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2007, 12-11 Regular Meeting AGE:NDA SPOICANE VALLEY' C'111' COUNCIL REGULAR MEETING Council Meeting #129 Tuesday, Deccin1wr 11, 2007 6:00 p.m. Spokane Vallee City Hall Council Cltambers 11707 E Sprague Avenue Council Requests Please Silence Your CcH Phones During Council Meeting C:AL.L TO ORDER: (INVOCATION: Pastor Manuel Denning of I t~untain ~tiniarir, PLEDGE OF ALLEGIANCE: ROLL C ALI.: APPROVAL OF AGENDA: INTRODUCTION OF SPECL-tI, GUESTS AND PRESENTATIONS: CO11MTi'T-E:E. BOARD. LIAISON Si?NIAIAR1' REPORT :S: NTAYOR'S REPORT: PUBLIC CONI-INIENGS: I1i.5 is an opportunity for the public to sFrcak on any topic. Wlicn you come to the podium, please state your nnrttc and addrtss for the record and limit remarks to three minutes. 1. PUBLIC HEARING: i, mt'orm D7evelopin nt Ckwle Emcr,cnc} Ordinance - Mike Connelly 2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. '1 Councilmember may remove an item from the Consent AFends to he considered -Lgmratrl.. a. Claim Vouchers: Voucher 1.ist Dated 11-30-200, Voucher Ws 13277-13284; 13293-13368; Total A1110usit lu.5 tt~ h. Pay Period Ending November 30,2007: 5274,13 7. Mitwtes of November 7, 2007 Special Council wlretins, ,1 Minutes of Novc;mbcr 20, 2007 Special Joint Meeting, Council and Planning U('nrmi5-,ion e. tilinutes of November 27. 2007 Regular Council Meeting f Resolution 07-019 Amending Resolution 03-027 Core Beliefs . Resolution 07 020 Amending Resolution 06-022 Covcrr►ancc Manual h. Approval of Re-licensing Grant Application NEW BUSINESS' 3. First Reading Ordinance 074)26 Adopting Comprehensive Plan Text Amendments - Greg McCormick/ Mike Basinger [public comment] -1. i` irst Reading Ordinance 07.027 Adopting Toning Map Amendments Greg McCormick/ Mike Basinger [public comment] S. Proposed Resolution 0-1-021 I_andworks Appeal Findings of Fact, Conclusions of Low W Decision - Mike Connelly 6. Motion Cnnsidcmtion: Tourism Promotion Area E miming ,'AtAd - Druz Zimmerer. Jody San& (public comment{ (bone:! 4~cnda 1:-11-7 a!'2 7. Motion Consideration: Site Sclcctor Agreement - Mike Jackson Ipublic comment] 8. Motion Consideration: Referral of Emergency Ordinance to Planning Commission - Mike Connelly (public commentl 9. Motion Consideration: Approval of Arts Council Project Placement - Mike Jackson (public comment) 10. Motion Consideration: Funding Clef Palate-Councilmembers Denenny/Gothmann (public comment) 11. Mayoral ,appointments. Planning Commission Members - Mayor Wilhite Ipublic comment) 12. Mayoral Appointments- Lodging Tax Advisory Committee -Mayor Wilhite (public commentl PUBLIC CONIINIF.N7'S This i+ an opp•+rtumiN for the public to speak off :uiy topic. When you c<,mc to the podium, please state %our came and address for the record and limit remarks to three: minutes. ADMTNI:STRATIV E REPORTS: 13. Admin Report. Alssuniption of Private Road Policy Discussion - Neil Kersten'Dave Mercier 14. Admin Report: Le;gislatise %latter )slayer Wilhim0avc Mercier INFORMATION ONLY: 15. Department uf,irai niportatiom 1 reel-h;l~k I'ropem - (•arr• Drisl:ell EXIECUTIVE tiESSION: I and Acquisition. I'enditt._'. Liti"'),tti„n ADJOURNMENT FUTURE SCH DULE Regular Council Afeetings are generally held 2nd and 46, Tuesdays, beginning at 6:00 p.tn C: Puncil.Stu*.Te.ssinns are t;enerallp held I", 3"t and 5th Tnecdiisw, beginning at 6;00 p.m SO CIC'G: In Iindutds planning to attend the meeting who mquire special Assisruakc to accommodate physieat, hearing, or otttcr impairmrnts, ptrssc contact the City Cletk :,t (4091 qi I -1iV)O a! -mn m possible ;o that amitip ments may be ntade ;su,„rl Ai 1,~ 12-i I Al' };r ;;iar titcr:rr.2 Pogo of CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 11, 2007 City Manager Sign-off: Item: Check all that apply: consent ❑ old business new business public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: PUBLIC HEARING: Emergency Interim Ordinance No. 07-025 GOVERNING LEGISLATION: RCW 36,70'A.390 and RCW 35A.13.190 PREVIOUS COUNCIL ACTION TAKEN: Council passed Emergency Interim Ordinance No. 07-025 November 7, 2007 and scheduled a Public Hearing for December 11; 2007. BACKGROUND: The emergency ordinance 07-025 amends specific sections of UDC Titles 19, 22 and Appendix A, and sets a public hearing. OPTIONS: Conduct Public Hearing pursuant to RCW 36.70A.390 and RCW 35A.13.190 RECOMMENDED ACTION OR MOTION: Conduct Public Hearing BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Mike Connelly ATTACHMENTS: Emergency Interim Ordinance No. 07-025 i CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 07-025 AN EMERGENCY INTERIM ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON ADOPTING AN INTERIM ORDINANCE AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTIONS 19.40.010 RELATING TO USE OF RECREATIONAL VEHICLES; 19.40.090-100 RELATING TO ACCESSORY DWELLING UNITS; 19.60.010 RELATING TO SETBACKS; 22.30 RELATING TO FUTURE ACQUISITION AREAS; AND APPENDIX A DEFINITIONS RELATING TO ACCESSORY DWELLING UNITS; DECLARING AN EMERGENCY AND SETTING A PUBLIC HEARING DATE. WHEREAS, the City of Spokane Valley adopted the Uniform Development Code (UDC) pursuant to Ordinance 07-015, on the 24th day of September, 2007; and WHEREAS, the UDC became effective on 28th day of October, 2007; and WHEREAS, the City of Spokane Valley has identified a number of instances wherein portions of the previously adopted development code were unintentionally not carried forward into the new UDC or where necessary language was inadvertently omitted; and WHEREAS, the absence of these code provisions from the UDC could prevent the City of Spokane Valley from implementing and enforcing the UDC in a consistent manner and further could result in development that may be inconsistent with the goals and policies of the City of Spokane Valley Comprehensive Plan; and WHEREAS, SVMC 19.40.010 fails to include language prohibiting recreational vehicles from being used as permanent or temporary dwelling units in residential zones; and WHEREAS, SVMC 19.40.090 and 19.40.100 and the definition for "Dwelling, Accessory Apartment' fails to adequately restrict the size of such units, the number of•persons residing in such units, the appearance and setbacks of such units or identify an application process; and WHEREAS, SVMC 19.60.010 fails to identify setbacks for flanking streets in commercial, office and mixed use Zones; and WHEREAS, SVMC 22.130 fails to incorporate the standards and requirements for the.designation of "future acquisition areas" as had previously been set forth in the adopted Spokane County Code Chapter 14,710. NOW THEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW: Section One: Pursuant to RCW 36.70A.390 and RCW 35A.63.220 the city adopts this interim zoning ordinance amending sections 19.40.010, 19.40.090 and 19.40.100, 19.60.010 and 22.130 and Appendix A Definitions. This interim ordinance shall be effective for 6 months from the effective date of adoption. Section Two: Pursuant to RCW 36.70A.390 and RCW 35A.63.220 a public hearing before the City Council to consider this interim development ordinance shall. be set for the 11th day of December, 2007. Section Three: Pursuant to RCW 35A.13.190 the council declares that an emergency exists in that development without the amendments set forth below could occur in a manner which is inconsistent with the goals and policies'of the Comprehensive Plan, that may have an adverse and detrimental impact on the use and enjoyment of adjacent properties and could prevent the City from consistently exercising its authority with respect the preservation of future right of ways, all requiring the passage of this emergency ordinance to protect public health, safety, property, and the public peace. Ordinance 07-025 Interim Emergency Ordinance re UDC Page I of9 Section Four: Pursuant the RCW 35A.13.190 this ordinance shall take effect immediately upon passage by the City Council. Section Five: SVMC 19.40.010 shall be amended as follows: 19.40 District Purpose & Supplemental Use Regulations Residential Zones 19.40.010 General Provisions 1. No principal or accessory structure shall be located within the clearview triangle, SVMC 22.70. 2. In the districts where the height of buildings is restricted to thirty-five (35) feet, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height, not to exceed forty (40) feet, above the average grade fine of the building. Water stand pipes and tanks, church steeples, domes and spires and school buildings and institutional buildings may be erected to exceed maximum height requirements, provided that one (1) additional foot shall be added to the width and depth of front, side and rear yards for each foot that such structures exceed the required height. 3. No strudture may be erected to a height in excess of that permitted by applicable Airport Hazard zoning regulations. 4. Recreational vehicles shall not be used as permanent or temporary dwelling units in any residential zone. Guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive twelve (12) month period. The intent is to accommodate visiting guests and not to allow the recreational vehicle to be used as a dwelling unit. Section Six: Appendix A and SVMC 19.40.090-100 shall be amended as follows: Appendix A Definitions Accessory Dwelling Unit: A freestanding detached structure or an attached part of a structure that is subordinate and incidental to the principal dwelling unit located on the same property, providing complete, independent living facilities exclusively for a single housekeeping unit, including permanent provisions for living, sleeping, cooking, and sanitation. Principal Dwelling Unit: The principal structure on a lot that is the main residence to which the property is devoted. 19.40.090 Residential Accessory Uses & Structures 1. Except for the air conditioning compressors of detached single-family residential, cooling towers and similar accessory structures are required to observe all front, side or rear yards. 2. The combined building footprint of all accessory permanent structures in residential zoning districts shall not exceed ten percent (10%) of the lot area. 3. The vertical wall of an in-ground swimming pool shall*be located behind front building setback lines and at least five -(5) feet from the property line. All pools must be secured in accordance with the requirements of the adopted building regulations. Temporary fencing is required during excavation. Ordinance 07-025 interim Emergency Ordinanct• re UDC Page 2 of 9 19.40.100 Accessory Dwelling Unit (ADU) ' Attached and detached ADUs are permitted in all residential zoning. districts and shall adhere to the appearance of single-family residences. An Attached ADU is an accessory dwelling unit that has one or more vertical and/or horizontal vralls in common with, or attached to, the principal dwelling unit. A Detached ADU is a. free standing accessory dwelling unit that is not attached or physically connected to the principal dwe9ing unit. A. Purpose and Intent 1. To increase the supply of affordable housing units and encourage housing diversity through better use of the existing housing stock in neighborhoods in a manner that is less intense than new development; 2. To make housing units available to moderate-income people and special populations including the elderly, mentally ill, victims of domestic abuse, persons with disabilities or injuries, and the homeless who might otherwise have difficulty finding homes within the city that supports independent living; 3. To provide residents, particularly seniors, single parents and families with grown children, with a means to remain in their homes and neighborhoods by obtaining, through tenants in either the ADU or the principal unit, extra income, companionship, security, and services; 4. To reduce the isolation of households that is a result of urban sprawl and suburban land use; 5. To make better use of existing public investment in streets, transit, water, sewer, and other utilities; and G. To protect neighborhood stability, property.values, and the single-family residential appearance of neighborhoods by ensuring that ADUs are installed under the conditions outlined in this Code. S. Conditions and Limitations 1. The design and size of the ADU shall conform to all standards in the building, plumbing, electrical, mechanical, fire, health, utilities and any other applicable codes; 2. An ADU may be developed in conjunction with either an existing or new residence; 3. One (1) ADU, attached or detached, is allowed per lot as an accessory dwelling unit; 4. The ADU must be a complete, independent housekeeping unit; 5. The combined footprint of all accessory structures shall not exceed ten percent (10%) of the lot area; 6. Home professions shall be alloyed only within the principal dwelling unit, not the ApU; 7. The owner, as established by the titleholder, must occupy either the principal dwelling unit or the ADU as their permanent residence, but not both, for six (6) months or more of the calendar year, and at no time receive rent for the owner-occupied unit; and 8. Approval of an ADU will be revoked if the ADU is no longer in compliance with the development standards and criteria outlined in Part C. C. Development Standards and Criteria 1. All ADUs, both attached and detached, must meet the following requirements: a. One. (1) paved off-street parking space shall be required for the dwelling unit in addition to the off-street parking required for the main residence; b. The ADU may not exceed fifty percent (50%) of the total square footage of the principal dwelling unit, nor be less than three hundred (300) square feet and not.more than eight hundred (800) square feet; Ordinance 07-025 Jnterim Emergency Ordinance re UDC Page 3 of 9 c. The total number of individuals that reside in the ADU shall not exceed the number of persons that are defined as family; d. The ADU shall be a complete, separate housekeeping unit; e. The entrance to the ADU shall be located on the side or in the rear of the structure or in such a manner as to be unobtrusive in appearance when viewed from the front of the street, and only one (1) entrance may be located on the fagade of the principal dwelling unit in order to maintain the appearance of a single-family residence; f. The ADU unit shall not have more than two (2) bedrooms; and g. The ADU shall be designed to meet the appearance of a single-family residence and must be the- same or visually match the principal dwelling unit in the type, size and placement of the following: i. Exterior finish materials ii. Roof pitch iii. Trim iv. Windows, in proportion (relationship of width to height) and. orientation (horizontal or vertical). 