Commission, or the City
Uoun6l. The approval Ateria to be consArcd is to dern ine if the codewl arninuinwnt is
consiswrit whii Ow rap [dicable provisions of C!otilprehensive Plari arld hear a Substantial rel"ition
to public health, safinty, \vclfhre, and protection orthe environment. She stuted that the (,ity stalTh"is
dMermincd that die code -text ainclidnment is consistent with applical,)le provisions qfl'the
(..'oj-.nl)rchcnsive JIM arlol does bcar a subsImAial relabon k) public Wirt saIty, Nvelfirc, and
Prote'dion, of' tile environnient.
Nds. Barlow stated that the beriefits of the change to the code would add diveNty in hcmsi, opdons,
Immide a houshrg type that blends hi ;Oth exisdrig singleArldi.y neighborhoods, cater to
chanp�,Jng delnograj.-rhics suct') as serliors or snia.dler househokh, Would prov'ide houshig that is
typically more "'dfodable tliin single farnily fronies, wouki mnave a known harrier h) AM
production and would be a gcndc approach to accorrinmdMing the liousint,,, den -rand. She explained
Atat the Impose of the rwoposed amenTriem %voidd increase, the overall housing supply and Variety
oflumsing, would encomage ON development, would reduce the aced Or addiAnal land because
(lie AN FS Would WIN avadalde ma %ithin estabfishe(J ncighborhoods,, and Would provide 11-n- a
greater opportunity 1`61° 130U,Sin01)6011S.
Ms, lR«:,Irlow Concluded that hascd on the requAmems; outline in SVNR: I T81 15%. suin,
remnri-imis the Phnning Cm-rimission approve ("FA-2023-0002,
Coninlissioner FlAucchi asked the Ivocess for as code -text, anictidrTient at the Cil); CoUnCif
level,
6-2:-2023 F`ht au tinjs Conmvissk,m Nlnkocs
Phaining Mmiager (Taz Bates answered Ito Oy QmncH NOW= Arim! \hOodoud recommended
Waal this Our be Onvarded to the Pkmnhig CbrimnNion Q corildaradon chning the -advanced
agenda" porrion orthe ineeding. The My CUM agmed via consensus to the rccayu-nendation.
I he Oty N4wwgcr awn MOW the Manning Stal to fimcced Wh the draft language Or
presentatum,
Fhe i1cm Nvas opelied Cor public, corninclit.
Bar I Iowan! (Sp4ane Valley) Mated tht she fins an ADU locrind in her ne[ghimrhooid., and she
doesn't fec,,[ Chat the Oty WWI ndlow thmn at all wilhin the City lilriits. Shae adsoi c°xpresscd Coneern
nogardIng Uyrnpia dictating Wat Spokane VaHey is going U) do with thdr land me. he does not
think that t1w Chy has aw inhasinw1mv or rewtuses (p olice. code enforeciiient) av,ailahle to service
the addid(mial Musing units.
Katy ?Ommv representing Big Sky I Ionics and Devekq)rnent. SO: stated that tire owrier-occupied
rcoluircinent is extreniely restrictive and harrnful Rw Imnwownery to develop TO pnqwny. She
explained that thus dnmge will allow niore Mrclabk homes for the middle-incorne finnilics. She
showed that their proposed dC%QTrnCM will IMNC W homes m/ith fivei%Dt 1's on the Inopemy
kwaWd at I Th Avenue anti Rues I acne. She d(wsnl think paTer-ty o"vers shotdcl, be restricted (mi
%dud Hwy can do mIth their pixWet-ties.
Steve Fisher (SI,)okane Valley) stated that fie has an AdXJ on his properly oind is out cif lown for snore
t[ian six rnonths ofthe year. Ile expressed that fie do)esn't think Orere should be a restriction on what
proIx,rty owners Lan do with their pnMemy am! doesn*1 feel that at ['M-SO11 ShOUldlCt he Penalized it'
toy doWt live in the lirimary hoome U14in-ic. Ile also commented that the Stale has passooi
legishuion, that will Nrce the Oty m remove this requhronnent and thinl�s that it, shot'lld be done now
ndher thorn Nvahing fbr the implei-nentation ofthe Law in 2020.
Unda hNsch (Spokane Valley) stated that she has done a hm of ronswO on how to Me as Oty
better withoiit implementing invasive laws like what is being, done at the SLitc level. She s"tid that
the (Ity needs to work mi Job gnnMh. She aim) expressed Out she is agairmt the change to the
owncriwetipancy requNnient IN AIA Q becriuse she fhels threat pnnwny vakws will go MUM
Chy has dime yews to hnplernem the laws 1% have been rmsseel and Wds tat the (It"
, needs to
slevw down and figuy out le best smy to no we Trward based on the growth around the Chy limits
(Idalwf
There were rw other public Lummunasonbred- ]be ImMe hearing "as Wood at 438 pAn,
(Wrtunissinwr Miller expvssed that these AW"J"; will ta..rrri into re ut,,.fls in single-l'antily residential
nei,ghborhoods ,aid MI not have as great inipact tiara 111C, IML]Shlt'g TICCXIS.
C,oiranissiloner 141ilson Matud that the QHs of lomper-ty owners to do what they w,vanr with their
propertics should be protected h�,.rt neighboring proper-ty owners also deserve to have their rights
protonted as Yvell. Cfuingyes to this, requirerneni will Imppen Imsed on tire new legislation but he h�els
that there are deins that need to be addressed l-,)el'orc that chan�-.�,C happciis, Ile stated that the currierit
Mammon is miruiggling to keep up m1h W cuum popthadon and adding nuwe detwity could
create substantial lWure issue�, I le I'cels Lhal the Oly Nvill aim) need to kwk at nmd hnProNonorts.
(Jecreasingy traffic congestion, sewcewmer ealmedy, law enOrcernent needs, armi I)Uf1hC ServiCCS 10
,,1CCofl'1MoC1a1c the ne'w leg,,islation so the Chy is not f(WCCd into aA INLICI (41-MA111 Sn-Uaiion,
CornndsMmwr 11ducchi sUded that she Ws the discumion regarding AIAJ's is prcr-naturc, and no
changes should be done to dw cunein code MH an irripw delurnihuahm has been reached regaUng
6-22-NV,713 Narmiq.,, ( oynwNsinn Minutes
N�Emw=
the ric", IcaNIMN. She expressCd thal ShC Woril thAnk fix! item should have been bruight pi nvani
for Con,,JdC1-,,1ti0H Until all OVOIC 11CkN law changes are reviewed and considere(L She said that site
realizes the change is inc0able but they Cily has We yems to prepare fig-�r it so she doesn't think dre
change should happen Lurtil R is required,
(Amunissioner Dirridn)v corrusenled that the ( MY does not have the innastructurv, or die Jmv
cnkwccnnmt res,"u-ces to acconin,io(fine the proposed change. I le Ceels that precederice should be
given to those IXTSons akeady Hvhig in Spokirtic 'Valley versus investor,"; or riewconiers rnow . ng into
we Cly,
CbnnnisMwwr McKinley expressed that AIRFs can change the look of a sinjoe-liandy airea and he
doesn't want to see thenr hudt within his ridghbmirocKi but lbels NO the rcqWrentent cmdel he very
liarto ffil-OUgh Code Fiffcuceineiit.
Wriunkimar I Iwwkc mated Out 1w is strongly opposed to the proposal change. Ile Tcls tat the
change is going to increase the arnown of Ituffic on the Chy swecto and coNd cause capacity Yssucs
IN the (TY Why 05-astrucRilv. UN expvswd Omit he knows the new Javy mill Wee the Chy to
nmke IN charge in We yemN but doesn't think it be done IwRwe dien besuBc A %wndd be
an cridorsernein of the new Stare laws,
C,fonnlissioner Aliller imwed aml U uras seeontletl to recornnw)ul thin the Ci�y (,'ouncil ( T,4-
2023-0002 regarding the renmnul qf1he Divelling 1-Inits.
lbae "as no discusion. 7he vote on the mo6on mws sir in Aiww, zen) r1gainst tnid the alolion
InLysed,
b. CIJA-2023-0091: 2023 (WInchenAvc I'lan Arnendmients (CPA)
Ile puNic hearing was opened at 6:52 in,
planner Ixvi BaNger gave a sudFreport. tic expkiined rhat the Growth Nlla.nagenient Act (G,WN)
allows localjurisdicidotN to cmisida arnendirients U) their (AmsprehenNe Mans orwo as yew% Ile
City receiNcd one frroposed sic -specific i,nali anacridt-nerit, chirinp, (he apokotion tArricharne.
NAr. Basinger slated dial the applicanthwoier of the proposed property ciiarige is the City of" Spokane
Valley, The requested anwndmmit is to change the zoning Ihn-i Single-Fainily Residential (SFR)
and N(:,ipliborhood Cornrnercial QC) W Parks, Recreation, Sh Qmi Space (11/0S), The arnendnient
will expand the P/0S zone lay 219 ;wNs,
/\Her die planning WnWsshmi niade thed rcconrivendation to the 0f, Unmeil Out they' approve
the it was identified that proper rnailing notice Whe public, hearing, was not. pro,vided. 'I o
ensure threat the Planning, ( on-irnission had an oppc,)rtunity to hear new, arncl relevant public teshiriony,
Sfiifj'j1CiSStjCd the p1jilliA , c ri�)ticc, 0ne June 2 & June 90', a second notice ofthe public hic,"Irinp was
publkheoi Gi June 6, a sccond notice orpublk hurring was nrailed to pri:)perty owners widnn 400
feet orther proposed arnencirrient,
Min Basinger slatcd dial the area is idemilial in the lhwks An Rew-cathn'r Maw Ilan. Ibe change
will provide, new park space Wr reMdenB in an arca of die City Unit is hicking in park space. The
proposed Use W C()[Tlpaltible With SUrrounding Fhe change w,vdl also preserve open spice in the
6. ;22 2023 PkfflHh,Q ('0MMiY,i0H M hRflC,i
Flood phANK&I nnmw. He swd that It! City has determined that the site is not conducive 661,
building but %wndd save wcall as pwlhAwn spwc hm?
I lie kein was, opcned to the 1:'Itiblic" for Col-Inne,"nt.
I'l,"Inning ("onunission Secretary Marianne Lcrnoiis read two puhlic conanents that were reccived Via
eniahl,
C.omirnent received hTmi Sman Bruneme1r: She marwd &A she Bes on Ow southewl We of We
Impposed IVOPCHY MI 4:aul10 Avmuw. PC would like, to see p,,nhA,,.ay,s lor Nvalkirq,arid OUtdi)Or
enjoyment ol'natural land She lids that it: NmAd he to great place for walkers, RlflnCrS, WRi 161'
Aindlies to is %Adi I& children. She v"ndd Aso like to see the iwird-teasl end developoi Rn,
ruarsh bits mid die Irce IN in place Wy deer and wildlife.
("carp inn recKed nurn Margam LaHvy She smied that she is happy tliat the City, is consideriq-,', as
park on this property. Mlen Sumnwdidd SLAdivision was first 1xiih, the developers, pronlise(i a
reereation area where the lots arc located Inn it nevor occurivd. Ishe also expressed that She feels it
vwndd nmke a gi,cat suva My a dog pat. a mxdaml Rw ON and could be as Jbn pNcc Ru chilIvri U)
Qy (eMxxAaJly if Me laile dirt, piles, were [ell in place R)r kids to nHI Mir bilws up and down).
RI k KmaUsw-y (Spokane XlWley) staited th,at lie lives near the proposed Ivoperty and is in suppm or
the pyroposed change to park spawc. I le suacd that a subsUBW mimunt (WIhe Ixopeny IN wilin as
dcsign,ited flocidIdain providing an area l r stonige of nrivarwater during a fhK evea NVeflands
oti, the property also pnwkks habitat for xvilchilb in the area anti incmased water qUAT" I IC SIMI
dot he has obsuved nurnercius d0krms types or wHOT on the properly, and lie Jecls the spacc
ivotdd jmiwide niOye hUeHt to the cwnnumij as open space and parks spacc,
ThCyC Wey(- W 0111CI- J)Ubfie COR-111"C"tS Offered. The 1-.ndflic hearirq.,,, was closed at 7:06 prn.
Cominjs.s,h,,in(r,,r Oelucchi moved, a'ad it I/m/ the Qv C NntncU qjuviv ( 'PA-20234YN)l
to rezone the InpposedproperytOwni Neyhholoml 0wmwwcGI lo There was
no discussion. the vole on the itioNn uws six hjRivw% z"w crgains( wulthe inolion passed
�X. GOOD OFT11F ORDER: There was nothing ofl."cred liar the Uod ofthe Oder.
X 1. it 1110 1 J RNINI F', NT: C'o inin iss io ner a14c K b i, hA�) in, o ve and it i vas se con(h.�d to arch o i � rn /' h cme e titig 4,11
TIN p. m The vole on fl,7.e molioi) mws sd i,Anwr, may) cqphzyn aiml the nnn)n Inassed
6-32-2023MunningCnnmisuknNiinuum
Date Signed
Special Meeting Minutes
Spokane Valley Planning Commission
Room 212 — Centerplace Regional Event Center
July 13, 2023
L Planning Commission Vice -Chairman Haneke called the meeting to order at 6:00 p.m. The meeting
was held in person and via ZOOM meetings.
IL The Commissioners and staff stood for the Pledge Of Allegiance.
III. Administrative Assistant Robin Holt took attendance, and the following members and staff were
present:
Susan Delucchi
Tony Beattie, Senior Deputy City Attorney
Val Dimitrov
Chaz Bates, Planning Manager
Karl Granrath, absent
Lori Barlow, Senior Planner
Walt Haneke
Levi Basinger, Planner
Bob McKinley
Greg Bingaman, IT Specialist
Nancy Miller
Robin Holt, Administrative Assistant
Daniel Wilson, absent
There was consensus from the Planning Commission members to excuse Chair Granrath
and Commissioner Wilson.
IV. AGENDA: Commissioner McKinley moved, and it was seconded to approve the July 13, 2023,
agenda as presented. There was no discussion. The vote on the motion was five in favor, zero
against, and the motion passed.
V. MINUTES: Commissioner Miller moved, and it was seconded, to approve the June 22, 2023,
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 Planning Commission reports.
VIL ADMINISTRATIVE REPORT: Planning Manager Chaz Bates reported that due to lack of
business, the July 27, 2023 and August 10, 2023 Planning Commission Meetings will be cancelled.
The next meeting will be held August 24, 2023.
VIIL PUBLIC COMMENT: There was no public comment.
IX. COMMISSION BUSINESS:
a. Findings Of Fact: CPA-2023-0001: 2023 Annual Comprehensive Plan Amendment.
6-22-2023 Planning Commission Minutes
Page 2 of 2
Planner Levi Basinger provided a brief overview of the Findings of Fact for CPA-2023-0001,
explaining how they formalize the Commission's recommendations made after hearing public
comment and deliberation. Commissioner Delucchi asked for clarification regarding a scrivener error
on page 3, line item 23. Mr. Basinger advised the line should read "The proposed changes would have
no impact on projected density".
Commissioner Delucchi moved to approve, and it was seconded, to forward the Findings ofFact to
the City Council as presented. There was no discussion. The vote on the motion was five in favor, zero
against and the motion passed.
b. Findings Of Fact: CTA-2023-0002: Accessory Dwelling Unit Regulations Update.
Senior Planner Lori Barlow provided a brief overview of the Findings of Fact for CTA-2023-0002,
explaining how they formalize the Commission's recommendations made after hearing public
comment during the public hearing and lengthy deliberations.
Commissioner Miller moved to approve, and it was seconded, to forward the Findings ofFact to the
City Council as presented. There was no discussion. The vote on the motion was five in favor, zero
against and the motion passed.
X. GOOD OF THE ORDER: The Commissioners offered thanks to the public for their comments
during the process and to City staff for their diligent work.
XI. ADJOURNMENT: Commissioner McKinley moved, and it was seconded, to adjourn the meeting
at 6:14 p.m. The vote on the motion was five in favor, zero against, and the motion passed.
Karl Granrath, Chairman Date Signed
Marianne Lemons, Secretary
COMMUNITY & PUBLIC WORKS DEPARTMENT
BUILDING & PLANNING DIVISION
STAFF REPORT TO THE PLANNING COMMISSION
CPA-2023-01
STAFF REPORT DATE: June 15, 2023
HEARING DATE AND LOCATION: June 22, 2023, beginning at 6:00 p.m., at CenterPlace Regional Event
Center and remotely via Zoom. Due to an error in the notification process, the City of Spokane Valley is
holding a second public hearing on the comprehensive plan amendment described below.
Project Number:
CPA-2023-01
Application Description:
A request to change the comprehensive plan designation and zoning for
19.45 acres Single Family Residential (SFR) and 4.41 acres Neighborhood
Commercial (NC) to Parks/Open Space (P/OS), for a total of 23.86 acres.
Location:
Parcels 46351.9143, 46352.9149, 46354.9150, and 46355.9151; Section 35,
Township 26 North, Range 44 East, Willamette Meridian, Spokane County,
Washington
Applicant:
City of Spokane Valley
Owners:
City of Spokane Valley
Date of Application:
November 1, 2022
Staff Contact:
Levi Basinger, Planner, 10210 E Sprague Avenue, Spokane Valley, WA
99206
APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, Title 17 Spokane Valley Municipal Code
(SVMC) General Provisions, Title 19 SVMC Zoning Regulations, and Title 21 SVMC Environmental
Controls.
ATTACHMENTS:
Exhibit 1:
Proposed Comprehensive Plan Map
Exhibit 7:
Environmental Determination
Exhibit 2:
Proposed Zoning Map
Exhibit 8:
SEPA Checklist
Exhibit 3:
Vicinity Map
Exhibit 9:
Notice of Public Hearing
Exhibit 4:
Aerial Map
Exhibit 10:
Agency Comments
Exhibit 5:
Existing Comprehensive Plan Map
Exhibit 11:
Public Comments
Exhibit 6:
Existing Zoning
A. BACKGROUND INFORMATION
PROPERTY INFORMATION
Size and Characteristics:
The property consists of four vacant parcels totaling 23.86 acres,
located between Bigelow Gulch Road, Forker Road, and Progress
Road.
Comprehensive Plan:
Single Family Residential (SFR), Neighborhood Commercial (NC)
Zoning:
Single Family Residential (R-3), Neighborhood Commercial (NC)
Pagel of 8
Staff Report
CPA-2023-01
Existing Use: Vacant (within floodplain and adjacent to drainage area for adjacent
subdivision)
SURROUNDING COMPREHENSIVE PLAN, ZONING, AND LAND USES
Comprehensive Plan: Rural Conservation (RCV, Spokane County)
North
Zoning: RCV (Spokane County)
Uses: Church, single-family residences
Comprehensive Plan: SFR
South
Zoning: R-3
Uses: Single-family residences
Comprehensive Plan: NC, SFR, Urban Reservice (UR, Spokane County)
East
Zoning: NC, R-3, UR (Spokane County)
Uses: School, single-family residences
Comprehensive Plan: SFR, RCV (Spokane County)
West
Zoning: R-3, RCV (Spokane County)
Uses: Single-family residences
APPLICATION PROCESSING:
Chapter 17.80 Permit Processing Procedures in the SVMC. The following summarizes key application
procedures for the proposal.
Application Submitted:
November 2, 2022
SEPA DNS Issue date
December 9, 2022
End of Appeal Period for DNS:
December 27, 2022
Date of Ist Mailed Notice of Public Hearing
March 29, 2023
Date of I st Published Notice of Public Hearing:
March 24 & 31, 2023
1st Public Hearing
April 13, 2023
Date of Initial Findings of Fact
April 27, 2023
City Council Administrative Report
May 23, 2023
Date of 2nd Mailed Notice of Public Hearing
June 7, 2023
Date of 2nd Published Notice of Public Hearing:
June 2 & 9, 2023
SUMMARY AND IMPLICATIONS OF PROPOSED AMENDMENT:
If adopted the amendment will change the comprehensive plan land use designation and zoning to P/OS
which would largely limits development of the site to passive and active recreational uses. The current
zoning of P/OS does not permit residential development and only allows limited commercial uses.
B. FINDINGS AND CONCLUSIONS SPECIFIC TO SEPA
1. Findings:
Pursuant to Title 21 SVMC, the lead agency has determined that the proposal does not have a
probable significant adverse impact on the environment. An Environmental Impact Statement
(EIS) is not required under RCW 43.21C.030(2)(c). The City issued a Determination of Non -
Significance (DNS) for the proposal on December 9, 2022. The determination was made after
Page 2 of 8
Staff Report
CPA-2023-01
review of a completed environmental checklist,
site assessment, public and agency commei
Environmental Impact Statement.
2. Conclusion(s):
the application, Titles 19, 21, and 22 SVMC, a
ts, the Comprehensive Plan and associated
The procedural requirements of the State Environmental Policy Act (SEPA) and Title 21 SVMC
have been fulfilled.
C. FINDINGS AND CONCLUSIONS SPECIFIC TO THE COMPREHENSIVE PLAN
AMENDMENT AND AREA -WIDE REZONE
The City may approve Comprehensive Plan amendments and area -wide zone map amendments
if it finds that compliance with the approval criteria in SVMC 17.80.140.H.
(1) The proposed amendment bears a substantial relationship to the public health, safety,
welfare, and protection of the environment;
Analysis: The proposed amendment to change the designation for 19 acres f om Single
Family Residential (SFR) and 4 acres from Neighborhood Commercial (NC) to
Parks and Open Space (P/OS) bears a substantial relationship to the public
health, safety, welfare, and protection of the environment. In 2021, the City
acquired four parcels (46351.9143, 46352.9149, 46354.9150, 46355.9151)
west and south of Progress Road and east of Forker Road. The purpose behind
the city acquiring this land was to preserve open space within the 100 year
floodplain and to expand the city's park lands. This area was generally
identified as New Park Area I in the 2019 Parks and Recreation Master Plan.
These plans were developed through an extensive community engagement
process. Additionally, the expansion is necessary to maintain the adopted Level
of Service (LOS) 3.25 acres of park land for every 1, 000 residents.
(2) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and
with the portion of the City's adopted plan not affected by the amendment;
Analysis: The proposed amendment is consistent with the requirements of Chapter 36.70A
RCW and with the portion of the City's adopted plan not affected by the
amendment. The Growth Management Act (GMA) adopts fourteen goals to guide
the development of local comprehensive plans and development regulations. The
proposal is consistent with the GMA goals to enhance recreational opportunities
and develop parks and recreation facilities. Additionally, the GMA requires a
Parks and Recreation element to be a part of the adopted comprehensive plan.
The City's Comprehensive Plan adopts the Parks Plan by reference.
The proposed amendment will not have unanticipated impacts on other areas of
the Comprehensive Plan.
(3) The proposed amendment responds to a substantial change in conditions beyond the
property owner's control applicable to the area within which the subject property lies;
Analysis: The proposed amendment does not respond to a substantial change in
conditions beyond the property owner's control applicable to the area within
which the subject property lies.
(4) The proposed amendment corrects an obvious mapping error; or
Analysis: The proposed amendment is not in response to or corrects an obvious mapping
error.
Page 3 of 8
Staff Report
CPA-2023-01
(5) The proposed amendment addresses an identified deficiency in the Comprehensive Plan.
Analysis: The proposed amendment will address a documented deficiency of park land
and open space in the Comprehensive Plan. The Comprehensive Plan identifies
the following goals and policy that support the proposed change:
P-GI Develop, grow, and maintain a diverse and accessible park, recreation, trail,
and open space system that enhances community character.
P-P2 Acquire land for the development of parks or the preservation of open space
within the City's boundaries and adjacent UGAs.
P-P3 Using the Parks and Recreation Master Plan, periodically assess recreational
facilities to identify potential gaps and improvements.
P-P7 Identify and protect regional open spaces and natural areas to form a
connected network of active and passive recreation areas.
NR-G1: Pursue flood hazard reduction while providing predictability for landowners.
NR-P9: Ensure that wetlands, fish and wildlife habitat conservation areas, frequently
flooded areas, geologically hazardous areas, and critical aquifer recharge
areas are identified, designated, and protected.
ii. The City must also consider the following factors prior to approving Comprehensive Plan
amendments:
(6) The effect upon the physical environment;
Analysis: The change to P/OS will not impact the physical environment. The change will
result in less intensive uses than are allowed in SFR and NC zones, reducing
the potential effects on the physical environment.
(7) The effect on open space, streams, rivers, and lakes;
Analysis: According to the City's Critical Areas map, most of the property is located in
the 100 year floodplain. The primary flood zone designation that applies to
the site is AO, which is defined as an area of shallow flooding, usually in the
form of sheet flow, with an average depth ranging fi^om I to 3 feet. Pursuant
to SVMC 21.30.090.9, all structures in Zone AO shall are required to be
elevated to one foot or more above the specified flood depth or flood proofed
with watertight construction methods. Given the strict requirements applied to
structures in the floodplain, open fields allowing for passive or active
recreation, with no or few structures, are ideal for locations such as these.
There is also a seasonal stream (DNR Type F) located on the property that
flows into a drainage channel, which is deposited into a stormwater storage
basin where it infiltrates into the soil. The stream type and its route were
identified in a 2015 Water Type Modification. The parcels are not located
within shoreline jurisdiction, and there are no known surface water quality or
quantity issues. The City's critical areas ordinance will ensure that adequate
protection of the critical areas and adjacent land use are addressed at the time
of future development.
(8) The compatibility with and impact on adjacent land uses and surrounding neighborhoods;
Analysis: The proposed amendment is compatible with the surrounding land uses. Future
development of the park space will provide a documented need and location
identified in the 2019 Parks and Recreation Master Plan.
Page 4 of 8
Staff Report
CPA-2023-01
(9) The adequacy of and impact on community facilities including utilities, roads, public
transportation, parks, recreation, and schools;
Analysis: Sewer and water are available to the site. The nearest formal park is Plante's
Ferry Park (Spokane County Parks) approximately 2 miles to the southwest.
The proposal will increase park land and future development will enhance the
park system helping maintain the adopted LOS.
The site is served by Progress Road and Forker Road, both Minor Arterials, on
the north and west exteriors of the site. The site also has fi^ontage along Bigelow
Gulch Road to the east. A realignment ofBigelow Gulch Road and an extension
of Sullivan Road has recently finished construction. There are no
determinations for Levels of Service (LOS) of roadways adjacent to the site
since these are located outside municipal boundaries.
(10) The benefit to the neighborhood, City, and region;
Analysis: The proposed amendment will provide benefits to the neighborhood and City
by providing an opportunity to provide park space to the neighborhood
without the need to leave the area. Plante's Ferry Park, the nearest formal
public park, is outside municipal boundaries and maintained by Spokane
County; therefore, it is not considered in determining the LOS for park land.
This will provide new City -owned and maintained park space for residents
underserved by the municipal park system. The expansion of park space in
this area will help the City meet its adopted LOS for park land.
(11) The quantity and location of land planned for the proposed land use type and density and
the demand for such land;
Analysis: The quantity and location of park land is planned for and needed as identified
in the Parks Plan. A park at this location furthers the goals of the Parks Plan
and Comprehensive Plan. The site provides easy access for pedestrians,
bicycles, and automobiles.
(12) The current and projected population density in the area; and
Analysis: The proposed change would have minimal impact on projected population
density. Development of the property is severely limited due to being in the
100 year floodplain and being encumbered by an easement for Bonneville
Power Administration (BPA).
(13) The effect upon other aspects of the Comprehensive Plan.
Analysis: The proposal will not have an impact on other aspects of the Comprehensive
Plan. In addition to meeting the goals in the Parks and Recreation Master Plan
the proposed amendment addresses the following goals, policies, and strategy
of the Comprehensive Plan:
LU-G2 Provide for land uses that are essential to Spokane Valley residents,
employees, and visitors.
LU-P18 Enable public open spaces.
P-GI Develop, grow, and maintain a diverse and accessible park,
recreation, trail, and open space system that enhances community
character.
P-P2 Acquire land for the development of parks or the preservation of
open space within the City's boundaries and adjacent UGAs.
Page 5 of 8
Staff Report CPA-2023-01
P-P3
Using the Parks and Recreation Master Plan, periodically assess
recreational facilities to identify potential gaps and improvements.
P-PS
Design parks and community facilities to provide easy access for
pedestrians, bicycles, autos, and public transit.
P-P8
Plan for access to parks, trails, and other open spaces in all
neighborhoods.
NR-GI
Pursue flood hazard reduction while providing predictability for
landowners.
NR-P2
Prepare and/or regularly update watershed plans for Chester
Creek, Glenrose Channel, Saltese Creek, Forker Draw, and Central
Park Basin.
NR-P3
Prepare an accurate, updated snap of areas expected to be
inundated by a 100 year flood, particularly in the Spokane River,
Forker Draw, and Glenrose Channel Areas.
NR-P9
Ensure that wetlands, fish and wildlife habitat conservation areas,
fi°equently flooded areas, geologically hazardous areas, and critical
aquifer recharge areas are identified, designated, and protected.
Conclusion(s):
For the reasons outlined above the proposed amendment is consistent with SVMC 17.80.140(H).
D. FINDINGS AND CONCLUSIONS SPECIFIC TO PUBLIC COMMENTS
1. Findings:
Staff has received three public comments to date.
Date
Name & Address
Comment(s)
April 1, 2023
Inna Goleta
Summarized:
i.n...n.achka yak leta( 7),ha��
1. Parcels are home to many species of birds and
wildlife.
2. Natural areas should be set aside for wildlife.
3. Should be planned in a way to benefit both
community and wildlife.
4. Sidewalks and paved pathways should be
installed for walking and bicycling more safe
and egio able.
April 6, 2023
Christine Beirouty
Summarized:
clicip..o..uI gpz ail.ca�za
1. Understanding that development is not
possible in specified location.
2. Opposed to any new homes being built in
specified location.
April 13, 2023
Susan Brunemeir
Summarized:
14717 E Caprio Avenue
1. In favor of natural park.
suebru72 ��
2. Wetlands ideal habitat for birds.
Page 6 of 8
Staff Report
CPA-2023-01
Comments received following the date of this staff report will be provided to the Planning
Commission at the June 22, 2023 meeting.
2. Conclusion(s):
An initial Notice of Public Hearing (NOPH) was published March 24 and 31, 2023. The NOPH
was posted on site on March 27, 2023 and mailed to property owners within a 400 foot radius of
the site on March 29, 2023.
After the public hearing and after the Planning Commission made their recommendation to City
Council, it was identified that the mailing notice for the public hearing was inadequate. The buffer
created to generate the mailing list excluded Parcel Number 46354.9150, meaning property
owners within 400 feet of the proposal were not notified by mail. To ensure that the Planning
Commission has the opportunity to hear new and relevant public testimony, staff has reissued the
public notice for CPA-2023-0001.
On June 2 and 9, 2023, a second Notice of Public Hearing for the proposed amendments was
published. On June 6, 2023, a second notice of the public hearing was posted on site, and on June
7, 2023, a second notice of public hearing was mailed to property owners within 400 feet of the
proposed amendment.
E. FINDINGS AND CONCLUSIONS SPECIFIC TO AGENCY COMMENTS
1. Findings:
Agency
Received Comments
Comments Dated
City of Spokane Valley Senior Traffic Engineer
City of Spokane Valley Development Engineering
City of Spokane Valley Building & Planning
City of Spokane Valley Parks & Recreation
Spokane Valley Fire Department
Yes
12-07-22
City of Millwood
City of Liberty Lake
City of Spokane
City of Spokane Valley Police Department
Spokane County, Building and Planning
Spokane County, Wastewater System Division
Yes
12-12-22
Spokane County, Clean Air Agency
Spokane County, Fire District No. 1
Spokane County, Fire District No. 8
Spokane County Regional Health District
Spokane Regional Clean Air Agency
Spokane Aquifer Joint Board
Spokane Transit Authority (STA)
Spokane Regional Transportation Council (SRTC)
Washington State Dept of Commerce
Washington State Dept of Ecology Ol m is
Washington State Dept of Ecology (Spokane)
Washington State Dept of Fish & Wildlife
Washington State Dept of Natural Resources
Washington State Dept of Transportation
Washington State Parks & Recreation Commission
Page 7 of 8
Staff Report
CPA-2023-01
WA Archaeological & Historic Preservation
Avista Utilities
Inland Power & Light
Modern Electric Water Company
Conoco Phillips (Yellowstone Pipeline)
Yes
12-07-22
Central Valley School District 9356
East Valley School District 9361
West Valley School District 9363
Century Link
Comcast
Model Irrigation District 918
Consolidated Irrigation District 919
East Spokane Water District 91
Vera Water & Power
Spokane County Water District 93
Spokane Tribe of Indians
2. Conclusion(s):
No concerns are noted.
F. CONCLUSION:
For the reasons set forth in Section C above, the proposed amendment to amend the Comprehensive Plan
and adopt the area -wide rezone to change the land use designation and zoning to of parcels 46351.9143,
46352.9149, 46354.9150, and 46355.9151 to P/OS complies with the requirements of SVMC 17.80.140.H
and the Comprehensive Plan.
Page 8 of 8
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IIIx lh li II!1 li t
COMMUNIT4' & PUBLIC WORKS DEPARTMENT
S#6*ne DETERMINATION OF NON -SIGNIFICANCE
10210 East Sprague Avenue • Spokane Valley WA 99206
,;oOValley, 509.720.5000 • Fax: 509.720.5075 • planning@spokanevalley.org
PROJECT: Amendment to the Comprehensive Plan for 2023:
r � r, r r� / rr r r/, r r r� r i,
i . /
/ r/ /,i/ ii.,...,.,//.,1,�,/
I !r.. r�%�//,. pr,/////r r!/i��,/ii/,�/.r///�,
// Descri Pion, i/rr ,/ Location; /, A 1>Icant/Omer;
i/ / r f
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�/. � /i /, / , .r ✓ r /
/' Il of Spokane
approximately 23.86 acres Single Section 35, Township 26 North,
Farnily Residential an• Range 44 East, Willamette
Neighborhood Commercial to Meridian, Spokane County
Parks/Open Space. Washington
LEAD AGENCY: City of Spokane Valley.
DETERMINATION: Determination of Non -Significance is issued under Washington Administrative Code (WAC) 197-
11-340(2); the lead agency will not act on this Proposal for 18 days from the date issued. Comments must be received
by 5:00 p.m. on December 27, 2022. Pursuant to Title 21, Environmental Controls of the Spokane Valley Municipal Code
(SVMC), the lead agency has determined that it does not have a probable significant adverse impact on the environment. All
Environmental Impact Statement is not required under Revised Code of Washington 43.21 C.030(2)(c). This decision was
made after review of a completed environmental checklist and other information on file with the lead agency. This
information is available to the public on request.
STAFF CONTACT: Levi Basinger, Planner, City of Spokane Valley, Planning Division, 10210 E Sprague Avenue, Spokane
Valley, WA 99206, PH: (509) 720-5332/FX (509) 720-5075, 6b:isin�e:(�i,�s,pol<aiievalley.or(,
RESPONSIBLE OFFICIAL: Chaz Bates, AICP, Planning Manager, City of Spokane ey, 1021(y�ast Se Avenue,
Spokane Valley, WA 99206, PH: (509) 720-5033, el)ad.e (Gres )crh anedral lev.orq
DATE ISSUED: December 9 2022 SIGNATURE:
APPEAL: An appeal of this determination shall be submitted to the Community & Public Works Department within
fourteen (14) calendar days after the date issued. The appeal must be written and specific factual objections made to the
City's threshold determination. Appeals shall be conducted in conformance with SVMC 17.90 Appeals, and any required
fees pursuant to the City's adopted Fee Schedule shall be paid at the time of appeal submittal. Pursuant to WAC 197-11-
680, appeals shall be limited to a review of a final threshold determination.
City of Spokane Valley Determination of Non -Significance (DNS) Page I of I
File No. CPA-2023-01
IIIx lhi li IIb li t
STAFF USE ONLY
Date Submitted: Received by: Fee:
PLUS #: File #:
PART I — REQUIRED MATERIAL
"THE APPLICATION WILL NOT BE ACCEPTED IF THE REQUIRED MATERIALS ARE NOT
PROVIDED"
❑ Completed SEPA Checklist
❑ Application Fee
❑ Reduced Site Plan of proposal in 8%" by 11" or 11" by 17" size
❑ Trip Distribution and Generation Letter, if requested by Development Engineering.
PURPOSE OF CHECKLIST:
The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider
the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must
be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The
purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal
(and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS
is required.
INSTRUCTIONS FOR APPLICANTS:
This environmental checklist asks you to describe some basic information about your proposal. Governmental
agencies use this checklist to determine whether the environmental impacts of your proposal are significant,
requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the
best description you can.
You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you
should be able to answer the questions from your own observations or project plans without the need to hire
experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not
know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations.
Answer these questions if you can. If you have problems, the governmental agencies can assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on
different parcels of land. Attach any additional information that will help describe your proposal or its
environmental effects. The agency to which you submit this checklist may ask you to explain your answers or
provide additional information reasonably related to determining if there may be significant adverse impact.
USE OF CHECKLIST FOR NON -PROJECT PROPOSALS:
Complete this checklist for non -project proposals, even though questions may be answered "does not apply."
IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NON -PROJECT ACTIONS (Part D).
IIIx lhi li IIb li t
For non -project actions, the references in the checklist to the words "project," "applicant," and "property or site"
should be read as "proposal," "proposer," and "affected geographic area," respectively.
A. BACKGROUND
1. Name of proposed project, if applicable: CPA-2023-01. An amendment to the Future Land Use Map of the
2017-2037 Comprehensive Plan.
2. Name of applicant: City of Spokane Valley
3. Address and phone number of applicant and contact person: 10210 E. Sprague Avenue, Spokane Valley, WA
99206. Contact: Levi Basinger, Planner, Community and Public Works Division. (509) 720-533,
JI.... !l.. a.e.Ir.
4. Date checklist prepared: November 2, 2022
5. Agency requesting checklist: City of Spokane Valley
6. Proposed timing or schedule (including phasing, if applicable): Anticipated adoption June 2023
7. Do you have any plans for future additions, expansion, or further activity related to or connected with this
proposal? Yes. If yes, explain. The property is planned for future park space. Future development may
require a separate SEPA process.
8. List any environmental information you know about that has been prepared, or will be prepared, directly
related to this proposal. An Environmental Impact Statement (EIS) was completed for the City's
Comprehensive Plan. The document is titled 2017-2037 Comprehensive Plan Final Environmental Impact
Statement (FEIS) and supporting Development Regulations.
9. Do you know whether applications are pending for governmental approvals of other proposals directly
affecting the property covered by your proposal? None. If yes, explain.
10. List any government approvals or permits that will be needed for your proposal, if known. Approval by City
Council.
11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and
site. There are several questions later in this checklist that ask you to describe certain aspects of your
proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to
include additional specific information on project description.) The amendment is to change approximately
19 acres of Single Family Residential (SFR) designated land and approximately 10 acres of Neighborhood
Commercial (NC) designated land to a designation of Parks, Recreation and Open Space (P/OS). The change
IIIx lhi li IIb li t
would formally recognize the public ownership and intended use of the property.
12. Location of the proposal. Give sufficient information for a person to understand the precise location of your
proposed project, including street address, if any, and section, township, and range, if known. If a proposal
would occur over a range of area provide the range or boundaries of the site(s). Provide a legal description,
site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans
required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit
applications related to this checklist. The proposal is generally located west and south of N Progress Road
and east of N Forker Road. The property is vacant and unaddressed. The parcel numbers are 46351.9143,
46352.9149, 46354.9150, and 46355.9151 and can be further located using these coordinates: 47.708267, -
117.206544. The property is located adjacent to the northern city boundary.
13. Does the proposed action lie within the Aquifer Sensitive Area (ASA)?
The general Sewer Service Area? Yes.
Priority Sewer Service Area? Yes.
(See: Spokane County's ASA Overlay zone Atlas for boundaries).
14. The following questions supplement Part A:
a. Critical Aquifer Recharge Area (CARA) / Aquifer Sensitive Area (ASA).
1. Describe any systems, other than those designed for the disposal of sanitary waste, installed for the
purpose of discharging fluids below the ground surface (includes systems such as those for the
disposal of stormwater or drainage from floor drains). Describe the type of system, the amount of
materials to be disposed of through the system and the types of material likely to be disposed of
(including materials which may enter the system inadvertently through spills or as a result of
firefighting activities). This is a non -project action changing the future land use map. Future
development would be analyzed under separate SEPA process.
2. Will any chemicals (especially organic solvents or petroleum fuels) be stored in aboveground or
underground storage tanks? If so, what types and quantities of material will be stored?
This is a non -project action changing the future land use map. Future development would be
analyzed under a separate SEPA process.
3. What protective measures will be taken to insure that leaks or spills of any chemicals stored or used
on site will not be allowed to percolate to groundwater? This includes measures to keep chemicals
out of disposal systems. This is a non -project action changing the future land use map. Future
development would be analyzed under separate SEPA process.
4. Will any chemicals be stored, handled or used on the site in a location where a spill or leak will drain
to surface or groundwater or to a stormwater disposal system discharging to surface or
groundwater? This is a non -project action changing the future land use map. Future development
would be analyzed under separate SEPA process.
b. Stormwater
1. What are the depths on the site to groundwater and to bedrock (if known)? Unknown
IIIx lhi li IIb li t
2. Will stormwater be discharged into the ground? If so, describe any potential impacts.
This is a non -project action changing the future land use map. Future development would be
analyzed under separate SEPA process.
B. Environmental Elements
1. Earth
a. General description of the site (circle one): flat, rolling, hilly, steep slopes, mountainous, other: floodplain.
b. What is the steepest slope on the site (approximate percent slope)? Unknown
What general types of soils are found on the site (for example, clay, sand, gravel, peat, much)?
If you know the classification of agricultural souls, specify them and note any prime farmland. This is a
non -project action changing the future land use map. The site is currently undeveloped, and the
application does not evaluate a specific future use. Any future changes will be reviewed under a
separate SEPA process.
Are there surface indications or history of unstable soils in the immediate vicinity? No. If so, describe.
Describe the purpose, type, and approximate quantities of any filling or grading proposed. Also indicate
source of fill. Not applicable.
c. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Not applicable.
About what percent of the site will be covered with impervious surfaces after project construction (for
example, asphalt or buildings)? Not applicable.
d. Proposed measures to reduce or control erosion or other impacts to the earth, if any: Not applicable.
2. Air
a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, and
industrial wood smoke) during construction and when the project is completed? If any, generally describe
and give approximate quantities if known. Not applicable.
b. Are there any off -site sources of emissions or odor that may affect your proposal? Yes. If so, generally
describe. The site is accessed from Forker Road and Progress Road, both considered minor arterials,
from the west and north respectively. The site also has frontage along Bigelow Gulch Road to the east.
Wellesley Avenue is located further south. These are all sources of vehicle emissions affecting the site in
question. A realignment of Bigelow Gulch Road directly north of the site and an extension of Sullivan
Road southeast was recently completed.
c. Proposed measures to reduce or control emissions or other impacts to air, if any: Not Applicable.
3. Water
a. Surface:
IIIx lhi li IIb li t
1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and
seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If
appropriate, state what stream or river it flows into. A seasonal stream (DNR Type F) is located on
the property in question and flows into a drainage channel, which is deposited into a stormwater
storage basin where it infiltrates into the soil. The stream type and its route were identified in a
2015 Water Type Modification. The stream also appears as a riverine wetland on the National
Wetland Inventory.
2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If
yes, please describe and attach available plans. This is a non -project action changing the future land
use map. The site is currently undeveloped, and the application does not evaluate a specific future
use. Any future changes will be reviewed under a separate SEPA process.
3. Estimate the amount of fill and dredge material that would be placed in or removed from surface
water or wetlands and indicate the area of the site that would be affected and the source of fill
material. Not applicable.
4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose,
and approximate quantities if known. Not appliable.
5. Does the proposal lie within a 100-year floodplain? Yes. If so, note location on the site plan. Almost
the entire property is located in the 100-year floodplain. This property was subject to a Letter of
Map Revision in 2018 (LOMR 18-10-1264P), amending the Flood Insurance Rate Map in this
location. As a result, most of the property is located in the floodplain, flood zones AE and AO. The
flood zone designations that apply to the site are Zones AE and AO.
6. Does the proposal involve any discharges of waste materials to surface waters?
If so, describe the type of waste and anticipated volume of discharge. Not applicable.
b. Ground:
1. Will ground water be withdrawn, or will water be discharged to ground water?
Give general description, purpose, and approximate quantities known. Not applicable.
Describe waste material that will be discharged into the ground from septic tanks or other sources,
if any (for example: Domestic sewage; industrial, containing the following chemicals; agricultural;
etc.). Describe the general size of the system, the number of such systems, the number of houses to
be served (if applicable), or the number of animals or humans the system(s) are expected to serve.
Not applicable.
c. Water runoff (including stormwater):
1. Describe the source of runoff (including stormwater) and method of collection and disposal, if any
(include quantities, if known). Where will this water flow? Will this water flow into other waters? If
so, describe. This is a non -project action changing the future land use map. The site is currently
undeveloped, and the application does not evaluate a specific future use. Any future changes will
IIIx lhi li IIb li t
be reviewed under a separate SEPA process.
2. Could waste materials enter ground or surface waters? If so, generally describe. Not applicable.
d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any:
This is a non -project action changing the future land use map. The site is currently undeveloped, and the
application does not evaluate a specific future use. Any future changes will be reviewed under a
separate SEPA process.
4. Plants
a. Circle types of vegetation found on the site:
1. Deciduous tree: alder, maple, aspen, other
2. Evergreen tree: fir, cedar, pine, other
3. Shrubs
4. Grass
5. Pasture
6. Crop or grain
7. Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other
8. Water plants: water lily, eelgrass, milfoil, other
9. Other types of vegetation
b. What kind and amount of vegetation will be removed or altered? None proposed
c. List threatened or endangered species known to be on or near the site. None known
d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the
site, if any: Not appliable.
5. Animals
a. Circle any birds and animals which have been observed on or near the site or are known to be on or near
the site:
1. Birds: hawk, heron, eagle, songbirds, other
2. Mammals: deer, bear, elk, beaver, other
3. Fish: bass, salmon, trout, herring, shellfish, other
b. List any threatened or endangered species known to be on or near the site. None known.
c. Is the site part off a migration route? Not applicable. If so, explain.
d. Proposed measures to preserve or enhance wildlife, if any: Not applicable.
6. Energy and natural resources
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed
project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Not applicable.
IIIx lhi li IIb li t
b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally
describe. Not applicable.
c. What kinds of energy conservation features are included in the plans of this proposal?
List other measures to reduce or control energy impacts, if any: Not applicable.
7. Environmental health
a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and
explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe.
This is a non -project action changing the future land use map. The site is currently undeveloped, and the
application does not evaluate a specific future use. Any future changes will be reviewed under a
separate SEPA process.
1. Describe special emergency services that might be required. Not applicable.
2. Proposed measures to reduce or control environmental health hazards, if any: Not applicable.
b. Noise
1. What types of noise exist in the area which may affect your project (for example: traffic, equipment,
operation, other)? The site is adjacent to a residential neighborhood and an arterial road. Future
development may account for these noises in design.
2. What types and levels of noise would be created by or associated with the project on a short-term or
a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise
would come from the site. Not applicable.
3. Proposed measures to reduce or control noise impacts, if any: Not applicable.
8. Land and shoreline use
a. What is the current use of the site and adjacent properties? The site is currently owned by the City of
Spokane Valley and Spokane County.
b. Has the site been used for agriculture? If so, describe. Unknown.
c. Describe any structures on the site. There are no structures on site.
d. Will any structures be demolished? No. If so, what?
e. What is the current zoning classification of the site? Single -Family Residential (R-3) and Neighborhood
Commercial (INC).
f. What is the current comprehensive plan designation of the site? Single -Family Residential and
Neighborhood Commercial.
IIIx lhi li IIb li t
g. If applicable, what is the current shoreline master program designation of the site? Not applicable.
h. Has any part of the site been classified as an "environmentally sensitive" area?
If so, specify. The site is located in the 100-year floodplain and contains a seasonal stream onsite.
i. Approximately how many people would reside or work in the completed project? None.
j. Approximately how many people would the completed project displace? Not applicable.
k. Proposed measures to avoid or reduce displacement impacts, if any: Not applicable.
I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans.
If any: Not applicable.
9. Housing
a. Approximately how many units would be provide, if any? Indicate whether high, middle, or low-income
housing. Not applicable.
b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-
income housing. Not applicable.
c. Proposed measures to reduce or control housing impacts, if any: Not applicable.
10. Aesthetics
a. What is the tallest height of any proposed structure(s), not including antennas?
What is the principal exterior building material(s) proposed? Not applicable.
b. What views in the immediate vicinity would be altered or obstructed? Not applicable.
c. Proposed measures to reduce or control aesthetic impacts, if any: Not applicable.
11. Light and glare
a. What type of light or glare will the proposal produce?
What time of day would it mainly occur? Not applicable.
b. Could light or glare from the finished project be a safety hazard or interfere with views? Not applicable.
c. What existing off -site sources of light or glare may affect your proposal? Not applicable.
d. Proposed measures to reduce or control light and glare impacts, if any: Not applicable.
12. Recreation
a. What designated and informal recreational opportunities are in the immediate vicinity? The nearest
formal park is Plante's Ferry Park approximately 2 miles to the southwest. East Valley Middle School
and East Valley High School are located 0.4 miles to the south and both provide recreation
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opportunities.
b. Would the proposed project displace any existing recreational uses?
If so, describe. No.
c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be
provided by the project or applicant, if any: This is a non -project action changing the future land use
map. The site is currently undeveloped, and the application does not evaluate a specific future use. Any
future changes will be reviewed under a separate SEPA process.
13. Historic and cultural preservation
a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers
known to be on or next to the site? No. If so, generally describe.
b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance
known to be on or next to the site. Unknown.
c. Proposed measures to reduce or control impacts, if any: Not applicable.
14. Transportation
a. Identify public streets and highways serving the site and describe proposed access to the existing street
system. Show on site plans, if any. The site is currently undeveloped. There are informal access points
from N Forker Road and N Progress Road.
b. Is site currently served by public transit? No. If not, what is the approximate distance to the nearest transit
stop? The nearest transit stop is located 0.3 miles south at Progress and Wellesley.
c. How many parking spaces would the completed project have? How many would the project eliminate?
Not applicable.
d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not
including driveways? Not applicable. If so, generally describe (indicate whether public or private). While
the land use change does not require improvements, future site development will improve access to
new park space established on site.
e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation?
If so, generally describe. Not applicable.
f. How many vehicular trips per day would be generated by the completed project?
If known, indicate when peak volumes would occur. Not applicable.
g. Proposed measures to reduce or control transportation impacts, if any: The city's adopted comprehensive
plan adopts a level of service for transportation services. There are ongoing improvements to the
transportation system in the vicinity, but these improvements were not due to future development of
JL Val
OEJ
the site inquestion.
SEPA CHECKLIST
lS. Public services
a. Would the project result in an increased need for public services (for example: fire protection, police
protection, health care, schools, other)? No. The city's adopted comprehensive plan adopts a levelof
service for public services. Future development will be analyzed under a separate SEPA process for
impacts tothose services. |fso, generally describe.
b. Proposed measures to reduce or control direct impacts on public services, if any. Not applicable.
16. UUlbks
a. Circle utilities currently available atthe site:
1. Electricity
I Natural gas
3. Water
4. Refuse service
5. Telephone
6. Sanitary sewer
7. Septic system
8. Other -describe While the site is undeveloped, it has access to a variety ofutilities including water,
sewer, refuse service, and electricity.
b Describe the utilities that are proposed for the project, the utility providing the service, and the general
construction activities on the site or in the immediate vicinity which might be needed. Not applicable.
C. Signature
The above answers are true and complete tothe best nfmyknowledge. | understand that the lead agency isrelying
onthem to make its decision.
Signature: Date: Submitted:
D. Supplemental Sheet for Non -Project Actions
(Do not use this sheet for project actions)
Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements
of the environment.
When answering these questions, be aware of the extent of the proposal, or the types of activities likely to result
from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not
implemented. Respond briefly and ingeneral terms.
1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage,or
release oftoxic orhazardous substances; orproduction ofnoise? Traffic generated from future park use on
site causing increased vehicle emissions and discharge of vehicle pollutants to watercourses and
Page 1Oof12
PL-ZZV1.0
IIIx lhi li IIb li t
groundwater.
a. Proposed measures to avoid or reduce such increases are: Development of the site would require
pollutants from vehicles in storm runoff be treated in stormwater basins. Increase in vehicle emissions
in the immediate vicinity generated by future use of the site would be mitigated by improved traffic
circulation applied at development of the site.
2. How would the proposal be likely to affect plants, animals, fish, or marine life? Increase in human activity
onsite.
a. Proposed measures to protect or conserve plants, animals, fish, or marine life are: Maintain water and
drainage courses, preserve open spaces, and enhance vegetation with future landscape plans.
3. How would the proposal be likely to deplete energy or natural resources? Electricity used on site to power
facilities on site.
a. Proposed measures to protect or conserve energy and natural resources are: Limit hours of public use for
the site during normal operations and implement seasonal restrictions for public use of site
facilities (i.e. restrooms).
4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or
eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers,
threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime
farmlands? Increase in human activity on site and development of the site for public access and recreation.
a. Proposed measures to protect such resources or to avoid or reduce impacts are: Review of
environmentally sensitive areas during future SEPA process and at time of site development. All
development on site would be required to meet requirements for development in the floodplain, which
includes a requirement for net loss in flood storage capacity.
5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or
encourage land or shoreline uses incompatible with existing plans? Not applicable; no shoreline areas
present.
a. Proposed measures to avoid or reduce shoreline and land use impacts are: Not applicable.
6. How would the proposal be likely to increase demands on transportation or public services and utilities?
Additional traffic generated from future park use on site.
a. Proposed measures to reduce or respond to such demand(s) are: Review impacts to roadway level of
service at time of site development. Necessary improvements to the adjacent transportation network
would be made at time of site development to maintain levels of service and maintain vehicle
circulation.
SEPA CHECKLIST
Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for
the protection of the environment. The proposal will not conflict with any local, state, and federal laws or
requirements for environmental protection. Future development of the site will be reviewed for
compliance with all applicable laws and requirements.
E. Signature
I, the undersigned, swear under penalty of perjury that the above responses are made truthfully and to the best of
my knowledge. 1 also understand that, should there be any willful misrepresentation or willful lack of full disclosure
on my part, the agency may withdraw any Determination of Nonsignificance that it might issue in reliance upon this
check list.
Date: /, l - � 4
Please print or type: Levi Basinger
Proponent: City of Spokane Valley
Address: 10210 E Sprague Avenue
Phone: (509) 720-5332
Signature: 1� ' ",�- >
Z ZF
Person completing form (if different from proponent):
Name:
Address:
Phone:
DISCLAIMER: By accepting this permit and proceeding with the work, the applicant/permittee and owner
acknowledges and agrees that: 1) If this permit is for construction of or on a dwelling, the dwelling is/will be served by
potable water. 2) Ownership of this City of Spokane Valley permit inures to the property owner. 3) The
applicant/permittee is the property owner or has full permission and authority to represent the property owner in this
project and carry out the work specified in the permit. 4) All construction is to be done in full compliance with the City
of Spokane Valley Municipal Code. The applicable codes are available for review at the City of Spokane Valley Permit
Center. 5) The applicant/permittee further declares that they are either: (A) a contractor currently registered and
properly licensed in accordance with Chapter 18.27 RCW; (B) the registered or legal owner or authorized agent of the
property for which I am applying for permit and not a licensed contractor; or (C) otherwise exempt from the
requirements set forth in RCW 18.27.090 and will abide by all provisions and conditions of the exemption as stated. 6)
The City of Spokane Valley permit is a permit to carry out the work as specified therein and is not a permit or approval
for any violation of federal, state or local laws, codes or ordinances. 7) Compliance with all federal, state, and local
laws shall be the sole responsibility of the applicant/permittee and property owner. 8) Plans or additional information
may be required to be submitted and subsequently approved before this application can be processed. The City is not
responsible for any code violation through the issuance of this permit. 9) Failure to request and obtain the necessary
inspections and inspection approvals may necessitate stoppage of work and/or removal of certain parts of the
construction at the applicant's/permittee's or property owner's expense.
Page 12 of 12
PL-22 V1.0
IIIx lh li IIb li t
Hearing Date
Pursuant to Spokane Valley Municipal Code (SVMC) 17.80.120, Notice of Public Hearing, the Building
& Planning Division is sending notice of a public hearing to all property owners within 400 feet of project
number CPA-2023-01. The public hearing for this project is scheduled for Thursday, April 13, 2023
beginning at 6:00 p.m., or as soon thereafter as can be heard, in Room 109; Centerplace Regional Event
Center; 2426 N Discovery Place, Spokane Valley, WA 99216.
Meeting Details: The hearing will be conducted in person, with the option to attend remotely using web
and telephone conference tools. A link to the Zoom meeting will be provided on the agenda and posted to
the City's webpage: www.spokanevalley.org/planningcommission.
Project Information
Project Number:
CPA-2023-01
Application
A request to change land use designation and zoning for approximately
Description:
23.86 acres Single Family Residential and Neighborhood Commercial to
Parks/Open Space for parcels 46351.9143, 46352.9149, 46354.9150, and
46355.9151.
Location:
The property consists of four vacant parcels located between Bigelow Gulch
Road, Forker Road, and Progress Road, Section 35, Township 26 North,
Ran e 44 East, Willamette Meridian, Spokane County, Washington.
Owner/Applicant:
City of Spokane Valley
Staff Contact:
Levi Basinger, Planner, 10210 East Sprague Avenue, Spokane Valley, WA
99206; hone: (509) 720-5332; email: lbasin ger &s okanevalle .or g
Hearing Process and Appeals
The Planning Commission will conduct the hearing pursuant to the rules of procedure adopted in SVMC
Title 18 (Boards and Authorities). Any appeal of the Planning Commission's decision will be based on
the record established before the Planning Commission, pursuant to SVMC 17.90 (Appeals). The
Planning Commission will forward a recommendation on the request to the Spokane Valley City Council.
Providing Comments
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 lbasingerL&spokanevalley.org. Comments will need to be submitted no later than 4:00
PM on April 13, 2023 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 April
13, 2023 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.
Environmental Determination
Pursuant to Title 21, Environmental Controls of the Spokane Valley Municipal Code (SVMC), the lead
agency has determined that it does not have a probable significant adverse impact on the environment. A
III Illh li III li "t 9
Determination of Non -Significance was issued under Washington Administrative Code (WAC) 197-11 -
340(2) on December 9, 2022. The comment period for the determination ended December 27, 2022.
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 other associated documents may be inspected by searching under "Current Agenda" at this web address:
www.spokanevalley.org/planningcommission. If you have any questions, please contact Levi Basinger,
Planner, Building & Planning Division, at (509) 720-5332 or lbasinger L&spokanevalley.org.
December 7, 2022
FRANK SOTO JR, FIRE CHIEF
2120 N. Wilbur
Spokane Valley, WA 99206
(509) 928-1700 Main
(509) 892-4125 Fax
spokainevaI ey iur .corn
Permit #: CPA-2023-0001
Project Address: West & South of Progress Road and East of Forker Road
Project Description: Comprehensive Plan Amendment for 2023/SEPA — Environmental Checklist
Levi Basinger
10210 E. Sprague Avenue
Spokane Valley, WA 99206
RE: Technical Review Comments
The Spokane Valley Fire Department has completed a review for the above referenced project and has
no comments on the SEPA checklist. All specific Fire Department requirements shall be conditioned on
associated commercial permits.
If there are any questions, please do not hesitate to call.
Sincer�e�tily,
Traci Harvey
Fire Protection Engineer
Spokane Valley Fire Department
III Ills li IPA li 1
From: Polak, Chad M
To: Levi Basinger
Subject: FW: SEPA Determination for 2023 Comprehensive Plan Amendments
Date: Wednesday, December 7, 2022 12:31:09 PM
Attachments: image001.ipa
Threshold Determination CPA 2023 Ol.pdf
Camp Plan Amendment Map.pdf
SEPA Checklist CPA-2023-OOOl.pdf
[EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening
attachments or clicking links.
Good Afternoon Levi,
There is no impact to the YPL pipeline and we do not have any questions.
Sincerely,
Chad M. Polak
Agent, Real Estate Services
0: (+1) 303.376.43631 M: (+1) 720.245.4683
3960 East 56th Avenue I Commerce City, CO 80022
Phillips 66
From: Levi Basinger <Ibasinger@spokanevalley.org>
Sent: Wednesday, December 7, 2022 12:04 PM
To: Bart Sistek <bart_sistek@comcast.com>; Central Valley School District #356 <jrowell@cvsd.org>;
Centuryl-ink <Karen.Stoddard@centurylink.com>; Polak, Chad M <Chad.M.Polak@p66.com>; Chad
Riggs <criggs@spokanevalley.org>; Chelsea Harris (Chelsea. Harris@PARKS.WA.GOV)
<Chelsea.Harris@PARKS.WA.GOV>; Christina Janssen (City of Millwood)
<planning@millwoodwa.us>; City of Liberty Lake <LKey@libertylakewa.gov>; Comcast
<Ryan_Engles@comcast.com>; con nor. lange@avistacorp.com; Consolidated Irrigation District #19
<consolidatedirrigation @comcast.net>; David Moore (David.J.Moore@usace.army.mil)
<David.J.Moore@usace.army.miI>; Deborah Johnson <SEPA.reviewteam@doh.wa.gov>;
DJELLIS@spokanesheriff.org; East Spokane Water District #1 <distl@comcast.net>; East Valley
School District #361 <smithLO@evsd.org>; Felts Field - Ryan Sheehan
<rsheehan@spokaneairports.net>; Hallie Ladd (hallie.ladd@ecy.wa.gov) <hallie.ladd@ecy.wa.gov>;
Henry Allen <hallen@spokanevalley.org>; Hutchinson Irrigation District
<hutchinsonidl6@gwestoffice.net>; Inland Power & Light <connien@inlandpower.com>; Irvin
Water District <irvinwater@windwireless.net>; James Stuchell (james_stuchell@comcast.com)
<james_stuchell@comcast.com>; Jamie Short (jaime.short@ecy.wa.gov) <jaime.short@ecy.wa.gov>;
Jason Beesley (jbeesley@modernelectricwater.com) <jbeesley@modernelectricwater.com>; Jazdzyk,
Eric (Parks) <Eric.Jazdzyk@PAR KS.WA.GOV>; Jeney-Ir., Dennis <dennis.jeneyjr@fema.dhs.gov>;
Jenny Nickerson <jnickerson@spokanevalley.org>; Jerremy Clark <jclark@spokanevalley.org>;
jfields@verawaterandpower.com; John Bottelli <jbottelli@spokanevalley.org>; Jordan, Dale J (Jess)
NWS <Dale.J.Jordan@usace.army.mil>; Kelly Williquette <kwilliquette@scwd3.org>; Lara Gricar
<Lara.Gricar@Parks.wa.gov>; Limon, Tara <tlimon@spokanetransit.com>; Louis Acosta
<lacosta@spokanesheriff.org>; Lynn Schmidt (Lyns461@ecy.wa.gov) <Lyns461@ecy.wa.gov>; Marty
III IIb lit 1
To Ibasinger@spokanevaIIey.org
From: Dawn Dompier
Date: 12/12/2022
Subject: CPA-2023-01
Project Name: 2023 Comprehensive Plan Amendments
Stage: DNS
Description: Change land use from SFR to Parks/Open Space
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:
a va lr..a !rn N t IP..Ian I.R ev ew C ........... e cl llst
Additional General Commercial Sewer information can be found here:
General Commercial Sewer Ilnfr..a Wata�N° �Usa. a� FstiNnata� 11=r..aN°nn
.................................................................................................................................................................................................... g.....................................................................................................
Sewer Planning and Design webpage
...........................................................................................
From: Innachka Goleta
To: Levi Basinger
Subject: Project# CPA-2023-01
Date: Saturday, April 1, 2023 7:50:39 PM
[EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening
attachments or clicking links.
Hello,
I am writing in regards to the project # CPA-2023-01 in favor of changing the land use from
Single Family Residential and Neighborhood Commercial to Parks/Open Space. The four vacant
parcels are home to many species of birds and other wildlife. American Goldfinches, House Finches,
Dark -Eyed Juncos, Song Sparrows, Northern Flickers, Red-tailed Hawks, and the Great Horned Owls
are just a few of the many birds that call the vacant parcels "home." I believe that wildlife should be
preserved in any and every way possible. Creating a Park/Open Space instead of new developments
would ensure that the wildlife will not be forced to move elsewhere. The park should be planned in a
way that benefits the community and the wildlife as well; perhaps even sectioning off parcel
46355.9151 and parcel 46352.9149 as natural areas for wildlife. Sidewalks and paved pathways
would make bicycle riding and walking more safe and enjoyable. In conclusion, I am FOR the parcels
to be Park/Open Space parcels.
Thank you for your consideration.
Inna Goleta
Levi Basinger
From: Christine Beirouty <cbeirouty@gmail.com>
Sent: Thursday, April 6, 2023 11:18 AM
To: Levi Basinger
Subject: RE: Project Number CPA-2023-01
[EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening attachments or
clicking links.
Good Morning
I am one of the homeowners in the new development next to the proposed project area.
Last year, when we selected our lot for our new build, we were told by the builders that nobody would be able to build
behind us - and that is the main reason we chose the lot that we did.
My mother in law spoke to one of our neighbors today to which the neighbor said she was told the exact same thing -
and I am certain we have more neighbors who were told the same thing.
We do NOT want any homes built behind us - and the area itself doesn't seem to make sense to build homes. It's too
close to Bigelow/Forker and too close to the power lines.
New homes don't need to fill up every single empty space. LEAVE IT ALONE.
Thank you
Christine
From: Sue Brun
To: Levi Basinger
Subject: Project CPA-2023-01 application to change
Date: Thursday, April 13, 2023 2:51:20 PM
[EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening
attachments or clicking links.
Proposed zoning change to park.
I'm all for a natural park on my back fence. This is a good location and since it is really wet in
the fields there .... there might be some nice birds that will make it their habitats if some of the
marshy parts are left.
Thank you spokane valley for giving wildlife a place and humans to be able to share and learn
with the changing community.
Susan Brunemeier
14717 E Caprio.
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 8, 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 23-016 — 2023 Zoning Map Amendment.
GOVERNING LEGISLATION: RCW 36.70A, SVMC 17.80.140 and 19.30.010
PREVIOUS COUNCIL ACTION TAKEN: On November 22, 2022, the City Council approved the
2023 Comprehensive Plan Amendment Docket. On July 25, 2023, Council consensus to
prepare Ordinance 23-016 for a first reading.
BACKGROUND: The Growth Management Act (GMA) allows local jurisdictions to consider
amendments to their Comprehensive Plans once each year. The City codified this process in
Section 17.80.140 of the Spokane Valley Municipal Code (SVMC). Consistent with the SVMC,
staff published notice advising the public of the annual amendment process and that the City
would accept applications for the 2023 cycle through November 1, 2022.
On November 22, 2022, the City Council approved the 2023 Docket. The Docket includes one
city -initiated site -specific map amendment to the Comprehensive Plan and zoning.
On December 9, 2022, the City issued Determinations of Non -significance (DNS) for the
proposed comprehensive plan amendment pursuant to Title 21 of the Spokane Valley Municipal
Code.
On June 2 and 9, 2023, notice for a public hearing on the proposed amendment was placed in
the Spokane Valley News Herald. On June 7, 2023, the site subject to an amendment was
posted with a "Notice of Public Hearing" sign with a description of the proposal and information
on the public hearing. On June 6, 2023, a notice of public hearing was mailed to property
owners within 400 feet of the proposed amendment site.
On March 9, 2023, the Planning Commission held a study session on the proposed 2023
Comprehensive Plan amendment. A public hearing on the proposed amendment was held June
22, 2023. Following the public hearing, the Planning Commission deliberated on the proposed
CPA and voted 6-0 recommending that City Council approve CPA-2023-01.
On July 25, 2023, an Administrative Report was presented to City Council. The Council agreed
by consensus to have the proposed Ordinance 23-016 presented for first reading. The
Ordinance under consideration identifies the findings to approve the proposed amendment
consistent with the Comprehensive Plan goals and policies, the GMA, and the SVMC.
The Governance Manual for City Council provides that Council will not take public comment on
items that have already had a public hearing. As noted above the Planning Commission held a
duly notice public hearing on the proposed Comprehensive Plan amendment.
OPTIONS: Move to advance Ordinance No. 23-016 to a second reading, with or without
amendments.
RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 23-016 to a second
reading as proposed.
BUDGET/FINANCIAL IMPACTS: None
STAFF CONTACT: Levi Basinger, Planner
ATTACHMENTS:
1. Draft Ordinance 23-016 with attachments
Draft
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.23-016
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY
WASHINGTON, AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN CPA-2023-01;
AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO.