2. Additional development standards for detached ADUs: a. Shall be located. behind the front building setback line and placed on a permanent foundation; b. Shall preserve all side yard and rear yard setbacks for a dwelling unit, as:established in Section 19.40.020 Residential Standards in the UDC; c. Shall not be allowed on lots containing a duplex, multi-family dwelling or accessory apartment contained within the principal structure; and d. Existing detached accessory structures may be converted into detached ADUs provided that all development standards and criteria are met, including side yard and rear yard setbacks. D. Application process 1. Application for an ADU permit shall be made to the Department of Community Development in accordance with the permit procedures adopted by the department; 2. Shall include a letter of application affirming that one legal titleholder will live in either dwelling unit, meeting requirement of ovrner occupancy; 3. An ADU application shall also be filed as a deed restriction with the Spokane County department of records and elections to indicate the presence of an ADU, the requirement of owner occupancy, and other standards for maintaining the unit as described in this Code; and 4. Cancellation of an ADUs registration may be accomplished by the owner filing a letter with the department of community development for recording at the department of records and elections, or may occur as a result of an enforcement action. Section Seven: SVMC 19.60 shall be amended as follows: 19.60 District Purpose & Supplemental Use Regulations Commercial, Office & Mixed Use Zones Ordinance 07-025 Ibterim Emergency Ordinance re UDC Page 4 of 9 19.60.010 General Requirements 1. Non-residential development shall meet the minimum setback and the maximum building height requirements shown in Table 19.60-1, 2, Parking areas shall be paved and landscaped in accordance with SVMC 22.50. 3. New development exceeding three (3) stories in height shall be provided with paved service lanes not less than sixteen (16) feet in width. 4. All new development shall provide for shared access with adjacent properties. dar s -s; sti ~~abletl9_60 1 Comg,cialrDeyelopment.5 a "c sir r OficeT i? w ommercial ~Yt <<lf tj<MucedlUsei~i 'itndustriali: GO O NC C RC CCk CMU* MUC• 11 12 Minimum Front Yard 20 20 20 20 20 20 20 20 20 20 Setback Minimum Flanking 20 20 20 20 20 20 20 20 .20 20 Street Setback Minimum Side and Rear Yard 20 20 20 20 20 20 A2031 adjacent to a residential - use or zone Maximum Building 45 100 35 35 100 Unlimited Height (i n feet Except as otherwise required Section Eight: SVMC 22.130 shall be amended as follows: 22.130.030 Required Improvements and Dedication Prior to the issuance of any approvals or permits subject to the provisions of this chapter, the Development Services Senior Engineer shall determine the extent and type of roadway improvements, dedication or designation of future acquisition areas required as part of the development proposal. The Development Services Senior Engineer shall utilize the following in determining the scope of the improvements: 1. The Comprehensive Plan, 2. The Arterial Street Map, 3. The street construction standards, and 4. The functional, safety, efficiency and coordinated future expansion needs of the roadway F system to serve the traveling public and emergency vehicles. Ordinance 07-025 Interim Emergency Ordinance re U-DC Page 5 of 9 The Development Services Senior Engineer shall determine the extent of additional right-of-way needed to support these improvements and the process of dedicating the required land area or determine if a future acquisition area should be designated pursuant to 22.130.035 - 036 below. The Development Serices Senior Engineer shall also determine if the development proposal can participate in any City Capital Improvement Project as included on the adopted Six (6)-Year Street Improvement Plan. In these cases, the development proposal will be conditioned. to provide a proportionate contribution to the anticipated project. Section Nine: SVMC 22.130.035 shall be added as follows: 22.130.035 Future Acquisition Areas 1, When a "future acquisition area" is designated, a "Title Notice" shall be completed and recorded with the County Auditor by the Planning Department or other appropriate agency/department The notice shall run with the land and shall not be removed or amended prior to approval by the establishing agency/department s indicated on the notice. The notice shall be recorded as soon as possible and, in all cases, prior to the issuance of a building permit. The notice shall: a. Include the tax parcel number and the full legal description; b. Make reference to any related approval file number or permit numbers; c. Include the name of the street(s) or road(s) and/or map if appropriate; d. Include the dimension of the future acquisition area(s); e. Indicate the building setbacks from the future acquisition boundary(ies); f. lndentify any limitations for improvements or features within the acquisition boundary(ies); g. Indicate that the future acquisition area is private property; h. Identify the responsibility for relocation or loss of "interim" features or improvements within the future acquisition areas; and I. Be mailed to the property owner's and taxpayer's address as shown in the current Spokane County Assessor's/Treasure's records, if a complete mailing address is indicated. The "Title Notice" shall be amended or removed with an Extinguished Form when the Arterial Road Plan, the Official Road Map or other conditions change and the recorded "Title Notice" is no longer valid. Property owners shall be notified of the change. 2. Building Setback The required setback of buildings as specified in the underlying zone classification shall be measured from the future acquisition area boundary. If no reasonable site design solution complying with the full setback is feasible, exceptions to the full setback may be administratively granted if: a. an existing parcel or lot equals or is up to 5% larger than the minimum lot area required in the underlying zone; b. an existing parcel or lot has an existing building proposed for expansion; or Ordinance 07-025 interim Emergency Ordinance re UDC Page 6 of 9 C. the sponsor of new development or redevelopment adequately demonstrates a site design or use limitation for the existing property. Such exceptions may be granted provided that i. The property is not part of.a zone reclassification and/or subdivision application; ii. The property has no reasonable altemative site design solution feasible; M. A "Title Notice" is recorded pursuant to 22.130.035 that further identifies likely impacts (such as noise, crowding, loss or relocation of improvements) to the site when the roadway is widened in the future; and iv. The building is located at the greatest setback possible; but in any case shall be no closer than one-quarter (25%) of the required setback from the future acquisition area boundary and shall not be located within the future acquisition area. 3. Landscaping and Parking LANDSCAPING: Significant landscape features, such as trees, shall be located in such a manner that when the roadway is widened in the future a significant portion of such landscaping features, such as matured trees, will not need to be destroyed or relocated. A majority of the trees required in the current . landscaping areas shall be planted eight feet (8 ft) from the future acquisition area boundary within the future planting strip and shall be spaced no less than sixty feet (60 ft) from one another. l ~ PARKING: All on-site parking required by the underlying zone classification shall be located outside the future acquisition area. If no reasonable site design solution complying with parking location requirements. is feasible, exceptions to these requirements may be administratively granted if: a. an existing parcel or lot equals or is up to 5% larger than the minimum lot area of the underlying zone; b. an existing parcel or lot has an existing building proposed for expansion; or c. the sponsor of a new development or redevelopment adequately demonstrates a site design or use limitation for the existing properhy. Such exceptions may be granted provided that: i. The property is not part of a zone reclassification and/or subdivision application; ii. The property has no reasonable alternative site design solution feasible; iii. A "Title Notice" is recorded pursuant to 22.130.035 that further identifies likely impacts to the site when the roadway is widened in the future; and iv. The fewest number of parking stalls is located in the future acquisition area as possible and, in any case, shall contain no more than one-quarter (25%) of the required parking stalls for the site. Ordinance 07-025 Interim Emergency Ordinance re TJDC Page 7 of 9 4. Location of Required-Site Drainage Facilities Adl required 208 andlor surface drainage facilities for the site shall be located outside the future acquisition area. If the sponsor of a new development or redevelopment adequately demonstrates a site design or use limitation for location of such facilities on the existing property, a portion of the drainage facility improvement may be temporarily allowed within the future acquisition area if an interim permit is issued pursuant to the provisions of 22.130.037. The interim permit shall provide for the relocation of the drainage facility to an alternative site by the property owner when the roadway is widened. The permit shall identify the alternate location and the means of relocating the facility. 5. Physical Structures, Improvements and Utilities Physical structures (such as signs, fencing, and architectural features) and improvements (such as site drainage, '208' drainage swales, landscaping, and parking) shall not be located within the future acquisition area unless an interim conditional use permit has been issued pursuant to Section 22.130.037. If permitted they shall be considered "interim" and shall be relocated or removed 1 right-of-way is widened in the future, subject to the conditions of the interim conditional use permit. All developers, agencies and purveyors installing utilities in, adjacent to or across rights-of-way shall show the future acquisition area and- boundary(ies) on construction plans or drawings. Impacts from the future roadway widening and-other relocation cost shall be considered when designing and siting utilities and improvements. Section Ten: SVMC 22.130.037 shall be added as follows: 22.130.037 Interim Conditional Use Permit The Development Service Senior Engineer may temporarily allow, as an interim conditional use, site features or improvements located within or adjacent to the future acquisition area that are in conflict with the provisions of this Chapter, provided that a hardship can be demonstrated and the use can be reasonably conditioned and restricted to ultimately accomplish the intent of this 208 svrales, parking stalls, utilities and signs. Interim Conditional Use Permits shall be issued administratively at or before the time development approvals and permits are granted. Interim permits shall, at-a minimum, specify the temporary or interim use allowed, the conditions of the permit, the provisions for and timing of removal, relocation or installation and the responsibility for the cost of relocation, removal or installation. Any appeal of the administrative decision respecting an interim use shall be heard pursuant to SVMC 7.90 Appeals. All interim permits shall be referenced by a Title Notice pursuant to Section 22.130.035. Section Eleven: SVMC 22.130.039 shall be added as follows: 22.130.039 Parking Lot Travel Lane Connections to Adjacent Parking Lots 1. Travel lanes within commercial and industrial developments shall connect or provide for future connection of existing or future adjacent parking lots of commercial or industrial development. Multiple family developments shall provide similar connections to adjacent multiple family development. Travel lanes shall be designed to allow future expansion of the roadway and retain parking lot circulation between parking lots without requiring vehicles to access the roadway to enter the adjacent parking lot. Commercial or industrial parking lot traffic should not pass through residential parking lots. Site development design which provides for Ordinance 07-025 interim Emergency Ordinance re UDC Paoc 8 of 9 minimum travel lane connections may reduce parking requirements by two parking stalls for each travel lane connection (to a maximum of four stalls). If the sponsor of a new development or redevelopment adequately demonstrates a site design or use limitation for installation of the required travel lanes on the existing property; exceptions to the travel lane requirements may be administratively granted; provided that a. The property is not part of a zone reclassifi cation and/or subdivision application; b. The property has no reasonable alternative site design solution feasible; c. The Development Services Senior Engineer finds that the travel lane and connection location or an interim lack of connection will not negatively impact the present or future function and safety of the parking lot circulation, ingress/egress, the future roadway or roadway network; d. An interim permit is issued under the provisions of 22.130.037 for any required parking stalls that are to be removed in the future, and the permit requires adjacent travel lane connections; and e. A "Title Notice" is recorded pursuant to 22.130.035 that further identifies likely impacts (such as loss or relocation of improvements, features or parking stalls) to the site when the travel lane connection is made in the future. Section Twelve: Severability. If any section, sentence, clause or phrases of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of this Ordinance. Passed by the City Council this 7th day of November, 2007. Mayor, Diana Wilhite (fVy Clerk, Christine ain ridge Approved as to Form: f O ce of the City Attorney Date of Publication: -1/-Ito-Qr2 Effective Date: November 7. 2007 Expiration Date: May 7. 2008 Ordinance 07-025 Interim Emergency Ordinance re UDC Page 9 of 9 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 12-11-07 City Manager Sign-off: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST DATE VOUCHER #Is TOTA.L VOUC.HFR ANIOUii T 11-30-2007 13277-13294; 13293-13363 2,110,533.69 RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Lisa Combs, Accounting Technician ATTACHMENTS Voucher List vchlist Voucher List Page: 1 1113012007 4:14:35PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 13277 11/1912007 000143 CITY OF SPOKANE 00104058 VALLEY TRANSFER 323.32 Total : 323.32 13278 11/27/2007 001566 INVEST NORTHWEST, INC Refund REFUND PERMIT FEES 1,896.91 Total : 1,896.91 13279 11/28/2007 000028 FARMERS & MERCHANTS BANK 1217 CC: MERCIER 77.50 Total : 77.50 13280 11/28/2007 000028 FARMERS & MERCHANTS BANK 1852 CC:_ 1852 2,287.41 Total : 2,287.41 13281 11/2812007 000028 FARMERS & MERCHANTS BANK 4484 CC: PASSMORE 722.63 Total : 722.63 13282 11/2812007 000028 FARMERS & MERCHANTS BANK 5060 CC: TAYLOR 894.45 Total : 894.45 13283 11/28/2007 000028 FARMERS & MERCHANTS BANK 5169 CC: WILHITE 135.00 Total : 135.00 13284 11130t2007 000379 CITY OF SPOKANE VALLEY 11130107 P.C. PETTY CASH REIMBURSEMENT 61.80 Total : 61.80 13293 11/30/2007 000001 SPOKANE CO. TREASURER NOV 2007 NOV 2007 SERVICES 1,220,402.78 Total : 1,220,402.78 13294 11/3012007 000921 A TO Z RENTALS 130285 MANLIFT RENTAL: CP 173.49 Total : 173.49 13295 11/3012007 000958 AAA SWEEPING, LLC 39147 41797 CONTRACT NO. 07-021-VACTORINI 41,309.91 39148 41579 CITY CONTRACT NO. 07-001 SWEE 30,185.09 Tota I : 71,495.00 13296 11/30/2007 001107 ADVANCEDTRAFFIC PRODUCTIONS IOOO622932 41843 GREEN LED LIGHTS 6,267.09 Total : 6,267.09 • Page: 1 l vchlist Voucher List Page: 2 1113012007 4:14:35PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO ~l Description/Account Amount 13297 11/3012007 000150 ALLIED FIRE & SECURITY SVC307071 SERVICE CALL CITY HALL 294.96 Total : 294.96 13298 11/30/2007 001081 ALSCO LSP0319045 MATS: CITY HALL 6420 Total 64.20 13299 11/30/2007 000335 ALTON'S TIRE INC. 6-29355 41868 SNOW TIRES FOR TAURUS AND SI 632.99 6-29395 41868 SNOW TIRES FOR TAURUS AND SI 820.02 Total : 1,453.01 13300 11/30/2007 000334 ARGUS JANITORIAL SERVICE, INC. INV000780 JANITORIAL SERVICE: 12710 E SPF 2,082.17 Total : 2,082.17 13301 11/3012007 001563 ASPCA Refund REFUND DAMAGE DEPOSIT 34.00 Total : 34.00 13302 11/3012007 001012 ASSOCIATED BUSINESS SYSTEMS 175857 COPIES: MAILROOM 2,449.28 Total : 2,449.28 13303 11/30/2007 000030 AVISTA UTILITIES Nov 07 MASTER BILLING 21,693.48 Total : 21,693.48 13304 11/30/2007 001565 BERRETH THOMAS PRINTING 24514 SPRAGUE/APPLEWAY PROJECT 1,829.69 Total : 1,829.69 13305 1113012007 000168 BLACK BOX 140632 VOICEMAIL CHANGE: CD 145.52 141722 PHONE WORK: CP 527.80 141891 PHONE MAINTENANCE: CITY HALL 145.52 Total : 818.84 13306 11/30/2007 000918 BLUE RIBBON LINEN SUPPLY, INC. 8867701 LINEN SERVICE: CP 381.14 8869647 LINEN SERVICE: CP 380.37 Total : 761.51 13307 11/3012007 000815 BNSF RAILROAD COMPANY 10011844 DAMAGE TO RR CROSSING 211.62 10039756 DAMAGE TO RR CROSSING 211.61 10060486 DAMAGE TO RR CROSSING 306.61 10063648 DAMAGE TO RR CROSSING 306.61 Page. 2 vchlist Voucher List Page: 3 1113012007 4:14:35PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 13307 11/30/2007 0OD815 BNSF RAILROAD COMPANY (Continued) 10079435 DAMAGE TO RR CROSSING 58.93 10083461 DAMAGE TO RR CROSSING 411.51 10088505 DAMAGE TO RR CROSSINGS 32.66 Total: 1,539.55 13308 11/30/2007 0009134 BRANCH, CAROLBELLE MILEAGE MILEAGE: VARIOUS MTGS 22.92 Total : 22.92 13309 11/30/2007 001139 CATS EYE EXCAVATING, INC. 277 41831 DRAINAGE MODIFICATION AT PRE 7,205.62 Total : 7,205.62 13310 11/3012007 000101 CDW-G HDL6202 41842 UDC CD PRINTING SUPPLIES 462.30 HHG3900 41864 IT SUPPLIES 151.15 HMP3756 41878 19" LCD MONITOR FOR TAVIS 288.89 HM00946 41886 DVD DRIVE FOR INGA 57.42 IAMS3240 41877 MONITORS FOR MICHELLE SIMPS( 574.70 HMZ4659 41877 MONITORS FOR MICHELLE SIMPS( 142.17 Total : 1,676.63 13311 11/30/2007 000729 CH2MHILL INC. 3626513 41588 CONTRACT NO. 07-011 CH2M PLAP 3,467.92 Total : 3,467.92 13312 11/3012007 ODD968 CHARLEY'S CATERING COMPANY Catering 11108/07 CATERING: ENCOMPASS, INC 139.89 Catering: 10/25/07 CATERING: SERVATRON 259.35 Total : 399.24 13313 11/300007 001048 CITY PARCEL DELIVERY, INC. 100047 COURIER SERVICE COMDEV 63.44 78191 COURIER SERVICE: CD 8.92 Total : 72.36 13314 11/3012007 000109 COFFEE SYSTEMS INC 55143 COFFEE SERVICE: CP 204.19 55192 COFFEE SERVICE: CITY HALL 139.47 Tota I : 343.66 13315 11/30/2007 000035 CORPORATE EXPRESS 172305440-001 41879 CORPORATE EXPRESS (KITCHEN) 550.34 82746903 41855 CORPORATE EXPRESS - CAROLBE 34.78 Paoe: 3 vchlist Voucher List Page: 4 1113012007 4:14:35PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 13315 11130/2007 000035 000035 CORPORATE EXPRESS (Continued) Total : 585.12 13316 11/3012007 000537 DAVID EVANS AND ASSOCIATES, IN 235214 PROJECT: SPKV0000-0011 2,827.00 Total : 2,827.00 13317 11130/2007 000746 EMPLOYMENT SECURITY DEPARTMENI ES 217156-00 2 3RD QTR 2007 U. I. TAX 394.03 Total : 394.03 13318 11/3012007 001232 FASTENAL CO. PURCHASING IDLEW49323 41492 FASTENAL CO. BLANKET PO 6.73 IDLEW49401 41492 FASTENAL CO. BLANKET PO 80.80 Total : 87.53 13319 11/30/2007 001447 FREE PRESS PUBLISHING INC 29654 LEGAL AD: CITY CLERK 157.45 29672 LEGAL AD: CITY CLERK 61.60 29673 LEGAL AD: PARKS 25.00 29674 LEGAL AD: PLANNING 78.00 Tota 1 : 322.05 13320 11/30/2007 001009 GOTHMANN, WILLIAM H. Expenses TRAVEL EXPENSES: NAIL LEAGUI 2,245.39 Total : 2,245.39 13321 11/3012007 000007 GRAINGER 9483012762 41461 GRAINGER BLANKET PURCHASE C 11.29 9489592304 41461 GRAINGER BLANKET PURCHASE ( 21.99 9492607511 41461 GRAINGER BLANKET PURCHASE C 63.89 9495841976 41461 GRAINGER BLANKET PURCHASE ( 14.31 9499796721 41461 GRAINGER BLANKET PURCHASE ( 25.14 Total : 136.62 13322 11/30/2007 000288 INTL CODE COUNCIL 0454535-IN '06 IRC WOOD WALL BRACING 40.80 Tota l : 40.80 13323 11130/2007 000388 IRVIN WATER DIST. #6 112500.0 WATER: 13504 E MIRABEAU PKWY 166.00 Total : 166.00 • 13324 11/30/2007 000864 JUB ENGINEERS, INC. 0049171 41409 CONTRACT NO 06-001, ST MASTEF 6,876.34 Total : 6,876.34 13325 11130/2007 000993 LES SCHWAB TIRE CENTER 291887 WINTER TIRE CHANGE: 32810D 56.47 Page: 4 vch list Voucher List Page: 5 1113012007 4:14:35PM Spokane Valley Bank code : apbank _ Voucher Date Vendor Invoice PO 11 Description/Account Amount 13325 11/3012007 000993 000993 LES SCHWAB TIRE CENTER (Continued) Total : 56.47 13326 11/30/2007 0,00069 MERCIER, DAVID Expenses TRAVEL EXPENSES: NAT'L LEAGUI 1,471.04 Total : • 1,471.04 13327 11/3012007 000132 MODERN ELECTRIC WATER COMPANY 04500-01 UTILITIES: 721 N PINES 96.06 04515-02 COMM LIGHT: 13313 E BROADWAY 43.83 04553-01 UTILITIES: COMM LIGHT 82.45 04556-01 UTILITIES: COMM LIGHT 89.34 04559-01 UTILITIES: 11123 E MISSION 513.55 04562-11 UTILITIES: 11423 E MISSION 106.35 04605-02 UTILITIES: COMM LIGHT 42.73 04639-02 UTILITIES: COMM LIGHT 46.97 04669-02 UTILITIES: COMM LIGHT 58.54 04691-02 UTILITIES: COMM LIGHT 54.13 04732-01 UTILITIES: 100 N BALFOUR 119.32 04745-02 UTILITIES: COMM LIGHT 61.96 04792-02 UTILITIES: COMM LIGHT 63.28 04836-02 UTILITIES: SPRAGUE/MULLAN 65.15 04956-02 UTILITIES: STREET LIGHTS 6,036.90 04971-01 UTILITIES: COMM LIGHT 150.06 06811-02 UTILITIES: COMM LIGHT 62.73 07099-02 UTILITIES: 10701 E SPRAGUE 63.61 07247-02 UTILITIES: TRFC LIGHTS 61.30 07750-02 UTILITIES: PUMP FACILITY 36.51 07850-02 UTILITIES: LIGHTS 55.12 07861-02 UTILITIES: COMM LIGHT 47.36 -08297-02 UTILITIES: 13001 E SPRAGUE 62.51 08343-02 UTILITIES: 10700 E 4TH 75.95 09779-01 UTILITIES: STREET LIGHTS 244.00 09784-02 UTILITIES: 12710 E SPRAGUE 1,283.47 09909-02 UTILITIES: COMM LIGHT 75.68 09910-02 UTILITIES: COMM LIGHT 26.86 09911-02 UTILITIES: COMM LIGHT 70.28 09963-02 UTILITIES: XWALK 34.46 10038-01 UTILITIES: 10001 HERALD 48.00 10039-01 UTILITIES: 9405 WILLOW 29.80 Paqe: 5 vchlist Voucher List Page: 6 1113012007 4:14:35PM Spokane Valley Bank code - apbank Voucher Date Vendor Invoice PO # Description/Account Amount 13327 11/30/2007 000132 MODERN ELECTRIC WATER COMPANY (Continued) 10040-01 UTILITIES: 9614 FARR 29.80 10041-01 UTILITIES: 10112 DARTMOUTH 29.80 10046-02 UTILITIES: COMM LIGHT 43.06 10049-02 UTILITIES: XWALK BROADWAY SC 40.33 Total : 10,051.25 13328 11/30/2007 000132 MODERN ELECTRIC WATER COMPANY 10031-02 UTILITIES: SECURITY LIGHT 12.20 10042-01 UTILITIES: 1402 E 16TH 22.60 10176-01 UTILITIES: 1607 S PINES 22.60 Total : 57.40 13329 11/30/2007 000662 NAIL BARRICADE & SIGN CO 57992 41462 NATIONAL BARRICADE BLANKET F 23.89 Total : 23.89 13330 11/30/2007 000013 NEOPOST, INC. 43803409 POSTAGE METER RENTAL 469.80 Total : 469.80 13331 11/3012007 001035 NETWORK DESIGN & MANAGEMENT 15564 SECURE REMOTE ACCESS RENEV 754.56 15620 NETWORK MAINTENANCE 1,047.00 Total : 1,801.56 13332 11130/2007 000239 NORTHWEST BUSINESS STAMP INC. 65994 STAMPS: CD 271.50 66130 DATE STAMP: OPS 63.53 Total : 335.03 13333 11/30/2007 000058 OCCUPATIONAL MEDICINE ASSOC. A500163 PRE-EMPLOYMENT SCREENING 65.00 Total : 65.00 13334 11/30/2007 000652 OFFICE DEPOT INC. 402455583-001 41840 OFFICE DEPOT 241.76 402455679-001 41840 OFFICE DEPOT 98.45 404706852-001 41836 OFFICE SUPPLIES 118.07 404706852-002 41836 OFFICE SUPPLIES 10.75 404707050-001 41836 OFFICE SUPPLIES 5.13 404895767-002 OFFICE SUPPLIES 5.98 404956013-001 41839 OFFICE DEPOTICAROLINE MC ROE 133.44 405057591-001 41836 OFFICE SUPPLIES 7.76 405058270-001 41836 OFFICE SUPPLIES -14.54 Page: 6 vchlist Voucher List Page: 7 1113012007 4:14:35PM Spokane Valley Bank code : apbank " Voucher Date Vendor Invoice PO # Description/Account Amount 13334 11130/2007 000652 OFFICE DEPOT INC. (Continued) 405630016-001 41850 OFFICE DEPOT - CARRIE ACOSTA 34.92 405632356-001 41850 OFFICE DEPOT - CARRIE ACOSTA 111.31 406124020-001 41853 OFFICE SUPPLIES 208.60 41853 406124269-001 41853 OPTICAL MOUSE 137.11 406124270-001 41853 OPTICAL MOUSE 382.24 406300909-001 41853 OPTICAL MOUSE 16.32 407120108-001 41869 LCD PROJECTOR 1,415.69 407225432-001 41874 OFFICE DEPOT SUPPLIES 194.92 41874 408604723-001 41881 OFFICE SUPPLIES 100.96 408604780-001 41881 OFFICE SUPPLIES 5.35 409143377-001 41882 OFFICE DEPOT - CAROLBELLE 98.14 41882 409298100-001 41887 OFFICE DEPOT - CAROLINE 15.89 Total : 3,328.25 13335 11/30/2007 000832 OXFORD SUITES OF SPOK. VALLEY Refund REFUND DAMAGE.DEPOSIT 56.50 Total : 56.50 13336 11/30/2007 000119 PIP PRINTING INC. 1330039351 #10 BLACK LOGO ENVELOPES 430.34 Total : 430.34 13337 11/30/2007 000577 PLANNING ASSOC OF WA PAW 2008 PAW 2008 INSTITUTIONAL MEMBEI 80.00 Total : 80.00 13338 11130/2007 001089 POE ASPHALT PAVING, INC. 42521 41677 ST & SW MAINTENANCE & REPAIR 30,571.37 42522 41677 ST & SW MAINTENANCE & REPAIR 21,179.20 42523 41677 ST & SW MAINTENANCE & REPAIR 8,817.55 42524 41677 ST & SW MAINTENANCE & REPAIR 27,611.19 42525 41677 ST & SW MAINTENANCE & REPAIR 14,699.07 42526 41677 ST & SW MAINTENANCE & REPAIR 35,239.18 42527 41677 ST& SW MAINTENANCE & REPAIR 1,984.79 Total : 140,102.35 13339 1113012007 000494 PRO PEOPLE STAFFING SERVICES 26.555 -STAFFING SERVICE: CP 1,120.80 Page: 7 vchlist Voucher List Page: 8 1113012007 4:14:35PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO #t Description/Account Amount 13339 1113012007 000494 000494 PRO PEOPLE STAFFING SERVICES (Continued) Total : 1,120.80 13340 11/3012007 000041 PROTHMAN COMPANY 2007-1455 RECRUITING: DCM 627.38 2007-1490 RECRUITING EXPENSES: DCM 481.72 Total : 1,109.10 13341 11/30/2007 000019 PURRFECT LOGOS, INC. 20383 CHAMBERS NAME PLATES 43.28 Total : 43.28 13342 11/3012007 000322 OWEST 509-921-6787 5118 PHONE. MIRABEAU MEADOWS 43.08 509-924-4707 740B PHONES: TERRACE VIEW POOL 97.15 509-926-1840 1948 PHONES: PARK RD POOL 97.15 Total : 237.38 13343 11/30/2007 000952 RECALL SECURE DESTRUCTION, SERV 3901118184 SECURE DESTRUCTION SVC: CD 37.80 Tota I : 37.80 13344 11130P2007004115 ROSAUERS U-CITY INC. 616475 SNACKS 9.00 625591 SNACKS 63.62 Total : 72.62 13345 11 /30/2007 000709 SENSKE LAWN & TREE CARE INC. 1783678 ROUNDUP: CITY HALL 51.04 Total : 51.04 13346 11/30/2007 000726 SHUR KLEEN SERVICES, INC. 67237 41870 SHUR KLEEN 520.00 67258 41870 SHUR KLEEN 445.00 Total : 965.00 13347 11130/2007 000230 SPOKANE CO. AUDITORS OFFICE, REC, 0000334 RECORDING/FILING FEES 96.00 0000363 RECORDING/FILING FEES 47.00 0001217 RECORDING/FILING FEES 92.00 0001328 RECORDING/FILING FEES 135.00 0001794 RECORDING/FILING FEES 207.00 0002026 RECORDINGIFILING FEES 51.00 0002158 RECORDINGIFILING FEES 135.00 0002704 RECORDINGIFILING FEES 41.00 545710 RECORDINGIFILING FEES 101.00 546603 RECORDING/FILING FEES 227.00 Page: 8 vchlist Voucher List Page: 9 11/3012007 4:14:35PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 13347 11/3012007 000230 SPOKANE CO. AUDITORS OFFICE, RECt (Continued) 546727 RECORDING/FILING FEES 143.00 554995 RECORDING/FILING FEES 297.00 Total : 1,572.00 13348 11130/2007 000172 SPOKANE CO. ENGINEER VLY0710 40937 PINES/MANSFIELD PROJECT 8,679.07 VLY0710 ENGINEERING SERVICES 106,979.09 Total : 115,658.16 13349 11/30/2007 000656 SPOKANE CO. ENGINEERS 19109 VERADALE HEIGHTS 052 20.00. 19109 SIPPLE 045 20.00 19138 TRENTWOOD 058 84.30 Total : 124.30 13350 11/30120D7 000499 SPOKANE CO. LIBRARY DIST. 11/02107 PAST DUE PROPERTY TAX PAYME 5,639.95 Total : 5,639.95 13351 1113012007 000001 SPOKANE CO. TREASURER 415OD434 STANDARD HOUSING: OCT 2007 22,929.00 41500448 OCT 2007 GEIGER WORK CREW 4,701.77 Total : 27,630.77 13352 11/30/2007 OD0617 SPOKANE CO. TREASURER 11107107 Liquor LIQUOR TAXES/PROFITS 3RD QTR 4,894.95 Total : 4,894.95 13353 11/3012007 000323 SPOKANE CO. UTILITIES 0153641065364 UTILITIES. 