WHEREAS, the City of Spokane Valley (City) adopted the Spokane Valley Municipal Code (SVMC)
and the Official City Zoning Map pursuant to Ordinance No. 16-018, on December 13, 2016 (the Official
City Zoning Map); and
WHEREAS, comprehensive plans may be amended annually pursuant to RCW 36.70A.130 of the
Growth Management Act (GMA); and
WHEREAS, amendments to the City's Comprehensive Plan may be initiated by the Planning
Commission (Commission), the City Council (Council), citizens, or by the Community and Public Works
Director based on citizen requests or when changed conditions warrant adjustments; and
WHEREAS, the GMA requires comprehensive plans to be implemented with development regulations,
including the zoning of all properties in the City that are consistent with land use map designations; and
WHEREAS, the City adopted Public Participation Guidelines to direct the public involvement process
for adopting and amending comprehensive plans; and
WHEREAS, the Spokane Valley Municipal Code (SVMC) provides that amendment applications shall
be received prior to November 1 of each year; and
WHEREAS, applications were submitted by the applicant, owner, or by City staff to amend the
Comprehensive Plan and Zoning Map for the purpose of beneficially using the property described herein;
and
WHEREAS, on November 22, 2022, City Council approved the 2023 Comprehensive Plan Amendment
Docket, which included one proposal, CPA-2023-0001; and
WHEREAS, pursuant to the State Environmental Protection Act chapter 43.21C RCW (SEPA) and
chapter 21.20 SVMC, staff conducted an environmental review to determine the potential environmental
impacts from the proposed amendment; and
WHEREAS, on December 9, 2022, after reviewing the environmental checklists, staff issued a
Determination of Non -Significance (DNS) for the proposal, published the DNS in the Valley News Herald,
and where appropriate posted the DNS on site and mailed the DNS to all affected public agencies; and
WHEREAS, on December 5, 2022, the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106 of the City's intent to adopt amendments to the Comprehensive Plan; and
WHEREAS, on March 9, 2023, the Commission conducted a study session to review the proposed
amendments; and
WHEREAS, on June 2 and 9, 2023, notice of the Commission public hearing was published in the Valley
News Herald the City's official newspaper; and
Ordinance 23-016: 2023 Zoning Map Amendments Page 1 of 6
Draft
WHEREAS, on June 6, 2023, notice of the Commission hearing was mailed to all property owners within
400 feet of the subject property; and
WHEREAS, on June 7, 2023, notice of the Commission hearing had been posted on all the subject
property; and
WHEREAS, on June 22, 2023, the Commission received evidence, information, public testimony, and
a staff report and recommendation at a public hearing; and
WHEREAS, on June 22, 2023, the Commission deliberated and voted to forward CPA-2023-01 to
Council with a recommendation for approval, with written findings of fact setting forth the bases for such
recommendations to Council; and
WHEREAS, on July 25, 2023, Council conducted a briefing to review the proposed amendments; and
WHEREAS, on July 25, 2023, Council concurred to place CPA-2023-01 in an ordinance for
consideration of approval; and
WHEREAS, on August 8, 2023, Council considered a first ordinance reading to approve CPA-2023-
0 1; and
NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows:
Section 1. PMose. The purpose of this Ordinance is to amend the Official City Zoning Map as
described in CPA-2023-01.
Section 2. Findings. Council acknowledges that the Commission conducted appropriate
investigation and study and held a public hearing on the proposed amendments to the Official City Zoning
Map. Council has considered the Commission's findings. Council makes and adopts findings specific to
the Zoning Map amendment as set forth in Section 4 below. The Council hereby makes and adopts the
following findings for CPA-2023-01:
General Findings:
1. Pursuant to chapter 43.21C RCW (SEPA), environmental checklists were required for the
proposed Comprehensive Plan amendment.
2. Staff reviewed the environmental checklists and a threshold determination was made for the
proposed Comprehensive Plan amendment.
On December 9, 2022, Determination ofNon- Significance (DNS) was issued for the proposed
Comprehensive Plan amendments.
4. On December 9, 2022, the DNS was published in the City's official newspaper, the Valley
News Herald, pursuant to chapter 21.20 SVMC.
The procedural requirements of SEPA and Title 21 SVMC have been fulfilled.
Ordinance 23-016: 2023 Zoning Map Amendments Page 2 of 6
Draft
On December 5, 2022, the Washington State Department of Commerce was provided a notice
of intent to adopt amendments to the Comprehensive Plan.
On June 6, 2023, individual notices of public hearing for the proposed site -specific map
amendments were mailed to all property owners within 400 feet of the affected site.
On June 7, 2023 the site subject to a proposed site -specific amendment was posted with a
"Notice of Public Hearing" sign, with a description of the proposal.
On June 2 and 9, 2023, notice of the Commission public hearing was published in the Valley
News Herald.
10. The procedural requirements in SVMC 17.80.140 for the amendment process, including
public participation, notice, and public hearing requirements have been met.
11. On June 22, 2023, the Commission held a public hearing on the proposed Comprehensive
Plan amendment. After receiving public testimony, the public hearing was closed.
12. On June 22, 2023, the Commission deliberated and voted to forward CPA-2023-01 to Council
with a recommendation for approval.
13. The Commission adopted findings for CPA-2023-014. Such findings were presented to
Council. Specific findings adopted and made by City Council for the Comprehensive Plan
Amendment request are contained in Section 4, below.
14. The Commission and Council have reviewed the proposed amendments concurrently to
evaluate the cumulative impacts. The review was consistent with the annual amendment
process pursuant to SVMC 17.80.140 and chapter 36.70A RCW.
15. The proposed amendments to the Comprehensive Plan are consistent with GMA and do not
result in internal inconsistencies within the Comprehensive Plan itself.
Section 3. Property. The property subject to this Ordinance is described in Attachment "A" (2023
Official City Zoning Map Amendments).
Section 4. Map Amendments. Pursuant to RCW 36.70A.130, the Official City Zoning Map is hereby
amended as set forth below and in Attachment "A" (Maps). The Zoning Map amendment is described as
follows:
Man Amendments:
File No. CPA-2023-01:
Proposal: A request to change the Comprehensive Plan designation and zoning for 19.45 acres Single
Family Residential (SFR) and 4.41 acres Neighborhood Commercial (NC) to Parks/Open Space (P/OS).
Applicant: City of Spokane Valley
Amendment Location: Parcels 46351.9143, 46352.9149, 46354.9150, and 46355.9151; Section 35,
Township 26 North, Range 44 East, Willamette Meridian, Spokane County, Washington.
Council adopts and makes the following Findings for CPA-2023-01:
1. The proposed amendment to change the designation for 19 acres from Single Family
Residential (SFR) and 4 acres from Neighborhood Commercial (NC) to Parks and Open
Space (P/OS) bears a substantial relationship to the public health, safety, welfare, and
Ordinance 23-016: 2023 Zoning Map Amendments Page 3 of 6
Draft
protection of the environment. In 2021, the City acquired four parcels (46351.9143,
46352.9149, 46354.9150, 46355.9151) west and south of Progress Road and east of Forker
Road. This area was generally identified as New Park Area 1 in the 2019 Parks and
Recreation Master Plan. These plans were developed through an extensive community
engagement process. Additionally, the expansion is necessary to maintain the adopted Level
of Service (LOS) 3.25 acres of park land for every 1,000 residents.
The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and
with the portion of the City's adopted plan not affected by the amendment. The Growth
Management Act (GMA) adopts fourteen goals to guide the development of local
comprehensive plans and development regulations. The proposal is consistent with the GMA
goals to enhance recreational opportunities and develop parks and recreation facilities.
Additionally, the GMA requires a Parks and Recreation element to be a part of the adopted
comprehensive plan. The City's Comprehensive Plan adopts the Parks Plan by reference.
The proposed amendment does not respond to a substantial change in conditions beyond the
property owner's control applicable to the area within which the subject property lies.
The proposed amendment is not in response to or corrects an obvious mapping error.
The proposed amendment will address a documented deficiency of park land in the
Comprehensive Plan. Presently, the City needs an additional 53 acres of park land to meet
adopted levels of service. In addition, the Comprehensive Plan identifies the following goals
and policy that support the proposed change:
a. P-GI Develop, grow, and maintain a diverse and accessible park, recreation, trail,
and open space system that enhances community character.
b. P-P2 Acquire land for the development of parks or the preservation of open space
within the City's boundaries and adjacent UGAs.
c. P-P3 Using the Parks and Recreation Master Plan, periodically assess recreational
facilities to identify potential gaps and improvements.
d. P-P7 Identify and protect regional open spaces and natural areas to form a connected
network of active and passive recreation areas.
e. NR-GI: Pursue flood hazard reduction while providing predictability for
landowners.
f. NR-P9: Ensure that wetlands, fish and wildlife habitat conservation areas, frequently
flooded areas, geologically hazardous areas, and critical aquifer recharge areas are
identified, designated, and protected.
The change to P/OS will not impact the physical environment. The change will result in less
intensive uses than are allowed in SFR and NC zones, reducing potential effects on the
physical environment.
According to the City's Critical Areas map, most of the property is located in the 100-year
floodplain. The primary flood zone designation that applies to the site is AO, which is defined
as an area of shallow flooding, usually in the form of sheet flow, with an average depth
ranging from 1 to 3 feet. There is also a seasonal stream (DNR Type F) located on the
property that flows into a drainage channel, which is deposited into a stormwater storage
basin where it infiltrates into the soil. The parcels are not located within shoreline
jurisdiction, and there are no known surface water quality or quantity issues. The City's
environmental controls including floodplain and critical areas regulations will ensure
protection of the critical areas and adjacent land use are addressed at the time of future
development. During deliberations, members of the Planning Commission stated an
agreement with public testimony that a future park development should consider maintaining
the area as natural open space.
The proposed amendment is compatible with the surrounding land uses. Future development
of the park space will provide a documented need and location identified in the 2019 Parks
and Recreation Master Plan.
Ordinance 23-016: 2023 Zoning Map Amendments Page 4 of 6
Draft
9. The proposed amendment site is adequately served by and will have minimal impact on
community facilities including utilities, roads, public transportation, parks, recreation, and
schools.
10. The proposed amendment provides benefits to the neighborhood and City by providing an
opportunity to provide park and open space to the neighborhood without the need to leave
the area. Plante's Ferry Park, the nearest formal public park, is outside municipal boundaries
and maintained by Spokane County. The proposed amendment will provide new City -owned
and maintained park and open space for residents. The expansion of park space in this area
will help the City meet its adopted LOS for park land.
11. The quantity and location of park land is planned for and needed as identified in the Parks
Plan. A park at this location furthers the goals of the Parks Plan and Comprehensive Plan.
12. The proposed change would have no impact on projected population density.
13. The proposal will not have an impact on other aspects of the Comprehensive Plan. In addition
to meeting the goals in the Parks and Recreation Master Plan the proposed amendment
addresses the following goals, policies, and strategy of the Comprehensive Plan:
a. LU-G2 Provide for land uses that are essential to Spokane Valley residents,
employees, and visitors.
b. LU-P18 Enable public open spaces.
c. P-GI Develop, grow, and maintain a diverse and accessible park, recreation, trail,
and open space system that enhances community character.
d. P-P2 Acquire land for the development of parks or the preservation of open space
within the City's boundaries and adjacent UGAs.
e. P-P3 Using the Parks and Recreation Master Plan, periodically assess recreational
facilities to identify potential gaps and improvements.
f. P-P5 Design parks and community facilities to provide easy access for pedestrians,
bicycles, autos, and public transit.
g. P-P8 Plan for access to parks, trails, and other open spaces in all neighborhoods.
h. NR-G1 Pursue flood hazard reduction while providing predictability for landowners.
i. NR-P2 Prepare and/or regularly update watershed plans for Chester Creek, Glenrose
Channel, Saltese Creek, Forker Draw, and Central Park Basin.
j . NR-P3 Prepare an accurate, updated map of areas expected to be inundated by a 100-
year flood, particularly in the Spokane River, Forker Draw, and Glenrose Channel
Areas.
k. NR-P9 Ensure that wetlands, fish and wildlife habitat conservation areas, frequently
flooded areas, geologically hazardous areas, and critical aquifer recharge areas are
identified, designated, and protected.
14. The criteria of SVMC 17.80.140(H) are met by the amendment.
Council Decision: Change the designation for parcel numbers 46351.9143, 46352.9149, 46354.9150, and
46355.9151to Parks/Open Space (P/OS).
Section 5. Zoning Map/Official Controls. Pursuant to RCW 35A.63.100, for the purpose of
regulating the use of land and to implement and give effect to the Comprehensive Plan, the City hereby
amends the Official City Zoning Map as set forth in Attachment "A".
Section 6. Adoption of Other Laws. To the extent that any provision of the SVMC, or any other law,
rule, or regulation referenced in the attached Zoning Map(s) is necessary or convenient to establish the
validity, enforceability, or interpretation of the Zoning Map(s), then such provision of the SVMC, or other
law, rule, or regulation is hereby adopted by reference.
Section 7. Map - Copies on File -Administrative Action. The Zoning Map is maintained in the office
of the City Clerk as well as the City Department of Community and Public Works. The City Manager or
Ordinance 23-016: 2023 Zoning Map Amendments Page 5 of 6
Draft
designee, following adoption of this Ordinance, is authorized to modify the Zoning Map in a manner
consistent with this Ordinance, including correcting scrivener's errors.
Section 8. Liability. The express intent of the City is that the responsibility for compliance with the
provisions of this Ordinance shall rest with the permit applicant and their agents. This Ordinance and its
provisions are adopted with the express intent to protect the health, safety, and welfare of the general public
and are not intended to protect any particular class of individuals or organizations.
Section 9. Severability. If any section, sentence, clause, or phrase of this Ordinance shall be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this
Ordinance.
Section 10. Effective Date. This Ordinance shall be in full force and effect five days after publication
of this Ordinance or a summary thereof in the official newspaper of the City as provided by law.
PASSED by the City Council this day of August, 2023.
ATTEST:
Marci Patterson, City Clerk
Approved as to form:
Office of the City Attorney
Date of Publication:
Effective Date:
Pam Haley, Mayor
Ordinance 23-016: 2023 Zoning Map Amendments Page 6 of 6
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 8, 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: Council Goals and Priorities for Use of Lodging
Tax Revenues
GOVERNING LEGISLATION: Imposition of tax, set-up of Lodging Tax Advisory Committee
(LTAC) and determination of qualified expenditures is governed by RCW 67.28; and Spokane
Valley Municipal Code 3.20.
PREVIOUS COUNCIL ACTION TAKEN: An administrative report was delivered to Council on
this topic on July 18, 2023.
BACKGROUND:
On July 18, 2023 an administrative report was delivered to Council that addressed the process
leading to the annual award of lodging tax proceeds to applying organizations. Topics in the
report included a discussion on the tax itself as well as the roles of the Lodging Tax Advisory
Committee (LTAC) and City Council. During the July 181h meeting, Council reached consensus
to bring the goals back without modifications. The goals are as follows:
Council Goals and Priorities for Use of the Initial 2% Lodging Tax
Annually Council discusses and adopts goals and priorities that it encourages the LTAC to
consider when making award recommendations. As of the 2023 award year, these goals are as
follows:
Council desires to direct awards toward funding new and innovative projects, activities,
events or festivals that will distinguish Spokane Valley as a tourism destination and result in
increases to Spokane Valley tourism. As part of this goal, Council will use lodging taxes for
the purposes allowed in State law, which include:
a. Tourism marketing
b. The marketing and operations of special events and festivals
c. The operation and capital expenditures of tourism related facilities owned or operated by
a municipality or public facility district
d. The operation (but not capital expenditures) of tourism related facilities owned or
operated by non-profit organizations.
2. Council will prioritize funding for destination marketing projects that promote the City as a
tourist destination and for capital expenditures to develop tourism destination facilities or
venues within Spokane Valley as a means of drawing additional visitors to the City
(recognizing that this option is limited to facilities owned by a municipality or public facility
district).
3. Council recognizes that lodging nights are an important measure of a successful event or
marketing program and will place higher consideration on events or programs with a
demonstrable history of increasing overnight stays. Council may also take into consideration
to a lesser degree the economic impact of all major components of our tourism -based
economy including shopping, dining and overnight visits.
4. Council will take into consideration revenues received by applicants that were derived from
other sources within Spokane Valley and other municipal entities and agencies such as any
standing Tourism Promotion Authority and the Spokane Public Facilities District.
5. An award to any particular applicant cannot be greater than the dollar amount requested in
that applicant's application.
2023 Timeline Leading to 2024 Awards of the 2.0% Portion Lodging Tax
The calendar we plan to follow in 2023 for 2024 lodging tax awards is as follows:
Tues 7/18/2023 Admin Report - Review Council goals and priorities for use of
lodging tax proceeds.
Tues 8/8/2023 Motion seeking Council approval of goals and priorities for the use of
lodging tax proceeds.
Fri 8/25/2023 City runs notice in newspaper, places on web site, and sends letters to
2023 award recipients and others agencies that may have expressed
interest.
Fri 9/29/2023 Grant proposals are due to City by 4pm (no late submittals will be
accepted).
Fri 10/6/2023 Applications sent to Lodging Tax Advisory Committee for review.
Mid - October Applicant presentations to Committee.
Tues 11/7/2023 Formal Council Meeting
Admin Report: LTAC Recommendations to City Council
Tues 12/12/2023 Formal Council Meeting
City Council Motion Consideration: Award Lodging Tax for 2024
OPTIONS: Approve Council goals and priorities for the use of lodging tax revenues with or
without modifications.
RECOMMENDED ACTION OR MOTION: Move to approve the Council goals and priorities for
the use of lodging tax revenues as written.
BUDGET/FINANCIAL IMPACTS: In 2023 the 2% portion of the lodging tax is currently
budgeted at $900,000 and the 1.3% portion at $600,000. Lodging tax collections have exceeded
pre -pandemic levels. We will be watching revenue collections closely as the year progresses;
however, staff expects 2024 budgeted amounts to approximate the 2023 budgeted amounts.
STAFF CONTACT: Chelsie Taylor, Finance Director; Sarah Farr, Accountant/Budget Analyst
ATTACHMENTS: None
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 8, 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: Family Promise of Spokane — Valley FLASH Program
Grant Agreement
GOVERNING LEGISLATION: 42 U.S.C. § 803; 31 C.F.R. Part 35.
PREVIOUS COUNCIL ACTION TAKEN: Numerous City Council meetings from July 2021 through
May, 2023 with regard to the American Rescue Plan Act (ARPA) and the funding awarded to the City. On
April 11, 2023, Council heard presentations from those submitting proposals to the affordable housing and
homeless services RFP. On May 16, 2023, Council gave consensus to allocate $3,998,535 in funding to
support affordable housing and homelessness efforts. Family Promise of Spokane was awarded a grant in
the amount of $1,095,078 to provide homelessness services through its Valley FLASH (Fast -Leasing &
Sustainable Housing) Program.
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").
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 that the ARPA funds received may be used for any governmental service to
replace lost revenue. The City has primarily used these funds towards its ongoing law enforcement contract
costs. As a result of replacing that money, 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.
On May 16, 2023, Council approved an allocation of $1,095,078 to support the Family Promise of
Spokane in providing homelessness services through its Valley FLASH (Fast -Leasing & Sustainable
Housing) Program. The program will serve a fundamental government purpose by providing community
benefits in support of the poor or infirm. Family Promise is committed to reducing the number of
Spokane Valley school district students exposed to homelessness and reduce the average length of
homelessness. The FLASH program prioritizes preventing homelessness from occurring by utilizing
resources such as School Based Housing Case Management, landlord relationship coordination, direct
client assistance, and rental and utility assistance. This will also include diversion programs to identify
tools and resources for families to use that may help prevent them from entering the homeless shelter
system.
Additionally, the grant funding will provide emergency housing services at the Valley House, which
offers between three and five rooms, and case managers to help assist in rehousing efforts. Families may
also seek assistance through the Family Promise Center, to access the Emergency Family Shelter. There,
families will gain access to the Housing -First case management model. A small portion of the funding
will be used to make capital improvements to the Valley House facility by adding a paved area to the
property.
Page 1 of 2
Staff have negotiated a grant agreement with Family Promise of Spokane. The grant agreement awards
money to Family Promise, outlines the project scope and timeline, and provides for monthly reporting of
those served and program performance metrics.
OPTIONS: Move to approve the Grant Agreement with Family Promise of Spokane for a $1,095,078
award and authorize the City Manager or designee to finalize and execute the agreement in substantially
the form presented and to carry out the terms of the agreement once executed; or take other action deemed
appropriate.
RECOMMENDED ACTION OR MOTION: Move to approve the Grant Agreement with Family
Promise of Spokane for a $1,095,078 award and authorize the City Manager or designee to finalize and
execute the agreement in substantially the form presented and to carry out the terms of the agreement once
executed.
BUDGET/FINANCIAL IMPACTS: Approximately $16 million added to budget for eligible expenses.
This award will reduce the City's available general funds provided through the revenue replacement process
of the American Rescue Plan by $1,095,078.
STAFF CONTACT: Sarah Farr, Accountant/Budget Analyst
ATTACHMENTS: Draft Grant Agreement with Family Promise of Spokane
Page 2 of 2
23-137.00
Grant Recipient: F
Project:
Award Amount:
CITY OF SPOKANE VALLEY
GRANT AGREEMENT
Promise of
Valley FLASH (Fast -Leasing & Sustainable Housing) Program
$1,095,078 Project#:
Term Period: Effective Date
N/A Contract#: 23-137.00
To December 31.2024
THIS AGREEMENT is a grant agreement entered into between Family Promise of Spokane, a
Washington nonprofit corporation (the "Grant Recipient") and the City of Spokane Valley, a
municipal corporation of the State of Washington (the "City") (collectively the "Parties") for the
purpose of providing homelessness prevention services and emergency housing serving City
residents as described herein.
RECITALS
A. The City's draft Homelessness Action Plan dated May 30, 2023, notes that homelessness
is one of the most challenging social issues facing the City. The action plan to prevent and
reduce homelessness in the community sets forth three primary objectives: preventing
homelessness from occurring where possible, reducing current levels of homelessness, and
improving the quality of life of residents, including those experiencing homelessness. City
homelessness programs align with a fundamental purpose of the City to provide aid to the
poor and infirm and to provide affordable housing within the community.
B. According to data provided by Grant Recipient, in the 2021-2022 school year, 584 people
experienced homelessness in the three Spokane Valley school districts, and as of January
2023, the districts reported an increase to 647 homeless students. Children who experience
homelessness are three times more likely to drop out of school, five times more likely to
be victims of sexual violence and seven times more likely to attempt suicide than their
housed counterparts. The Project funded with this Grant Award is intended to reduce the
number of Spokane Valley school district students exposed to homelessness and the
average length of homelessness.
C. As detailed in the Scope of Work, the Project serves a fundamental governmental purpose,
is a City purpose for which the City is receiving consideration in the form of community
benefits, and is a City purpose in support of the poor or infirm, as provided in the State
constitution.
NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth
in this Agreement, the Parties agree as follows:
GRANT AWARD TERMS AND CONDITIONS
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23-137.00
DEFINITIONS
1.1 Project.
The term "Project" means the homelessness prevention services and minor capital project
improvement for the Valley House described in Exhibit A. Grant Award Funds available
pursuant to this Agreement may only be used for the Project, consistent with the
requirements set forth in this Agreement and in the following attached exhibits, which are
incorporated herein by reference:
❑
Scope of Work
Attached as Exhibit A
❑
Project Budget
Attached as Exhibit B
❑
Timeline, Milestones, & Performance Metrics
Attached as Exhibit C
❑
Insurance Requirements
Attached as Exhibit D
❑
Prevailing Wage Certification
Attached as Exhibit E
1.2 Administrator. The City Manager or designee shall administer and be the primary
contact for Grant Recipient throughout the term of this Agreement.
1.3 Scope of Work. Grant Recipient shall provide a scope of work ("Scope of Work"),
attached hereto as Exhibit A, which describes the Project purpose and community
benefits in detail and includes a description of the services to be provided with Grant
Award Funds. Grant Recipient shall apply the funds received from the City for the
Project under this Agreement in accordance with the Scope of Work, attached hereto
as Exhibit A.
1.4 Project Budget. Grant Recipient shall work with the City to develop a final Project
Budget, to be attached hereto as Exhibit B.
2. EFFECTIVE DATE
The Agreement shall be effective upon signature by both Parties ("Effective Date")
3. TERM
The term ("Term") of this Agreement shall begin on the Effective Date and end on
December 31, 2024. This Agreement shall remain in effect until such time as it is amended
in writing or terminated as provided herein.
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23-137.00
4. AMENDMENTS
This Agreement together with the attached exhibits is the whole Agreement between the
Parties. This Agreement may be amended only in writing, duly executed by the Parties.
5. NOTICES
Unless otherwise specified in the Agreement, all notices or documentation required or
provided pursuant to this Agreement shall be in electronic form and shall be deemed duly
given when received at the addresses below via electronic mail.
THE CITY OF SPOKANE
VALLEY
Family Promise of Spokane
City Clerk
Joe Ader, Executive Director
10210 East Sprague Avenue
2002 E. Mission Ave,
Spokane Valley, WA 99206
Spokane, WA 99202
509 720-5000
509-747-5487
mpatterson@spokanevalleywa.gov
jader@familypromiseofspokane.org
Either Party may, at any time, by giving ten (10) days written notice to the other Party to
designate any other notice address.
6. DISBURSEMENT OF GRANT FUNDS
6.1 The City may authorize, at the City's sole discretion, reimbursement of Project -
related costs incurred on or after May 16, 2023 (the date the City Council
approved the Award Amount).
6.2 The City Finance Department will provide instructions outlining the process for
submitting electronic reimbursement requests within 14 days of execution of this
Agreement. The City shall initiate authorization for payment and disbursement of
Grant Award Funds after approval of sufficiently detailed Project -related invoices,
proof of payment, and related documentation submitted by Grant Recipient to the
City Finance Department at accoLititsp,�lry�Ii)I „(fa',,5 gk-atievallcyw , c; ;. The City
will reimburse amounts determined by the City Manager or designee to be for the
purposes of this Agreement. The City reserves the right to withhold payment under
this Agreement for that portion of the work (if any) which is determined in the
reasonable judgment of the City Manager or designee to be noncompliant with the
purposes of this Agreement, City standards, City Code, and federal or state law.
The City shall make payment to Grant Recipient not more than thirty (30) days after
a complete and accurate invoice and any other required documentation is received
and approved.
6.3 Grant Recipient shall submit the final invoice, supporting documentation and any
outstanding deliverables, as specified in the Scope of Work (Exhibit A) and Project
Budget (Exhibit B), within thirty (30) days of the date this Agreement expires or
is terminated. If the Grant Recipient's final invoice, supporting documentation and
reports are not submitted by that day, the City will be relieved of all liability for
payment to Grant Recipient of that invoice or any subsequent invoice.
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23-137.00
7. GRANT REPORTING
All Grant Award Funds received pursuant to this Agreement must be accounted for
separately from all other Grant Recipient accounts and moneys. Until the Project is
completed, and all proceeds provided pursuant to this Agreement have been expended, the
Grant Recipient shall provide reports to the City Manager or designee as outlined in
Exhibit C of this Agreement.
COMPLETION OF THE PROJECT
Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A and B
of this Agreement. If Grant Recipient cannot complete the Project as described, the City
shall be released from any obligation to fund the Project, and the City in its sole discretion
may reallocate such funds for other projects.
Pursuant to Section 19, Termination, this Agreement will be terminated if the Grant
Recipient is unable or unwilling to expend the Grant Award Funds for the Project as
provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds for
a purpose other than completion of the Project as described in the Scope of Work in at
Exhibit A.
9. COMMUNICATION AND THE CITY OF SPOKANE VALLEY MILESTONE
NOTIFICATION
Grant Recipient shall recognize City as a "funder" for the Project in the following manner:
9.1 Events: Grant Recipient shall invite and recognize "The City of Spokane Valley"
at all events promoting the Project.
9.2 Community Relations: Grant Recipient shall recognize "The City of Spokane
Valley" and the City as a "funder" in all social media, websites, brochures, banners,
posters, press releases, and other promotional material related to the Project.
9.3 The City of Spokane Valley Notification: Grant Recipient shall notify the City
Manager or designee 30 days prior to any major milestone.
9.4 Signage: Grant Recipient shall recognize "The City of Spokane Valley" on any
signage as "funder" of the Project. Grant Recipient is required to obtain approval
from the City Manager or designee to use the City logo on any signage and
communications. If approved, the appropriate City logo will be provided by the
City.
10. DISPOSITION OF REMAINING GRANT AWARD FUNDS
Any Grant Award proceeds in excess of those required to be provided by the City for the
actual costs of the Project shall remain with the City for use in its sole discretion.
11. INSURANCE REQUIREMENTS. Grant Recipient shall maintain, and/or require its
Contractor(s) to maintain the minimum scope and limits of insurance as required in Exhibit
D — Insurance Requirements.
12. CONSTRUCTION OF THE FACILITY
12.1 Capital Improvements.
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23-137.00
Grant Recipient shall design the Facility, features, and amenities in accordance with
all applicable design(s), timelines, restrictions, environmental considerations,
permitting determinations, neighborhood impact mitigations, and all other legal
requirements. All contracted work by Grant Recipient, its agents, representatives,
or subcontractors, shall be bonded and properly insured to ensure the complete and
safe design and construction of all facilities, features, and amenities. As between
Grant Recipient and the City, Grant Recipient will be solely responsible to comply
with all applicable authorities and to obtain all necessary permits, approvals, and
endorsements for the Project.
12.2 Warranties.
With respect to all warranties, express or implied, for work performed or materials
supplied in connection with the Project, Grant Recipient shall:
• Obtain all warranties, express or implied, that would be given in normal
commercial practice from suppliers, manufacturers, contractors or installers;
• Require all warranties be executed, in writing;
• Be responsible to enforce any warranty of a contractor, subcontractor,
manufacturer, or supplier.
If, within an applicable warranty period, any part of the Facility or work performed
to construct the Facility is found not to conform to specifications, permit
requirements, or industry standard, Grant Recipient shall correct it promptly.
12.3 Right to Inspect Construction.
City personnel or agents may inspect the Project work at any time provided that
such persons observe due regard for workplace safety and security. Grant Recipient
specifically understands, acknowledges, and agrees that at a minimum, the City will
inspect the Facility construction project before final completion of the Facility.
12.4 Design.
Grant Recipient has retained a licensed architect and/or licensed professional
engineer, registered in the State of Washington, who will prepare a Project design
for the Facility and exterior landscaping, which visually blends with the setting.
12.5 Development and Construction Fees and Expenses.
Grant Recipient will be responsible to obtain and pay for all necessary permits, fees,
and expenses associated with the Project.
12.6 Public Works Laws.
The City is providing funds to pay or reimburse eligible costs up to a fixed Grant
Award amount. Grant Recipient (and not the City) is responsible for design,
development and construction of the Project and for all construction costs and risks,
including all construction cost overruns. In no event shall the City be responsible
for any costs associated with the construction of the Project. As owner of the
property, Grant Recipient bears all ownership risks and responsibilities.
The Grant Recipient certifies that all contractors and subcontractors performing
work on the Project shall be paid prevailing wages in compliance with state
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Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the
Project funded by the Grant Award, and shall complete and submit Exhibit E. The
grant is made to finance all or a portion of the cost of construction, reconstruction,
acquisition, or rehabilitation of housing that will be occupied by a person or family
of low income (income that does not exceed eighty percent of the median area
income) and therefore is not considered a public work, provided that, pursuant to
RCW 35.21.685, whenever feasible the Grant Recipient shall make every
reasonable and practicable effort to utilize a competitive public bidding process.
Grant Recipient will indemnify and defend the City should it be sued or made the
subject of an administrative investigation or hearing for a violation of such laws,
regulations, and ordinances in connection with the improvements.
12.7 Minimum Scope and Limits of Insurance.
Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the
minimum scope and limits of insurance as required in Exhibit C — Insurance
Requirements.
13. INTERNAL CONTROL AND ACCOUNTING SYSTEM
Grant Recipient shall establish and maintain a system of accounting and internal controls
sufficient to comply, and demonstrate compliance, with all financial, reporting, record
keeping and other requirements under this Agreement.
14. MAINTENANCE OF RECORDS
14.1 Grant Recipient shall establish and maintain a system of accounting and internal
controls sufficient to comply, and demonstrate compliance, with all financial, reporting,
record keeping and other requirements under this Agreement. Grant Recipient shall
maintain accounts and records, including personnel, property, financial, Project records,
and Agreement deliverables, to ensure proper accounting for all Grant Award Funds and
compliance with this Agreement.
14.2 These records shall be maintained for six (6) years after the expiration or earlier
termination of this Agreement.
15. RIGHT TO INSPECT
The City reserves the right to review and approve the performance of Grant Recipient with
regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant Recipient's
records regarding this Agreement and the Project upon seventy-two (72) hours' notice
during normal business hours.
16. COMPLIANCE WITH ALL LAWS AND REGULATIONS
Grant Recipient shall comply with all applicable laws, ordinances and regulations in using
funds provided by the City and in completing the Project, including, without limitation,
those relating to providing programming on a nondiscriminatory basis, providing a safe
working environment to employees and, specifically, the requirements of the Washington
Industrial Safety and Health Act (WISHA). The Grant Recipient specifically agrees to
comply and pay all costs associated with achieving such compliance without notice from
the City; and further agrees that the City does not waive this Section by giving notice of
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demand for compliance in any instance. The Grant Recipient shall indemnify and defend
the City should it be sued or made the subject of an administrative investigation or hearing
for a violation of such laws related to this Agreement.
17. CORRECTIVE ACTION
17.1 If the City determines that a breach of contract has occurred or does not approve of the
Grant Recipient's performance, it will give the Grant Recipient written notification of
unacceptable performance. Grant Recipient will then take corrective action within a
reasonable period of time, as may be defined by the City in its sole discretion in its
written notification to Grant Recipient.
17.2 The City may withhold any payment owed Grant Recipient until the City is satisfied
that corrective action has been taken or completed.
18. TERMINATION
18.1 If the termination results from acts or omissions of Grant Recipient, including but not
limited to misappropriation, nonperformance of required services, or fiscal
mismanagement, Grant Recipient shall return to the City immediately any funds,
misappropriated or unexpended, which have been paid to Grant Recipient by the City.
18.2 Any City obligations under this Agreement beyond the current appropriation biennium
are conditioned upon the City Council's appropriation of sufficient funds to support
such obligations. If the Council does not approve such appropriation, then this
Agreement will terminate automatically at the close of the current budget period.
18.3 The Agreement will be terminated if the Grant Recipient is unable or unwilling to
expend the Grant Award Funds as specified in Section 1 and Exhibits A and B, or upon
reimbursement by the Grant Recipient to the City of all unexpended proceeds provided
by the City pursuant to this Agreement and payment of all amounts due pursuant to
Section 6.
19. FUTURE SUPPORT, UTILITIES AND SERVICE
The City makes no commitment to support the Project contracted for herein and assumes
no obligation for future support of the Project contracted for herein except as expressly set
forth in this Agreement. Grant Recipient understands, acknowledges, and agrees that the
City shall not be liable to pay for or to provide any utilities or services in connection with
the Project contemplated herein.
20. HOLD HARMLESS AND INDEMNIFICATION
Grant Recipient shall, at its sole expense, defend, indemnify, and hold harmless City and
its officers, agents, and employees, from any and all claims, actions, suits, liability, loss,
costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature
whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions
in the services provided by Grant Recipient, its agents, subcontractors, subconsultants, and
employees to the fullest extent permitted by law, subject only to the limitations provided
below.
However, should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
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persons or damages to property caused by or resulting from the concurrent negligence of
Grant Recipient and the City, its officers, officials, employees, and volunteers, Grant
Recipient's liability, including the duty and cost to defend, hereunder shall be only to the
extent of Grant Recipient's negligence. It is further specifically and expressly understood
that the indemnification provided herein constitutes Grant Recipient's waiver of immunity
under Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification.
This waiver has been mutually negotiated by the parties. The provisions of this section
shall survive the expiration or termination of this Agreement. Grant Recipient's duties
and City's remedies under this Section 21 will survive the expiration or earlier
termination of this Agreement.
Grant Recipient shall include the two paragraphs above in any contracts with Contractor(s)
for the Project, indemnifying and holding harmless the City, substituting references to
Grant Recipient with references to Contractor(s).
21. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement, there shall be
no discrimination against any employee or applicant for employment because of sex, race,
color, marital status, national origin, religious affiliation, disability, sexual orientation,
gender identity or expression or age except minimum age and retirement provisions, unless
based upon a bona fide occupational qualification.
22. CONFLICT OF INTEREST
Grant Recipient shall take appropriate steps to ensure that neither the Grant Recipient nor
any Grant Recipient staff is placed in a position where, in the reasonable opinion of the
City, there is or may be an actual conflict, or a potential conflict, between the pecuniary or
personal interests of the Grant Recipient and the duties owed to the City under the
provisions of the Agreement. Grant Recipient will notify the City without delay giving full
particulars of any such conflict of interest which may arise.
23. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services provided directly or indirectly under this
Agreement shall be used for any partisan political activity or to further the election or defeat
of any candidate for public office.
24. PROJECT MAINTENANCE, EQUIPMENT PURCHASE, MAINTENANCE, AND
OWNERSHIP
A. As between the City and Grant Recipient, Grant Recipient shall be responsible to provide
the Project programs at its own sole expense and risk. Grant Recipient shall maintain the
any Project Facility in good working condition consistent with applicable standards and
guidelines. Grant Recipient understands, acknowledges, and agrees that the City is not
responsible to operate or to maintain any Project Facility in any way.
B. Grant Recipient shall be responsible for all property purchased pursuant to this
Agreement, including the proper care and maintenance of any equipment.
C. Grant Recipient shall establish and maintain inventory records and transaction
documents (purchase requisitions, packing slips, invoices, receipts) of equipment and
materials purchased with Grant Award Funds. Grant Recipient's duties under this
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Section shall survive the expiration of this Agreement and remain in effect for the
period set forth in Section 14.
25. ASSIGNMENT
Grant Recipient shall not assign any portion of rights and obligations under this Agreement
or transfer or assign any claim arising pursuant to this Agreement without the written
consent of the City. Grant Recipient must seek such consent in writing not less than fifteen
(15) days prior to the date of any proposed assignment.
26. WAIVER OF BREACH OR DEFAULT
Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver of
any subsequent breach and shall not be construed to be a modification of the terms of the
Agreement unless stated to be such through written approval by the City, which shall be
attached to the original Agreement. Waiver of any default shall not be deemed to be a
waiver of any subsequent defaults.
27. TAXES
Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its
activities and property, including, without limitation, any leasehold excise tax due under
RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify
the right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be
deemed to be in default as long as it will, in good faith, be contesting the validity or amount
of any such taxes.
28. WASHINGTON LAW CONTROLLING, WHERE ACTIONS BROUGHT
This Agreement is entered into in Spokane County, Washington. Disputes between City
and Grant Recipient shall be resolved in the Superior Court of the State of Washington in
Spokane County. Notwithstanding the foregoing, Grant Recipient agrees that it may, at
City's request, be joined as a party in any arbitration proceeding between City and any
third parry that includes a claim or claims that arise out of, or that are related to Grant
Recipient's services or other actions under this Agreement. Grant Recipient further agrees
that the Arbitrator(s)' decision therein shall be final and binding on Grant Recipient and
that judgment may be entered upon it in any court having jurisdiction thereof. The
prevailing parry in any litigation or arbitration arising out of this Agreement shall be
entitled to its attorney's fees and costs of such litigation (including expert witness fees).
29. PUBLIC DOCUMENT
This Agreement will be considered a public document and will be available for inspection
and copying by the public.
30. LEGAL RELATIONS
Nothing contained herein will make, or be deemed to make, City and Grant Recipient a
partner of one another, and this Agreement will not be construed as creating a partnership
or joint venture. Nothing in this Agreement will create, or be deemed to create, any right,
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duty or obligation in any person or entity not a parry to it. It is understood and agreed that
Grant Recipient shall be an independent contractor and not the agent or employee of City,
that City is interested in only the results to be achieved, and that the right to control the
particular manner, method, scope, and means in which the services are performed is solely
within the sole and absolute discretion of Grant Recipient. Any and all Grant Recipient
employees who provide services to City under this Agreement shall be deemed employees
solely of Grant Recipient. Grant Recipient shall be solely responsible for the conduct and
actions of all its employees under this Agreement and any liability that may attach thereto.
31. PERMITS AND LICENSES
Grant Recipient shall complete the Project in accordance with all applicable laws and
regulatory requirements including environmental considerations, permitting
determinations, and other legal requirements. All activities shall be performed by Grant
Recipient at its sole expense and liability. Grant Recipient shall, at its sole cost and
expense, apply for, obtain and comply with all necessary permits, licenses and approvals
required for the Project.
32. INTERPRETATION OF CITY RULES AND REGULATIONS
If there is any question regarding the interpretation of any City rule or regulation, the City
decision will govern and will be binding upon the Grant Recipient.
33. PUBLIC RECORDS. The Parties agree that all records of Grant Recipient prepared
pursuant to this Agreement, and which are owned, used, or retained by the City, are public
records under the Public Records Act (chapter 42.56 RCW) and may be subject to
disclosure unless a statutory exemption applies. The City agrees not to intentionally waive
any statutory exemptions from disclosure available for such records under the Public
Records Act. The City shall, if possible, notify Grant Recipient before any disclosure, and
provide Grant Recipient an opportunity to intervene through judicial process to resist
release of such records. The City agrees not to object to Grant Recipient intervention in
any judicial proceeding in which Grant Recipient resists release of the records. The City
shall have no duty to resist release of any public records created pursuant to this Agreement,
except to provide notice to Grant Recipient of the request for and disclosure of such records
as previously described. All annual reports and other related documents identified in this
Agreement prepared by Grant Recipient pursuant to this Agreement and provided to the
City are and shall be the property of City and may be subject to disclosure pursuant to
chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped,
photographic, or visual documents prepared by Grant Recipient pursuant to this Agreement
and provided to the City shall, unless otherwise provided, be deemed the property of City.
City shall be permitted to retain these documents, including reproducible camera-ready
originals of reports, reproduction quality mylars of maps, and copies in the form of
computer files, for the City's use. City shall have unrestricted authority to publish,
disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings,
images, or other material prepared pursuant to this Agreement for the City, provided that
Grant Recipient shall have no liability for the use of Grant Recipient's work product
outside of the scope of its intended purpose.
Grant Recipient may, from time -to -time, receive information which is deemed by City to
be confidential. Grant Recipient shall not disclose such information without the prior
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express written consent of City or upon order of a court of competent jurisdiction.
34. BUSINESS REGISTRATION
Grant Recipient shall register with the City as a business prior to commencement of work
under this Agreement if it has not already done so.
35. ENTIRE AGREEMENT
This Agreement, including its attachments, constitutes the entire Agreement between the
City and Grant Recipient. It supersedes all other agreements and understandings between
them, whether written, oral or otherwise. By signing below, the signatories certify that they
are authorized to contract and bind the respective parties.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date
written.
The City of Spokane Valley Family Promise of Spokane
Title
Date
an
Title
Date
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Exhibit A - Scope of Work
I. INTRODUCTION
According to data provided by Grant Recipient, in the 2021-2022 school year, 584 people
experienced homelessness in the three Spokane Valley school districts, and as of January 2023,
the districts reported an increase to 647 homeless students. Children who experience homelessness
are three times more likely to drop out of school, five times more likely to be victims of sexual
violence and seven times more likely to attempt suicide than their housed counterparts.
II. OBJECTIVES
The Project funded with this Grant Award is intended to reduce the number of Spokane Valley
school district students exposed to homelessness and the average length of homelessness.
III. PROJECT DESCRIPTION
Grant Recipient will provide the following Project services:
Prevention: FLASH prioritizes preventing homelessness from occurring in the first place by
utilizing the following upstream resources.
• School -Based Housing Case Management: Working closely with the HEART
McKinney-Vento liaisons for Central and East Valley School Districts, Grant Recipient's
in -reach case managers will operate out of University and East Valley High Schools to
provide housing -focused case management for housing -insecure students and their
immediate families. Case Managers will work closely with Volunteers of America (VOA)
to assist unaccompanied youth. If this pilot proves effective, this model can readily spread
to other schools within the community.
• Landlord Relationship Coordinator: Grant Recipient will provide landlord relationship
coordination by building a network of relationships and agreements with Spokane Valley
landlords in order to rapidly rehouse homeless families and resolve tenant/landlord issues
to ensure continued stable housing for families.
• Direct Client Assistance: Grant Recipient provides direct client assistance, allowing Case
Managers to address barriers to housing including paying for identification cards, birth
certificates, rental and utility assistance, deposits and move -in costs, employment uniforms
and equipment, employment certification costs, etc.
• Rental and Utility Assistance: Grant Recipient provides direct client assistance, to
landlords or utility companies to stabilize housing by preventing evictions and utility
shutoffs.
• Diversion: Grant Recipient provides asset -based focused conversations by trained staff to
identify tools and resources that a family may have that could help prevent them from
entering the homeless shelter system.
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• Diversion+: Grant Recipient provides focused conversations combined with financial
support to prevent families from accessing the homeless shelter system. Diversion+ covers
costs that impact a family's ability to retain housing. Example expenses include obtaining
identification, job certifications or equipment, transportation costs, and other costs to
overcome barriers.
Grant Recipient is participating in a national research study with Notre Dame University's
Lab for Economic Opportunities to assess the effectiveness of Diversion+ interventions in
preventing homelessness. As part of the study, up to half of the City of Spokane Valley's
funds used on Diversion+ may be matched by a grant from the Pulte Foundation, passed
through the University of Notre Dame's Lab for Economic Opportunity.
• Stabilization Case Management: Grant Recipient provides stabilization case
management focusing on helping families in housing build the education, skills, and
relationship networks needed to maintain stable housing.
Provision of Emergency Housing: Should preventative measures be unable to stabilize a family
in housing, Grant Recipient will provide access to emergency housing in the following ways:
• Valley House: Valley House will serve as a hub for Spokane Valley programming, offering
between three (3) and five (5) rooms, which will be available for families seeking
emergency housing. Within the first 72 hours, the Landlord Relationship Coordinator and
Case Managers will rapidly work to rehouse the family by contacting the network of
landlords, identifying available housing options, and assisting with paperwork, move -in
costs, and up to one year of pre -paid rent. Landlord payments may be applied to mitigate
housing barriers as necessary. A portion of funds will be used to make Capital
Improvements, including adding a paved area to the property, to ensure guests receive
dignified, safe emergency shelter and supportive services while in the program.
• Family Promise Center: If a family is not successfully housed within 72 hours from
Valley House, Grant Recipient will invite them to transition to the Family Promise Center
(2002 E Mission Avenue, Spokane, WA 99202) to access our Emergency Family Shelter.
This site meets the basic needs of over 200 families per year. The site also offers access to
Grant Recipient's Housing -First case management model, which was responsible for
housing nearly 42% of all people experiencing homelessness in Spokane County in 2022.
IV. CONSIDERATION/PUBLIC BENEFIT
Support City residents in need by providing homeless prevention and transitional housing services
identified above.
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Category
Salaries and Benefits
Amt
449,230
Telephone / Internet
41200
Program Supplies (inicl. food)
8,100
Direct Client Assistance
613,777
Repairs & Maintenance
1,500
Transportation
1,952
START-UP
12,500
Other
100
Total Program Operations
$ 1,102,424
GRANT TOTAL
$ 1,153,789
Other Funding:
Total Request $1,095,164
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Exhibit C- Timeline, Milestones & Performance Metrics
L PROPOSED TIMELINE
July 1 —Sept. 30, 2023: Grant Period Begins
Grant Recipient Secures Property, Makes Necessary Program Adjustments
• Security Lighting, Cameras, Child -Proof Locks, etc.
• Install or Replace Equipment (i.e., laundry machines)
• Make necessary repairs to the property to protect the family's
safety.
• Purchase essential furnishings.
Grant Recipient trains the Valley House Manager, Supervisors, Landlord &
Community Relationship Coordinators, Grant Writer, and Case Management
staff.
Grant Recipient Case Managers meet with Spokane Valley agencies that serve
children and families to discuss the Valley FLASH program and the service
referral process.
October 1, 2023 Valley FLASH is fully operational and accepting referrals.
Grant Recipient's Finance Manager will submit monthly reimbursement
requests to the City's Finance department as outlined in Section 6 of this
agreement, and provide other financials as requested.
Grant Recipient's Data Specialist ensures CMIS is set up to track project
performance measures. They will submit monthly impact reports to the City
Manager or designee as outlined in Exhibit C 11, Milestones/Performance
Metrics.
Grant Recipient's Outreach & Recruitment Team executes the Fundraising Plan
set by the Outreach & Recruitment Director.
The School -Based Housing Case Manager is on -site working with students
and families experiencing homelessness at University and East Valley High
Schools.
January 1, 2024 Valley FLASH Program Operations Continue
Grant Recipient's Outreach & Recruitment Team will continue cultivating
relationships with local businesses, congregations, and other communities to
build financial and in -kind relationships to sustain program operations.
April 1, 2024 Valley FLASH Program Operations Continue
Grant Recipient Performs Program Evaluation to Determine the Next Steps
• Did the program meet the performance measures?
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• Did the program meet the intended end objective?
o Determine FY24 Plan & Budget for Valley House based on
outcomes.
December 31, 2024 Grant Period Ends
Grant Recipient's continues to best serve Spokane Valley families and the larger
community so that they are equipped to end the cycle of family
homelessness.
Pending the success of the program and fundraising plan, Grant Recipient
intends to continue this program into the future to use it as a model for other
Spokane County locations and service providers.
II. MILESTONES/PERFORMANCE METRICS
Grant Recipient will measure the following information and provide this information to the City
on a monthly basis by the 15th day of the following month until expiration of this Agreement:
1) The number of Spokane Valley families that connect with Grant Recipient about its
services.
a) The number of Diversion Assessments conducted.
b) The number of households that received direct client assistance to prevent or
divert homelessness. The average amount of direct client assistance per
household.
2) The number of families that enter the Valley House.
a) The percentage of families rehoused in permanent housing in Spokane Valley
within 72 hours of intake.
b) The percentage of families that (do not) transition to the FPC.
c) The number and percentage of Spokane Valley families rehoused through the
program.
3) The average number of days between referral for services and securing permanent housing.
4) The percentage of families who relocate to Spokane Valley and remain stably housed after
exiting Valley House or FPC.
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Exhibit D- Insurance Requirements
Grant Recipient shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by Grant Recipient, its agents, representatives, employees,
or subcontractors.
A. Minimum Scope of Insurance. Grant Recipient's required insurance shall be of the
types and coverages as stated below:
i. Automobile liability insurance covering all owned, non -owned, hired, and leased
vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO)
form CA 00 01.
ii. Commercial general liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop -gap independent contractors and personal injury, and advertising
injury. City shall be named as an additional insured under Grant Recipient's
commercial general liability insurance policy with respect to the work performed
for the City using an additional insured endorsement at least as broad as ISO CG
2026.
iii. Workers' compensation coverage as required by the industrial insurance laws
of the State of Washington.
iv. Professional liability insurance appropriate to Grant Recipient's profession.
B. Minimum Amounts of Insurance. Grant Recipient shall maintain the following
insurance limits:
i. Automobile liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
ii. Commercial general liability insurance shall be written with limits no less than
$2,000,000 each occurrence, and $2,000,000 general aggregate.
iii. Professional liability insurance shall be written with limits no less than
$2,000,000 per claim and $2,000,000 policy aggregate limit.
C. Other Insurance Provisions. Grant Recipient's policies are to contain, or be endorsed to
contain, the following provisions for automobile liability and commercial general liability
insurance:
i. Grant Recipient's insurance coverage shall be primary insurance with respect to
the City. Any insurance, self-insurance, or self -insured pool coverage maintained
by City shall be in excess of Grant Recipient's insurance and shall not contribute
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with it.
ii. Grant Recipient shall provide City and all additional insured for this work with
written notice of any policy cancellation within two business days of their receipt
of such notice.
iii. If Grant Recipient maintains higher insurance limits than the minimums shown
above, City shall be insured for the full available limits of commercial general and
excess or umbrella liability maintained by Grant Recipient, irrespective of whether
such limits maintained by Grant Recipient are greater than those required by this
Agreement or whether any certificate of insurance furnished to the City evidences
limits of liability lower than those maintained by Grant Recipient.
iv. Failure on the part of Grant Recipient to maintain the insurance as required shall
constitute a material breach of the Agreement, upon which the City may, after
giving at least five business days' notice to Grant Recipient to correct the breach,
immediately terminate the Agreement, or at its sole discretion, procure or renew
such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to City on demand, or at the sole discretion of the
City, offset against funds due Grant Recipient from the City.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than AXII.
E. Evidence of Coverage. As evidence of the insurance coverages required by this
Agreement, Grant Recipient shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Agreement before
commencement of the work.
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EXHIBIT E
PREVAILING WAGE CERTIFICATION
The GRANT RECIPIENT, by its signature, certifies that all contractors and
subcontractors performing work on the Project shall comply with prevailing wage laws
set forth in Chapter 39.12 RCW, as applicable to the Project funded by this Agreement,
including but not limited to the filing of the "Statement of Intent to Pay Prevailing
Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The GRANT
RECIPIENT shall maintain records sufficient to evidence compliance with Chapter 39.12
RCW, and shall make such records available for the City of Spokane Valley's review
upon request.
The following information is provided pursuant to RCW 39.12.030:
A. State of Washington prevailing wage rates applicable to this public works project,
published by L&I, are located at the L&I website address:
https:Hlni .wa. gov/licensing-permits/public-works-proj e�/prevailing-wage-rates/
B. This Project is located in Spokane County.
C. The effective prevailing wage date is the same date as the bid due date as referenced in
the original request for bids and as may be revised by addenda.
For any funds are used by the GRANT RECIPIENT for the purpose of construction,
applicable State Prevailing Wages must be paid.
The GRANT RECIPIENT, by its signature, certifies that the declaration set forth
above has been reviewed and approved by the GRANT RECIPIENT's governing body as
of the date and year written below.
DATE:
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 8, 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: Volunteers of America (VOA) Crosswalk 2.0 Teen
Shelter Grant Agreement
GOVERNING LEGISLATION: 42 U.S.C. § 803; 31 C.F.R. Part 35.
PREVIOUS COUNCIL ACTION TAKEN: Numerous City Council meetings from July 2021 through
May, 2023 with regard to the American Rescue Plan Act (ARPA) and the funding awarded to the City. On
April 11, 2023, Council heard presentations from those submitting proposals to the affordable housing and
homeless services RFP. On May 16, 2023, Council gave consensus to allocate $3,998,535 in funding to
support affordable housing and homelessness efforts. Volunteers of America (VOA) was awarded a grant
in the amount of $500,000 to aid in the construction of its new facility to provide emergency shelter for
youth and support youth with stabilizing and supportive services with the goal of ending homelessness.
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").
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 that the ARPA funds received may be used for any governmental service to
replace lost revenue. The City has primarily used these funds towards its ongoing law enforcement contract
costs. As a result of replacing that money, 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.
On May 16, 2023, Council approved an allocation of $500,000 to VOA to aid in the construction of its
Crosswalk 2.0 Teen Shelter. Crosswalk is an expanded service model that includes an emergency shelter
for youth aged 16-20. With the facility's close proximity to Spokane Community College, Crosswalk 2.0
will also include college dorms for the youth who are engaged in Spokane Community College's career
readiness degree and running start programs. On -site programming will continue to support the youth
with stabilizing services including case managers, teachers, health care workers, and counselors. The
program will serve a fundamental government purpose by providing community benefits in support of the
poor or infirm.
The grant funding represents approximately 3% of the overall project budget and will continue to serve
12% or more of Spokane Valley youth.
Staff have negotiated a grant agreement with Volunteers of America. The grant agreement awards money
to VOA, outlines the project scope and timeline, and provides for quarterly reporting of those served and
program performance metrics. The term of this agreement ensures that the City grant funding will
continue to be used to serve the community over the life of the facility.
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OPTIONS: Move to approve the Grant Agreement with Volunteers of America for a $500,000 award and
authorize the City Manager or designee to finalize and execute the agreement in substantially the form
presented and to carry out the terms of the agreement once executed; or take other action deemed
appropriate.
RECOMMENDED ACTION OR MOTION: Move to approve the Grant Agreement with Volunteers of
America for a $500,000 award and authorize the City Manager or designee to finalize and execute the
agreement in substantially the form presented and to carry out the terms of the agreement once executed.
BUDGET/FINANCIAL IMPACTS: Approximately $16 million added to budget for eligible expenses.
This award will reduce the City's available general funds provided through the revenue replacement process
of the American Rescue Plan by $500,000.
STAFF CONTACT: Sarah Farr, Accountant/Budget Analyst
ATTACHMENTS: Draft Grant Agreement with Volunteers of America
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23-140.00
Grant Recipient:
Project:
CITY OF SPOKANE VALLEY
CAPITAL PROJECT GRANT AGREEMENT
Volunteers of America of Eastern Washington and Northern Idaho
Crosswalk 2.0 Teen Shelter
Award Amount: $500,000
Term Period: Effective Date
Project#:
Project
Number Contract#: 23-140.00
To December 31, 2030
THIS AGREEMENT is a grant agreement entered into between Volunteers of America of Eastern
Washington and Northern Idaho, a Washington nonprofit corporation (the "Grant Recipient") and
the City of Spokane Valley, a municipal corporation of the State of Washington (the "City")
(collectively the "Parties") for the purpose of providing an emergency shelter serving runaway and
homeless youth as described herein.
RECITALS
A. The City's draft Homelessness Action Plan dated May 30, 2023, notes that homelessness
is one of the most challenging social issues facing the City. The action plan to prevent and
reduce homelessness in the community sets forth three primary objectives: preventing
homelessness from occurring where possible, reducing current levels of homelessness, and
improving the quality of life of residents, including those experiencing homelessness. City
homelessness programs align with a fundamental purpose of the City to provide aid to the
poor and infirm and to provide affordable housing within the community.
B. Pursuant to RCW 35.21.6851, the City is authorized to assist in the development or
preservation of publicly or privately owned housing for persons of low income by
providing loans or grants of general municipal funds to the owners or developers of the
housing, to finance all or a portion of the cost of construction, reconstruction, acquisition,
or rehabilitation of housing that will be occupied by a person or family with income that
does not exceed 80% percent of the area median income.
C. Established in 1985 and operating continuously since then, Grant Recipient's Crosswalk
teen shelter is one of two licensed emergency shelters serving runaway and homeless youth
in Eastern Washington. Crosswalk provides emergency shelter for youth and supports
youth with services of professional case managers, teachers, health care workers, and
chemical dependency counselors, connecting youth to stabilizing and supportive services
with the goal of ending homelessness.
D. Crosswalk programming and services include family reconciliation services, clothing,
showers and personal hygiene products, three meals a day, employment -readiness program
and job -placement assistance, computer lab, independent living training including life-
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skills, medical advocacy, GED tutoring with onsite testing, college preparation, behavioral
health counseling, recreational activities, donor -funded college scholarship opportunities,
transportation and access to Grant Recipient's transitional housing program.
E. In 2022, Grant Recipient provided 29,341 youth with gateway services, reunited 44% with
family and successfully housed 6 1 % of shelter participants.
F. Grant Recipient has purchased land two blocks from Spokane Community College to build
Crosswalk 2.0, an expanded service model that includes the original Crosswalk shelter and
wrap around services on the first floor and "college dorms" for youth aged 16-20 who are
engaged in Spokane Community College's career readiness degree programs and running
start programs. By building Crosswalk 2.0 next door to Spokane Community College and
creating career pathways, youth can complete and move into livable wage jobs, consistent
with a prevention strategy to avoid adult homelessness.
G. As detailed in the Scope of Work, the Project serves a fundamental governmental purpose,
is a City purpose for which the City is receiving consideration in the form of community
benefits, and is a City purpose in support of the poor or infirm, as provided in the State
constitution.
NOW THEREFORE, in consideration of the promises, covenants, and other provisions set forth
in this Agreement, the Parties agree as follows:
GRANT AWARD TERMS AND CONDITIONS
DEFINITIONS
1.1 Proj ect.
The term "Project" means the design, development and construction of the Crosswalk 2.0,
the Facility described in Exhibit A. Grant Award Funds available pursuant to this
Agreement may only be used for the Project. To complete the Project, Grant Recipient
shall use the Grant Award Funds to design, develop, and construct the Facility, consistent
with the requirements set forth in this Agreement and in the following attached exhibits,
which are incorporated herein by reference:
❑
Map of Facility and Location
Attached as Exhibit A
❑
Scope of Work
Attached as Exhibit B
❑
Project Budget
Attached as Exhibit C
❑
Timeline, Milestones, & Performance Metrics
Attached as Exhibit D
❑
Insurance Requirements
Attached as Exhibit E
❑
Restrictive Covenant Agreement
Attached as Exhibit F
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Prevailing Wage Certification Attached as Exhibit G
1.2 Map of Facility and Location. This Agreement applies to the Project to design,
develop and construct the facility ("Facility") which is located at:
3024 Mission Ave, Spokane, WA 99202
See Exhibit A for a depiction of the Facility and a map of specific Facility location and
boundaries.
1.3 Administrator. The City Manager or designee shall administer and be the primary
contact for Grant Recipient throughout the term of this Agreement.
1.4 Scope of Work. Grant Recipient shall provide a scope of work ("Scope of Work"),
attached hereto as Exhibit B, which describes the Project purpose and community
benefits in detail and includes a description of the various design, development,
permitting, and construction milestones required for completion of the Project and
intended use of the Grant Award Funds. Grant Recipient shall apply the funds
received from the City for the Project under this Agreement in accordance with the
Scope of Work, attached hereto as Exhibit B.
1.5 Project Budget. Grant Recipient shall work with the City to develop a final Project
Budget, to be attached hereto as Exhibit C.
2. EFFECTIVE DATE
The Agreement shall be effective upon signature by both Parties ("Effective Date")
3. TERM
The term ("Term") of this Agreement shall begin on the Effective Date and end on
December 31, 2030. This Agreement shall remain in effect until such time as it is amended
in writing or terminated as provided herein.
4. AMENDMENTS
This Agreement together with the attached exhibits is the whole Agreement between the
Parties. This Agreement may be amended only in writing, duly executed by the Parties.
5. NOTICES
Unless otherwise specified in the Agreement, all notices or documentation required or
provided pursuant to this Agreement shall be in electronic form and shall be deemed duly
given when received at the addresses below via electronic mail.
THE CITY OF SPOKANE
VALLEY
Volunteers of America of Eastern
Washington and Northern Idaho
City Clerk
Fawn Schott, /President/CEO
10210 East Sprague Avenue
525 West Second Ave
Spokane Valley, WA 99206
Spokane, WA 99201-4301
509 720-5000
509-624-2379
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m atterson s okanevalle wa. ov «Afschott voas okane.or
Either Parry may, at any time, by giving ten (10) days written notice to the other Parry to
designate any other notice address.
6. DISBURSEMENT OF GRANT FUNDS
6.1 The City may authorize, at the City's sole discretion, reimbursement of Project -
related costs incurred on or after May 16, 2023 (the date the City Council
approved the Award Amount).
6.2 The City Finance Department will provide instructions outlining the process for
submitting electronic reimbursement requests within 14 days of execution of this
Agreement. The City shall initiate authorization for payment and disbursement of
Grant Award Funds after approval of sufficiently detailed Project -related invoices,
proof of payment, and related documentation submitted by Grant Recipient to the
City Finance Department ataccountspayable@spokanevalleywa.gov. The City will
reimburse amounts determined by the City Manager or designee to be for the
purposes of this Agreement. The City reserves the right to withhold payment under
this Agreement for that portion of the work (if any) which is determined in the
reasonable judgment of the City Manager or designee to be noncompliant with the
purposes of this Agreement, City standards, City Code, and federal or state law.
The City shall make payment to Grant Recipient not more than thirty (30) days after
a complete and accurate invoice and any other required documentation is received
and approved.
6.3 Grant Recipient shall submit the final invoice, supporting documentation and any
outstanding deliverables, as specified in the Scope of Work (Exhibit B) and Project
Budget (Exhibit C), within thirty (30) days of the date this Agreement expires or
is terminated. If the Grant Recipient's final invoice, supporting documentation and
reports are not submitted by that day, the City will be relieved of all liability for
payment to Grant Recipient of that invoice or any subsequent invoice.
7. GRANT REPORTING
All Grant Award Funds received pursuant to this Agreement must be accounted for
separately from all other Grant Recipient accounts and moneys. Until the Project is
completed, and all proceeds provided pursuant to this Agreement have been expended, the
Grant Recipient shall provide reports to the City Manager or designee on a schedule
determined by the City.
8. COMPLETION OF THE PROJECT
Grant Recipient shall complete the Project described in Section 1.1 and Exhibits A, B and
C of this Agreement. If Grant Recipient cannot complete the Project as described, the City
shall be released from any obligation to fund the Project, and the City in its sole discretion
may reallocate such funds for other projects.
Pursuant to Section 19, Termination, this Agreement will be terminated if the Grant
Recipient is unable or unwilling to expend the Grant Award Funds for the Project as
provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds for
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a purpose other than completion of the Project as described in the Scope of Work in at
Exhibit B.
9. COMMUNICATION AND THE CITY OF SPOKANE VALLEY MILESTONE
NOTIFICATION
Grant Recipient shall recognize City as a "funder" for the Project in the following manner:
9.1 Events: Grant Recipient shall invite and recognize "The City of Spokane Valley"
at all events promoting the Project, and at the final Facility dedication.
9.2 Community Relations: Grant Recipient shall recognize "The City of Spokane
Valley" and the City as a "funder" in all social media, websites, brochures, banners,
posters, press releases, and other promotional material related to the Project.
9.3 The City of Spokane Valley Notification: Grant Recipient shall notify the City
Manager or designee 30 days prior to any major milestone, such as a
groundbreaking or opening dates for the Facility.
9.4 Signage: Grant Recipient shall recognize "The City of Spokane Valley" on any
signage as "funder" of the Project/Facility. Grant Recipient is required obtain
approval from the City Manager or designee to use the City logo on any signage
and communications. If approved, the appropriate City logo will be provided by
the City.
10. DISPOSITION OF REMAINING GRANT AWARD FUNDS
Any Grant Award proceeds in excess of those required to be provided by the City for the
actual costs of the Project shall remain with the City for use in its sole discretion.
11. PUBLIC ACCESS, PUBLIC PURPOSES
The Grant Award is provided to Grant Recipient for the Project for the purpose of providing
a licensed emergency shelter serving runaway and homeless youth. Therefore, Grant
Recipient and any successor in interest agree to maintain the Facility for this public use as
set forth in Restrictive Covenant Agreement set forth at Exhibit F. The Facility shall be
open and accessible to the public at reasonable hours and times. Grant Recipient shall
notify the public of the availability of use by posting and updating that information on its
website and by maintaining at entrances and/or other locations openly visible signs with
such information. Fees for use of the Facility shall be no greater than those generally
charged by public operators of similar facilities in the City.
The Grant Award will not be used to pay costs of any facility, place or building to be used
primarily for sectarian instruction or study or as a place for devotional activities or religious
worship. If the Grant Award is used to pay costs of a mixed -use facility that is used in part
for sectarian instruction or study or as a place for devotional activities or religious worship,
the Grant Award shall be applied to, and shall not exceed, the portion of the costs that can
be allocated to other activities, such as community center activities. These restrictions
apply to all grantees, not just faith -based organizations. If the Grant Award is used to pay
costs of a mixed -use facility that includes both community or public uses and private
commercial uses, the Grant Award shall be applied to, and shall not exceed, the portion of
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the costs that can be allocated to community and other public uses, such as emergency
shelter activities.
Notwithstanding temporary closure for required maintenance or repairs, the minimum
period of time Grant Recipient must ensure the Project is available for its public purpose
is for twenty (20) years from Facility completion. If the Facility is retired or otherwise
removed from use before the end of the 20-year period, then in addition to pursuing any
remedies under the executed and recorded Restrictive Covenant Agreement attached hereto
as Exhibit F, the City may require the Grant Recipient to reimburse the City for the Grant
Award Funds plus 12% interest from the date of the Grant Award calculated based on the
City's cost of funds. This right of recoupment is in addition to all other remedies available
under law and equity. Grant Recipient's duties and City's remedies under this Section
11, and the Restrictive Covenant will survive the expiration or earlier termination of
this Agreement.
12. COVENANTS
Within 30 days of occupancy after completion of construction of the Facility, Grant
Recipient shall record the executed Restrictive Covenant Agreement, substantially in the
form attached hereto as Exhibit F.
13. CONSTRUCTION OF THE FACILITY
13.1 Capital Improvements.
Grant Recipient shall design the Facility, features, and amenities in accordance with
all applicable design(s), timelines, restrictions, environmental considerations,
permitting determinations, neighborhood impact mitigations, and all other legal
requirements. All contracted work by Grant Recipient, its agents, representatives,
or subcontractors, shall be bonded and properly insured to ensure the complete and
safe design and construction of all facilities, features, and amenities. As between
Grant Recipient and the City, Grant Recipient will be solely responsible to comply
with all applicable authorities and to obtain all necessary permits, approvals, and
endorsements for the Project.