13525 E 24TH AVE 167.77 016631/066631 UTILITIES: 1901 N SULLIVAN RD 27.68 017022/067022 UTILITIES: 105 N BALFOUR RD 78.80 0244331074433 UTILITIES: 906 N PARK RD 78.80 0271291007129 UTILITIES: 12710 E SPRAGUE 42.58 031608-081608 UTILITIES: 11423 EMISSION 255.19 034354/10648 UTILITIES: 606 S PARK RD 62.68 0370591109325 UTILITIES: 13504 E MIRABEAU PKV 62.68 Total : 776.18 13354 1113012007 000898 SPOKANE PROCARE 4077 41593 LANDSCAPING SERVICES 427.88 Total : 427.88 13355 1113012007 000406 SPOKANE REGIONAL CVB Oct 2007 OCT 07 TOURISM MARKETING 14,583.33 Paae: 9 vchlist Voucher List Page: 10 1113012007 4:14:35PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 13355 11/30/2007 000406 000406 SPOKANE REGIONAL CVB (Continued) Total : 14,583.33 13356 11/30/2007 000311 SPRINT SPECTRUM, LP. 0141276664-3 MONTHLY CELL PHONE USE 911.36 0602678198-7 WAP FOR LAPTOPS 420.32 Total : 1,331.68 13357 11130/2007 001083 STANDARD PLBG HEATING CONTROLS 24089 MONTHLY MAINTENANCE: PRECIN 1,431.30 Total : 1,431.30 13358 1113012007 000065 STAPLES BUSINESS ADVANTAGE 3093489017 41871 WALL SCREEN AND WALL BRACKI 166.95 3094014705 OFFICE SUPPLIES: CD 240.94 3094297800 41883 SQUARE FOLDING TABLES FOR Cl 447.92 Total 855.81 13359 1113012007 000419 SUMMIT LAW GROUP 35653 EMPLOYMENT * LABOR ADVICE .1.035.00 Total : 1,035.00 13360 11/30/2007 000497 THE BANK OF NEW YORK 1211/07 Debt Svc DEC 07 DEBT SERVICE-2003 LTGO 390,517.50 Total : 390,517.50 13361 11/30/2007 000676 THOMSON WEST 814781347 LEGAL SUBSCRIPTION 494.64 Total : 494.64 13362 11/3012007 000646 U.S. POSTAL SERVICE, NEOPOST POST Postage Wire Trans REFILL POSTAGE METER 3,010.00 Total : 3,010.00 13363 11/30/2007 000167 VERA WATER & POWER 0001-031971.02 UTILITIES: TRFC EVERGREEN/MIS: 143.85 0001-032805.00 UTILITIES: 15008 EMISSION 21.63 0002-001425.01 UTILITIES: SULLIVAN AREA 179.84 0004-000755.01 UTILITIES: TRFC SIGNALS 176.67 0005-016348.01 UTILITIES: TRFC SIGNALS 68.33 0006-033021.00 UTILITIES: EVERGREEN*6'1'H 23.94 0007-017753.01 UTILITIES: 601 S EVERGREEN 21.06 0016-007780.00 UTILITIES: TERRACE VIEW POOL 149.42 Total : 784.74 13364 11/30/2007 001315 WA ENVIRONMENTAL TRNG CTR REGISTRATION 41800 BASIC ELECTRICAL WETRC WM 295.00 Page: 10 vchlist Voucher List Page: 11 11130/2007 4:14:35PM Spokane Valley Bank code : apbank Voucher Date • Vendor Invoice PO # Description/Account Amount 13364 11130/2007 001315 001315 WA ENVIRONMENTAL TRNG CTR (Continued) Total : 295.00 13365 11/30/2007 000038 WASTE MANAGEMENT OF SPOKANE 0039272-1518-0 TRANSFER STATION: AAA 3,106.21 2021624-2681-3 WEEKLY TRASH SVC: 12710 E SPh 260.17 Total : 3,366.38 13366 11/30/2007 000061 WILHITE, DIANA Expenses TRAVEL TO VARIOUS MEETINGS 824.49 Total : 824.49 13367 11/30/2007 000089 XO COMMUNICATIONS, INC. 0219478427 INTERNET/DATA LINES 1,620.43 Total : 1,620.43 13368 11/3012007 000766 YMCA OF THE INLAND NORTHWEST Oct 2007 2007 YMCA MANAGEMENT CONTR 7,066.00 Total : 7,066.00 84 Vouchers for bank code : apbank Bank total : 2,110,533.69 84 Vouchers in this report Total vouchers : 2,110,533.69 I, the undersigned, do certify under penalty of perjury, that the materials have been .furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid. obligation against the City of Spokane Valley, and that I am :authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Paae: 11 CITY OF SPOKANE VALLEY ~l Request for Council Action Meeting Date: 12-11-07 City Manager Sign-off: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending November 30, 2007 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Gross: $177,601.01 Benefits: $ 96,536.32 TOTAL PAYROLL: $274,137.33 STAFF CONTACT: Raba Nimri ATTACHMENTS DRAFT i& i'VLJTF.S City of Spokane Valley City Council Special Meeting Wednesday, November 7, 2007 Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 127°t' meeting. Attendance: City Staff: Diana Wilhite, Mayor Dave Mercier, City Manager Steve Taylor, Deputy Mayor Mike Connelly, City Attorney Dick Dencnny, CollnCilmember Ken Thompson, Finance Director Dill Gothmann, Councilmember Kathy McClung, Community Development Dir Rich Munson, Councilmember Neil Kersten, Public Works Director Gary Schimmels, Councilmember Mike Jackson, Interim Deputy City Manager Steve Thorley, Senior Engineer Absent: Cary Driskell, Deputy City Attorney Mike DeVleming, Councilmember Karen Kendall, Assistant Planner Carolbelle Branch, Public Information Officer Chris Bainbridge; City Clerk INVOCATION: Deputy Mayor Taylor gave the invocation. PLEDGE OF AT Lr,,GTA.NCE: Mayor Wilhite led the pledge of allegiance. ROLL CALL: City Clerk Bainbridge called roll; all councilmembers were present except Councilmember DeVleming. It was moved by Councilmember Munson, seconded and wraninrously agreed to excuse Councilmember De Irlenring fi°om tonight's meeting. APPttOVAL OF AGENDA: It was moved by Deputy Mayor Taylor, seconded and wianimously agreed to approve the amended agenda. INTRODUCTION OF SPECIAL, GUESTS AND PRESENTATIONS: NIA CONUMITTEE, BOARD, LIAISON SUrATNTARY RrPORTS: Councilmember Schimmels: reported that he recently attended a solid waste board meeting, and will attend a Spokane Regional Transportation Committee meeting tomorrow. Councilmember Denennk: said that lie attended the Regional 1-[ealth District meeting where they passed their budget; that there was an approximate $20,000 shortage of State funds this year and the Committee is examining all available resources. Deputy Mayor Taylor: explained that he attended a Solid Waste Advisory Committee meeting, which is not the same as the .Board meeting. Councilmember Gotlmnann: said that he received an e-mail from Ken Briggs of Spokane Valley Partners reporting that District 81 has given them a suggested draft contract for use of Pratt School, and that Spokwme Valley Partners are reviewing that contract; he also attended a Government Affairs meeting where they beard a presentation from Library Director Michael Wirt and City Planner Scott Kuhta; and that lie attended the Regional Health meeting. Councilmember Munson: explained that at the Spokane Transit Authority committee meeting they discussed an American Public Transportation Association study conducted at the request.of STA, which found that they need to be more aggressive in replacing buses and having enough drivers, and that they plan to purchase Mventy buses to help maintain service; that he participated in it conference call from Council Regular Meeting: 11-07-07 Page 1 of 9 Approved: DRAFT AWC (Association of Washington Cities) Legislative Committee to go over priorities, and added that the Supreme Court for Washington State will announce their decision soon on 1747. i ALAYOR'S REPORT: Mayor \Vilhite reported that she attended the employee recognition dinner; she represented the City at the Fox Theater Opening; and attended a meeting of the Inland Northwest Foundation which is trying to put together a list of attributes they would like to see the region have, and that they discussed how to measure that and get the community involved. Mayor Wilhite then read the Proclamation for "Hunger & Homeless Awareness Week," which was accepted by Kimberly Rasp who expressed her appreciation for the proclamation to increase awareness of the issue of hunger and homelessness. PUBLIC CON VT.ENTS: Mayor Wilhite invited public comment. David Bernhardt. 4307 S Schafer Road: spoke about private road policy considerations versus public roads, and private driveways and gave Councihnembers a handout; Ile mentioned a lack of state statutory warranty, and said the only protection they have are the codes and code enforcements applied to businessmen here; he said there is little tale City could do in his situation;, but there is much to do to protect other residents; and added that standards are not intended to keep honest builders honest, but rather dishonest builders honest. 1. CONSENT AGFNDA: Consists of items considered routine which are approved as a group. A .Councilmember may remove an item from the Consent Agenda to be considered separately. a. Folloxving Claim Vouchers: Voucher List bated 10-22-2007; Voucher #s 127 14 through 13114 for total amount of S I,172;289.29 b. Payroll for Period Ending October 31, 2007: $273,322.50 c. Minutes from October 23, 2007 Regular Council Meeting d. Memorandum of Understanding between City of Spokane Valley and Spokane County Library District to share cost of City Center Master Planning Services It was moved by Deputy jVfayor Taylor, seconded and unoninnously agreed to approve the Consent Agenrda. N:IW BUSINESS: 2. Second Reading :Propwwd Ordinance 07-022. Sunshine Disposal Franchise - Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy rtlfoyor Taylor and seconded to approve ordinance 07-022. Deputy City Attorney Driskell explained that this seven-year status quo franchise ordinance is drafted per council direction, and following adoption of this franchise, staff will present a motion to authorize staff to send notice of termination of the existing tariff, under which the Washington Utilities and Transportation Commission (WUTC) would continue to exercise exclusive regulatory authority and control, and once the process is complete, Council may want to consider authorizing,staff to open negotiations with Sunshine for a replacement franchise containing other or additional terms. Mayor Wilhite invited public commer►t. Bob Evans, 12623 E Broadway, Apt 18: said that he represents Sunshine Disposal; and he questioned the process. Attorney Connelly said negotiations may begin ininiediatel_y on terms and conditions should council so choose. There were no other public comments. Vote by Acclamation: In Favor: V nanimous. Opposed: MOM. Abstentions: none. Motion carried. 3. Second Reading Proposed Ordinance 07-023, Waste Management Franchise - Carv Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded to approve ordinance 07-023. Deputy City. Attorney Driskell said the only difference between this i' Council Regular Meeting: 11-07-07 Page 2 of 9 Approved: DRAFT ordinance and the one for Sunshine, is that Waste Management is residential and commercial, and Sunshine is only comrnere.ial. In response to a question concerning rates, Mr. Driskell explained that the rates will be whatever WUTC determines, as we do not have the ability to change that. Concerning the question of which rate schedule specifically applies to Spokane Valley, Mr. Driskell said he will have to research that question. Mayor Wilhite invited public comment. Bob Evans of Sunshine Disposal, asked if the negotiation includes all services or just commercial, and Mr. Connelly responded that all services are possible, and any distinction would be at Council direction. There were no other public comments. Vote by Acclamation: Ill Fcnjor: Unanimous. Opposed. None. Abstentions: Noire, rllotion carried. 4. First Reading Proposed Ordinance 07-024, Street Vacation S 'f V 04-07 - Karen Kendall After City Clerk Bainbridge read the ordinance title, it was moped by Councilmember A9unson and seconded, to advance Ordinance 07-024 to a second reading. Assistant Planner Kendall explained the proposed street vacation via her PowerPoint presentation. Discussion ensued regarding assigning a value to the land for compensation purposes, with Councilmembers Gothmann and Dencnny voicing an opinion that there is no value to this piece of land, and therefore no need to charge except for the administrative fee. Attorney Connelly explained that pursuant to policy, if Council does not want to charge, specific findings need to be included on the second reading to explain why there would be no charge and why the City would benefit by not charging; as recently adopted policy states to charge 50% of the appraised value, reduced by the amount of the cost of the vacation process, with land value determined by the assessor of adjacent property. It was determined that staff will gather those property assessment figures for the second reading. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Fcn,or: Unanimous. Opposed. None. Abstentions: None. Motion carried. 5. Proposed Resolution 07-018, Collins Road Parl:inl! - Neil Kersten it was moved by Coarncilmember Gothmann and seconded to approve Resolution 07-018, prohibiting the parking of vehicles on Collins Road from 31" to 30`h Avenue. Public Works Director Kersten explained that neighbors have requested expansion of the no parking zone to include the block from 315` to 30`x' Avenue; and explained that there is no traffic safety reason for making this change as according to the school's resource deputy, students are parking north of 32"d Avenue because it takes too long to exit the school parking lot in the afternoon, and that t-he parking lot has adequate capacity. Mayor Wilhite invited public comment. Randy Kenworthy, 3021 S Collins: said he appeals to council's empathy; that this is a problem with parking and with garbage, and is a loitering issue as well, and said that the street sweepers can't get the streets clean to the curb due to the parked vehicles. There were no other public comments. Deputy Mayor Taylor mentioned that lie is uncertain if this will solve the problem, as we could be addressing the synnptonns and not the root cause, and that if possible, he would like the Police Chief to discuss this issue with the Student Resource Officer concerning minors smoking. Vote by Acclamation: In Favor: Unrnniinous. Opposed: None Absientions: None. kfotio,v carried. 6. Motion Consideration: Lodc_,int! 'l'ax Grant Allocations -Deputy i<'Iayor Taylor Deputy Mayor Taylor explained about: the lodging tax fund and mentioned the committee's recommendations as shown on the November 7, 2007 Request for Council Action, ridding that the request from the Chamber will be considered at a later date before a full committee, not for any additional presentation, but for additional consideration by the Committee. It was moved by lVlayor Wilhite and seconded, to approve the following Lodging Tar: Grant Allocations. (1) .Spokane Fair and Expo ,x"30, 000; (2)Spokane Regional Convention & Visitor's Bureau S306,000; (3) Spokane .Regional Sports Commission $145,000, with $20,000 to be held during 2008 for Sports Commission strategic reserve purposes; (4)' Valleyfest $30,000; (5) CenterPlace S90,000; and Spokane {Finery Association S8,300; for a total allocation of $609,300. A4ayor Wilhite inviled public comments. Christine Cochran. 16114 E Broad Avenue: explained that she is the Director of Operations at the Best Western; she extended thanks to Council for funding allocations to the Central Visitor's Bureau and Council Regular Meeting: I ]-07-07 Page 3 of 9 Approved: DRAFT Sports Commission; but encouraged Council to re-visit the amounts as she said those entities deserve to be funded as requested. She mentioned that she has issue with (lie Chamber's request going back to committee when other did not; and also has concerns about the winery's allocations as several wineries have a self-guided tour through the .vineries, which encourages people to drink and drive. Dan Zimmerer, 16609 N Fairview, Colbert: explained that he is here on behalf of the Spokane Hotel./Motel Association; that they represent approximately forty hotels in Spokane and Spokane Valley; that hotels work hard to earn the lodging tax dollars; and he appreciates council's efforts and council being good stewards in allocating funds; and lie requested that the entities show practical data for their request:; or that Council issue those funds to those who have a proven track record of bringing money back to hotels. Jodi Sanders, 101 10 N College Road: said she works for Sterling Hospital, Holiday Express and Valley Suites; silo supports what was allocated; and asked that we make sure funds arc being used for the correct purpose each year. Harry Sladich, 2808 S Park Spokane: he thanked Council for the grant; said lie appreciates the hotel partners asking snore for them: and he gave some statistics concerning the large increase in room nights in the Spokane area, and of the overall increase in funds in the community. Eric Sawyer. Spokane Regional Sports Commission. 801 W Riverside: he mentioned that there are lots of good things going on; and lie sees some headway regarding developing and securing facilities for this region; he mentioned some past and some upcoming events such as the National Cross-Country Championships held at Plantes Ferry complex scheduled for next year; and the Valley Girl triathlon held in Liberty Lake, and said he appreciates council's support. There was brief Council discussion concerning the work of the Committee members and of Deputy Mayor Taylor, of the funds in reserves, and that other areas have shown an increase in tourism when they have held winery tours. Vote byAcelarnation: In Favor: Unanimous, Opposed: None Abstentions: Name. Alotion corriecl. 7. Motion Consideration: Approval of JUB Change Order - Neil Kersten It was moved by Deputy AWayor 7aylUr and seconded to approve the change order to J-U-8 in the amount of 5196,000 for the updating of the 2007 Street Afaster.flair. Public Works Director Kersten explained the updated cost: as per the attached maintenance and update estimated fees exhibit attached to the draft agrecment. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: III Favor: UrrCtlrirrtous. Opposed: None Abstentions: Alone. Motion carried 8. Motion Consideration: Barker Road Bridge. Aesthetics - Neil Kersten Engineer Worley explained that the Barker Road Bridge Project is close to being completed and the final plans and specifications are being prepared so the project can be put out to bid; and that one element of the bridge project is the desire for aesthetic treatments that tie to the Spokane River/Centennial Trail activities, and Mr. Worley showed some sketches of local artist Sami Perry as preliminary concepts for bridge treatments. After Mr. Worley went through his PowerPoint presentation showing the options for treatment, along with examples of what had been done in other areas, lie mentioned that the cost estimate for the bridge project at the 90% design level is $9,985,161; and that staff will work to keep that below $10 million for federal funding purposes. Mr. Worley said that these estimates do not include any aesthetic treatments; and anticipates that there would be two funding levels, one for the bridge, and the other for aesthetics, and that the aesthetics would be city-funded. COUnCllmember Munson sUL(1OSted keeping the aesthetics on the inside of the bridge so people can see them instead of on the outside where Council keeular Meetin-: 11-07-07 Page it of 9 Approved: DRAFT very few s;'ould see it; and to reduce the proposed number thereby making the bridge seem less ",busy." Councilmernbers Denenny and Gothmann agreed. Mayor Wilhite invited public comment. Ms. Sarni Perry, 11717 E. View Ridge Lane, spoke of other areas' attempts to include artwork on the bridge, that Liberty Lake was successful in that endeavor, and that she would like us to consider this to be an example to other cities to show how to help create a healthy community through public art. Council discussion included mention of custom inlays for the abutments on the inside and a couple on the piers, and to have this separate from the other part of the bridge project, total budget amount for the art work, the preferred `wave'' pattern, and of the desire not to do anything to jeopardize the bridge grant. It was moved by Councilmember A4unson and seconded., to approve the aesthetic improvements to the bridge with imrprovernents on the side and on the outside on the caps or piers, for a maaimurn cost of $74,000. Vote by .Acclamation: In Favor: Mayor Wilhite, and Cototcihnembers Schimmels, Denenny, Gothinann, and rlVfrmtson. Opposed.- Deputy Mayor Taylor. Abstentions: None. Motion carried. Mayor Wilhite called for a recess at 7:55 p.m. and reconvened the meeting at 8:05 p.m. 9. Motion Consideration: CTED ReZional Collaboration Grant- Scott Kuht.;r Community Development Director McClung said that the City was selected by the Washington State Department of CornmUnlit:y, Trade and Economic Development (CTED) to receive a Competitive growth Management Planning Grant in the amount of 5150,000 as per the accompanying October 29, 2007 letter from CT613, and that once successful, staff will work on drafting interlocal agreements related to the annexation issues. It was proved by Deputy Afayor Taylor and seconded to accept the Competitive Growth Management Act Planning Grant in the amount of $150,000, which was submitted along with other cities and municipalities as a collaborative grant proposal to the Department of Comamunity, Trade and Economic Development. Mayor Wilhite invited public comments; no comments were offices. Vote by Acclamation: to Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 10. Motion Consideration: Notification to Washington Utilities and Transportation Commission - Cary Driskell It was moved by Deputy Mayor Taylor and seconded to authorize sigff to send a letter to the Washington Utilities and Transportation Commission notifying them of the termination of the existing, Tariffs for Waste Management and,Siinshine Disposal, and the adoption of Ordinances 07-022 and 07-023. Mr. Driskell explained that this motion is in connection with the two previously adopted ordinances, and that the "seven-year" clock will start: upon the effective date of the ordinances, which will occur five days after those ordinances are published as per statute. Mayor Wilhite invited public comment; no comments were offered. Vote bvAcclamatiorr: In Favor: Unanimous. Opposed: Alone. Abstentions: Alone. Motion carried. 11. Mayoral Appointment: Cable Advisory Board -Mayor Wilhite It was moved by Deputy R4ayor Taylor and seconderd, to corrfrm the ellayor's appointment of Douglas Wollon to the Spokane -Regional Cable Advisory Board for a term beginning immediately and expiring December 31, 2009. Mayor Wilhite said that it has been difficult to find people to serve on this board, that she spoke with Ntr. Wollan and appreciates his level of interest, and NVrould be pleased to have him appointed to this Board. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclammation: In Favor: Unanimous. Opposed- None. Abstentions: Alone. Motion carried Council Regular Meeting: 11-07-07 Page 5 of 9 Approved: DRAFT 4~1~ ;i'.►oi~i~seil:Ttiicr`~encv anteuni_Ordinnnce`07-02~`rlincndin~ St~ettlit~Se~rioris.of UD:C Titics-l-9~ 22:util:Appcndis ri I)efinitinnt ~Mikc ~;ouncll~~ Ater City Clerk Bainbridge read the ordinance title, it was moved by Deputy iWayor Taylor and seconded to suspend the rules acrd approve interim emergency ordinance 07-025 amending specific sections of the Uniform Development_ Code Titles 19, 22, and Appendix A definitions. City Attorney Connelly explained that this is a proposal to pass an interim emergency ordinance, which also sets a public hearing date of December 11; and that such action will keep things at status quo until the hearing; that a section Nvas added to address accessory dwelling units, that the ordinance will cover an omission of setbacks, and will also include specific language as to future acquisition areas; that staff has drafted a proposed ordinance which would prevent any dramatic change from the status quo until there is an opportunity to review those affected UDC title sections; adding that passage of the emergency ordinance will require a majority plus one. After brief discussion on some of the proposed changes, Mr. Connelly stated that staff also proposed adding the reference RCW 35A.63.220 to section one and two. Deputy1VAayor• Taylor amended his motion to reflect that addition. Mayor Wilhite invited public comment; no comments were offered. Vote to amend the motion: In Favor: Unanimous. Opposed: Alone. Abstentions: None. rVfotion carried. Vote on the amended motion, to suspend the rules and approve interim emergency ordinance 07-025 amending specific sections of the Un form Development Code Titles 19, 22, and Appendix A definitions, and to add RC W- 35A.63.220 to Section One and Tivo.' In Favor: Urrallimous. Opposed- None. Abstentions: None. Motion carried. 7 7 116 1&6 iiiit .Considci atton. At ti e.llant's' Motion to. Cbntinue..Dafe :for Auneal:;Hcarine__= 1VIik ~Conncll~% ' . Deputy Mayor Taylor said that lie spoke with our legal department concerning recusing himself on this issue because of a possible or perceived conflict of interest due to his employment; and that while he doesn't know Mr. Walker, lie and Mr. Walker are members of the Association of Realtors, and that although Mr. Taylor feels he is not biased on this matter, lie recognizes the process must be fair and must also appear to be fair, and to ensure that, Mr. Taylor said lie will recuse himself at this time. Deputy Mayor Taylor left the dais at 3:30 p.m. City Attorney Connelly explained that Council will be acting in a quasi-judicial capacity; that the appellant has requested a continuance of the November 19 hearing date by a.Novernber 2, 2007 letter filed with city clerk; and that the date of the request was the date the appellant's brief would have been due. Mr. Connelly said Council has authority to continue the hearing if they feel the argument is persuasive; and he stated that the applicant has waived any objection to an extended hearing. Mr. Connelly Ourther explained the procedure fir filing appeal briefs, and suggested if the hearing were continued to November 27, that the appellant's brief due date would be noon November 9, with the respondent's brief clue by the following Friday at moon; and 'Mr. Connelly said that he spoke with both attorneys regarding that possibility. Councilmember Gothrnann disclosed that he lives in the Ponderosa area but not close to this area in question; that lie knows Ms. Cooperstein and that they worked together on some projects; and when he began his Council term lie made an agreement with the people in Ponderosa that they would not discuss any issues dealing with anything that could be perceived as a possible conflict of interest. Mayor Wilhite invited Ms. 13jordahl, attorney representing the applicant and the appellant; to the podium. Stacy Biordahl, 422 W Riverside, Suite 1100, said she represents the applicant and the appellant; she stated that this issue pertains to the denial of a forty-five lot subdivision in the Ponderosa; and that they voice their objection to any participation by Mr. Gothrnann due to his residency in the neighborhood and upon the issues that would be presented in the hearing, and that his history of the neighborhood may present a prejudice; and asked if prior to the hearing perhaps some action could take place. In response to Councilmember NILinson's question on the options in this instance, City Attorney Connelly said that the Council Regular Meeting: 11-07-07 Page 0 of 9 Approved: DRAFT 1 objection is noted, and if he chooses, Mr. Gothmann can discuss the matter with legal counsel later. Ms. Bjordahl explained the lengthy process up to date; she mentioned the sixteen to eighteen hours of testimony over a four-day hearing, which resulted in 6,000 to 8,000 pages of record; she mentioned that she was on vacation and did not have notice of the meeting setting the hearing (late and discovered upon her return, that the hearing was set for November 19; that if they were to follow the ordinance concerning the policy for appeals, her brief would have been due on the 2"d of November, which, she stated, is an unreasonable time frame in which to submit such brief. Ms. Bjordahl stated that the record closed June 19 and a decision was not rendered until August; and with the aforementioned in mind, she asked that a hearing date not be set any time before 2008; that she recognizes Council will be in transition and she feels otherwise they would not be keeping with procedures or due process. She stated that as the appellant, they have the burden of proof, and that due process needs to be afforded to them. Ms. Bjordahl also said she waives any titne constraints for making a decision, and asked for a hearing date in 2008. Tamara Murock. on behalf of Ponderosa Association: stated that there was no objection at the time Council set the hearing for November 19; that the appellant's request for a continuance was made last Friday, two plus hours after the appellant's brief was due; that the brief is optional and the appellant still has the right to present the case on November 19. Ms. Murock stated that the Association believes they will be prejudiced if a continuance is granted and will object as the motion was brought forth at such a late date. She said that the City Attorney Connelly courteously supplied a copy of the entire procedural ordinance to both counsels, and in that ordinance the appeal process is stated; that deadlines were met by the Hearing Examiner on preparing the transcript, Council met their deadline in setting the hearing date, and she is ready to meet her deadline as well and is prepared to submit her brief this Friday. Ms. Murock stated that City staff sent prior written notice to the appellant`s counsel advising when the meeting would take place wherein Council would set the hearing date; and even though Nis. Bjordahl was out of town, she could have sent a letter expressing her desires concerning the appeal hearing date. Ms. Murock also explained that if the hearing is moved to 2008, there are personal reasons ,and family medical reasons which could render Ms. &Iurock not being available for a hearing in 2008; that counsel has had three years to be prepared for this; and only a select relevant: portion of the record and not the entire record is necessary to prepare the brief, and that she asked Council to enforce the rules and not grant preferential treatment to counsel. After discussion concerning the waiving of the timelines in this matter, and that an extension could be made for the filing of the briefs without moving the hearing until 2008, it was moved by Cotmcilntetnber Mtmson, seconded and unanimously agreed to reschedule the hearing to November 27 at 6:00 p.trt. Mr. Connelly said lie will speak with both counsel regarding the scheduling of the briefs, and that Ms. Ijordahl will submit her brief by noon Friday November 9, and APIs. Murock's response brief will be due by noon Friday, November 16. It 14YIS moved by Councilmember Denenny, seconded and tinanimously agreed to extend the meeting to 9:30 p.m. Deputy Mayor Taylor returned to the meeting and to the dais. PUBLIC COMMENTS Mayor Wilhite invited public comment:; no comments were offered. ADATENISTRATWE REPORTS: 12. Proposed County Animal Control Ordinance- Naney Hill Ms. Hill explained that the purpose of tonight's presentation is to discuss the proposed County Animal Control Ordinance, and to seek Council's input on these matters. Ms. Hill said that there has been no significant increase in related fees in many years; and that prior to this proposed increase actually going into effect, a notice will be issued; she explained that the Senior's rate will be a $5.00 discount; and that i~. there are some funds from a grant received from the ASPCA to help notify the public once these changes are enacted. She also mentioned that they are planning to have an insert in the property tax bill, and a Council Regular Nleedag: 11-07-07 Page 7 of 9 Approved: DRAF"C' local marketing firm is donating their professional designed piece to help promote pet licensing. Ms. Hill said she is working toward a regional approach, and that she and Mr. rmicio are working on an interlocal for that purpose. Nis. Hill explained that she spoke to the City of Spokane