13.2 Warranties.
With respect to all warranties, express or implied, for work performed or materials
supplied in connection with the Project, Grant Recipient shall:
• Obtain all warranties, express or implied, that would be given in normal
commercial practice from suppliers, manufacturers, contractors or installers;
• Require all warranties be executed, in writing;
• Be responsible to enforce any warranty of a contractor, subcontractor,
manufacturer, or supplier.
If, within an applicable warranty period, any part of the Facility or work performed
to construct the Facility is found not to conform to specifications, permit
requirements, or industry standard, Grant Recipient shall correct it promptly.
13.3 Right to Inspect Construction.
City personnel or agents may inspect the Project work at any time provided that
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such persons observe due regard for workplace safety and security. Grant Recipient
specifically understands, acknowledges, and agrees that at a minimum, the City
may inspect the Facility construction project before final completion of the Facility.
13.4 Design.
Grant Recipient has retained a licensed architect and/or licensed professional
engineer, registered in the State of Washington, who will prepare a Project design
for the Facility and exterior landscaping, which visually blends with the setting.
13.5 Development and Construction Fees and Expenses.
Grant Recipient will be responsible to obtain and pay for all necessary permits, fees,
and expenses associated with the Project.
13.6 Public Works Laws.
The City is providing funds reimburse eligible costs up to a fixed Grant Award
amount. Grant Recipient (and not the City) is responsible for design, development
and construction of the Project and for all construction costs and risks, including all
construction cost overruns. In no event shall the City be responsible for any costs
associated with the construction of the Project. As owner of the property, Grant
Recipient bears all ownership risks and responsibilities.
The Grant Recipient certifies that all contractors and subcontractors performing
work on the Project shall be paid prevailing wages in compliance with state
Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the
Project funded by the Grant Award, and shall complete and submit Exhibit G. The
grant is made to finance all or a portion of the cost of construction, reconstruction,
acquisition, or rehabilitation of housing that will be occupied by a person or family
of low income (income that does not exceed eighty percent of the median area
income) and therefore is not considered a public work, provided that, pursuant to
RCW 35.21.685, whenever feasible the Grant Recipient shall make every
reasonable and practicable effort to utilize a competitive public bidding process.
Grant Recipient will indemnify and defend the City should it be sued or made the
subject of an administrative investigation or hearing for a violation of such laws,
regulations, and ordinances in connection with the improvements.
13.7 Minimum Scope and Limits of Insurance.
Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the
minimum scope and limits of insurance as required in Exhibit E — Insurance
Requirements.
14. INTERNAL CONTROL AND ACCOUNTING SYSTEM
Grant Recipient shall establish and maintain a system of accounting and internal controls
sufficient to comply, and demonstrate compliance, with all financial, reporting, record
keeping and other requirements under this Agreement.
15. MAINTENANCE OF RECORDS
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15.1 Grant Recipient shall maintain accounts and records, including personnel, property,
financial, Project records, and Agreement deliverables, to ensure proper accounting for all
Grant Award Funds and compliance with this Agreement
15.2 These records shall be maintained for six (6) years after the expiration or earlier
termination of this Agreement.
16. RIGHT TO INSPECT
The City reserves the right to review and approve the performance of Grant Recipient with
regard to this Agreement, and, at its sole discretion, to inspect or audit the Grant Recipient's
records regarding this Agreement and the Project upon seventy-two (72) hours' notice
during normal business hours.
17. COMPLIANCE WITH ALL LAWS AND REGULATIONS
Grant Recipient shall comply with all applicable laws, ordinances and regulations in using
funds provided by the City and in completing the Project and providing programming at
the Project, including, without limitation, those relating to providing programming on a
nondiscriminatory basis, providing a safe working environment to employees and,
specifically, the requirements of the Washington Industrial Safety and Health Act
(WISHA). The Grant Recipient specifically agrees to comply and pay all costs associated
with achieving such compliance without notice from the City; and further agrees that the
City does not waive this Section by giving notice of demand for compliance in any instance.
The Grant Recipient shall indemnify and defend the City should it be sued or made the
subject of an administrative investigation or hearing for a violation of such laws related to
this Agreement.
18. CORRECTIVE ACTION
18.1 If the City determines that a breach of contract has occurred or does not approve of the
Grant Recipient's performance, it will give the Grant Recipient written notification of
unacceptable performance. Grant Recipient will then take corrective action within a
reasonable period of time, as may be defined by the City in its sole discretion in its
written notification to Grant Recipient.
18.2 The City may withhold any payment owed Grant Recipient until the City is satisfied
that corrective action has been taken or completed.
19. TERMINATION
19.1 If the termination results from acts or omissions of Grant Recipient, including but not
limited to misappropriation, nonperformance of required services, or fiscal
mismanagement, Grant Recipient shall return to the City immediately any funds,
misappropriated or unexpended, which have been paid to Grant Recipient by the City.
19.2 Any City obligations under this Agreement beyond the current appropriation biennium
are conditioned upon the City Council's appropriation of sufficient funds to support
such obligations. If the Council does not approve such appropriation, then this
Agreement will terminate automatically at the close of the current budget period.
19.3 The Agreement will be terminated if the Grant Recipient is unable or unwilling to
expend the Grant Award Funds as specified in Section 1 and Exhibits B and C, or upon
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reimbursement by the Grant Recipient to the City of all unexpended proceeds provided
by the City pursuant to this Agreement and payment of all amounts due pursuant to
Section 6.
20. FUTURE SUPPORT, UTILITIES AND SERVICE
The City makes no commitment to support the Project or Facility contracted for herein and
assumes no obligation for future support of the Project or Facility contracted for herein
except as expressly set forth in this Agreement. Grant Recipient understands,
acknowledges, and agrees that the City shall not be liable to pay for or to provide any
utilities or services in connection with the Project or Facility contemplated herein.
21. HOLD HARMLESS AND INDEMNIFICATION
Grant Recipient shall, at its sole expense, defend, indemnify, and hold harmless City and
its officers, agents, and employees, from any and all claims, actions, suits, liability, loss,
costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature
whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions
in the services provided by Grant Recipient, its agents, subcontractors, subconsultants, and
employees to the fullest extent permitted by law, subject only to the limitations provided
below.
However, should a court of competent jurisdiction determine thatthis Agreement is subject
to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
Grant Recipient and the City, its officers, officials, employees, and volunteers, Grant
Recipient's liability, including the duty and cost to defend, hereunder shall be only to the
extent of Grant Recipient's negligence. It is further specifically and expressly understood
that the indemnification provided herein constitutes Grant Recipient's waiver of immunity
under Industrial Insurance, Title 51, RCW, solely for the purpose of this indemnification.
This waiver has been mutually negotiated by the parties. The provisions of this section
shall survive the expiration or termination of this Agreement. Grant Recipient's duties
and City's remedies under this Section 21 will survive the expiration or earlier
termination of this Agreement.
Grant Recipient shall include in the two paragraphs above in any contracts with
Contractor(s) for the Project, indemnifying and holding harmless the City, substituting
references to Grant Recipient with references to Contractor(s).
22. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement, there shall be
no discrimination against any employee or applicant for employment because of sex, race,
color, marital status, national origin, religious affiliation, disability, sexual orientation,
gender identity or expression or age except minimum age and retirement provisions, unless
based upon a bona fide occupational qualification.
23. CONFLICT OF INTEREST
Grant Recipient shall take appropriate steps to ensure that neither the Grant Recipient nor
any Grant Recipient staff is placed in a position where, in the reasonable opinion of the
City, there is or may be an actual conflict, or a potential conflict, between the pecuniary or
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personal interests of the Grant Recipient and the duties owed to the City under the
provisions of the Agreement. Grant Recipient will notify the City without delay giving full
particulars of any such conflict of interest which may arise.
24. POLITICAL ACTIVITY PROHIBITED
None of the funds, materials, property, or services provided directly or indirectly under this
Agreement shall be used for any partisan political activity or to further the election or defeat
of any candidate for public office.
25. PROJECT MAINTENANCE, EQUIPMENT PURCHASE, MAINTENANCE, AND
OWNERSHIP
A. As between the City and Grant Recipient, Grant Recipient shall be responsible to operate
and maintain the completed Facility at its own sole expense and risk. Grant Recipient
shall maintain the completed Facility in good working condition consistent with
applicable standards and guidelines. Grant Recipient understands, acknowledges, and
agrees that the City is not responsible to operate or to maintain the Facility in any way.
B. Grant Recipient shall be responsible for all property purchased pursuant to this
Agreement, including the proper care and maintenance of any equipment.
C. Grant Recipient shall establish and maintain inventory records and transaction
documents (purchase requisitions, packing slips, invoices, receipts) of equipment and
materials purchased with Grant Award Funds. Grant Recipient's duties under this
Section shall survive the expiration of this Agreement and remain in effect for the
period set forth in Section 15.
26. ASSIGNMENT
Grant Recipient shall not assign any portion of rights and obligations under this Agreement
or transfer or assign any claim arising pursuant to this Agreement without the written
consent of the City. Grant Recipient must seek such consent in writing not less than fifteen
(15) days prior to the date of any proposed assignment.
27. WAIVER OF BREACH OR DEFAULT
Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver of
any subsequent breach and shall not be construed to be a modification of the terms of the
Agreement unless stated to be such through written approval by the City, which shall be
attached to the original Agreement. Waiver of any default shall not be deemed to be a
waiver of any subsequent defaults.
28. TAXES
Grant Recipient agrees to pay on a current basis all taxes or assessments levied on its
activities and property, including, without limitation, any leasehold excise tax due under
RCW Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify
the right of the Grant Recipient to contest any such tax, and Grant Recipient shall not be
deemed to be in default as long as it will, in good faith, be contesting the validity or amount
of any such taxes.
29. WASHINGTON LAW CONTROLLING, WHERE ACTIONS BROUGHT
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This Agreement is entered into in Spokane County, Washington. Disputes between City
and Grant Recipient shall be resolved in the Superior Court of the State of Washington in
Spokane County. Notwithstanding the foregoing, Grant Recipient agrees that it may, at
City's request, be joined as a parry in any arbitration proceeding between City and any
third parry that includes a claim or claims that arise out of, or that are related to Grant
Recipient's services or other actions under this Agreement. Grant Recipient further agrees
that the Arbitrator(s)' decision therein shall be final and binding on Grant Recipient and
that judgment may be entered upon it in any court having jurisdiction thereof. The
prevailing parry in any litigation or arbitration arising out of this Agreement shall be
entitled to its attorney's fees and costs of such litigation (including expert witness fees).
30. PUBLIC DOCUMENT
This Agreement will be considered a public document and will be available for inspection
and copying by the public.
31. LEGAL RELATIONS
Nothing contained herein will make, or be deemed to make, City and Grant Recipient a
partner of one another, and this Agreement will not be construed as creating a partnership
or joint venture. Nothing in this Agreement will create, or be deemed to create, any right,
duty or obligation in any person or entity not a parry to it. It is understood and agreed that
Grant Recipient shall be an independent contractor and not the agent or employee of City,
that City is interested in only the results to be achieved, and that the right to control the
particular manner, method, scope, and means in which the services are performed is solely
within the sole and absolute discretion of Grant Recipient. Any and all Grant Recipient
employees who provide services to City under this Agreement shall be deemed employees
solely of Grant Recipient. Grant Recipient shall be solely responsible for the conduct and
actions of all its employees under this Agreement and any liability that may attach thereto.
32. PERMITS AND LICENSES
Grant Recipient shall complete the Project in accordance with all applicable laws and
regulatory requirements including environmental considerations, permitting
determinations, and other legal requirements. All activities shall be performed by Grant
Recipient at its sole expense and liability. Grant Recipient shall, at its sole cost and
expense, apply for, obtain and comply with all necessary permits, licenses and approvals
required for the Project.
33. INTERPRETATION OF CITY RULES AND REGULATIONS
If there is any question regarding the interpretation of any City rule or regulation, the City
decision will govern and will be binding upon the Grant Recipient.
34. PUBLIC RECORDS. The Parties agree that all records of Grant Recipient prepared
pursuant to this Agreement, and which are owned, used, or retained by the City, are public
records under the Public Records Act (chapter 42.56 RCW) and may be subject to
disclosure unless a statutory exemption applies. The City agrees not to intentionally waive
any statutory exemptions from disclosure available for such records under the Public
Records Act. The City shall, if possible, notify Grant Recipient before any disclosure, and
provide Grant Recipient an opportunity to intervene through judicial process to resist
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release of such records. The City agrees not to object to Grant Recipient intervention in
any judicial proceeding in which Grant Recipient resists release of the records. The City
shall have no duty to resist release of any public records created pursuant to this Agreement,
except to provide notice to Grant Recipient of the request for and disclosure of such records
as previously described. All annual reports and other related documents identified in this
Agreement prepared by Grant Recipient pursuant to this Agreement and provided to the
City are and shall be the property of City, and may be subject to disclosure pursuant to
chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped,
photographic, or visual documents prepared by Grant Recipient pursuant to this Agreement
and provided to the City shall, unless otherwise provided, be deemed the property of City.
City shall be permitted to retain these documents, including reproducible camera-ready
originals of reports, reproduction quality mylars of maps, and copies in the form of
computer files, for the City's use. City shall have unrestricted authority to publish,
disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings,
images, or other material prepared pursuant to this Agreement for the City, provided that
Grant Recipient shall have no liability for the use of Grant Recipient's work product
outside of the scope of its intended purpose.
Grant Recipient may, from time -to -time, receive information which is deemed by City to
be confidential. Grant Recipient shall not disclose such information without the prior
express written consent of City or upon order of a court of competent jurisdiction.
35. BUSINESS REGISTRATION
Grant Recipient shall register with the City as a business prior to commencement of work
under this Agreement if it has not already done so.
36. ENTIRE AGREEMENT
This Agreement, including its attachments, constitutes the entire Agreement between the
City and Grant Recipient. It supersedes all other agreements and understandings between
them, whether written, oral or otherwise. By signing below, the signatories certify that
they are authorized to contract and bind the respective parties.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date
written.
The City of Spokane Valley Volunteers of America of Eastern
Washington and Northern Idaho
Title
Date
LOZZ
Title
Date
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Exhibit A- Map of Facility and Location
Facility location: 3024 Mission Ave, Spokane, WA 99202. The site is located
approximately 1.5 miles from the City and is a short, accessible bus ride from the City.
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Exhibit B- Scope of Work
I. INTRODUCTION
Established in 1985 and operating continuously since then, Grant Recipient's Crosswalk teen
shelter is one of two licensed emergency shelters serving runaway and homeless youth in
Eastern Washington. Crosswalk provides emergency shelter for youth and supports youth with
services of professional case managers, teachers, health care workers, and chemical
dependency counselors, connecting youth to stabilizing and supportive services with the goal
of ending homelessness. In 2021, 10% of youth served (9 young people) had City zip codes
and in 2022, 12% (or 16 young people) did.
II. OBJECTIVES
By building Crosswalk 2.0 next door to Spokane Community College and creating career
pathways, youth can complete and move into livable wage jobs, consistent with a prevention
strategy to avoid adult homelessness.
III. PROJECT DESCRIPTION
Grant Recipient has purchased land two blocks from Spokane Community College to build
Crosswalk 2.0, an expanded service model that includes the original Crosswalk shelter and
wrap around services on the first floor and "college dorms" for youth aged 16-20 who are
engaged in Spokane Community College's career readiness degree programs and running start
programs.
Grant funds shall be used to support building an emergency shelter location where
young people experiencing homelessness from the Spokane Valley can have a safe
place to receive support. This grant represents approximately 3% of the overall
project budget and will continue to serve 12% or more of Spokane Valley youth.
IV. CONSIDERATION/PUBLIC BENEFIT
Support City residents in need by providing emergency shelter to youth who cannot afford
them. Crosswalk programming and services to include family reconciliation services, clothing,
showers and personal hygiene products, three meals a day, employment -readiness program and
job -placement assistance, computer lab, independent living training including life -skills,
medical advocacy, GED tutoring with onsite testing, college preparation, behavioral health
counseling, recreational activities, donor -funded college scholarship opportunities,
transportation and access to Grant Recipient's transitional housing program.
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Exhibit C- Proiect Budget
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Inland Group
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DESCRIPTION ,
QUANTITY
UNIT
UNIT PRICE
TOTAL,
SUBTOTA-LS
DIVISION 1- GENERAL REQUIREMENTS
14
MO
57,750
808,500
808,"300
DIVISION 2- SITE CONSTRUCTION
GENERAL:
Surveying
47,999
SF
0.38
18,240
Temporary Fence
875
LF
8.82
7,718
Site Signage - NONE INCLUDED
1
LS
0.00
0
Erosion/Dust Control
47,999
SF
0.25
12,000
Street Cleaning
14
MO
835.00
11,690
Traffic Control
1
LS
18,000
18,000
Monument Signs
1
EA
5,000
5,000
SITEWORK:
Demolition & Abatement - NONE INCLUDED
1
LS
0.00
0
Hazardous Materials - NONE INCLUDED
1
LS
0.00
0
Offsite Improvements - NONE INCLUDED
1
LS
0.00
0
Earthwork and Utilities
47,999
SF
17.82
855,342
Unsuitable Soil Export Contingency
370
CY
25.00
9,250
Structural Fill Import Contingency
370
CY
25.00
9,250
Joint Trenching (Misc.)
1
LS
38,800
38,800
HARD AND SOFT-SCAPE
Site Concrete
47,999
SF SITE
1.90
91,198
Asphalt Paving
14,903
SF
2.28
33,979
Pavement Markings
1
LS
10,500.00
10,500
Asphalt Patching
1
LS
5,000
5,000
Landscape/Irrigation
47,999
SF SITE
1.87
89,758
Retaining Walls - NONE INCLUDED
1
LS
0
0
Site Fencing
116
LF
55
6,380
Site Labor (All Contract Labor)
6,720
MH
35
235,200
DIVISION 3- CONCRETE
Rebar
1
LS
10,000
10,000
Vapor Barrier
1
LS
4,250
4,250
Structural Concrete - Footings/Walls
21,631
SFBP
9.37
202,682
Structural Concrete - SOG
21,631
SFBP
1.90
41,099
Structural Concrete - Concrete Supply
21,631
SFBP
4.20
90,850
Structural Concrete - Concrete Pumping
1
LS
18,000.00
18,000
Gyperete with Acoustimat Throughout
36,000
SF
4.39
158,112
2 .I,,KKl94
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Inland Group
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DESCRaPTION ,
QUANTITY
AJNIT
UNIT PRaCE
TOTAL, � �
SUBTOTA-L8
DIVISION 4- MASONRY
CMU Trash Enclosure
1
LS
22,792.00
22,792
Brick Veneer
9,297
SF
29.30
272,439
�KKI„33':I.
DIVISION 5- METALS
Bolts and Fasteners
45,060
GSF
0.20
9,012
Simpson and Holdown Hardware
45,060
GSF
1.04
46,862
Structural Steel
45,060
GSF
6.90
310,914
Miscellaneous Steel
45,060
GSF
1.09
49,115
DIVISION 6- WOOD AND PLASTICS
Framing Labor
45,060
SF WF
12.00
540,720
Rough Lumber Materials [including 2x joist]
45,060
SF WF
7.12
320,827
Trusses
21,933
SF ROOF
5.00
109,665
Tool Rental
14
MO
1,500.00
21,000
Tool Purchase
14
MO
2,000.00
28,000
Forklift
14
MO
3,250.00
45,500
Craning (Mobile)
1
LS
15,000.00
15,000
Cabinets - Units & Common
20
UNITS
5,778.30
115,566
Countertops - units & common
20
UNITS
4,197.00
83,940
I.1780 2':1.8
DIVISION 7- THERMAL AND MOISTURE PROTECTION
Waterproofing (Elevator Pit & Masonry)
1
LS
22,000.00
22,000
Building Insulation
45,060
GSF
2.20
99,321
Siding: Nichiha
17,915
SF
44.00
788,260
Gutters/Downspouts
1
LS
0.00
0
Membrane Roof Inc. Back of Parapet
15,502
SF
15.12
234,390
Standing Seam Metal Roof
6,966
SF
30.00
208,980
Misc. Flashing
1
LS
11,000.00
11,000
Caulking & Fire stopping
1 45,0601
GSF
0.091
4,055
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Inland Group
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DESCRaPTION ,
QUANTITY
AJNIT
UNIT PRaCE
TOTAL, � �
SUBTOTA-LS
DIVISION 8- DOORS AND WINDOWS
Doors, Hardware, and Trim
45,060
GSF
6.57
295,909
Aluminum Storefront incl. Doors and Frames
45,060
GSF
4.26
192,068
Access Doors
1
LS
10,775.00
10,775
Vinyl Windows
45,060
GSF
1.52
68,491
Trash Coiling Door & Kitchen Service Door
1
LS
16,000.00
16,000
Accordion Door
1
LS
27,000.00
27,000
Glass Railing
552
SF
100.00
55,200
Mirrors
20
UNITS
285.25
5,705
Misc. Glazing / rated glass / glass repairs
1
LS
7,500.00
7,500
678,648
DIVISION 9- FINISHES
Gypsum Wallboard
45,060
GSF
12.67
570,713
Flooring
45,060
GSF
13.11
590,737
Painting
45,060
GSF
4.70
211,818
ACT Ceilings
1
LS
12,401.40
12,401
Wall Paneling
1
LS
-
-
Final Clean
45,060
SF
0.57
25,684
Dumping
14
MO
4,000.00
56,000
:L,, .i l!!m"I�,, 3 5 3
DIVISION 10-SPECIALTIES
Mailboxes
20
UNITS
204.00
4,080
Interior Signage
1
LS
5,500.00
5,500
Building Logo
2
EA
23,573.00
47,146
Knox Box
3
EA
700.00
2,100
Fire Extinguishers
12
EA
257.00
3,084
Lockers
90
LF
345.00
31,050
Fireplace
1
LS
10,000.00
10,000
Bike Racks
20
EA
200.00
4,000
DIVISION 11- EQUIPMENT
Unit Appliances
20
EA
0.00
0
Common Area Kitchens
2.0
EA
4,131.00
8,262
Commercial Kitchen
1
LS
48,726.80
48,727
Commercial Kitchen Hood
1
LS
23,356.90
23,357
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Inland Group
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DESCRaPTION ,
QUANTITY
AJNIT
UNIT PRaCE
TOTAL, � �
SUBTOTA-LB
DIVISION 12- FURNISHINGS
Blinds
20
UNITS
499.10
9,982
Wire Shelving
20
UNITS
219.56
4,391
Window Tinting
1
LS
0.00
0
:I,'.ry 37'6
DIVISION 14- CONVEYING SYSTEMS
Elevator
3
STOPS
39,528.00
118,584
Trash Compactor
1
LS
37,882.00
37,882
I. 6,,, .1I!;,ml!;,m
DIVISION 15- MECHANICAL
Fire Sprinklers
45,060
GSF
2.89
130,314
Plumbing & Passive Radon System
45,060
GSF
15.63
704,288
Shower Repair
1
LS
5,000.00
5,000
HVAC- Common and Units
45,060
GSF
18.09
815,135
:L,A', 54
DIVISION 16- ELECTRICAL
Electrical
45,060
GSF
15.50
698,430
Fire Alarm/Security/Access Control/CCTV
45,060
GSF
3.41
153,655
Temp Power
1 141
MO
1 3,000.001
42,000
894,10&W
20 of 34
Inland Group
23-140.00
DESCRIPTION ,
QUANTITYAJNIT
UNIT PRaCE
TOTAL, � �
SUBTOTALS
SUBTOTAL DIVISION 1-16
11,203,126
:11,,203,,:1'626
Warranty Reserve
25,000
Contingency
0
General Liability, Auto, Pollution Insurance
1.30%
145,641
GC Overhead and Profit
6.00%
682,426
WA State B&O Tax
0.00471%
56,785
Builders Risk Insurance
0.40%
48,452
GC Payment and Performance Bond
0.00%
0
WA State Sales Tax - By Owner
8.70%
By Owner
SUBTOTAL DIVISION 17
KKI'i58,1,303
TOTAL
1
1 $12,161,4291
12, f� ki, 11'629
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Exhibit D- Timeline, Milestones & Performance Metrics
L PERFORMANCE INDICATORS
The following information will be provided on a quarterly basis by the l5th day following each
quarter through the expiration of this agreement.
- Total number of youth served at Facility
- Average age
- Demographic information
- Number of youth with City zipcode served at Facility
- Percent transitioned to housing/connected to housing resources
- Supportive services provided, information on participation and outcomes
II. PROJECT PERIOD
Execution date through December 31, 2030.
III. KEY MILESTONES AND DELIVERABLES
Milestones:
All funding closed: Fall 2023
Ground breaking: TBD
Substantial completion: TBD
Move Crosswalk to Facility: Fall 2024
Project Completion: December 2024
Deliverables:
The following deliverables will be provided as outlined in Section 6.
Project budget and expenses report during construction: By 151h day of following
month or as Grant Recipient submits for reimbursement.
Construction progress report: Quarterly by 151h day of following month
Third parry auditor cost certification (completion report): December 31, 2024
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Exhibit E- Insurance Requirements
Grant Recipient shall procure and maintain for the duration of the Agreement, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by Grant Recipient, its agents, representatives, employees,
or subcontractors.
A. Minimum Scope of Insurance. Grant Recipient's required insurance shall be of the
types and coverages as stated below:
i. Automobile liability insurance covering all owned, non -owned, hired, and leased
vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO)
form CA 00 01.
ii. Commercial general liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop -gap independent contractors and personal injury, and advertising
injury. City shall be named as an additional insured under Grant Recipient's
commercial general liability insurance policy with respect to the work performed
for the City using an additional insured endorsement at least as broad as ISO CG
2026.
iii. Workers' compensation coverage as required by the industrial insurance laws
of the State of Washington.
iv. Professional liability insurance appropriate to Grant Recipient's profession.
B. Minimum Amounts of Insurance.
insurance limits:
Grant Recipient shall maintain the following
i. Automobile liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident.
ii. Commercial general liability insurance shall be written with limits no less than
$2,000,000 each occurrence, and $2,000,000 general aggregate.
iii. Professional liability insurance shall be written with limits no less than
$2,000,000 per claim and $2,000,000 policy aggregate limit.
C. Other Insurance Provisions. Grant Recipient's policies are to contain, or be endorsed to
contain, the following provisions for automobile liability and commercial general liability
insurance:
i. Grant Recipient's insurance coverage shall be primary insurance with respect to
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the City. Any insurance, self-insurance, or self -insured pool coverage maintained
by City shall be in excess of Grant Recipient's insurance and shall not contribute
with it.
ii. Grant Recipient shall provide City and all additional insured for this work with
written notice of any policy cancellation within two business days of their receipt
of such notice.
iii. If Grant Recipient maintains higher insurance limits than the minimums shown
above, City shall be insured for the full available limits of commercial general and
excess or umbrella liability maintained by Grant Recipient, irrespective of whether
such limits maintained by Grant Recipient are greater than those required by this
Agreement or whether any certificate of insurance furnished to the City evidences
limits of liability lower than those maintained by Grant Recipient.
iv. Failure on the part of Grant Recipient to maintain the insurance as required shall
constitute a material breach of the Agreement, upon which the City may, after
giving at least five business days' notice to Grant Recipient to correct the breach,
immediately terminate the Agreement, or at its sole discretion, procure or renew
such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to City on demand, or at the sole discretion of the
City, offset against funds due Grant Recipient from the City.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than AXII.
E. Evidence of Coverage. As evidence of the insurance coverages required by this
Agreement, Grant Recipient shall furnish the City with original certificates and a copy of
the amendatory endorsements, including but not necessarily limited to the additional
insured endorsement, evidencing the insurance requirements of the Agreement before
commencement of the work.
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Exhibit F- Restrictive Covenant Agreement
When Recorded Return to:
City Clerk
The City of Spokane Valley
10210 East Sprague Avenue
Spokane Valley, 99206
THE CITY OF SPOKANE VALLEY
RESTRICTIVE COVENANT AGREEMENT
GRANTOR: Volunteers of America of Eastern Washington and
Northern Idaho
GRANTEE: The City of Spokane Valley, a municipal
corporation of the State of Washington
ABBREVIATED LEGAL DESCRIPTION: [Fill in]
ASSESSOR'S TAX PARCEL NO.: [Fill in]
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THE CITY OF SPOKANE VALLEY
RESTRICTIVE COVENANT AGREEMENT
This Restrictive Covenant Agreement (the "Covenant Agreement") is effective as of the day
of , 202, and is made and executed by Volunteers of America of Eastern Washington
and Northern Idaho (the "Grant Recipient"), and by and in favor of the City of Spokane Valley
(the "City"), a municipal corporation of the State of Washington (the "City"). In this Covenant
Agreement, Volunteers of America of Eastern Washington and Northern Idaho and the City may
also be referred to collectively as the "Parties" and individually as "Parry."
RECITALS
A. Grant Recipient is the owner of real property located in the City of Spokane Valley, State
of Washington, legally described in Exhibit A, attached hereto and made part hereof (the
"Property").
B. Pursuant to an agreement, between the City and Grant Recipient, dated , Grant
Recipient has constructed a licensed emergency shelter (the "Facility") on the Property for
the purpose of providing shelter and support services for runaway and homeless youth. A
map of the Property and Facility is attached to and made part of this Covenant Agreement
as Exhibit B.
C. The purpose of this instrument is to place on record those certain Restrictive Covenants (as
defined below) which, pursuant to the City's funding of the Project in the amount of
$500,000 to construct the Facility on said Property (the "Grant Award"), requires that the
Facility be restricted to uses in accordance with the funds used to construct said Facility.
The Property was acquired by deed recorded under recording No. [cite recorded deed for
purchase], between [prior owner's name] and Volunteers of America of Eastern
Washington and Northern Idaho
COVENANT AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises herein, Grant Recipient and the
City agree, covenant and declare that the Facility is subject to the following restrictive covenants,
which covenants shall run with the land and burden the Facility for the sole benefit of the City.
All the terms and provisions hereof shall be construed to effectuate the purposes set forth in this
Covenant Agreement and to sustain the validity hereof.
Covenant. Grant Recipient and the City agree and declare that the covenants and conditions
contained herein touch and concern the land and shall bind and the benefits shall inure to,
respectively, Grant Recipient and its successors and assigns and all subsequent owners of
the Facility, and to the City and its successors and assigns and all subsequent owners of the
City's benefited property interests, subject to modification thereof as specifically provided
below. Each and every contract, deed or other instrument hereafter executed conveying
any portion or interest in the Facility, shall contain an express provision making such
conveyance subject to the covenants and conditions of this Covenant Agreement, provided
26 of 34
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however, that any such contract, deed or other instrument shall conclusively be held to
have been executed, delivered and accepted subject to such covenants and conditions,
regardless of whether or not such covenants and conditions are set forth or incorporated by
reference in such contract, deed or other instrument.
2. Term. Grant Recipient covenants and declares on behalf of itself and all heirs, assigns, and
successors in interests into whose ownership the Facility might pass that the Facility will
be preserved and maintained in accordance with the restrictions and obligations described
in this Covenant Agreement for at least twenty (20) years. It is the intent of the Grant
Recipient that such covenants shall supersede any prior interests Grant Recipient has in the
Property and Facility and shall run with the land for the benefit of the City, and be binding
on any and all persons who acquire any portion of, or interest in, the Property or Facility.
Grant Recipient and the City agree that the City shall have standing to enforce these
covenants.
3. Public Purpose. Grant Recipient acknowledges that the Facility was constructed on the
Property for public purposes with funding from the City, and Grant Recipient covenants
that the Facility will be used for the emergency youth shelter that constitutes the public
purpose of the Grant Award, and that the Facility shall not be converted to a different status
or use for a period of twenty (20) years unless a full reimbursement of the City award
amount is made to the City.
4. Public Access. Grant Recipient covenants that it and any successor in interest will maintain
the Facility for the emergency youth shelter that constitutes the public purpose of the Grant
Award. The Facility shall be open and accessible to the public at reasonable hours and
times. Grant Recipient shall notify the public of the availability of use by posting and
updating that information on its website and by maintaining at entrances and/or other
locations openly visible signs with such information. Fees for use of the Facility shall be
no greater than those generally charged by public operators of similar facilities in the City.
5. Parties Bound. This Covenant Agreement shall benefit and be enforceable only by City
and Grant Recipient and their successors or assigns and shall not be enforceable by any
third parties.
6. Remedies. The City, its successors, designees or assigns shall have the following remedies
against Grant Recipient, its successors, designees or assigns for violation of this Covenant
Agreement:
a. Default. If Grant Recipient fails to observe or perform any of the terms, conditions,
obligations, restrictions, covenants, representations or warranties of this Covenant
Agreement, and if such noncompliance is not corrected as provided herein, then
such noncompliance shall be considered an event of default.
b. Notice of Default. Before the City pursues a remedy against Grant Recipient for
breach of this Covenant Agreement, the City shall provide written notice specifying
the default to Grant Recipient. Grant Recipient shall thereafter have a thirty (30)
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day period to cure such default (or if such default is not capable of cure within thirty
(30) days, such additional period as is reasonably necessary for Grant Recipient to
complete such cure, provided that Grant Recipient commences cure within such
thirty (30) day period and thereafter diligently pursues it to completion).
c. City's Remedies. The City shall have available all remedies under law and equity.
7. No Waiver. No delay in enforcing the provisions hereof as to any breach or violation shall
impair, damage or waive the right of the City to enforce the same or obtain relief against
or recover for the continuation or repetition of such breach or violation or any other breach
or violation thereof at any later time or times.
8. Miscellaneous Provisions.
8.1 Agreement to Record. Grant Recipient shall cause this Covenant Agreement to be
recorded in the real property records of Spokane County, Washington. Grant
Recipient shall pay all fees and charges incurred in connection with such recording
and shall provide the City with a copy of the recorded document.
8.2 Time of the Essence. Time is of the essence of this Covenant Agreement and of
every provision thereof.
8.3 Notices. Notices, certificates, reports, or other communications shall be deemed
delivered on the third day following the date on which the same have been mailed
by certified or registered mail, postage pre -paid, return receipt requested, or on the
date on which the same have been personally delivered with proof of receipt, at the
addresses specified below, or at such other addresses as may be specified in writing
by the parties listed below:
If to the City of Spokane Valley
City Clerk
City of Spokane Valley
10210 East Sprague Avenue
Spokane Valley, WA 99206
If to Volunteers of America of Eastern Washington and Northern Idaho
Volunteers of America of Eastern Washington and Northern Idaho
525 West Second Ave
Spokane, WA 99201-4301
8.4 Severability. If any provision of this Covenant Agreement shall be invalid, illegal,
or unenforceable, the validity, legality, or enforceability of the remaining
provisions hereof shall not in any way be affected or impaired thereby.