about joining in the standardizing of fees; and will resume those discussions after the election. She also stated that the boarding fees will be increased as will the regular trip and the emergency trip fees. In response to Council questions about veterinarians notifying us when they treat unlicensed pets, Ms. Hill said the Vets association is upset about being asked; and that she does not want to alienate the veterinarian community; and that the people who go to the vets office are likely the more responsible pet owners; but she added that the Vets object to being forced into -a situation which might affect their patient confidentially. Mr. Driskell added that if that criteria were included in our interlocal, it would make that document substantially different from the County's interlocal, and while there is room for minor variations, there could be problems in not having the same criteria regionally. Councilmember Munson asked if we would have the option of adding to the County requirements, and Mr. Driskell said he could research that, but. recalls that one of the reasons for the interlocal was to have a regional approach. Mr. Mercier stated that he recalled that the Board of County Commissioners was discussing a base licensing fee, and if other ,jurisdictions wanted to add something, it would be a local option; but that we would have to check the agreement.. Councilmember Munson also asked about requiring a license for people who sell puppies, but that the draft discussed not acquiring a license until (lie animal is six months old; adding that he feels we are missing an opportunity not to license the puppies. Ms. Trull said the typical age of licensing is six months old, that many people who raise puppies only ]seep one puppy, that the fee requires it license at twelve months old, and said that the license is not transferable; it is for the pet owner and does not follow the pet should the pet be sold or given to another owner. Mr. Mercier reminded Council that the purpose of Ms. Hill's presentation tonight is to solicit input from our Council to take back to the Board of County Commissioners. Councilmember Denenny said that lie feels the ordinance: demonstrates a lack of animal control, and he asked about enforcement procedures to handle such things as howling, barking dogs. Ms. Hill explained the procedure for addressing the problem and contacting the owner to work with them to find a solution, how they log calls; and issue citations, but that they do not have the authority to remove a dog and to change a "barking dog" citation from an infraction to a misdemeanor, as that would take significant legislation. After further discussion concerning owner appeal process, dangerous dogs, SCRAP's staffing levels, the desire for more strict enforcement, the possibility of having larger fee increases, a registration process for dog breeders, and the need to consider the level of service being provided, Mayor Wilhite said she will articulate these issues in a letter to the Board of County Commissioners for their consideration in addressing this ordinance. It was moved by C'ouneiltneinber Munson and seconcled to extend the meeting to 10:00 p.m. In Favor: Deputy AAyor T6;vlo1', and Councilmembers S'chiannels, Denenny, Gothmann and Munson. Opposeck Mc vor Wilhite. Abstentions: None. Agotion curried. 13. Community Re-licensing (Driver's License) Cali, Driskell/Howard.Delaney Deputy City Attorney Driskell introduced Spokane City Prosecutor Howard Delaney to discuss the community re-licensing program. Mr. Delaney quickly went through his PowerPoint presentation which explained the process of the program, and mentioned that the application for a City grant of about $6,500, is due November 26. It ivas moved by Deputy jW(0jor Taylor, secondecl, and unanimously agreed to authorize staff to subnut a, joiiat ,7-011t application with the City of Spokane, to the Washington State Off ce of Public .Defense Contracts for funds to operate the corrrnrunity relicernsirig prosn•ant. Mayor Wilhite had invited public comment and there were no comments offered. it was mentioned that if we are successful in this grant application, a motion to accept the grant can be placed on the December l 1 consent agenda. Council Regular Meeting: 1 1-07-07 Page R of 9 Approved: DRAFT 14. Aviation Ordinance Discussion - Mike Connelly In the interest of time, there was Council consensus to move this agenda item to another council meeting. 15. Billboard Lease - Carv Driskell In the interest of time, there was Council consensus to move this agenda item to another council meeting. i15a: City.li anagee Comrttciits:=Dave. tiierc~er, Mr. Mercier explained that he was asked to provide an update concerning the Pines tMansfiield project, and lie said that we continue to seek one additional piece of right-of-way and when that is cleared, we can move forward with the completion of the design and put the project to bid. Concerning that project, Mr. Mercier said that Council awarded the A_ppleway bid a few weeks ago, and that there was a pre- construction conference meeting at which time the contractor decided to delay the project's start until next spring; and said that it will likely be completed by September or October next year. Mr. Mercier said in other cornments, that Council generally considered annually whether to authorize the Mayor to review the employment contract with the City Manager and make any necessary amendments thereto. It was then proved by Deputy Mayor Taylor, seconded, and unanimously agreed to authorize Mayor Wilhite, on behalf of the City Cow?cil, to update and execute the employment agreemew with the City !Manager. Mr. Mercier also mentioned that they will schedule an hour for the November 27 hearing, which gives each attorney twenty minutes to speak and allows Council discussion time, and that deliberation can begin after the hearing or at another date as Council deems appropriate. INFORMATION ONLY: The Greater Spokanc, Incorporated Third Quarter 2007 Report, and the Spokane Regional Site Selector Activity Report were information only items and not discussed. EXECUTIVE SF...SS 010 ; and Aeq isition-i- Pendin 4 ''a ion. There was no executive session. There being no further business, it was proved by Cozincilmember Munson, seconded, and tnranimously agreed to adjourn. The meeting adjourned at 9:50 p.m. ATTEST: Diana Wilhite, Mayor Christine Bainbridge, City Clerk Council Regular Meeting: 11-07-07 Page 9 of 9 Approved: DRAFT MINUTES City of Spokane Valley Special Joint Meeting/Study Session Spokane Valley City Council/Spokane Valley Planning Commission 6:00 p.m. Tuesday, November 20, 2007 Attendance: Councilmembers Staff' Planning Commissioners Diana Wilhite, Mayor Dave Mercier, City Manager Gail Kogle, Chair Steve Taylor, Deputy Mayor Mike Connelly, City Attorney Fred l3eaulac Mich Munson, Councilmember Greg McCormick, Planning Manager Marcia Sands Dick Denenny, Councilmember Scott Kuhta, Long Range Planner Bob Blum Mike DeVleming, Councilmember Steve Worley, Senior Engineer Gary Schimmels, Councilmember Micki Harnois, Associate Planner Absent. Bill Gothmann, Councilmember Kathy McClung, Comm. Development Dir. Dave Crosby Neil Kersten, Public Works Director John Carroll Ken Thompson, Finance Director Ian Robertson Greg Bingaman, IT Specialist Chris Bainbridge, City Clerk Others in attendance: Michael Freedman and Hiroyuki Sasaki of Freedman Tung and Bottom ley 1. Call to Order and Welcome: Mayor Wilhite 0' Mayor Wilhite called the meeting to order, welcomed everyone, and then gave Councilmembers and Planning Commissioners an opportunity to introduce themselves; after which Mr. Kuhta introduced the speakers for the meeting: Michael Freedman and I-liro Sasaki. Mr. Kuhta also announced that CDs of the Corridors Subarea Plan are available tonight for members of the public, and said that the Plan will be on the City's website soon. Mr. Kuhta said if members of the public wish to purchase hard copies of the plan, that contact information will be on the website, but he cautioned that the hard copy is expensive. 2. Presentation by Michael Freedman Mr. Kuhta explained that there have been three separate drafts of the subarea plan; that March of last year we reviewed the consultant's recommendation to the City and provided feedback, which was incorporated into this draft; and that this City/Consultant recommendation will go forward for public hearings and workshops, which will result in a final draft incorporating all recommended changes to proceed forward for Council's adoption consideration. Mr. Kuhta said this Plan needs to be consistent with our Comprehensive Plan and any inconsistencies will likely result in amendments to the Comprehensive Plan. Although we recently adopted the Toning, it could change upon adoption of the subarea plan; and tonight's purpose, he continued, is to orientate everyone on how the subarea plan works; and to introduce the three "books" that constitute the Plan, and said that tonight's focus will be on Books I and Il. Mr. Kuhta explained that there will be no public comments tonight but there will be ample opportunity for that as we move through the process as tonight's goal is to receive Council/Commissioner feedback. Mr. Kuhta also mentioned that Book TIT is still evolving, and there arc several issues that will be re-worked prior to presenting that book to Council for adoption consideration, as well as determining how to incorporate everything into the Plan. Mr. Kuhta explained that further transportation analysis will be forthcoming from Glatting Jackson; but they are waiting for the new model run from Spokane Regional Transportation Council (SRTC), which figures are anticipated this or next week. Once those figures are received, Mr. Kuhta explained, Glatting Jackson will re-confirm the analysis and perform cost estimates Council Regular Meeting: 1 1-20-07 Page l of4 Approved: DRAFT on the recommended transportation changes, which should take about one and one-half months to complete; which will be followed by another study session for those transportation recommendations. Mr. Kuhta stated that everything seems to be moving forward as necessary regarding the library. Michael Freedman: NU. Freedman went over the highlights of Books i and 11, and explained that the Subarea Plan was established in response to the community's desire to "reverse the visual and economic decline of the Sprague and Appleway corridors, restore the beauty and vitality of these corridors, and instigate the creation of the City of Spokane Valley's first City Center." He said the planning process includes a series of numerous public workshops and focus groups, that they spoke with stakeholders, auto dealers, and citizens in those groups and community workshops but had little opportunity to speak with the Planning Commission and Council, and tonight is the opportunity to have that discussion to ensure that the document they bring for hearings has the desired content. He said the plan has many dimensions, is a "state of the art" plan so may appear unfamiliar, but if Council or Commissioners have any concerns or if anything is not clear, Mr. Freedman wants to hear those concerns, and those concerns can be addressed to Scott Kuhta who will forward them to Mr. Freedman. Mr. Freedman explained that the Plan includes three books: Book I"is the Community Intent which serves the basis for the regulations and describes the goals and strategies to achieve those goals; Kook 11 contains those development regulations which includes directing land use and development on privately owned properties located within the Plan area; and Book III is the City Actions section, which describes what the City will do as resources allow, to make that Community intent effectively happen. Mr. Freedman summarized Book I as the vision and key concept approved by Council for the revitalization of the corridors implemented by the plan; that this is the section which states what it is we intend to do; what the corridor was and how it became what it is today, and how it changes over time. It states the goals and memorializes what was there so we can compare what was and what is needed, and he added that a successful plan will make the Plan obsolete and needed to be updated. He also cautioned everyone to keep in mind that the drawings represent only the kind of place we want and the kind of character envisioned; the story and intent are told in pictures and words and include the strategies to make the physical outcomes happen, which forms the basis for the regulations and planned city actions contained in Books If and I.I. Book 11, explained Mr. Freedman, contains the development regulations; lie said that this is new territory and these regulations implement Book i; that the land use and development regulations will govern all the private development that will occur within the Plan area; that the development standards are mandatory and not negotiable, and he said that is essential as we don't want to make exceptions as word gets around that people can do what they want, and if that occurs, it changes the entire direction. He said the design guidelines are discretionary, have lots of detail, and deal with aesthetics with lots of recommendations on how buildings might be designed. Mr. freedman stressed that the Corridor zoning system is different from what we are used to; he mentioned the existing zoning categories like. community commercial and commercial mixed use, and briefly explained about the zoning organization. NIr. Freedman explained that the Plan contains no photographs; but only technical line drawings to describe exactly what the regulations are; as pictures sometimes are too controlling and could contain unintended information leading to confusion. Mr. Freedman explained about the regulatory features and district zones. Required public frontage along Sprague Avenue was also mentioned, and Mr. Freedman said the Plan envisions change over time with staged improvements; he mentioned the traffic changing from one way to two ways, from five to seven lanes, and said that the Plan assumes that all the future changes will be made, but if it turns out later that those changes won't work, such as changing the number of lanes, those can be re-addressed. Mr. Freedman said that Book ii1, City Actions taken by the City, will be the main subject of the next study session, to complement private investments and achieve the objectives of the plan; that Kook III Council Regular Meeting: 1 1-20-07 Pagc2 of4 Approved: DRAFT contains no regulations as all those regulations are contained in Book II. At the front of Book 111, Mr. Freedman stressed that it is crucial to remember that "Given the substantial length of the corridor and the multiplicity of needs represented, this program will need to be implemented in phases over an extended period of time in accordance with the availability of City Resources" and "As opportunities arise that were not known at the time of this Plan's adoption, the City may consider alternative investment strategies and projects to more effectively realize the community vision for the Sprague and Appleway Corridors." [page 85 of the Flan, emphasis added] Mr. Freedman stressed that we can't know everything when you adopt a plan, that things change, markets shift, and the plan needs some flexibility, and he said they intend to react intelligently to those unexpected things. Mr. Freedman said there will be lengthy discussion in the next study session about staged improvements, and that he is pleased to report that all the transactions necessary for the library are on track, as the library is an important part of this Plan. Mr. Freedman said that the preliminary plan which was presented for review the last time he was here, as resulted in modifications made and said that Hiro will discuss specific changes that occurred to the City and Library. Hiro Sasaki: Mr. Sasaki explained that they received lots of positive feedback on the overall layout, on the public open space and connecting open space and on the location of the library building and the City Hall building; that. in particular they examined the library parking issues expressed previously and have refined the Plan to solve the parking issue for the library by relocating the Dartmouth Road from its current location, to the cast.; that the relocation gives the library more parking spaces. Mr. Sasaki said that the parking lot for City Hall would be in the same block as City Hall, as before people had to cross Dartmouth to get to the City Hall parking lot, and with the relocation of the road to approximately 150 feet east from the current location, crossing Dartmouth won't be necessary. In summary; Mr. Freedman said Book 11 illustrates what kind of development a developer could develop; that Book III is different and represents a new game plan for exactly the kind of design desired; that the regulations provide that the city center will actually be a city center; that he gave a preliminary introduction to the books of the flan, and he encouraged Council and Commissioners to make a list of issues for the next study session. Discussion then ensued regarding existing buildings, reassuring that people will have a right to continued existence and no one will be forced out; that only properties called out in the City section constitute the City Center Core site; that there is nothing in the Plan to instigate change in any properties; that the Plan exceeds the requirements of the GMA; the idea of form based codes and Mr. Freedman's history and references. overhead utility and undergrounding utilities and that at this point utilities are not addressed and that Mr. Freedman's company does not cover all disciplines and there will be many very important issues to be reviewed by City Staff and others such as police and fire; designing the area as pedestrian friendly; that the development regulations do not regulate public civic buildings but those civic buildings punctuate the fabric of the City by being special; and that City Hall and the Library should be landmarks. Imminent domain was brought up, and Mr. Freedman said that they recommend that cities try to stay completely away from using imminent domain to force somebody out; that the political will, energy and enthusiasm needed to do a city center generally ends up drained by any controversy of forcing someone out; and that they endeavor to work on plans that combine city actions, incentives, capital improvement stimulus and market focus that harness the power of free market and stay away from forced private development, which is not the same as road development. Further discussion included Mr. Freedman talking about transitions between districts; and that there is such a conglomeration out there now that they want to make sure all new investments add to more market focused center segment, and he pointed to pages 16 and 17 of the Plan that show where districts start and stop. Concerning auto dealers, Mr. Freedman said if dealers are not physically in the "auto row" area, the plan supports them where they are, and added that the regulations and street improvements for auto row Council Regular Meeting: 11-20-07 Page 3 of 4 Approved: DRAFT are fundamentally geared to auto sales; and said that without being too heavy handed, they would encourage all new investments in auto sales to go to the auto row, as it is larger and has more % opportunities for investments, and an excellent way t:o keep them competitive is to keep them together. Mr. Sasaki added that regarding larger facilities for the auto dealers, maximum block size is determined by district zone, with four acres as the maximum lot size, and that the plan discusses this more on page 43 where it states that `Yo maintain the accessibility provided by the block structure of the corridor, existing public streets or alleys may not be closed permanently unless the closure is part of the provision of a network of new streets that satisfy all street regulations." It was also noted that there is nothing in the Plan addressing billboards, which Mr. Freedman said could be an oversight, and that he will be interested to hear what Council and Commissioners think about that; and if they desire, Mr. Freedman can work with staff on billboard recommendations. Mr. Freedman said that to make the city center happen; they need to upgrade the image and identity of the corridor; that others have held information workshops for stakeholders, and they understand that staff is interested in trying to do the public workshops to "keep the heat on and move it forward" but not delay the plan while offering workshops for stakeholders and investors to make them understand the way it works. Mr. K.uhta added that they are scheduling upcoming meetings and have distributed a list of proposed workshops leading up to the hearings. Mayor Wilhite added that if members of the public are interested in being placed on an e-mail listing, to please contact staff. Concerning a question about any reluctance from the development community in adhering to these changes, Mr. Freedman said developers generally don't push back, their incentive is to find out what are the rules and see if they jive with the market, and that they want as much detail as they can get on all the rules; and if there is any pushback, it generally comes from the planning desk as something this unique and unfamiliar can be confusing, and he stressed the need for planning staff workshops; -and said perhaps those workshops can be added to the upcoming schedule. There being no further business, Mayor Wilhite thanked Mr. Freedman and Mr. Sasaki for tonight's presentation, and thanked staff and said that Council looks forward to getting back with them for comments and recommendations. The meeting adjourned at 7:58 p.m. ATTEST: Diana Wilhite, Mayor Christine Bainbridge, City Clerk Council Regular Meeting: 11-20-07 Page 4 of 4 Approved: >r~IZarT • i~'lil~r[J`t'.ES City of Spolcane•Valley City Council Regular Meeting Tuesday, November 27, 2007 Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 1280i meeting. Attendance: City Staff., Diana Wilhite, Mayor Dave Mercier, City Manager Dick Denenny, Councilmember Mike Connelly, City Attorney Mike Devleming, Councilmember Mike Jackson, Deputy City Manager Bill Gothmann, Councilmember Ken Thompson, Finance Director Rich Munson, Councilmember Greg McCormick, Planning Manager Gary Schinunels, CotuIcilmember Neil Kersten, Public Works Director Kathy McClung, Community Development Dir Absent: Karen Kendall, Assistant Planner Steve Taylor, Deputy Mayor Cary Driskell, Deputy City Attorney Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk INVOCATION: Pastor Goodwin of Millwood Community Presbyterian Church gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Wilhite led the pledge of allegiance. ROLL CALL: City Clerk Bainbridge called roll; all councilmembers were present except Deputy Mayor Taylor. Mayor Wilhite said that Mr. Taylor has recused himself from tonight's hearing,.with the plan to join the meeting later. APPROVAL OF AGENDA: It was moved by Cowwilniernber Gotlunann, seconded and wianinvotcsly agreed to approve the agenda as submitted INTRODUCTION OF SPECIAL GUESTS A_iq) PRESENTATIONS: N/A COMAPUTTEE. BOARD, LIAISON SUNM'IARY REPORTS: Councilmember Gothmann: mentioned he attended the National League of Cities (NT_C) conference last week; and one of the workshops included information about contemporary trends in local government including the technology impact on govertunent, such as e-mail and on-line applications. Councilmember ?Yfunson: said he participated in the Association of Washington Cities (AWC) on-going sub-committee dealing with streamlined sales tax where they continue to have problems in solving identification tracking to ensure the tax would be properly distributed; he also attended a public discussion on the STA (Spokane Transit Authority) budget, and mentioned members of the committee were surprised to learn that one of their properties is being considered as a possible future jail site; he mentioned that about a month ago, we sent the board of County Commissioners a letter asking them to identify or designate UGA.'s (Urban Growth Areas) that are on our borders, but that as of today, there has been no response; and that he also attended the NILC Conference, and a workshop on ethics. Councilmember DeVlemin~: said that he has been doing his "goodbye tour" of his committees; and has been reading materials to prepare for tonight's meeting. There were no other Councilmember reports. MAYOR'S REPORT: Mayor Wilhite reported that she also attended the NTL•C Convention in New Orleans; and while there went on several tours of the area, and that she is amazed at the amount of re- ~ i Council Regular Meeting: 11-27-07 Page I of 7 Approved by Council: DRAk"T building that is still needed after the hurricane; and she mentioned the importance of having good communication and a plan for emergencies. PUBLIC CONIWNTS: Mayor Wilhite invited public comment; no comments were offered. 1. APPEAL ]TEARING: L•andworks Appeal, Quasi Judicial. Closed Record Hearing - Mike Connelly Mayor Wilhite opened the "closed record" hearing at 6:11 p.m. and invited City Attorney Connelly to speak. Mr. Connelly explained that tonight Council holds the scheduled and noticed closed record hearing for the J,andworks Development appeal; he explained that the process allows twenty minutes for oral argument from the appellant, and likewise from the party in opposition to the appeal; that oral argument should refer to the record; that the allotted time includes the combined time used by a side for opening argument, rebuttal and surrebuttal; and that at the close of the hearing portion, Council may deliberate immediately, or move into executive session if members of Council have legal questions; or the deliberation can be continued to another date if Council feels it cannot reach a decision tonight; all of which will be followed at a subsequent meeting, for adoption of formal findings of fact: Attorney Connelly said a motion to supplement the record was filed yesterday, and that motion from Attorney Bjordahl has been provided to Council. Mr. Connelly said he reviewed the motion and the materials sought to supplement the record, and lie recommends that the request does not meet the criteria set forth in the allowance; that there are only two circumstances which allow for submission of supplemental material: that there are grounds for disqualification of the Hearing Examiner when such grounds were unknown by the appellant at the time the record was created; or there were matters improperly excluded from the record or were outside the jurisdiction of the Hearing Examiner. Mr. Connelly said that since we are discussing the review made by the same Hearing Examiner, he feels there is no argument fora remand. Before proceeding with the hearing in chief, Mr. Connelly said we can hear from the moving party to expand the record, and then from the other party to rebut. In response to question, Mr. Connelly said the twenty minutes does not apply concerning the motion to supplement the record. Stacy Blordahl, 422 W Riverside. Suite 1100, speaking on the motion to supplement: Mr. Bjordahl explained that this matter is the sequel to the Ponderosa Ridge PUD; and the motion is to include a copy of the decision rendered November 13, 2007 by the Washington State Court of Appeals which affirmed the Hearing Examiner decision on the Ponderosa Ridge PUia. She stated that it is significant to include that the Hearing Examiner decision relies heavily on, and the record majority consists of, the Ponderosa Ridge documents; that the Hearin- Examiner relies heavily on the evacuation study prepared for the Ponderosa Ridge PLJD and devoted ten to twelve pages of his Findings Of Fact on that; and that she feels this is important that the Court of Appeals be entered as part of the record as it relates to those issues; and since that appeal and proceeding is a matter outside the jurisdiction of the City's Hearing Examiner, the supplementation of the record should be allowed under the Spokane Valley Municipal Code 10.35,150(t)(3). Tamara Munich, representing Ponderosa Properties J-lomeowners' Association, 720 S Howard 99201: Ms. Murock said the Association concurs with the opinion of the City Attorney and feels the request to supplement is not appropriate; and that Spokane Valley Municipal Code 10.35.150(l)(a) states that any request that the record be supplemented "shall submit" such request within fourteen days of the date the appeal hearing was scheduled; that this is mandatory as it states "shall" submit, and Ms. Nlurock said we are already beyond that; and that she would object to the supplementation. City Manager Mercier stated that the question before Council now to consider is whether to accept the City Attorney's opinion that the record should not be supplemented. It was moved by Councilmember llqunson rind seconded, limit we accept the CilyAttorney'.s opinion that we not .supplement the record. `fo Council Regular Meeting: 11-27-07 Page 2 of 7 Approved by Council: D12AFT address his motion, Councilmember Munson stated that he feels the supplemental material will not add that much to the argument, and that Council has enough information to make a decision, and he would like to move forward with the closed record appeal. After further brief Council discussion, including mention that there is voluminous mention in the record concerning the Ponderosa Ridge development, Council