8.5 Amendments. This Covenant Agreement shall be amended only by a written
instrument executed by the Parties hereto or their respective successors in title, and
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duly recorded in the real property records of Spokane County, Washington.
8.6 Governing Law, Venue, Attorneys' Fees. This Covenant Agreement is entered into
in Spokane County, Washington. Disputes between City and Grant Recipient shall
be resolved in the Superior Court of the State of Washington in Spokane County.
Notwithstanding the foregoing, Grant Recipient agrees that it may, at City's
request, be joined as a parry in any arbitration proceeding between City and any
third parry that includes a claim or claims that arise out of, or that are related to
Grant Recipient's services or other actions under this Agreement. Grant Recipient
further agrees that the Arbitrator(s)' decision therein shall be final and binding on
Grant Recipient and that judgment may be entered upon it in any court having
jurisdiction thereof.
8.7 Reliance. The City and Grant Recipient hereby recognize and agree that the
representations and covenants set forth herein may be relied upon by each other.
8.8 No Conflict with Other Documents. Grant Recipient and the City warrant that they
have not executed and will not execute any other agreement with provisions
contradictory to, or in opposition to, the provisions hereof, and that in any event the
requirements of this Covenant Agreement are paramount and controlling as to the
rights and obligations herein set forth and supersede any other requirements in
conflict herewith.
8.9 Sale or Transfer of the Facility. Grant Recipient agrees to notify the City at least
thirty (30) days' prior to any sale or other transfer of Grant Recipient's ownership
interest in the Facility.
8.10 Captions. The titles and headings of the sections of this Covenant Agreement have
been inserted for convenience of reference only and are not to be considered a part
hereof. They shall not in any way modify or restrict any of the terms or provisions
hereof or be considered or given any effect in construing this document or any
provision thereof or in ascertaining intent, if any question of intent shall arise.
8.11 No Third Party Beneficiaries. This agreement is made and entered into for the sole
protection and benefit of the Parties hereto and their successors and assigns. No
other person shall have any right of action based on any provision of this Covenant
Agreement.
IN WITNESS WHEREOF, Volunteers of America of Eastern Washington and Northern Idaho and
the City have executed this Covenant Agreement on the date set forth above.
GRANT RECIPIENT: Volunteers of America of Eastern Washington and Northern Idaho
By:
Its:
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City, a municipal corporation of the State of Washington
By: _
Name:
Its:
[Notary Block on following page]
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STATE OF WASHINGTON )
ss.
County of Spokane )
On this _ day of 2023 before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the of
, the corporation that executed the foregoing instrument, and acknowledged the instrument to
be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on
oath stated that he is authorized to execute the instrument.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above written.
NOTARY PUBLIC, in and for the State of Washington,
residing at
My commission expires:
Printed Name
STATE OF WASHINGTON )
ss.
County of Spokane )
On this _ day of 2023 before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the of
, the corporation that executed the foregoing instrument, and acknowledged the instrument to
be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on
oath stated that he is authorized to execute the instrument.
WITNESS my hand and official seal hereto affixed the day and year in this certificate above written.
NOTARY PUBLIC, in and for the State of Washington,
residing at
My commission expires:
Printed Name
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RESTRICTIVE COVENANT AGREEMENT EXHIBIT A
LEGAL DESCRIPTION
32 of 34
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RESTRICTIVE COVENANT AGREEMENT EXHIBIT B
PROPERTY AND FACILITY MAP
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EXHIBIT G
PREVAILING WAGE CERTIFICATION
The GRANT RECIPIENT, by its signature, certifies that all contractors and
subcontractors performing work on the Project shall comply with prevailing wage laws set
forth in Chapter 39.12 RCW, as applicable to the Project funded by this Agreement,
including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages"
and "Affidavit of Wages Paid" as required by RCW 39.12.040. The GRANT RECIPIENT
shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and
shall make such records available for the City of Spokane Valley's review upon request.
The following information is provided pursuant to RCW 39.12.030:
A. State of Washington prevailing wage rates applicable to this public works project,
published by L&I, are located at the L&I website address:
https:Hlni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/
B. This Project is located in Spokane County.
C. The effective prevailing wage date is the same date as the bid due date as
referenced in the original request for bids and as may be revised by addenda.
For any funds are used by the GRANT RECIPIENT for the purpose of construction,
applicable State Prevailing Wages must be paid.
The GRANT RECIPIENT, by its signature, certifies that the declaration set forth
above has been reviewed and approved by the GRANT RECIPIENT's governing body as
of the date and year written below.
DATE:
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 8, 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: Lodging Tax Funds Spokane County Avista
Stadium Award; Tourism Promotion Grant Agreement
GOVERNING LEGISLATION: Chapters 82.08 and 67.28 RCW; chapter 3.20 SVMC
PREVIOUS COUNCIL ACTION TAKEN: Council heard numerous administrative reports from
July 2022 through January 31, 2023 on the lodging tax goals, processes, and grant awards. On
January 31, 2023, Council gave consensus to award $2,000,000 of Lodging Tax funds from Fund
#104 from the 1.3% portion of the tax to Spokane County for the Spokane Indians Avista Stadium
Project.
BACKGROUND: In 2003 the City implemented a 2% hotel/motel tax, the proceeds of which are
used to promote conventions and tourist travel to our City. An additional 1.3% tax was
implemented in 2015, being further restricted by City code for use on capital costs of tourism
venues. The organizations to which the tax proceeds are distributed are ultimately determined by
the City Council which receives a recommendation from the Lodging Tax Advisory Committee
(LTAC). The LTAC is comprised of five members who are appointed by the City Council.
On October 20, 2022, the LTAC met to consider application materials and presentations from
applicants seeking an award from the 2% portion of lodging taxes in Fund #105, and for amounts
from the 1.3% portion of taxes in Fund #104. Ultimately, the 2% requests were approved by
Council in the amounts recommended by the LTAC on December 13, 2022, which included
$309,702 in awards to applicants and a transfer of $515,198 to Fund #104.
One application in the amount of $3,250,000 was received from Spokane County in conjunction
with the Spokane Indians for the 1.3% tax for a capital project to modernize Avista Stadium, using
a phased multi -year approach with the funding over three years. LTAC's recommendation was to
award this project $2,000,000 over the three years. Subsequently, the City received an email
request from the Spokane County Chief Executive Officer, Scott Simmons, in relation to the
proposed $2,000,000 allocation to Avista Stadium. Mr. Simmons requested that if the ultimate
award for this proposal was less than the $3,250,000, that Council approve that the County make
the entirety of the award available in 2023 rather than spread out over three years as was
originally proposed in the County's application.
At the December 13, 2022 meeting, Council passed a motion to have the $2,000,000 award
available all in 2023 rather than over three years. As this is a change in the use of revenue under
RCW 67.28.1817, this change needed to be submitted to the LTAC for review and comment for
45 days prior to Council taking final action on the award. The change was communicated to the
LTAC on December 14, 2022, and an optional meeting for the LTAC members was scheduled for
December 22, 2022, to allow discussion and comment by LTAC members in person if they so
wished. However, there was not a quorum present and the meeting did not occur.
It was communicated to all of the LTAC members that they could submit written comment to be
provided to Council or that they could provide comment at the Council meeting on January 31st
On January 31, 2023, Council approved the award of $2,000,000.
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Staff have negotiated a grant agreement with Spokane County for the Spokane Indians Avista
Stadium project. The grant agreement awards the lodging tax funds to be available upon
execution of the agreement, until expended or project completion, whichever occurs first. The
grant agreement also provides for quarterly reporting on the eligible costs incurred and annual
reporting of increased tourism information. The County will provide these required tourism
reports for each year that it expends funds under the agreement. City staff will then provide the
tourism reports to the Joint Legislative Audit and Review Committee ("JLARC").
OPTIONS: Move to approve the Lodging Tax Grant Agreement with Spokane County for a
$2,000,000 award and authorize the City Manager or designee to finalize and execute the
agreement in substantially the form presented and to carry out the terms of the agreement once
executed; or take other action deemed appropriate.
RECOMMENDED ACTION OR MOTION:
Move to approve the Lodging Tax Grant Agreement with Spokane County for a $2,000,000 award
and authorize the City Manager or designee to finalize and execute the agreement in substantially
the form presented and to carry out the terms of the agreement once executed.
BUDGET/FINANCIAL IMPACTS:
In 2023 the 2% portion of the lodging tax is currently budgeted at $900,000 and the 1.3% portion
at $600,000. Lodging tax collections have exceeded pre -pandemic levels. The Avista Stadium
Project for $2,000,000 is awarded from Fund #104, and there will be an estimated available
ending fund balance in 2023 of $4,467,892 in that fund after the transfer in of $515,198 from Fund
#105.
STAFF CONTACT: Sarah Farr, Accountant/Budget Analyst
ATTACHMENTS: Draft LTax Grant Agreement with Spokane County
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TOURISM PROMOTION AGREEMENT
WITH
THE CITY OF SPOKANE VALLEY AND
SPOKANE COUNTY
THIS AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley, a
non -charter code City of the State of Washington, having offices for the principal transaction of business
at 10210 East Sprague Avenue, Spokane Valley, Washington 99206, hereinafter referred to as "City", and
Spokane County, a political subdivision of the State of Washington, having principal offices for the
transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred
to as "County", each also hereinafter individually referred to as a "Party" and collectively the "Parties",
pursuant to the authority granted under the provisions of Chapter 39.34 of the Revised Code of Washington
("RCW") agree as follows:
DEFINITIONS
1. Tourism Promotion. "Tourism promotion" means activities, operations, and expenditures
designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing
information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism;
operating tourism promotion agencies; and funding the marketing of or the operation of special events and
festivals designed to attract tourists.
2. Uses for tourism promotion and tourism facility acquisition and operation. Pursuant
to RCW 67.28.1815 "all revenue from taxes imposed under this chapter [67.28 RCW] shall be credited to
a special fund in the treasury of the municipality imposing such tax and used solely for the purposes of
paying all or any part of the cost of tourism promotion, acquisition of tourism -related facilities, or operation
of tourism -related facilities."
3. Hotel/motel tax — tourism facilities fund. Pursuant to Spokane Valley Municipal Code
("SVMC") 3.20.020(B), the "hotel/motel tax — tourism facilities fund" is solely for capital expenditures for
acquiring, constructing, making improvements to or other related capital expenditures for large sporting
venues, or venues for tourism -related facilities, which facilities generate overnight guests at lodging
facilities subject to the taxes imposed pursuant to Chapter 3.20 SVMC, as allowed and provided by law.
4. Acquisition. "Acquisition" includes, but is not limited to, siting, acquisition, design,
construction, refurbishing, expansion, repair, and improvement of tourism -related facilities.
5. Fund(s). "Fund(s)" is defined as any amount of compensation derived from the lodging
tax monies of the City of Spokane Valley which is allocated to County for tourism promotion.
IN CONSIDERATION of the terms and conditions contained herein, the Parties covenant and
agree as follows:
1. Purpose of Agreement. The purpose of this Agreement is for County, and City, pursuant
to the provisions of SVMC 3.20.020(B), to promote tourism in the City of Spokane Valley by funding the
Proposal (the "Proposal'), attached to this Agreement hereto as Exhibit "1" which is herein incorporated
by this reference. City agrees to make funds available to County for the purpose of tourism promotion in
an effort to attract visitors and create business and revenue in the City of Spokane Valley.
2. Administration. The City Manager or designee shall administer and be the primary
contact for City regarding the terms and conditions of this Agreement. The County Chief Executive Officer
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or designee shall administer and be the primary contact for County regarding terms and conditions of this
Agreement.
3. Representations. County shall use the funds received from City for the purposes outlined
in SVMC 3.20.020(B), and solely in accordance with the Proposal submitted by County to the City, which
is attached hereto as Exhibit "1" and incorporated herein by reference. County shall perform the services
and work set forth in the Proposal and promptly cure any failure in performance. City shall not be obligated
to and shall not provide any funds for uses other than those set forth in the Proposal.
City has reasonably relied upon the representations made by County in the Proposal. By execution
of this Agreement, County represents that the funds provided by City will be used solely for the purposes
outlined and stated in the Proposal, attached as Exhibit "1", and in accordance with all current laws, rules,
and regulations including but not limited to chapter 67.28 RCW, and the purposes of the funds delineated
in SVMC 3.20.020(B). The County represents, pursuant to provisions of RCW 67.28.184, that if a tax is
levied under chapter 67.28 RCW, that County will not use the proceeds of such tax levied to directly or
indirectly acquire, construct, operate, or maintain a facility used by a professional sports franchise.
No substitutions of purpose or use of the funds shall be made without the written consent of City.
City shall make decisions and carry out its other responsibilities in a timely manner.
4. Reportine. Pursuant to the provisions of RCW 67.28.1816, certain reporting requirements
exist for the County and the City pertaining to the use of funds distributed pursuant to this Agreement and
the estimated and actual number of increased visitors. County shall provide these reports to City and the
City shall in turn provide these reports to the Joint Legislative Audit and Review Committee ("JLARC").
The following provisions allow the County and City to meet their respective requirements under RCW
67.28.1816.
A. Estimated Increase in Visitors. As part of the County's proposal in Exhibit "1", the
County provided an estimate of the number of visitors resulting from the use of funds under this
Agreement. This estimate shall be provided by City to JLARC as part of its annual reporting
requirements.
B. Final Report on Increase in Visitors. Each year that the County expends funds
provided by City pursuant to this Agreement and the year thereafter, County shall complete a report
substantially in the form of Exhibit "3", which is attached hereto and herein incorporated by this
reference, and provide to the City a final report of the number of visitors resulting from the use of
funds under this Agreement and expenditures and uses of funds under this Agreement. The number
of visitors shall be based on an actual count, or if it is not practical to make an actual count, a good
faith best -estimate of the number of visitors resulting from the use of funds under this Agreement.
Each report shall describe the methods used to determine the actual number of visitors, or in the
event such numbers were determined from an estimate, the methods used to determine such
estimates. The City shall notify County by January 15 each year of a reasonable deadline for
County to complete and submit required reporting to the City. The requirements of this section
shall survive any expiration and termination of this contract.
C. City Reporting. The City shall provide the County's estimates outlined in Exhibit "I"
and final report in Exhibit " 3" to JLARC prior to the reporting deadlines set by JLARC as
applicable for each year.
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5. Modifications. No modification or amendment to this Agreement shall be valid until the
same is reduced to writing, in the form of an amendment, and executed with the same formalities as this
present Agreement.
6. Term of Contract; Termination. This Agreement shall be in full force and effect upon
execution by the parties (the "Effective Date") and shall remain in effect until: (1) terminated by any Party;
(2) County fully expends the allocated City funds and the County provides all reports required in section 4
and section 8 of this Agreement; or (4) December 31, 2025; whichever occurs first.
Either Party may terminate this Agreement, for or without cause, in whole or in part, for
convenience, or for any reason whatsoever by providing 30 days written notice to the other Party. Any
funds paid to the County pursuant to this Agreement that are not used by the County at the time written
notice of termination is given to the other Party, or not used for the purposes specified in this Agreement
as determined in the reasonable judgment of the City Manager or designee, shall be returned to the City
within 60 days of termination.
In the event the funds distributed hereunder are not used for the purposes as specified in this
Agreement as determined in the reasonable judgment of the City Manager or designee, City may terminate
this Agreement immediately, without notice. In the event of such termination by City, City is under no
obligation to distribute any further funds to County, and County shall, within 60 days of demand from the
City, pay the City the amount of funds not used for the purposes specified in this Agreement as determined
in the reasonable judgment of the City Manager or designee, and shall further pay the City the amount of
funds not used by the County at the time the written demand is given.
Upon expiration of this Agreement any funds paid to the County pursuant to this Agreement that
have not been used by the County, or not used for the purposes specified in this Agreement as determined
in the reasonable judgment of the City Manager or designee, shall be returned to the City within 60 days.
The duties and remedies contained in this section shall survive the expiration or termination of this
Agreement.
7. Compensation. City agrees to pay County an amount not to exceed TWO
MILLION UNITED STATES DOLLARS ($2,000,000.00 USD) for the purposes stated herein.
8. Payment. City shall pay County within thirty (30) days of the Effective Date of this
Agreement. All payments shall be subject to the availability of funds at the time the request is made.
County shall be responsible for providing written evidence demonstrating that the City funds were used for
the purposes set forth in the Proposal, Exhibit "I", and in accordance with current laws, rules, and
regulations including but not limited to chapter 67.28 RCW and SVMC 3.20.020(B). Eligible costs are
those incurred as of January 1, 2023. Such written evidence shall be provided through quarterly reports,
due to the City no later than April 15, July 15, October 15, and January 15 until all of the funds under this
Agreement are expended.
City reserves the right to withhold payment or require the return of funds paid to the County under this
Agreement which is determined in the reasonable judgment of the City Manager or designee to be
noncompliant with this Agreement, City standards, and City ordinances, or federal or state law.
9. Notice. All notices or other communications given hereunder and sent or delivered to any
Party at the address set forth for such below in this Section and shall be deemed given: (1) when certified
mail is deposited in the United States mail, postage prepaid; or (2) on the third day following the day on
which the same have been mailed by first class delivery, postage prepaid; or (3) on the day such notices or
other communications are received when sent by personal delivery, prepaid; or (4) if it is delivered by
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email, when the recipient, by an email sent to the email address for the sender stated in this Agreement or
by a notice delivered by another method in accordance with this section, acknowledges having received
that email, provided that an automatic "read receipt" shall not constitute acknowledgment of an email for
purposes of this Section.
All notices, requests, approvals, consents, or other communication, which may be required by this
Agreement, shall be given as follows:
TO CITY:
Name: Chelsie Taylor, Finance Director
Phone Number: 509-720-5040
Address: 10210 E. Sprague Avenue
Spokane Valley, WA 99206
TO COUNTY:
Name: Scott Simmons, CEO
Phone Number: 509-477-2600
Address: 1026 W Broadway Ave, 4' Floor
Spokane, WA 99260
10. Applicable Laws and Standards. The Parties, in the performance of this Agreement,
agree to comply with all applicable federal, state, and local laws, ordinances, regulations, orders, writs,
injunctions, and decrees, to the extent they may be applicable to the terms of this Agreement.
11. Relationship of the Parties. It is understood, agreed, and declared that County, its
employees, agents, and assigns shall be an independent contractor and not the agent or employee of City;
that City is interested in only the results to be achieved; and that the right to control the particular manner,
method, and means in which the services are performed is solely within the discretion of County. Any and
all employees who provide services to City under this Agreement shall be deemed employees solely of
County. County shall be solely responsible for the conduct and actions of all employees of County under
this Agreement and any liability that may attach thereto.
12. Records. The Parties shall maintain, for at least three (3) years after completion of this
Agreement, all relevant records pertaining to the Agreement. The Parties shall make available to either
Party, the Washington State Auditor, Federal Grantor Agency, Comptroller General of the United States,
or any of their duly authorized representatives, at any time during their normal operating hours, all records,
books, or pertinent information which the Parties shall have kept in conjunction with this Agreement and
which either Party may be required by law to include or make part of its auditing procedures, an audit trail,
or which may be required for the purpose of funding the services contracted for herein.
13. Insurance. County shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by County, its agents, representatives, employees,
or subcontractors.
A. Minimum Scope of Insurance. County shall obtain insurance of the types described below:
1. Automobile liability insurance covering all owned, non -owned, hired, and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or
a substitute form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage. If use of vehicles pursuant to the
Agreement is only incidental, and County will not transport any persons not directly related
or affiliated with County, then County is only required to have automobile liability
insurance to meet at least minimum Washington state requirements.
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2. Commercial general liability insurance shall be at least as broad as ISO occurrence form
CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent
contractors, and personal injury and advertising injury. City shall be named as an
additional insured under County's commercial general liability insurance policy with
respect to the work performed for the City using an additional insured endorsement at least
as broad as ISO CG 20 26.
3. Workers' compensation coverage as required by the industrial insurance laws of the
State of Washington.
B. Minimum Amounts of Insurance. County shall maintain the following insurance limits:
1. Automobile liability insurance with a minimum combined single limit for bodily injury
and property damage of no less than $1,000,000 per accident. If County will not use its
vehicles in the performance of this Agreement, automobile liability insurance is only
required to meet Washington statutory minimum requirements.
2. Commercial general liability insurance shall be written with limits no less than
$2,000,000 for each occurrence, and $2,000,000 for general aggregate.
C. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following
provisions for automobile liability, professional liability, and commercial general liability
insurance:
1. County's insurance coverage shall be primary insurance with respect to the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be in
excess of County's insurance and shall not contribute with it.
2. County shall fax or send electronically in .pdf format a copy of insurer's cancellation
notice within two business days of receipt by County.
3. If County maintains higher insurance limits than the minimums shown above, City shall
be insured for the full available limits of commercial general and excess or umbrella
liability maintained by County, irrespective of whether such limits maintained by County
are greater than those required by this Agreement or whether any certificate of insurance
furnished to the City evidences limits of liability lower than those maintained by County.
4. Failure on the part of County to maintain the insurance as required shall constitute a
material breach of the Agreement, upon which the City may, after giving at least five
business days' notice to County to correct the breach, immediately terminate the
Agreement, or at its sole discretion, procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to City on
demand, or at the sole discretion of the City, offset against funds due County from the City.
D. Acceptability of Insurers.
1. Insurance is to be placed with insurers with a current A.M. Best rating of not less
than A XII.
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2. Public entity insurance requirements may be satisfied with proof of membership and
liability coverage through its membership in a Risk Pool authorized under RCW 48.62.031
for Claims submitted under Chapter 4.96 RCW ("Actions against political subdivisions,
municipal and quasi -municipal corporations") against the County, its employees, officers,
volunteers and agents and/or actions in connection with or incidental to the performance
of this Agreement which the County and/or its employees, officers, volunteers and agents
are found to be liable for will be paid by the Pool and/or County.
E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement,
County shall furnish acceptable insurance certificates or Risk Pool Memorandum of Liability
Coverage document to the City at the time County returns the signed Agreement, which shall be
Exhibit 4. The certificate shall specify all of the parties who are additional insureds, and shall
include applicable policy endorsements, and the deduction or retention level. Insuring companies
or entities are subject to City acceptance. If requested, complete copies of insurance policies shall
be provided to the City. County shall be financially responsible for all pertinent deductibles, self -
insured retentions, and/or self-insurance.
14. Indemnification and Hold Harmless. The Parties to this Agreement are independent
governmental agencies and neither is the agent or employee of the other. No liability shall attach to either
Party for entering into this Agreement or because of any act or omission of the Parties except as expressly
provided.
Each Party to this Agreement shall be responsible for its own acts and omissions and those of its agents and
employees. Each Party shall also be responsible for its own attorney fees, demands, losses, and liabilities
to or by third -parties arising from, resulting from, or connected under this Agreement as permitted by law.
Each Party's responsibility for its own acts or omissions and those of its agents and employees for liability
for damages arising out of bodily injury to persons or damage to property caused by or resulting from their
concurrent negligence or each Party's agents or employees, shall apply only to the extent of each Party's
own negligence or its agents or employees.
15. Waiver. No officer, employee, agent or other individual acting on behalf of either Party
has the power, right or authority to waive any of the conditions or provisions of this Agreement. A waiver
in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All
remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition
to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the
provisions of this Agreement or to require at any time performance by the other Party of any provision
hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this
Agreement or any part thereof.
16. Assienment and Delectation. Neither Party may assign, transfer, or delegate any or all of
the responsibilities of this Agreement or the benefits received hereunder without prior written consent of
the other Party.
17. Subcontracts. Except as otherwise provided herein, a Party shall not enter into
subcontracts for any of the work contemplated under this Agreement without obtaining prior written
approval of the other Party to this Agreement.
18. Confidentiality. A Party may, from time to time, receive information which is deemed by
the other Party to be confidential. Therefore, a Party shall not disclose such confidential information
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without the prior express written consent of the other Party or upon order of a Court of competent
jurisdiction.
19. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington.
Disputes between the City and County shall be resolved in the Superior Court of the State of Washington
in Spokane County. Notwithstanding the foregoing, County agrees that it may, at the City's request, be
joined as a party in any arbitration proceeding between the City and any third party that includes a claim or
claims that arise out of, or that are related to County's services under this Agreement. County further agrees
that the Arbitrator(s) decision therein shall be final and binding on County and that judgment may be entered
upon it in any court having jurisdiction thereof.
20. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out
of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness
fees).
21. Entire Agreement. This written Agreement, together with the Exhibits attached hereto,
constitutes the entire and complete understanding and agreement between the Parties respecting the subject
matter hereof and cancels and supersedes any and all prior and contemporaneous negotiations,
correspondence, understandings, and agreements between the Parties, whether oral or written, regarding
such subject matter. The Parties understand and agree that this Agreement may not be changed, modified,
or altered except in writing signed by the Parties hereto. No agreement or understanding varying or
extending this Agreement will be binding upon either Party, unless set forth in writing which specifically
refers to the Agreement that is signed by duly authorized officers or representatives of the respective Parties,
and the provisions of the Agreement not specifically amended thereby will remain in full force and effect.
22. Anti -kickback. No officer or employee of any Party, having the power or duty to perform
an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or
have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any
person with an interest in this Agreement.
23. Severability. If any section, sentence, clause or phrase of this Agreement should be held
to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity
of any other section, sentence, clause or phrase of this Agreement.
24. Contract Documents. The Contract Documents consist of this Agreement and the other
documents listed in this Agreement as Exhibits, and all modifications and change orders issued subsequent
thereto. These form a contract and all are as fully a part of the contract as if attached to this Agreement or
repeated herein. In the event of any inconsistency between the provisions of this Agreement and the
documents listed below, the provisions of this Agreement will control and the order of precedence will be
in the order listed. An enumeration of the contract documents is as follows:
This Agreement; and
Exhibit "I" — County's Proposal; and
Exbibit "2" — Updated Project Budget; and
Exhibit " Y' — Sample Final Report on Number of Visitors
Exhibit "4" — Insurance Certificates; and
Amendments or Modifications to this Agreement.
25. Non -Discrimination. During the performance of this Agreement, the PARTIES, their
employees, and agents shall not discriminate against any person on the basis of race; religion; color; sex;
gender identity and expression; medical conditions related to any sensory, mental, or physical condition;
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sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran
status; or any class protected by local, state, or federal law.
26. Nonperformance; Force Maieure. Neither Party will be held responsible for delay or
failure to perform hereunder when such delay or failure is due to fire, flood, riot, epidemic, pandemic, acts
of God or the public enemy, acts of terrorism, acts of war, unusually severe weather, legal acts of public
authorities, public enactments, labor disputes, or other circumstances which cannot be forecast or provided
against.
27. Remedies. No remedy herein conferred upon any Party is intended to be exclusive of any
other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other
remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single
or partial exercise by any Party of any right, power, or remedy hereunder shall preclude any other or further
exercise thereof.
28. Counterparts. This Agreement may be executed in any number of counterparts, each of
which, when so executed and delivered, shall be an original, but such counterparts shall together constitute
but one and the same.
29. No Third -Party Beneficiaries. This Agreement is intended for the benefit of the County
and City and not for the benefit of any third -parties.
30. Time is of the Essence. Time is and will be of the essence for each term and provision of
this Agreement.
31. Headings. The section headings appearing in this Agreement have been inserted solely
for convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit,
or extend the scope or intent of the sections to which they appertain.
32. Cooperation. The Parties agree to cooperate and work together to the best of their abilities
to effectuate the purpose of this Agreement.
33. Required Provisions.
A. PURPOSE: See Section 1 above.
B. DURATION: See Section 6 above.
C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: See provisions above.
D. RESPONSIBILITIES OF THE PARTIES: See provisions above.
E. AGREEMENT TO BE FILED: The Parties shall file this Agreement as provided by law.
F. FINANCING: Each Party shall be responsible for the financing of its contractual
obligations under its normal budgetary process as set forth herein.
G. TERMINATION: See Section 6 above.
H. PROPERTY UPON TERMINATION: Title to all property acquired by any Party in the
performance of this Agreement shall remain with the acquiring Party upon termination of
the Agreement.
34. Filing. An original of this Agreement shall be executed and retained by County, and
County will make this Agreement available on the Spokane County website.
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35. Execution and Approval. The Parties warrant that the officers/individuals executing
below have been duly authorized to act for and on behalf of the Party for purposes of confirming this
Agreement.
IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives to execute this
Agreement as of this day of 2023.
CITY OF SPOKANE VALLEY COUNTY:
John Hohman, City Manager Scott Simmons, Chief Executive Officer
APPROVED AS TO FORM:
Office of the City Attorney
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Exhibit 1
County's Proposal
CITY OF SPOKANE !VALLEY
APPLICATION FOR
2023 LODGING TAX FUND MONIES
I. PROJECT_ APPLICATION DEADLINE: September 30, 2022 before 4„BOO p rn
Project Title: Avista Stadium — MLB Requirements & Modernization
Type of Project: Capital Construction
Agency/Organization: Spokane County
Legal Entity Name (as registered with the IRS) ,Spokane Count
Name/Title of person completing application: Scott Simmons
*** in collaboration with Chris Duff President Spokane Indians Baseball***
Phone: 509-477-2600 E-mail ssimmons@spokanecountv.org
Mailing Address: 1026 W Broadway Ave 4fhFir
City: _Spokane State WA Zip 99260
For -profit
*Non-profit *Public/Municipal Agency X
*Must be a non-profit 501(c)(3) or 501(c)(6) or a public agency to be considered for funding for
operations of a tourism -related facility. Must be a public agency to be considered far funding for
capital costs of a tourism -related facility.
Primary Program Contact (if different than applicant): same as above
Phone: E-mail
Mailing Address
City
State
Zip
Is this person authorized to sign contracts? Yes — No _X If not, please give the name of who
Is the authorized signatory for contracts: _Spokane Count Board of.County Commissioners
Amount requested: $3,250,000
Applicant's match: $18,750,000 from public and private investments
Total activity/program project: $22,000,000
Is this a new or continuing activity/program?
Continuing activity of Spokane Indians Baseball and additional community events. Upgrades will
allow for additional uses and economic drivers in and around the stadium.
Will there be an admission charge for this activity Yes No If so, how much?
Ticket prices vary depending on location; however, Indians strive to remain and maintain a low
barrier to entry and price the tickets competitively within the market. in general, tickets are between
$6 and $25 depending on location and timing of purchase.
IL HISTORY
Briefly describe your organization/business. What is its primary function and mission statement?
Spokane County and the Spokane Indians are partnering on the modernization of Avista Stadium. The
Spokane Indians have been a part of the fabricate of the Community since 1903. Throughout this
time, the team has not only provided professional baseball, but has been a steward of the
community. It has formed unique partnerships with the Spokane Tribe and Fairchild Airforce Base,
both of which have been nationally recognized and are a source of pride for each entity and our
community. The team is an economic driver with an annual economic impact of over $25M and has
recently been elevated from Short Season A to High A nearly doubling the amount of professional
baseball games that the stadium will host. The team provides an affordable family entertainment
option with free parking and ticket prices starting as low as $6. The team's mission statement is: The
Spokane Indians organization provides affordable family entertainment for everyone, by creating a
safe, fun, and friendly atmosphere while exceeding guest expectations.
Ili. PROJECT SUMMARY
Provide a concise summary of your request and what it will accomplish. If your request Is part of a
larger project, you may briefly describe the over-all project. However, please focus the bulk of your
answer on the specific element for which you are requesting funding.
The County, in partnership with the Spokane Indians Organization is working toward a $22M (as
estimated by ALSC Architects In a stadium viability master plan study) modernization of Avista
Stadium that will secure professional baseball and the facility for the next generation. We are
targeting a phased approach of $71VI - $8M per phase over the next three calendar years.
The LTAC funds requested would be utilized in each phase of the overall project to ensure
professional baseball remains in Spokane Valley. With the recent move from "Short Season" to "Long
Season", we believe with a compliant facility, the team will be In a position to significantly enhance
its overall economic impact and continue to provide 13,000+ annual room nights.
In addition to being part of the overall $22M project and ensuring the teams viability in Spokane
Valley, below are some examples of the type of projects that the requested LTAC funds could be
utilized for:
Batting Cage/Workout/Flex Building
This Building will be designed to provide not only the MLB required workout and batting cage space,
but additional utilization as well. The building will be located directly adjacent to the Fair and Expo
Center front entry and will be programmed to provide additional traffic to the campus. The batting
cage space will be usable throughout the year and will be utilized by Spokane Indians Youth Baseball
and the various tournaments that draw out of town visitors. In addition, the cages will be designed
to be pulled back or raised to provide an additional 5,000 sq ft flex space that can be utilized for
gathering and unique meeting space. The batting cage and workout space is a requirement of Major
League Baseball.
2
Legends Lookout
The Legends Lookout project will renovate, update and expand the existing area behind home plate.
The goal of this project is to not only Improve the spectator experience during events at the stadium,
but also to provide a gathering space to be utilized pre game and on non-gamedays. The Legends
Lookout will be designed to include some functions that are required by Major League Baseball.
Field Renovation
Under the new Major League Baseball requirements, it will be required that the field at Avista
Stadium undergo a full renovation. This project will not only be a step toward securing the future of
the stadium and team but can be done in way that allows for additional utilization of the stadium for
baseball tournaments and events. These tournaments and potential events can have a significant
economic impact and positively influence tourism within the City of Spokane Valley.
With each of these projects, they will not only enhance the overall campus, stadium and gateway to
the City of Spokane Valley, but they will provide unique opportunities to increase visitor traffic and
overall utilization of the Fair and Expo Center Campus,
IV. SCOPE OF WORK
Fully describe the project. In addition, give a brief history of the event or organization. Expand on
your Project Summary to address such issues as:
This project is a multi -phased project that will secure the future of the stadium and the Spokane
Indians. Without upgrades to the facility, the Spokane Indians will no longer be able to utilize the
stadium. The Spokane Indians ownership group has owned the team since 1985 and has participated
in multiple public/private investments into the facility over this time. The team will also be investing
in this project and plans to make a greater financial contribution on an annual basis.
The majority of this project is being dictated by new Major League Baseball requirements revolving
around player wellness, safety and development. If we are unable to meet these requirements,
Major League Baseball reserves the right to remove Spokane's Player Development License thus
leading to dissolution of the team. In addition to the player wellness, safety and development
upgrades, the stadium is a 63-year-old facility that is in need of upgrades in order to continue acting
as an economic driver for our community. Of the $22M project, approximately $16M - $17M are
related to player wellness, safety and development requirements.
This is an investment into a facility that we know works and has been a significant economic driver.
This project not only secures what our community has, but provides additional opportunities for
growth, development and partnership.
a. What it is you wish to do?
Spokane County and the Spokane Indians are looking to form partnerships that will assist in
funding projects that will save/secure professional baseball and enhance the overall economic
impact on the community. It is believed that there will be a state and/or federal funding ask and the
more fingerprints and local support we have the better chance we have of securing additional
funding.
b. How and why the community will benefit?
The community has benefited from the Spokane Indians since 1903. If we are unable to
complete the required MLB projects the team will be at risk of being dissolved. The team provides
affordable family entertainment, over 300 seasonal jobs, an economic Impact of more than $25M
and general civic pride. As our community continues to grow, these are the type of amenities
businesses and inbound residents expect to have. There is also significant benefit and opportunity
with Major League Baseball increasing the number of home games from 38 to 66 as part of the
team's move to the longer season.
c. What are the beginning and ending dates of your project?
We are currently in the design process of the next phase of this project. We anticipate the
next phase (phase 2) to begin in January of 2023, with the final phase being completed during the
calendar year of 2025.
d. Is it a seasonal activity appropriate to Its location?
The Spokane Indians season (April to early September) and the Fair do impact certain
projects within the scope. There are projects that are able to be complete during the season, but the
majority will need to occur from September through March.
e. If an outdoor activity, are there any weather -related constraints?
Yes, this is an outdoor venue with weather related constraints.
f. What measures will you apply to evaluate its success?
The primary measure of success is securing the Spokane Indians and Avista Stadium for our
community. In addition, success will be measured through attendees of the stadium and overall
economic impact related to the operation of the team and the facility,
If you are requesting funds for a specific portion of a larger project, please so state but focus your
response on the element for which you are requesting grant assistance. You may use additional
pages as necessary. Attachments to this section should be labeled "IV. Scope of Work."
The requested funds would be part of a larger $22M project. As mentioned above, three examples of
projects that LTAC funds could be used toward are:
1. Batting Cage/Workout Building
2. Legends Lookout
3. Field Renovation
If able, the goal would be to fund the portions of these projects in three consecutive years (2023-
2025) at $1,083,333 per year. This annual allocation would equal the total request of $3,250,000
over three years.
Attached is full project list and phased approach, labeled "IV. Scope of Work."
V. IMPACT ON TOURISM
Information requested In this section is required to be included at the time the application Is
submitted per RCW 67.28, as amended by Engrossed Substitute House Bill 1253 In 2013. If
estimates are not given for all items listed In this section, then the application will be considered
Incomplete and will not be advanced to the Lodging Tax Advisory Committee for funding
consideration.
"Tourism," as defined In RCW 67.28.080(5), means economic activity resulting from tourists, which
may include sales of overnight lodging, meals, tours, gifts, or souvenirs. A practical measure of
tourism is the number of visitors that are attracted to the area. Provide an estimated or "projected"
number of visitors who are expected to be attracted by the proposal in the following categories:
Projected {expected to purtrGipafeJ
4
250,000+
Total Overall Attendance
Attendees who stayed overnight
Paid accommodations
Unpaid accommodations
25,000
0
Paid Lodging Nights*
*one lodging night = one or more persons occupying one room for the night, 12,500
VI. CONSIDERATION OF CITY COUNCIL GOALS AND PRIORITIES
Provide a description of the methods used in making the above estimations as well as a description
of the methods that will be used to determine actual attendance and distinguish among the visitor
categories (methods include a head count, car count, survey, or other with explanation).
Attachments to this section should be labeled "V. impact on Tourism."
Applicants may find more Information on the Joint Legislative Audit and Review Committee's
guidelines under "Data Collection- Flow to report lodging tax expenditures" at
http://leg.wa.gov/jlarc/Pages/default.aspx .
Council Goals and Priorities for Use of the Initial 2% Lodging Tax
In August 2013 Council for the first time adopted goals and priorities that it encouraged the LTAC to
consider when making award recommendations. Based upon subsequent discussions between
Council and Staff in the years of 2014 through 2022, these have evolved as follows:
1. Council desires to direct awards toward funding new and innovative projects, activities,
events or festivals that will distinguish Spokane Valley as a tourism destination and result in increases
to Spokane Valley tourism. As part of this goal, Council will use lodging taxes for the purposes
allowed in State law, which include:
a. Tourism marketing
b. The marketing and operations of special events and festivals
c. The operation and capital expenditures of tourism related facilities owned or operated by
a municipality or public facility district
d. The operation (but not capital expenditures) of tourism related facilities owned or
operated by non-profit organizations.
2, Council will prioritize funding for destination marketing projects that promote the City as a
tourist destination and for capital expenditures to develop tourism destination facilities or venues
within Spokane Valley as a means of drawing additional visitors to the City (recognizing that this
option is limited to facilities owned by a municipality or public facility district).
3. Council recognizes that lodging nights are an Important measure of a successful event or
marketing program and will place higher consideration on events or programs with a demonstrable
history of increasing overnight stays. Council may also take into consideration to a lesser degree the
economic impact of all major components of our tourism -based economy including shopping, dining
and overnight visits.
A. Council will take into consideration revenues received by applicants that were derived
from other sources within Spokane Valley and other municipal entities and agencies such as any
standing Tourism Promotion Authority and the Spokane Public Facilities District.
5. An award to any particular applicant cannot be greater than the dollar amount requested
in that applicant's application.
VII. PROJECT BUDGET
Please detail the budget for your project. In addition to completing the chart below, you must also
submit your general operating budget, or fund-fevel budget for public agencies.
PROJECT BUDGET SHEET
GRANT
AMOUNT
CATEGORY
REQUESTED
MATCH*
TOTAL
To be filled out by Public/Municipal Agencies:
1. Municipality tourism marketing
$
$
$
2. Municipality event and festivals
$
$
$
3. Municipality facilities (operations and
$22,000,00
capital)
$3,250,000
$18,750,000
0
To be filled out by Non -Profit Agencies:
1. Non -municipal entities promoting and
advertising tourism
$
$
$
2. Non -municipal entities for marketing
and operating events and festivals
$
$
$
3. Non -municipal entities for operations
$
$
$
of tourism -related facilities owned by
non-profit organizations
0
3. Non -municipal entities for operations
of tourism -related facilities owned by
non-profit organizations 1 $ 1 $ 1 $
TOTALS I See Above 1 $18,750,000 1 $22,000,000
Vill. ATTACHMENTS
Please provide the following information as attachments.
1. Copies of most recent approved and proposed budgets of the overall organization. For
public agencies, copies of budgets should be at the fund -level.
https://www.spokanecounty,org/199/Budget-Finance
2. Copy of meeting minutes showing official approval of project and authorization of
application or a signed resolution of the board of directors authorizing the application,
Included as attachment.
3. List of members of the organization's board of directors and principal staff.
4. List co-sponsors, if any, by title and type. Chris Huff, President, Spokane Indians Baseball
5. Copy of state certificate of non-profit Incorporatlon and/or copy of federal determination
of 501(c)(3) or 501(c)(6) exempt status, if non-profit status Is applicable to project proposal.
CERTIFICATION
The applicant here certifies and affirms:
1. That it will abide by all relevant local, state, and federal laws and regulations. Without Ilmlting the
foregoing, no individual shall be excluded from participation In, denied the benefit of, subjected to
discrimination under, or denied employment In the administration of or in connection with this
Agreement in violation of local, state, or federal law.
2. That It has read and understands the Information contained In this Grant application and will comply
with all provisions thereof.
Certified By: (signature) 4,J
(print or type name) Scott Simmons
Title: CEO
Date: 9/30/22
7
1V. Scope of Work
Phase 1 (2022)
Field Renovation - Temporary Measures
$230,000
Weatherize Concessions Building
$420 000
Temporary Heat/Heat Trace
$65,000
Subtotal
$715,000
Phase 2 (2023)
Canopy Structural Condition Assessment
$87,000
New Field Lighting
$1,270,000
Add New Video Board & Retrofit of Scoreboard
$1,50p,000
Relocation of Groundscrew Building
$903,000
New Batting Cage, Pitching Tunnel & Workout Building
$1,230,000
Home Clubhouse Remodel/Addition
$2 700,000
Subtotal
$7,690,000
Phase 3 (2024j
Full Field Renovation
$3,300,000
Bullpen Relocation/Fence
$10,000
Dugout Replacement
$460,000
Expanded Dugouts
$430,000
Outfield Wall Replacement
$245,000
Legends Lookout Improvements
$2,640,000
Subtotal
$7,085,000
Phase 4 (2025j
Visitor Clubhouse Remodel/Addition
$2,900,000
Relocate Administration to Parks & Rec Bldg.
$1,170,000
Add Pedestrian Plaza - b/w front & Parks/Rec Bldg.
$120,000
Infrastructure Improvements
$358 000
360 Degree Outfield Elevated Concourse
$2,000,000
Realign Concourse Fence at New Visitor's Clubhouse
$4,000
Landscape Improvements
$300 000
New Entrance Gate at Southwest Corner
$525,000
Subtotal
$7,377,000
Total Project Cost
$22,861,000
NO.22-oG38
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF APPROVING A GRANT
APPLICATION FOR THE CITY OF SPOKANE
VALLEY LODGING TAX ADVISORY
COMMITTEE ("LTAC") FOR CAPITAL
IMPROVEMENTS TO THE FACILITY KNOWN
AS AVISTA STADIUM LOCATED AT 602
NORTH HAVANA, SPOKANE VALLEY,
WASHINGTON
RESOLUTION
WHEREAS, pursuant to the Constitution and laws of the State of Washington, Spokane County,
Washington is a class A county duly organized and existing; and
WHEREAS, pursuant to the provisions of the Revised Code of Washington ("RCW") 36.01.030,
the powers of Spokane County can only be exercised through the Board of County Commissioners of
Spokane County, Washington (`Board" or "Board of County Commissioners"); and
WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County
Commissioners has the care of Spokane County ("County") property and the management of County funds
and business; and
WHEREAS, Spokane County is the owner of the property commonly known as Avista Stadium,
which is a component of the Spokane Interstate Fairgrounds, having an address of 602 North Havana,
Spokane Valley, Washington; and
WHEREAS, Spokane County desires to apply for grant funds from the City of Spokane Valley
LTAC in the amount of $3,250,000 for capital improvements to Avista Stadium to support the Spokane
Indians ability to be in compliance with recently adopted Major League Baseball regulations.
NOW, THEREFORE BE IT HEREBY RESOLVED by the Board of County Commissioners of
Spokane County, Washington, pursuant to the provisions of RCW 36.32.120(6), chapter 36.34 RCW hereby
approves the submission of a grant application to the City of Spokane Valley LTAC in the amount of
$3,250,000 for capital improvements to Avista Stadium to support the Spokane Indians ability to be in
compliance with recently adopted Major League Baseball regulations.
PASSED AND ADOPTED this. day of 12022.
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
Anna Vasquez, Clerk o the BoatJosh Kerns, Commissioner
JOHNSON
ECONOMIC IMPACT ANALYSIS OF THE SPOKANE INDIANS " � CONSULTING
1,1091MR11 IN
KEY FINDINGS
Over the years, the Spokane Indians baseball team has generated significant economic and tax impacts
on the community, Historically from 2013 through 2019, the annual economic impact of the Spokane Indians
baseball team has grown year over year, from approximately $15.1 million in total spending in 2013 to $18.8
in 2019. The number of FTE jobs, as well as hotel/motel tax revenue, has grown as well year over from,
168 in 2013 to 181 FTE jobs in 2019, and $821,000 to $1.0 million in sales and hotel/motel tax revenues,
respectively. In 2022 the Spokane Indians games are estimated to generate an approximate economic
impact of $26.8 million in total spending, 239 FTE jobs, and $1.5 million In sales and hotel/motel tax
revenues.
OVERVIEW OF THE SPOKANE INDIANS
The Spokane Indians have been around since 1903, competing at all levels of minor league baseball. As
of 2021, they compete in High -A long season as an affiliate of the Colorado Rockies (affiliated with Minor
League Baseball or MiLB). They play approximately 132 total games in the regular season -- half of which
are home games. In their first season of High -A baseball, the Indians had a very competitive season, making
it all the way to the League championship series finishing runner-up against the Eugene Emeralds. Total
attendance has fluctuated slightly over the past few years, but has ultimately remained fairly consistent,
averaging 198,450 attendees annually between 2017 and 2019, Ideally, the Indians' successful 2021
campaign will generate more Interest and demand among the local community — a trend often seen in other
markets when their respective sports teams find success. As a long-standing part of the community, the
Spokane Indians are a major driving force In economic and cultural impact for the area. As such, a team
that has showed ongoing success on the field is ripe for the opportunity to compete in terms of facilities,
amenities, and other resources seen across top performing Minor League Franchises.
Avista Stadium, located in Spokane Valley, WA and originally known as Fairgrounds Ballpark, opened in
1958 as the home of the Triple -A affiliate of the Los Angeles Dodgers. After a brief season in the short -
season Northwest League, the Indians remained in Triple -A from 1973 to 1982. Since then, the Indians
have competed in the Northwest League until a League wide restructuring upgraded them to High -A West
starting in 2021. In 1994, the stadium was renamed Seafirst Stadium, then subsequently changed its name
to Avista Stadium in 1999 after reaching a naming rights deal with the Spokane -based utility, Since the
stadiums construction in 1958, about $10 million dollars have been spent in capital Improvements to the
stadium, a marginally low amount compared to other stadiums recent renovations and new construction
costs. In addition to hosting home games for the Indians, Avista Stadium has hosted Gonzaga University
baseball games, the first outdoor hockey game for the Western Hockey League, NCAA regionals, High
School baseball games, and outdoor seasonal events for the community, such as an annual BeerFest.
While these external events are supplemental to the stadium's Impact on the community, they are not a
6 East Monroe Street j Fifth Floor I Chicago, Illinois 60603 1 Phone: 312.447.2010 1 www.chjc.com
,_,. `j J
OHNSON
ECONOMIC IMPACT ANALYSIS OF THE SPOKANE INDIANS
CONSULTING
part of the Indians' operations as a baseball team, and therefore are only referred to anecdotally throughout
this research.
PROPOSED FACILITY IMPROVEMENTS
Certain Improvements to Avista Stadium are needed to ensure compliance with recently adopted Major
League Baseball regulations. These new regulations are directed primarily at player development, coaching
staff, and team support facilities. Compliance with these new regulations is required to be completed prior
to the beginning of the 2025 baseball season. Given the longer annual season schedule and games
beginning in early April rather than June, many of the existing facilities will require improvements beyond
those included in the new MLB regulations. These Improvements are related to providing the necessary
protection of systems in existing buildings that were not designed or built for cold weather operations. A
new renovation plan for the Avista Stadium has been proposed, which will total an estimated $24 million In
costs over five phases. These improvements aim to support the Spokane Indians' continued success, as
well as provide further economic impact in tourism and other ancillary development.
HISTORICAL EVENT DEMAND AND ATTENDANCE
Figure 1 shows historical attendance at Avista Stadium for Spokane Indians baseball games, and the
estimated figures for 2022. (The 2020 and 2021 data is incomplete due to the Covid pandemic.)
Figure 1
2013 2014 2015 2016 2017 2018 2019 2022•
Attendance 187,386 193,865 188,956 194,100 196,653 198,423 200,273 275,000
'The 2022 figures are estimated.
Source, Spokane Indians
As shown, total attendance increased from 187,400 in 2013 to over 200,000 in 2019, the last full season
before the Covid pandemic hit. For 2022, attendance is estimated at 275,000. For analytical purposes,
these attendance and income figures will serve as the basis for the impact estimates for 2022.
ECONOMIC AND TAX IMPACT ANALYSIS
Using attendance figures and other data points provided by the Spokane Indians, Johnson Consulting
developed a comprehensive list of sources of economic impact attributable to the Spokane Indians at the
Avista Stadium. In the absence of the Spokane Indians baseball team, these figures represent spending
within the community, increased wages, new jobs, and tax impacts that would no longer be a part of the
local community.
6 East Monroe Street I Fifth Floor I Chicago, Illinois 60603 1 Phone; 312.447.2010 1 www.chjc.com
ECONOMIC IMPACT ANALYSIS OF THE SPOKANE INDIANS
Figure 2 shows the assumptions used for average daily spending in Spokane Valley.
Figure 2
Spectators Visiting Players
Lodging $135.00 $110.00 /room night
Tickets (actual) - / person
Meals and Incidentals 37.00 37.00 /person
'Derived from Per Diem per U.S. General Services Administration and Business Travel A
Source: Johnson Consulting
The following figures show the economic and tax impact of the Spokane Indians broken into the following
categories:
1. Game Spectators
2. Team Operations
3, Visiting Players
4. Total Impact
4. GAME SPECTATORS
Figure 3 shows the economic and tax impact generated by Spokane Indians game spectators.
6 East Monroe Street I Fifth Floor I Chicago, Illinois 60603 1 Phone: 312.447.20101 www.chle.com
., JOHNSON
ECONOMIC IMPACT ANALYSIS OF THE SPOKANE INDIANS 4, CONSULTING
Figure 3
Assumptions 2013 2014 2016 2016 20V 2018 2019 2022
Attendance
Regular Season Attendance
187,386
193.$65
188,956
194,100
196,653
198,423
200,273
275,000
Room Nights'
of Regular Season Attendance
7.6%
7,027
7.270
7,086
7.279
7,374
7,441
7,610
10,313
Est. WeclSpa nd€ng
Average Daily (2022•$]
on Lodging
$136.0D 1RN
$760,000
$806,000
$805,000
$847,000
$800,000
$910,000
$941,000
$1,392,000
on Tickets
(actual)
1.039.000
1,095,000
1,183,000
1,268,001)
1,360,000
1.438,000
1,468,000
2,073,000
on Meals and Inc€dentals
$37,00 /P
6.662,000
6,807,000
6,BB2,000
6,193,000
6,431,000
6.651,000
6,081.000
10,176,000
Total DlrectSpending
$7,361,000
$7,78B4O00
$7,870,00D
$8,308,000
$8,671,000
$8,999,000
$9,280,000
$13,640,000
Economic Impact
&Vb:QJIerS
Mrect Spending
$7.351,000
$7,78B4O00
$7,870,000
$8,308,000
$8,671,000
$8,999,000
$9,280,000
$13,640,000
Indirect Spending
0.30
2,205,300
2,330.400
2,361,000
2,492,400
2,601,300
2,699,700
2,784,000
4.092.000
Induced Spending
0.40
2,940,400
3.116.200
3,146,000
3,323,200
3,468,400
3,699,600
3,712,000
6,466.000
Total Spending
$12,496,700
$13.239,600
$43,379,006
$14,123,60D
$14,740,700
$i5,298,300
$15,776,000
$23,180,000
increased Earnings
0.34
$2,499,000
$2,648,000
$2,676,000
$2,826,000
$2,948,000
$3,060,000
$3,155,000
$4,63B4O00
Employment iFTE jobs)
15.14
139
144
142
146
149
150
151
207
Tax Impact
RAB
General Sales Tax- Slate
6.5%
$478,000
$606.000
$512,000
$540,000
$564,000
$585,000
$603,000
$887.000
General Sales Tax -Local
2A%
176,000
187.000
189.000
199,000
208,000
216,000
223,000
327.000
Hotel/WelTax-City
3.3%
25.000
27,000
27,000
28,000
29,000
30.000
31,000
46.000
Tots
$679,000
$720,000
$728,000
$767,000
$801,000
$8311000
$867,00D
$1,260,000
:Assuming doubts occupancy
Source: Johnson Gonsuiling
As shown, Spokane Indians' home games at Avista Stadium accounted for approximately$12.5 a million in
total spending in 2013, while increasing year after year, to approximately $15.8 million in 2019, This same
growth year over year from 2013 to 2019 has been consistent with FTE Jobs, increased earnings, and total
sales tax. The increase in home games as well as the overall projected attendance as a result of the move
to High A is projected at $23.2 million in total spending, 207 FTE jobs, and $1,3 million In tax Impact in
2022.
2. TEAM OPERATIONS
The following figure outlines the economic and tax Impact attributable to team operations.
6 East Monroe Street j Fifth Floor i Chicago, Illinois 606031 Phone: 312.447.2010 1 www.chjo.com
ECONOMIC IMPACT ANALYSIS OF THE SPOKANE INDIANS
Figure 4
2013 2014 2015 2016 2017 2010 2019 2022
Direct Spa nding= Expenses by Team $1,361,000 $1,395,000 $1,430,000 $1,466,000 $1.503,000 $1,540.000 $1.579,000 $1.700,000
Economic Impact
1JluNW/&rs
I7irectSpending
$1,361,OOD
$1,395,000
$1,430,000
$1,466,000
$1,503,000
$1,540,000
$1,579,000
$1,700,000
Indirect Spending
0.30
408,300
418,600
429,000
439.600
45D,900
462,000
473,700
51o,000
Induced Spending
0.40
544,400
658,000
672,000
586,400
601,200
616,000
$31,600
680,000
Total Spending
$2,313,700
$2,371,500
$2,431,000
$2,492,200
$2,655.100
$2,618,000
$2,684,300
$2,890,000
Increased Earnings
0.34
$463,000
$474,000
$466,000
$496,000
$511,000
$524,000
$537,000
$578,000
Employment (FTE jobs)
15.14
26
26
26
26
26
26
26
26
Tax Impact
ata
General Sales Tax - Slate
6.5%
$8B4O00
$91,000
$93,000
$95,000
$9800
$100,000
$103,000
' $111,000
General Sales Tax- L0081
2.4%
33,000
$3,000
34,000
35,000
36,000
37,000
38,000
41,000
Hotel/Motel Tax - City
3.3%
no
no
no
no
no
no
no
no
Total
$1210000
$124,000
$127,000
$130,000
$134,000
$137,000
$141,000
$152,000
Source: Johnson Consuhing
As shown, from 2013 through 2019, team operations accounted for total spending Between $2.3 million and
$2.7 million, annually, and total tax impact (from sales tax and hotel/motel tax) between $121,000 and
$144,000, annually. Team operations also produced between $463,000 and $537,000, annually, In
increased earnings and approximately 26 FTE jobs, annually. In 2022, team operations are estimated to
generate $2.9 million in total spending, $578,000 in increased earnings, 26 FTE jobs, and $152,000 in sales
and hotel/ motel tax revenues.
3. VISITING PLAYERS
Figure 6 shows the economic and lax impact from opposing players and staff staying In Spokane Valley for
games against the Spokane Indians,
6 East Monroe Street I Fifth Floor i Chicago, Illinois 60603 1 Phone; 312.447.2010 1 www.chjc.com
JOHNSON
ECONOMIC IMPACT ANALYSIS OF THE SPOKANE INDIANS CONSULTING
Figure 5
Assumptions
2013
2014
2015
2016
2017
2018
2019
2022
Visiting Players etc
Players
361game
1,295
1,295
1,295
1,330
1,295
1,330
1,330
2,310
Non -athletes
B I9amo
296
296
296
304
296
304
304
626
'total
1,591
1,591
1,591
1,634
1,591
1,634
1,634
2,839
4 of Person -days
2'
3,182
3,182
3,182
3,268
3,182
3,268
3,268
5,676
Room Nights*
100.0%
11691
11591
1,591
1,634
1,691
1,634
1,634
2,63B
Est. Direct Spending Average
Dally12022-S1
on Lodging
$110.00 /RN
$140,000
$144,000
$147.000
$165,000
$155.000
$163.000
$157,000
$312,000
on Tickets
na
na
no
na
na
na
na
na
na
on Meals and incidentals
$37.00 / P
47,000
48.000
60.000
52,000
52,000
55,000
56,000
105,000
Total Direct Spending
$197,000
$102,000
$197,000
$207,000
$207,000
$218,000
$223,000
$417,000
Economic impact
Amilibilars
Direct Spending
$187,000
$192,000
$197,000
$207,000
$207,000
$218,000
$223,000
$417,000
Indirect Spending
0.30
56,100
67,600
69,100
62,100
62,100
65.400
66,000
125,100
Induced Spending
0.40
74,600
76,800
78,800
82,800
82,800
87,200
$9,200
166,800
Total Spending
$317,900
$326,406
$334,900
$3611900
$351,900
$370,600
$379,100
$708,900
Increased Earnings
0.34
$64.000
$65.000
$07,000
$70,000
$70,000
$74,000
$76,000
$142,000
Employment(FTEjobs)
15.14
4
4
4
4
4
4
4
6
Tax Impact
ate
General Sales Tax -S€ate
6.6%
$12,000
$12,000
$13,000
$13,000
$13,000
$14,000
$14,000
$27.000
General Sales Tax -Local
2.4%
4,000
5,000
5,000
5,000
5,000
5,000
6,000
10.000
Holelt Motel Tax- City
3.3%
5,000
6,000
5,000
5,000
5,000
51000
6,000
10,000
Total
$21,000
$22,000
$23,000
$23,000
$23,000
$24,000
$25,000
$47,000
'Including 112-daypro-gamo day, ona lull game day, and 112-dayposl-game day,
"Assuming double occupancy
Source: Johnson Consulting
From 2013 through 2019, visiting teams playing against the Spokane Indians generated between 1,591
and 1,634 room nights, annually. Further, each year, they accounted for between $318,000 and $379,000
in iota[ spending, between $64,000 and $76,000 in increased earnings, four FTE jobs, and total tax impact
between $21,000 and $25,000. In 2022, the visiting teams are estimated to generate $709,000 in total
spending, $142,000 in Increased earnings, six FTE jobs, and $47,000 in sales and hotel/ motel tax
revenues.
4. TOTAL IMPACT
Figure 6 shows the combined economic and tax impact from the Spokane Indians game spectators, team
operations, and opposing players and staff staying in Spokane Valley for games against the Spokane
Indians,
6 East Monroe Street 6 Fifth Floor I Chicago, Illinois 60603 1 Phone: 312.447.2010 1 www.chjc.com
ECONOMIC IMPACT ANALYSIS OF THE SPOKANE INDIANS
Figure 6
2013 2014 2015 2016 2017 2018 2019 2022
Direct Spending
Game Spectators
$7,351,000
$7,788,000
$7,870,000
$8,308,000
$8.671,000
$8,999,000
$9,280,000
$13,640,000
Team operational Erpenses
1.361,000
1,395,000
1,430,000
1,466,000
1.603,000
1,540,000
1,579,000
1,700,000
Visiting Players' Spending
187,000
192,000
197,000
207,000
207,000
218,000
223,000
417,000
Total
$8,899,000
$9,376,000
$9,497,000
$9,981,000
$%381,000
$10,757,000
$11,082,000
$16,767,000
Economic Impact
Mutllntlers
Direct Spending
$8,809,000
$9,375,000
$9,497.000
$9,981,000
$10,381.000
$10,757,000
$11,082,000
$16,757,000
Indirect Spending
0.30
2,669,700
2,812,500
2,649,100
2,094,300
3,114,300
3,227,100
3,324,600
4,727,100
Induced Spending
0.40
3,559,600
3.750,000
3,798.800
3,992,400
4,152,400
4,302,800
4,432,800
6,302,800
Total Spending
$15,128,300
$15,937,500
$16,144,900
$16,967,700
$17,647,700
$18,286,900
$18,839,400
$26,786,000
Increased Earnings
0.34
$3,025,660
$3,187,500
$3,228,980
$3.393.640
$3,629,640
$3,657,380
$3,767,880
$5,357,380
Employment(FTEjobs)
15.14
168
173
171
176
178
180
181
239
Tax Impact
Rate
General Sates Tax -State
6.5%
$678,000
$609,000
$618,000
$648,000
$676,000
$699,000
$720,000
$1,025,000
General Safes Tax- Local
2.4%
213.000
225,000
228,000
23000
249,000
258,000
266,000
378,000
Hotel/ Wte€Tax -City
3.3%
30,000
32,000
32,000
33,000
34,000
35,000
37,000
56,000
Total
$821,000
$866,000
$878.006
$920,000
$968,000
$992,000
$1,023,006
. $1,459,000
Source: Johnson Consu117ng
As shown, historically from 2013 through 2019, the annual economic impact of the Spokane Indians
baseball team has grown year over year, from approximately $15.1 million in total spending in 2013 to $18.8
in 2019. The number of FTE jobs, as well as hotel/motel tax revenue, has grown as well year over from,
168 in 2013 to 181 FTE jobs in 2019, and $821,000 to $1.0 million in sales and hotel/motel tax revenues,
respectively. In 2022 the Spokane Indians games are estimated to generate an approximate economic
Impact of $26.8 million in total spending, 239 FTE jobs, and $1.5 million in sales and hotel/motel lax
revenues.
CONCLUSIONS
The Spokane Indians have long been a well-known fabricate within the Spokane community, having
produced some of the highest levels of average attendance for Minor league baseball games year after
year. Avista Stadium has been the home for professional baseball in Spokane for over 60 years, and has
served as an incredible cornerstone for the area. Most cities are not fortunate enough to experience such
long standing success, and that accomplishment deserves to be recognized. While the success and
longevity of the team are signiflcant accomplishments, the ability to maintain and renovate Avista Stadium
throughout the past 64 years with less than $6 million in additional public investment is quite the return on
investment for Spokane County.
Providing residents and visitors with an experience extending beyond the baseball game itself is important
for offering the community exciting assets and amenities, while also offering visitors an experience unique
6 East Monroe Street ( Fifth Floor I Chicago, Illinois 60603 1 Phone; 312,447.20101 www.chjc.com
b r JOHNSON
ECONOMIC IMPACT ANALYSIS OF THE SPOKANE INDIANS d , CONSULTING
to Spokane. While it is ideal for at least a portion of economic impact attributable to the Indians to be
reinvested Into the team or indirectly Into their sphere of influence.
The time has now come for a significant Improvement to be had to Avista, much of which has been centered
around mandates imposed by MLB on all affiliated clubs to address such improvements to their existing
venues by the 2025 season or forfeit the right to the team, These improvements, as illustrated earlier in
this report, will cost approximately $24 million in investment, which will render the likes of a new venue for
approximately a third of the cost to build new a similar venue in today's construction climate, while also
preserving the Indians ingrained culture and identity with the Spokane Community. This integration as well
as advancement to the High A division with double the number of home games goes hand in hand with the
economic Impact of a team, as the more excited people within the community are about their team, the
more people will follow the team, attend games, and buy merchandise.
Even if Avista Stadium is assumed to continue hosting occasional events regardless of the Indians'
presence or lack thereof, community excitement and identity could deflate without a local anchor like the
Indians, and the businesses and people that rely on the Indians for income (directly or indirectly) will be
affected negatively.
Ultimately, the Spokane Indians provide the residents of Spokane and the greater region with an amenity
that not all communities have. They have done so at a much more reasonable cost to the County and its
taxpayers than most professional sports teams. An updated facility Is both a strategic and cost-effective
way to continue the success of the team, while also promoting economic development surrounding the
facility. It is important to recognize the value this brings to the community as thousands of people attend
each home game on average, many of which are children and families. They are a significant mainstay of
the community, and with the Indians' increased number of events and strong attendance growth, the
excitement surrounding the potential of the team will likely continue. While the Spokane area is relatively
resilient and diversified as an economy and community, the loss of their home baseball team would be a
clear negative for both the economy and morale of the local community.
THE. ECONOMIC IMPACT.ANALYSIS
6 East Monroe Street i Fifth Floor i Chicago, Illinois 606031 Phone: 312.447.2010 1 www.chjc.com
23-008.00
Exhibit 2
Updated Project Budget
Please provide an attachment with an updated project budget pursuant to your proposal based on
the funds allocated in your award. The budget should include a detailed breakdown of the expected
expenses for the project in line with the scope of work and original proposed use of the funds.
"Exhibit A"
*Date by which Longball
*Funds
*Date by which County
Matching
shall provide funds to
($USD) to be
shall have matching funds
Funds ($USD)
County, for deposit into the
Provided by
deposited Into the Avista
to be provided
Capital Projects
Estimated Cost
Identification
Avista Stadium "Capital
Longball
stadium "Capital Account"
by County
not later than
Account" ( ►
(not later than)
Relocation Grounds crew Building/Outfield
3/8/2023
$1,000,000
3/22/2023
$900,000
Wall (Batter's Eye)
$1,148,000
Master Plan/MLB Compliance
mmIT ITmmm
"$100 qp0
Batting Cage/Workout Facility
$1,230 000
MLB Compliance
�.._._._.._.........
_...
(Home (3rd Base) Clubhouse Building
_...
$2,700,000
_..
MLB Compliance
6}28/2g23
34,000,on.
.......�-..�. 'i" '^"
......
$4,099,09
......... .........
Visitor (1st Base) Clubhouse Building
$2,,900,000
MLB Compliance
7/141202_3
4�04 0. 0
7/2912023
�40001000
__..........................^_
Videoboard
51,500,000
_.....__
MLB Compliance
Safety Netting
$300,000
MLB Compliance
___
Structural Condition Assessment
$87,000
Recommendation
9/13/2023
�.�.�.^IT�ITITITITmmmmmmITITmm
9/27/2023
ITITmm
Administration Office Relocation
$1,170,000
5 __..._.
50%MLB Compliance
$600,000
$600 000
(Determined by Park & Rec Move)
50% Master Plan
..........
.............w.w....�....
..._. ................ .... ....._..........
Full Field Renovation
$3,300,000
MLB Compliance
1/3/2024
$1,200,000
1/17/2o24
51,200,000
Bullpen Relocation
$10„000
MLB Compliance
... ......
m
Dugout Replacement
_ _.
5460,000
�..58—, _._.
MLB Compliance
._..... .........__..............
Infrastructure Improvements
5358,000
MLB Compliance
Field. Light Replacement
$1,270,000
MLB Compliance
6/26/2024
$1,200,000
7/10/2024
$1,200,000
Total:
$12,000,000
Total:
$7,900,000
Estimated sub -totals
$16,433,000
................................_._........................................
.._..,._.....
_
Legends Lookout
$2,640,000
..
Spectator Amenity
Expanded Du outs
$430,000
',Spectator Amenity
Landscape Improvements
$300,000i
(Spectator Amenity
Realign Concourse Fence
S4,000'..Spectator
Amenity
(Pedestrian Plaza
$120,000',Master
Plan
360 De ree Outfield Concourse
$2,000,000,Spectator
Amenity
$525,000
SW Entrance Gate
Fair & Expo Request
Estimated total cost to complete all
Projects: $21,927,000
'Note: Dates and Funding amounts are subject to change by mutual written agreement of the parties, depending upon contractual components of delivery method, completion timeline, advance
material purchases, availability of outside funds, other.
" County's legal Account established by Section 3, 4., of the Agreement for legal services to assist with the GCCM process„
A" to Spokane County Resolution f123-0162 is hereby modified, as mutually agreed and noted herein - text in `"��.,keo t represents "deletions" and b0.11,V.R# l.iBj?..0 text represents
For'L. �gbalk ^X,,
. ...... ...........
Recreation & Golf Department Chris Cuff, President Spokane di, s 8 'eball
Date:„,,,,,6/,,,27f,,,2„023...„,,,,„,_,,,,,
23-008.00
Exhibit 3
Final Report on Numbers of Visitors and Paid Room Nights
Total Overall Attendance
Select the method used to determine the attendance
from the chart below. **
Tota I
Of total, attendees who traveled from another state or country
Select the method used to determine the attendance
from the chart below. **
Paid Accommodations
Unpaid Accommodations
Select the method used to determine the attendance
from the chart below. **
Paid Lodging Nights*
*one lodging night = one or more persons occupying one
room for one night
Select the method used to determine the attendance
from the chart below. **
23-008.00
*JLARC defines the Paid Lodging Night as "One Lodging night = one or more persons
occupying one room for one night"
"Methods in determining actual or estimated number of visitors and/or paid room nights:
Direct Count: Actual count of visitors using methods such as paid admissions or registrations,
clicker counts at entry points, vehicle counts or number of chairs filled. A direct count may also
include information collected directly from businesses, such as hotels, restaurants or tour guides,
likely to be affected by an event.
Indirect Count: Estimate based on information related to the number of visitors such as raffle
tickets sold, redeemed discount certificates, brochures handed out, police requirements for crowd
control or visual estimates.
Representative Survey: Information collected directly from individual visitors/participants. A
representative survey is a highly structured data collection tool, based on a defined random
sample of participants, and the results can be reliably projected to the entire population attending
an event and includes margin of error and confidence level.
Informal Survey: Information collected directly from individual visitors or participants in a
non-random manner that is not representative of all visitors or participants. Informal survey
results cannot be projected to the entire visitor population and provide a limited indicator of
attendance because not all participants had an equal chance of being included in the survey.
Structured Estimate: Estimate produced by computing known information related to the event
or location. For example, one jurisdiction estimated attendance by dividing the square footage of
the event area by the international building code allowance for persons (3 square feet).
Other: (please describe)
23-008.00
Exhibit 4
CERTIFICATE OF MEMBERSHIP IN THE WASHINGTON COUNTIES RISK POOL
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE JOINT SELF-INSURANCE
LIABILITY COVERAGE AFFORDED BY THE WASHINGTON COUNTIES RISK POOL.
MEMBER COUNTY:
Liability Coverage Afforded by the:
Spokane County, Washington
Washington Counties Risk Pool
Attn: Steve Bartel, Risk Manager
2558 RW Johnson Rd SW, Suite 106
1033 W. Gardner
Tumwater, WA 98512-6103
Spokane, WA 99260
Spokane County (the "County") is a member of the Washington Counties Risk Pool (the "Pool"), as authorized by RCW 48.62.031, and the
County is covered by the Pool's Joint Self -Insurance Liability Program. The Pool's Joint Self -Insurance Liability Program was created by
interlocal cooperative agreement amongst the Pool's member counties to share risks by "jointly, self -insuring" certain third -parry
liabilities. The Pool is NOT an insurance company. Claims that are covered under a Memorandum of Liability Coverage ("MLC") from
the Pool and were submitted under Chapter 4.96 RCW ("Actions against political subdivisions, municipal and quasi -municipal
corporations") against the County, its employees, officers, volunteers and agents and/or actions in connection with or incidental to the
performance of an agreement/contract which the County and/or its officers, employees or volunteers are found to be liable for will be paid
by the Pool and/or the County.
MLC NUMBER:
20222023RISKPOOL-SPCO
INILC EFFECTIVE DATE:
10/ I /2022
MLC EXPIRATION DATE:
10/1/2023
LIMITS OF LIABLITY EACH OCCURRENCE
BI AND PD COMBINED:
$10,000,000
TYPES OF LIABILITY
COVERAGE AFFORDED: General Liability
Including:
Bodily Injury
Personal Injury
Property Damage
Errors and Omissions/Professional
Advertising Injury
Automobile Liability
DESCRIPTION OF OPERATIONS/
CANCELLATION
LOCATION/VEHICLE
SHOULD THE ABOVE DESCRIBED MLC BE CANCELLED
Lodging Tax Grant Agreement
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUER
WILL ENDEAVOR TO PROVIDE THIRTY (30) DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT
FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO
OBLIGATION NOR LIABILITY OF ANY KIND UPON THE
ISSUER OR ITS AGENTS OR REPRESENTATIVES.
During the MLC Period 10/ 1 /22 - 10/ 1 /23
CERTIFICATE HOLDER:
ISSUE DATE:
September 21 st, 2022
City of Spokane Valley
10210 E Sprague Ave
Spokane Valley, WA 99206
Bryden Barbee, Risk Analyst
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 8, 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: Avista Stadium Construction Update
GOVERNING LEGISLATION: NA
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: Chris Duff, President of Spokane Indians Baseball will provide Council with an
overview of the current Avista Stadium construction improvements and the upcoming 201n
Anniversary Spokane Valley night.
OPTIONS: Discussion Only
RECOMMENDED ACTION OR MOTION: Discussion
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: John Hohman, City Manager
ATTACHMENTS: PowerPoint Presentation
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 8, 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: MultiCare Valley Hospital Memorandum of Understanding
GOVERNING LEGISLATION: Section 340B of the Public Health Service Act (42 U.S.C. §256b)
PREVIOUS COUNCIL ACTION TAKEN: N/A
BACKGROUND: MultiCare Valley Hospital desires to participate in a drug discount program
established under Section 340B of the Public Health Service Act. The 340B Programs allow
eligible entities to acquire outpatient drugs at significantly reduced rates. As a private non-profit
hospital, MultiCare must have an agreement with a local government whereby MultiCare commits
to provide healthcare services to low-income patients who are neither entitled to benefits under
Medicare (Title XCIII of the Social Security Act (SSA)), nor eligible for assistance under Medicaid
(Title XIX of the SSA). MultiCare Valley Hospital desires to make a formal commitment to the City
of Spokane Valley to continue providing healthcare services to indigent, uninsured and
underinsured residents through the proposed MOU. MultiCare staff will provide more information
on the 340B Program.
OPTIONS: Consensus to bring forward for motion consideration at future meeting; or take other
action deemed appropriate.
RECOMMENDED ACTION OR MOTION: Consensus to bring forward for motion consideration
at future meeting.
BUDGET/FINANCIAL IMPACTS: Staff believe there are little to no administrative costs or budget
impacts to the City.
STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney; Cara Carlton, Government
Relations Analyst for MultiCare Health System; Cindy Wilson, Assistant Vice President —
Pharmacy Compliance for MultiCare Health System.
ATTACHMENTS: Draft: Memorandum of Understanding Between City of Spokane Valley and
MultiCare Health System
MEMORANDUM OF UNDERSTANDING
BETWEEN
City of Spokane Valley
AND
MultiCare Health System
THIS AGREEMENT is made by and between City of Spokane Valley, an agency of the
State of Washington, located at 10210 E Sprague Ave, Spokane Valley, WA 99206, and MultiCare
Health System, d/h/a MultiCare Valley Hospital ("Hospital"), a non-profit corporation organized
and existing under the laws of the State of Washington.
RECITALS:
WHEREAS, Hospital provides a disproportionate share of healthcare services to low-
income patients with special needs and participates in programs that benefit the indigent, uninsured
or underinsured population in the State of Washington;
WHEREAS, Hospital has accepted a Certificate of Need from the State of Washington,
pursuant to which Certificate the Hospital has committed to serving low-income patients with
special needs, all in accordance with the provisions of the Hospital's Certificate of Need and in
accordance with its license issued by the Department of Health;
WHEREAS, Hospital desires to participate in the drug discount program established under
Section 340B of the Public Health Services Act ( the "34013 Program");
WHEREAS, in order to participate in the 340B Program, Hospital must have in place
an agreement with a unit of state or local government pursuant to which Hospital commits to provide
healthcare services to low-income individuals who are neither entitled to benefits under Medicare
(Title XVIII of the Social Security Act (SSA)) nor eligible for assistance under Medicaid (Title XIX
of the SSA);
WHEREAS, Hospital desires to make such a formal commitment to the City of Spokane
Valley; and
WHEREAS, City of Spokane Valley desires to clarify and confirm its relationships with
the Hospital, and agrees to accept such commitment on behalf of the citizens of the City of
Spokane Valley.
NOW, THEREFORE, in consideration of the mutual agreements and covenants
contained herein and for other good a valuable consideration, the receipt and sufficiency of which
hereby are acknowledged, it is mutually agreed and covenanted, under seal, by and between the
parties to this Agreement, as follows:
1. Commitment of Hospital to Provide Care to the Indigent, Uninsured, and
Underinsured.
During the term of this Agreement, Hospital agrees to continue its historic
commitment to the provision of healthcare to indigent, uninsured and underinsured residents of
Spokane Valley including low-income residents who do not qualify for Medicaid or Medicare.
Pursuant to this commitment, the Hospital's commitment to provide care will extend to indigent,
uninsured and underinsured residents of the City of Spokane Valley, including low-income
residents who are not entitled to benefits under Title XVIII of the Social Security Act or eligible for
assistance under the State plan of Title XIX of the Social Security Act.. In any event, Hospital will
assure that all patients will receive necessary care, as required by law, regardless of ability to pay.
2. Acceptance and Acknowledtements of City of Spokane Valley.
a. City of Spokane Valley accepts the commitment of Hospital set forth above; and
b. City of Spokane Valley shall provide to Hospital the name, title, email address, and phone
number of a government official who can certify the status of this Agreement, and execute
the attached Certification of Contract Form. The Health Resources and Services
Administration's Office of Pharmacy Affairs (OPA) will send to the government official an
email asking the government official to certify the status of this Agreement. City of Spokane
Valley will ensure that the government official responds to the email from OPA by certifying
the status of this Agreement within five days of receiving the email.
3. Representations of Hospital.
Hospital represents that as of the date hereof:
a. Hospital is a corporation duly organized and validly existing in good standing under the
laws of the State of Washington with the corporate power and authority to enter into and
perform its obligations under this Agreement; and
b. Hospital is a tax-exempt corporation of under Section 501(c)(3) of the Internal Revenue
Code of the United States, as amended and under applicable laws of State of Washington.
4. Term and Termination.
The term of this Agreement shall commence on the last date signed below, and shall continue
until one of the parties terminates this Agreement. This Agreement can be terminated by either party
upon not less than sixty (60) days' prior written notice to the other party. Hospital agrees to notify
the City of Spokane Valley promptly if it ceases to provide the healthcare services committed to
under this MOU. This MOU will terminate immediately if Hospital ceases to provide the healthcare
services committed to under this MOU. The City of Spokane Valley and Hospital reserve the right
to immediately terminate this MOU if Hospital ceases to be eligible for the 340B Program.
5. Notice.
All notices required or permitted to be given under this Agreement shall be deemed given
when delivered by hand or sent by registered or certified mail, return receipt requested, addressed as
follows:
Sent to: City of Spokane Valley
Page 2 of 5
Attention: John Hohman
City Manager
10210 E Sprague Ave
Spokane Valley, WA 99206
jhohman@spokanevalleywa.gov
509-720-5300
Copy to: Marci Patterson
City Clerk
10210 E Sprague Ave
Spokane Valley, WA 99206
mpatterson@spokanevalleywa.gov
509-720-5102
Sent to: MultiCare Health System
d/b/a MultiCare Valley Hospital
Attention: Hospital President
12606 E Mission Ave.
Spokane Valley, WA 99216
Copy to: MultiCare Health System
d/b/a MultiCare Valley Hospital
PO Box 5299
MS: 315-PI-SCM
Tacoma, WA 98405
Attn: Contracts & Strategic Sourcing
ContractSupport &multi care. org
Phone: (253) 403-3322
6. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington.
7. Entire Agreement.
This Agreement constitutes the entire agreement between the parties. This Agreement
replaces and supercedes all prior agreements and understandings with respect to the subject matter
of this Agreement.
SIGNATURE PAGE TO FOLLOW
Page 3of5
IN WITNESS WHEREOF, Hospital and the City of Spokane Valley have executed this
Agreement as of the day and year first written above by their duly authorized representatives.
MultiCare Health System d/b/a MultiCare Valley Hospital :
Name: Tim Lynch
Title: Sr VP -Chief Administrative Officer
City of Spokane Valley
Name:
Title:
Page 4 of 5
Department of Health and Human Services, Health Resources and Services Administration, Healthcare Systems Bureau OMB No.
0915-0327; Expiration Date: 10/31/2015 This registration form must be completed and submitted according to the established deadlines that are published
on the OPA website (Lvww.hrsa.Lov/opa).
OFFICE OF PHARMACY AFFAIRS (OPA)
CERTIFICATION OF CONTRACT BETWEEN PRIVATE, NON-PROFIT HOSPITAL AND
STATE/LOCAL GOVERNMENT TO PROVIDE HEALTH CARE SERVICES TO LOW INCOME
INDIVIDUALS
To demonstrate that the hospital meets the statutory definition of covered entity under section
34013(a)(4)(L)(i) as a private non-profit hospital which has a contract with a State or local
government to provide health care services to low income individuals, this certification must be
completed and signed by both parties.
MultiCare Valley Hospital
Name of Hospital
Spokane Valley, WA 99216
City, State, Zip
Pursuant to the requirement of Section 340B of the Public Health Service Act
(42 U.S.C. 256b), I certify that a valid contract (please provide contract number or
identifier if applicable # ) is currently in place between the private, non-
profit hospital named above, and the State or Local Government Entity named below,
to provide health care services to low income individuals who are not entitled to
benefits under Title XVIII of the Social Security Act or eligible for assistance under
the State plan of Title XIX of the Social Security Act. In addition, the authorizing
official certifies that when this contract is no longer valid, appropriate notice will be
provided to the Office of Pharmacy Affairs. The undersigned represents and confirms
that he/she is fully authorized to legally bind the covered entity and certifies that the
contents of any statement made or reflected in this document are truthful and
accu rate.
Signature of Hospital Authorizing Official Date
Tim Lynch, Sr VP -Chief Administrative Officer
Name and Title of Authorizing Official (e.g., CEO, CFO, COO) (please print or type)
Phone Number Ext. E-Mail Address
Signature of State or Local Government Official Date
Name of State or Local Government Official (please print or type)
Title and Unit of Government
Address
Phone Number Ext. E-Mail Address
Page 5 of 5
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 8, 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: Park Maintenance Contract
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: Contract 16-174 Awarded 12/17/2016;
Administrative Report: Parks Maintenance Contract, 11/15/2022; Administrative Report: Parks
Maintenance Update, 5/30/2023.
BACKGROUND: The City of Spokane Valley offers a diverse range of parks and trails
throughout its parks system for use and enjoyment of residents and visitors.
As a contract city, Spokane Valley has contracted with Senske Services for most of its Parks
System Maintenance needs since 2005. Three successive contracts for Parks Maintenance
Services for the City of Spokane Valley have been competitively bid through RFP processes,
the first in 2004, the second in 2009, and the third in 2016, and each contract has subsequently
been awarded to Senske.
The current Parks Maintenance contract, which commenced in 2017, is now in its second of two
three-year renewal option periods and will expire on December 31 st, 2023. This will be the third
in a series of discussions with Council for how best to structure future Parks Maintenance
RFP(s) that will be competitively bid in 2023 for services beginning in 2024.
Staff will provide an administrative report to Council outlining two alternatives for contracting
future park maintenance services (Single Contractor vs. Multiple Contractors). The "single
contractor" model would be substantially similar to the current arrangement and would have one
contractor provide all services, including grounds maintenance, other necessary park services
such as janitorial and garbage services, and other associated miscellaneous services like repair
work and graffiti removal. A "single contractor" model will not require additional staffing, as it is
currently managed by existing staff, but would likely attract only one or two responses, given the
size and scope of the required services.
In order to address issues with service delivery and to encourage multiple responses, staff have
also developed an alternative that utilizes multiple contactors. This would include separation by
types of parks (a general park agreement for the majority of parks, a "trails" park agreement for
the Appleway and Centennial Trail, and possibly a third "premier facility" agreement for some of
the cornerstone parks/facilities, such as Balfour, CenterPlace, and City Hall). It would also
separate out necessary park services that are not traditionally provided by landscaping
companies, such as janitorial and event services and playground inspections and repairs.
Finally, it would separate out other miscellaneous services such as maintenance, graffiti
removal, etc. Due to the number of contracts and the need to provide daily "eyes on parks",
staff believe that a model with multiple contractors model would require two additional FTE's —
one Park Operations and Maintenance Coordinator to manage all of the contracts, visit parks
daily, and to ensure work occurred by each contractor in a timely manner, and a maintenance
staff to provide maintenance support for necessary daily maintenance work.
Staff believe that the multiple contractor model will provide more timely and responsive services.
Given the history of the current contract (no built-in inflation), staff do believe that either model
will cost more than our current contract, but do not know whether engaging multiple contractors
could result in cost savings over a single -contractor model.
Staff will be seeking consensus from City Council on which alternative to move forward with
through an RFP process.
OPTIONS: Council Consensus on (1) Single contractor model or (2) Multiple contractor model;
or other action as deemed appropriate.
RECOMMENDED ACTION OR MOTION: Consensus for staff to proceed with an RFP for
parks maintenance services for 2024 under one of two options:
(1) single -contractor model, or
(2) multiple contractor model which would include the addition of two (2) FTE positions in the
Parks & Recreation Department for 2024.
BUDGET/FINANCIAL IMPACTS: The 2023 Parks Maintenance Budget is $972,455. The
preliminary 2024 Parks Maintenance Budget includes a 50% increase as a placeholder. The
current Senske Contract is valued at $816,255 with no price -escalation since 2017. Costs are
anticipated to increase significantly in either scenario. For the multiple contractor approach, we
would have added City staff costs for two additional FTEs which are estimated at $219,522.
STAFF CONTACT: John Bottelli, Parks & Recreation Director
ATTACHMENTS: PowerPoint Presentation
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 8, 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: Utility Adjustment Discussion
GOVERNING LEGISLATION: Washington State Constitution, Article II, Section 40, and Article
VIII, Section 5
PREVIOUS COUNCIL ACTION TAKEN:
• N/A.
BACKGROUND:
Utility adjustments are an integral part of city infrastructure projects. These adjustments are for
water valves, sewer manholes, communications vaults, and gas valves owned by various
purveyors, in addition to stormwater infrastructure owned by the city. On a typical road project, it
is necessary to lower the utility to reconstruct or grind the pavement, and then raise the utility to
the planned finished surface elevation of the new road prior to paving. If done improperly, the
adjustments can create a rough ride for motorists, create maintenance issues, and/or lead to
pavement settlement or failure.
The Engineering Division's 2023 projects include over 260 adjustments of other purveyor's utilities
with collective bid costs of more than $280,000. The cost varies depending on the type of
adjustment and lowest responsive bidder unit cost. They can range from $300 to $2,250 per
adjustment. The following table summarizes the amount and cost of other purveyors utility
adjustments by year.
Non -City Utility Adjustments
Year
Totals
Quantity
Cost
2018
218
$148,409
2019
287
$173,196
2020
22
$20,991
2021
146
$151,622
2022
79
$71,465
2023
257
$284,021
On a recent federally funded project, the Washington State Department of Transportation
(WSDOT) indicated that utility adjustments for facilities that are not owned by the city are not
reimbursable on federal or state funded projects. Looking into the issue further, staff determined
that the WSDOT's position is supported by binding Washington Supreme Court precedent, though
an exception does exist: when the adjustment/relocation work is of utilities that are in the City's
right-of-way under a prior property right to use the right-of-way for utility purposes (such as when
the utility owns an easement), then public funds can be used to reimburse the utility for the
expense of adjusting/relocating that portion of the utility. It was also determined that utility
adjustments are not reimbursable on any city project, regardless of funding type, unless the utility
purveyor has prior rights. Specifically, WSDOT and the Washington Attorney General's Office
state that spending government funds to adjust or relocate utilities (not owned by the City) violates
(1) Article VIII, Section 5, of the Washington State Constitution because it is a gift of public funds,
and (2) Article II, section 40, of the Washington State Constitution to the extent motor vehicle
funds are used to adjust/relocate the utilities because such funds must be used exclusively for
highway purposes.
Based on this analysis, the utility purveyor is responsible for the costs related to adjustments
unless they can provide documentation of prior rights. Consolidated Irrigation, Modern Electric
Water Company, and Vera Water and Power have prior rights over some portions of their service
areas. Other utilities may also have prior rights for specific locations where property rights were
acquired prior to the establishment of right of way.
In June 2023, staff sent out a letter describing the change in policy to utility purveyors. The letter
stated that purveyors have the option to self -perform the adjustments or reimburse the City for
the adjustment cost. Some purveyors, specifically water districts, have expressed concerns
regarding the impact to their budget and/or manpower.
Staff have previously sent out utility notification letters several months prior to all of the 2023
projects to coordinate any utility work. However, the policy change was not mentioned in the
letters because staff were not aware of it at that time.
Moving forward, staff will conduct meetings with purveyors to discuss this issue and future utility
notification letters will include information about utility adjustments, with the option for the purveyor
to accept the bid price of the apparent low bidder or self -perform the adjustments. We will also
continue to work with our neighboring jurisdictions to formulate a regional approach to the issue.
OPTIONS: Discussion only
RECOMMENDED ACTION OR MOTION: Discussion only
BUDGET/FINANCIAL IMPACTS: Discussion only
STAFF CONTACT: Kelly Konkright, Lukins & Annis
Erica Amsden, PE, CIP Engineering Manager
Gloria Mantz, PE, City Engineer
ATTACHMENTS: PowerPoint Presentation
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 8, 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: Potential Grant Opportunity - NAE Program
GOVERNING LEGISLATION: RCW 35.77.010: Six -Year Transportation Improvement Program
PREVIOUS COUNCIL ACTION TAKEN: None taken.
BACKGROUND: The US Department of Transportation (USDOT) issued a call for projects in
June 2023 for the Reconnecting Communities Pilot (RCP) program and the Neighborhood
Access and Equity (NAE) program. Together, they are called the Reconnecting Communities
and Neighborhoods (RCN) program. Applicants can select one or both programs to apply to. In
general, the following project types are described:
Community Planning Grants: Planning activities for future construction projects and allow
for innovative community planning to address localized transportation challenges.
Capital Construction Grants: Remove, retrofit, mitigate, or replace an existing eligible
dividing transportation facility with a new facility that reconnects communities, mitigates a
burdening transportation facility that is a source of air pollution, noise, stormwater, heat, or
other burdens; or implements a strategy to reduce environmental harm and/or improve
access through transportation improvements.
Regional Partnership Challenge Grants: Led by two or more eligible applicants to address
a persistent regional challenge related to equitable access and mobility. Eligible activities are
same as listed above but must have a regional focus and clearly demonstrate regional
coordination and leveraging of local, State, and Federal resources and policies. USDOT only
expects to award three to five partnership grants.
Program Details
RCP Grant Requirements
NEA Grant Requirements
• Planning
Community Planning
Grant Types
• Capital Construction
Capital Construction
• Regional Partnership Challenge
Available Funds
Available Funds
• Planning: $50 M
• Planning: $135 M
• Capital CN: $148 M
• Capital CN: $2.57 B
• Regional Partnership: $450 M
Min/Max Awards
Min/Max Awards
Funding
Information
Planning: $0 min, $2M max
g�
• Planning/CN/Regional Partnership:
• Capital CN: $5M min, $0 max
• $0 min, $0 max
Non -Federal Match Requirement
Non -Federal Match Requirement
• Planning: 20% (max 80% award)
• Planning/CN/Regional Partnership:
• CN: 20% (max 50% award, 80%
• 20% (max 80% award) or 0% match
Fed)
for disadvantaged areas
Benefit Cost
• BCA is required only for Capital
• BCA is not required.
Analysis
Construction Grants
Due Date
All applications due on September 28, 2023
Obligate By
All awarded funds must be obligated by September 30, 2026
Page 1 of 4
Program Goals and Merit Criteria
The cornerstone of the program is USDOT's Equity Strategic Goal to redress inequities across
the transportation systems and the communities they affect. The program seeks to redress the
legacy of harm caused by transportation infrastructure, including barriers to opportunity,
displacement, damage to the human and natural environment and public health, including air
pollution and greenhouse gas emissions, limited access to open spaces, and other hardships.
The program supports projects in economically disadvantaged communities to increase
affordable, accessible, and multimodal access to daily destinations like jobs, healthcare, grocery
stores, schools, places of worship, recreation, and park space. Eligible facilities will most often
include interstate or state highways, arterial roadways, bridges, transit, rail, airports, or major
utility crossings.
Projects must be included in the Statewide Transportation Improvement Program (STIP) by the
time of obligation award (this means projects are not required to be in long range plans in order
to apply).
The program's merit criteria include
1. Equity and Environmental Justice
2. Access
3. Facility Suitability
4. Community Engagement and Community -based Stewardship, Management, and
Partnerships
5. Equitable Development
6. Climate and Environment
7. Workforce Development and Economic Opportunity
Potential Project Application
Staff was contacted by Spokane Transit Authority (STA) to develop a joint application with the
City of Spokane to provide transportation improvements along STA's Route 94. Route 94
connects Spokane's East Central neighborhood along 51h Ave. and Hartson Ave. with Spokane
Valley's 81h Avenue between Havana Rd. and Park Rd. Refer to the Figure 1 attachment.
Spokane Transit Authority Route 94 Improvements:
Multimodal street and intersection upgrades serving an existing transit route from the downtown
plaza to the future park and ride at 1-90 and Argonne Road. Actual limits of the proposed
improvements are to be determined, but primarily focus on 51h and 81h Avenues.
The following project improvements are anticipated within the City of Spokane Valley's limits:
• Full width street improvements along 81h Ave., which may include (See Figure 2):
• Bike lanes
• sidewalk bulb outs with marked/unmarked/signalized crossings, and/or
• transit stop upgrades.
• Potential for intersection improvements at Carnahan, Thierman and Park Roads.
The grant program allows for a 0% local match for projects located within disadvantaged
communities. For all other requests, a 20% match is required. Disadvantaged communities are
determined by census tract maps provided by USDOT. At the time of this administrative report,
the project team believes the entire project qualifies for 0% match; however, USDOT maps offer
conflicting information and it is unclear if some areas must provide a 20% local match. Staff will
Page 2 of 4
continue to investigate and provide further details should a motion consideration come to
council in the future.
The primary applicant would be STA. If awarded, Spokane and Spokane Valley are expected to
be subrecipients to the awarded funds and be responsible for project delivery within each
agencies' appropriate limits.
For application submittals, it is expected that an agreement would be required to show the
granting program that the applicants are committed to delivering the project if it is awarded
funds.
OPTIONS: After discussion, 1) provide council consensus to move grant application forward or,
2) provide other direction.
RECOMMENDED ACTION OR MOTION: Staff is seeking council consensus to develop grant
application documents in coordination with STA and the City of Spokane. If agreeable, staff will
return with cost estimates and financial impacts, additional project information, and a draft
agreement for council consideration.
BUDGET/FINANCIAL IMPACTS: Projects located in disadvantaged areas are eligible for 0%
non -Federal match and it would be recommended that, if submitted, they are submitted only to
the NAE program. Projects outside of disadvantaged areas will require a 20% non -Federal
match. The proposed project is anticipated to qualify for 0% match.
Cost estimates for the project improvements within Spokane Valley are in development. It is
anticipated that the City's portion of the funding request could range from $5-10 million.
STAFF CONTACT: Adam Jackson, Sr. Engineer — Planning & Grants
ATTACHMENTS: Figure 1. STA Route 94 Multi -Modal Improvements
Figure 2. Typical Cross Section (81h Avenue)
Page 3 of 4
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DRAFT
ADVANCE AGENDA
as of August 3, 2023; 10:00 a.m.
Please note this is a work in progress; items are tentative
To: Council & Staff
From: City Clerk, by direction of City Manager
Re: Draft Schedule for Upcoming Council Meetings
August 15, 2023 Studv Session, 6:00 mm.
ACTION ITEMS:
1. Second Reading Ordinance 23-015 Comp Plan Map Amendment — Levi Basinger
2. Second Reading Ordinance 23-016 Comp Plan Amendment, Zoning map — Levi Basinger
3. Motion Consideration: MOU w/Spokane County Water Dist. 3 Local Streets — Bill Helbig
4. Motion Consideration: Multi Care 340B MOU — Tony Beattie
NON -ACTION ITEMS:
5. Admin Report: TPA Update — Lesli Brassfield
6. Admin Report: Parking on Private Property — Bill Helbig, Caitlin Prunty & Jenny Nickersor
7. Regional Homeless Update — Gloria Mantz
8. Admin Report: Park Camera Update — Erik Lamb
9. Admin Report: Signature Event Program — Virginia Clough
10. Advance Agenda — Mayor Haley
11. Executive Session — Land Acquisition
August 16, 2023 — CoSV 20rh Anniversary- Spokane Indians Baseball Event
[due Tue Aug 8]
(10 minutes)
(5 minutes)
(10 minutes)
(5 minutes)
(10 minutes)
(5 minutes)
(10 minutes)
(10 minutes)
(10 minutes)
(5 minutes)
[*estimated meeting: 80 mins]
August 22, 2023 Formal Meeting, 6:00 p.m. [due Tue Aug 15]
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Motion Consideration: Bid Award — Stormwater Services Contract — Adam Jackson (5 minutes)
3. Motion Consideration: Ridgemont Estates Stormwater Improvement Project
Engineering Design Contract — A. Jackson (5 minutes)
4. Spokane County Conservation District Presentation — Virginia Clough, Vicki Carter (10 minutes)
5. Admin Report: Update on Strategic Plan to End Homelessness — Eric Robison, Gloria Mantz (20 minutes)
6. Advance Agenda — Mayor Haley (5 minutes)
7. Info Only: Department Monthly Reports; Fire Dept Monthly Report
[*estimated meeting: 50 mins]
August 29, 2023 Studv Session, 6:00 mm. [due Tue Aug 22]
ACTION ITEMS:
1. Motion Consideration: Council 2024 Budget Goals — Chelsie Taylor, John Hohman (15 minutes)
NON -ACTION ITEMS:
2. 2024 Budget, Estimated Revenues & Expenditures — Chelsie Taylor (10 minutes)
3. Advance Agenda — Mayor Haley (5 minutes)
[*estimated meeting: 30 mins]
September 5, 2023 Study Session, 6:00 p.m. [due Tue Aug 29]
1. Draft 2024 Legislative Agenda Update — Virginia Clough, Briahna Murray (10 minutes)
2. Advance Agenda — Mayor Haley (5 minutes)
September 12, 2023, Formal Meeting, 6:00 p.m. [due Tue Sept 5]
Proclamation: Constitution Week
1. PUBLIC HEARING #1, 2024 Budget, Revenues & Property Tax — Chelsie Taylor (10 minutes)
2. Admin Report: TPA 5-year plan and Marketing Service Proposal — Lesli Brassfield (10 minutes)
3. Consent Agenda (claims, payroll, minutes, Motion to set 2024 Budget Hearing for Oct 10) (5 minutes)
4. Motion Consideration: 2024 Legislative Agenda — Virginia Clough (5 minutes)
Draft Advance Agenda 8/3/2023 2:11:31 PM Page 1 of 2
September 19, 2023 Studv Session, 6:00 p.m. [due Tue Sept 12]
1. Motion Consideration: TPA 5-year plan — Lesli Brassfield (5 minutes)
2. Outside Agency Presentations (1: Social Service Agencies; 2: Eco. Dev Agencies—Chelsie Taylor (-100 minutes)
3. Advance Agenda — Mayor Haley (5 minutes)
September 26, 2023 Formal Meeting, 6:00 p.m. [due Tue Sept 19]
1. Proposed Ordinance Adoption 2024 Property Taxes — Chelsie Taylor (5 minutes)
2. Consent Agenda (claims, payroll, minutes) (5 minutes)
3. Admin Report: Advance Agenda — Mayor Haley (5 minutes)
4. Info Only: Department Monthly Reports; Fire Dept Monthly Report
October 3, 2023 Studv Session, 6:00 p.m. [due Tue Sept 26]
Proclamation: Domestic Violence Awareness Month
1. City Manager Presentation, 2024 Preliminary Budget — John Hohman (40 minutes)
2. Advance Agenda — Mayor Haley (5 minutes)
October 10, 2023, Formal Meeting, 6:00 p.m. [due Tue Oct 3]
1. PUBLIC HEARING #2, 2024 Budget — Chelsie Taylor (10 minutes)
2. First Reading Ordinance 23-_ Property Tax Ordinance — Chelsie Taylor (10 minutes)
3. Consent Agenda (claims, payroll, minutes) (5 minutes)
4. Admin Report: 2023 Budget Amendment — Chelsie Taylor (10 minutes)
October 17, 2023 Study Session, 6:00 p.m. [due Tue Oct 10]
1. Advance Agenda — Mayor Haley (5 minutes)
October 24, 2023 Formal Meeting, 6:00 p.m. [due Tue Oct 17]
1. PUBLIC HEARING: 2023 Budget Amendment — Chelsie Taylor (10 minutes)
2. First Reading Ordinance 23-_ Amending 2023 Budget — Chelsie Taylor (10 minutes)
3. Consent Agenda (claims, payroll, minutes) (5 minutes)
4. Second Reading Ordinance 23- Property Tax Ordinance — Chelsie Taylor (10 minutes)
5. First Reading Ordinance 23- Adopting 2024 Budget — Chelsie Taylor (10 minutes)
6. Motion Consideration: Awards to Outside Agencies (Soc Service; Eco. Dev. Agencies)-C.Taylor (15 minutes)
7. Admin Report: Advance Agenda — Mayor Haley (5 minutes)
8. Info Only: Department Monthly Reports; Fire Dept Monthly Report
*time for public or council comments not included
OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS:
9-1-1 calls (delays, holding, etc.)
ADU
Appleway Trail Amenities
Basement space
Governance Manual
LTAC Alt Appts
Mirabeau Park Forestry Mgmt.
Park Lighting
Parking, Junk Vehicles, etc.
PFD Presentation
Prosecutor Services
Protection of Utility Infrastructures
SCRAPS
SNAP Financial Assistance
St. O&M Pavement Preservation
Street Scaping, signs, trees, eta.(info)
Transportation Benefit District
Vehicle Wgt Infrastructure Impact
Yellowstone Franchise Agreement
Draft Advance Agenda 8/3/2023 2:11:31 PM Page 2 of 2