voted by acclamation on the motion to accept the City Attorney's opinion that we not supplement the record: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Attorney Connelly explained that now is the time for Council to hear the argument from the appellant and respondent; and he urged both attorneys to refer to the record, and in mention of specific documents, to include page numbers if appropriate, so Council will know exactly what document they are referencing. Mayor Wilhitc reminded the Attorneys that they each have a total of twenty minutes for presentation and rebuttal. Stacy Bjordahl: Said she speaks on behalf of Landworks Development, and said her main emphasis or focus is on the rules; she explained the process of the issue of how they began several years ago and of what: they submitted. She stated that: at that time, our staff made a determination based on the evidence, that the project is consistent with the Comprehensive Plan and with zoning, but that the Hearing Examiner threw out the rules and denied lie project based on his arbitrauy new rule concerning neighborhood evacuations in that those must: occur within thirty minutes of the tirne it was determined such evaluation was needed. Ms. Bjordahl said there is no standard about a thirty-minute evaluation policy; and that the Hearing Examiner erroneously, and outside his authority and jurisdiction, made such law. She said that lie relied on comments from the First District and a letter from the Sheriff's Office, none of which were specific to this project but were to the Ponderosa 'Neighborhood as a whole. Ms. Bjordahl then highlighted some of the Hearing Examiner's findings to demonstrate that the record supports that this project should be approved: finding #152 concerning the City adopting by reference the Spokane County Road Standards; Finding #156, 9163 and 4165 where the applicant prepared and submitted a J transportation traffic impact analysis which found the area complied with all the City's rules and regulations; Finding #167 that the City Engineer certified that the proposal met all the transportation concurrency regulations; that the Fire District has conditions of approval but none required the applicant: to construct a third access into* the neighborhood; and that Findings 4190 and 199 states that Hearing Examiner examined the city road standards and said they are not intended to the area wide neighborhood; but she stated, if the Hearing Examiner made such findings, she questioned how he concluded that in the absence of any rule or regulation, that the provisions must provide for emergency access. Mr. 1jordahl also mentioned that Todd Whipple stated there is no standard, and that he arbitrarily elected a thirty- minute standard and made conclusions that the Ponderosa be evaluated within thirty minutes, which Ms. Bjordahl stated, is irrelevant as there is no such City standard. Mr. Bjordahl stated that Finding 9210 states that evacuation is not the preferred method, that the Fire District would not evacuate but would use emergency shelters instead; and that the Hearing Decision is not supported by city staff recommendations to approve the project on the City's own adopted rules and regulations. Concerning the rezone, she explained that there was a request to rezone the property from UR. 3.5 to UR 7*, that the density is consistent with UR3, but they sought to rezone as that would allow narrower lots and greater flexibility and also preserve the wetland; but she said this project does not exceed density of the 3.5 and is within the acceptable range; and that concerning the wildlife study, the Hearing Examiner erred when he went against the recommendation of staff to require the applicant to hire a wildlife biologist to determine if there were any impacts to deer. Ms. Bjordahl said she reserves the 4.5 minutes for rebuttal. Tamara Murock: Ms. rMurock, speaking on behalf of Ponderosa Property Homeowners' Association, said that the Hearing Examiner decision is presumed correct and the appellant must overcome that presumption; that the record reflects that Fire Districts 1 and 8 over many years expressed disapproval of continued development without a third public access; that this recommendation is supported by the Sheriff's Office, which is responsible for evacuating citizens in case of emergency; that the record Council Re;ular Mecting; 11-27-07 Page 3 of 7 Approved by Council: DRAFT contains numerous examples cited of the inadequate number of access/egress roads; and that the appellant argues that this is an area-wide problem with no standard. Ms. Murock cited section 1.03.1 of the City Road Standards which addresses the need for adequate road access; and section 12.400.122 of the City's interim ordinance which addresses public safety; that under State statute in this planning process, the City must inquire into the process to ensure appropriate provisions are made for the streets, and citizens' safety and welfare. Even without that; she explained, the City's interim Comprehensive Plan provides these standards and rules. Ms. Murock said there are many applicable standards and rules upon which the Hearing Examiner denied this proposal; that the Hearing Examiner-did not act outside his authority, and his denial is consistent with prior land use decisions on this property. Nis. Murock explained that in 1992 and 1993, sponsors attempted to re-develop and both of those preliminary plats and rezones were denied by the Board of County Commissioners due to insufficient public access in the Ponderosa, with the specific finding that public health and safety would be jeopardized. She further explained that the Hearing Examiner specifically addressed previous rulings and concluded that this proposal concluded it does not make adequate provision for public health and safety; that Tire District 8 has no jurisdiction over this site but Fire District 1 does, and Fire District 1 testified that they still need to consider evacuation and shelter, and have performed a study which is in the record that states that shelter is not preferred and should never be the sole planning tool to local enforcement and fire personnel, but rather should be a fall- back in case of lack of time to evacuate. Concerning the rezone, Ms. Murock said under Washington law one must prove that the conditions have changed since the original zoning or implements the policies of the Comprehensive Plan; that the Hearing Examiner denied the rezone which is consistent with the 1992 and 1993 denial of the rezone for seeking even lesser density. That concerning the wildlife issue, when the area was developed in 1999 or 2000, wildlife biologist Larry Dawes was hired to analyze the impacts of development associated with adjacent wildlife areas; and-found that the wildlife area or travel corridor, which is the entire west portion, is restricted by an easement; and that there is substantial evidence on this in the record, including that there is a 115 foot protecting easement butting against the wetland located in the center of this proposed site, and corridors and casement are used daily by migrating deer. Ms. Murock said that the Critical Areas Ordinance is in place to protect wildlife areas and interconnect corridors, and that the proposed project will obstruct the wildlife route. She stated that the wildlife expert forgot he designated those corridors on the adjacent property; but explained they should have been considered; that the City, along with the Department of Fish and Wildlife were not initially aware of these easements, but after being made aware, their existence should have been disclosed during the application stage and honored. Ms. Murock ended by stating; that tlue appellant has not met the burden under the standards. Rebuttal by N-Is. Biord ►hl: Ms. Bjordahl stated that this property was originally in the Country within an Urban Grown Area OJGA) boundary; and when the City incorporated this property was included in the City limits; that it went through the Comprehensive Plan process and was found to be an area appropriate for urban residential development; and a determination was made to develop for single family homes within it certain range; and asked for the ability to subdivide the land that already had been determined appropriate for this use and density. Nis. Bjordahl further stated that the record reflects ingress or egress into the Ponderosa, but that the Hearing Examiner only talks about egress and not ingress. As noted in the brief, she stated there is a third emergency road which was put in place in 2002 to provide access for fire, but the Fire District wanted a better third access; and summarily dismissed that third access. Ms. Bjordahl explained that the evacuation study contained an arbitrary standard adopted by NIr. Whipple, as there is no thirty-minute standard adopted by the City in terms of evacuation; and no evacuation standard at all. She stated therefore that the Hearing Examiner performed his own analysis of the evacuation plan; that sLiff reviewed the project, and found it complied with all rules and regulations which the City had enacted, and therefore, she asks Colmcil to affirm the recommendation of city staff and reverse the decision of the Hearing Examiner. City Attorney Connelly said that the hearing portion has now concluded, and Council can deliberate now or can adjourn into Executive Session if Council has legal questions. Attorney Connelly also reminder! Council Regular Meeting: 11-27-07 Page 4 of 7 Approved by Council: DRAh'T Councilmembers that they are sitting as "judge" of this issue and cannot discuss the matter: and should Council call for a recess, members of the public should not approach Council on this issue or ask questions of them. Mayor Wilhite closed the hearing at 7:07 p.m. After City Attorney Connelly explained Council's options, to affirm the Examiner's decision; or reverse the decision or remand if for further proceedings if the appellant has carried the burden of establishing that the examiner engaged in unlawful procedure or failed to follow a prescribed process, that the decision is an erroneous interpretation of the law; that the decision is not supported by evidence that is substantial when viewed in light of the entire record, that the decision is a clearly erroneous application of the law to the facts; or that the decision is outside the authority of the Examiner; and that Council shall adopt written findings and conclusions in support of its decision. Councilmembers concurred to move forward tonight with deliberation. Mayor Wilhite called for a brief recess at 7:11 p.m., and she resumed the meeting at 7:19 p.m. 2. COUNCTi., DL.LYBERATION: Landworks :appeal - Mike Connelly It was moved by C'ouncilnrember Munson and seconded, to affirm the Hearing Examiner's decision. Mr. Munson said lie feels Council should accept staff's assessment of the situation, and that he believes the appellant has not met any of the items noted previously by Mr. Connelly that had to be. proven; and further that he doesn't want the Ponderosa to be subject to disaster. Council discussion included the question of the thirty-minute evacuation, and that they feel the Hearing Examiner was not relying on that thirty minute time frame, but on the overall safety concern of the neighborhood; that there is significant amount of data to uphold the theory that the Ponderosa should have more exists and abundant evidence to show that the Hearing Examiner did not err in his decision concerning access; that the mention that the Hearing Examiner was using the thirty-minutes as a standard is not support by the record; that the traffic study was analyzed and found to be inadequate; that Mr. Whipple',; testimony of record is confusing and doesn't answer the question; and that the appellant has not made the case concerning unrestricted access for animals to get through; that the applicant's wildlife issue perhaps could be remanded back to the applicant to revise; that the Hearing )Examiner denied the rezone so as not to relax the development standards for the preliminary plat; that Council complimented the applicant on doing the development to protect the wetlands; and that another road is justified before allowing additional development. Councilmember DeVleming also mentioned that while the streams, groundwater, wildlife traffic plans and escape route are all important, they don't constitute all the issues in that neighborhood; and there arc other concerns like getting bussed in to fill classrooms; that for some this is an issue of wanting another house; that he feels more can be accomplished if we get down to the issues: that the area is not safe; yet if it wasn't safe, why aren't people moving out of there, and why would a developer want to invest any money to build houses if no one will buy houses if the area is not safe. Councilmember DeVleming said that. the Sheriff's Office said during that: last fire storm, for people to get out but people went back up to get other cars and animals, and that based on the I•fearing Examiner decision, he feels the Hearing Examiner went outside his authority on this. It was moved by Co uric ilmernber Munson and seconded to call the question. Vote by acclamation on calling the question: In Favor: C ouncilmembers Schinvnels, Denernry, DeVleming, Gotlnnann and Munson. Opposed. Agayor Wilhite, Abstentions: None. Motion carried. Vote by Acclamation on the motion to affirm the Ilearirr~__ Fxcurriner•'s Decision: In Favor: Alayor kVilhite, and Councilrrrenabers Schinnnels, DenenrT Gothmann and Munson. Opposecl: Councilmember DeVleniin . Abstentions: Arore. Motion carried Council Regular i feeting: 1 t-27-47 Page 5 of 7 Approved by Council: DRA T Mayor Wilhite asked Attorney Connelly to bring findings to Council for formal adoption at a subsequent meeting. 3. CONSENT AGENDA.: Consists of items considered routine which are approved as a group. A Councilmember may remove an item from the Consent Agenda to be considered separately. a. Following Claim Vouchers: Voucher List Dated 10-16-2007, November 15, 2007 b. Payroll for Period Ending November 15, 2007: $191,889.94 c. Property Lease Agreement with \NrE.13 Properties It was moved by C'ourncibnnember Munson, seconded and unanimously agreed to approve the Consent .Agenda i'VF ' 13USL1''1f;SS: 4. Second Reading Proposed Ordinance 07-024, Street Vacation STV 04-07 - Karen Kendall After City Clerk Bainbridge read the ordinance title, it was moved by Mayor Wilhite and seconded that Council adopt ordinance 07-024 as amended with regard to item 5 in the amount of $1,258.11 to be paid to the City. Planner Kendall briefly explained the ordinance per her Po~%,erPoint, and mentioned the added language in the ordinance to address the compensation issue. In response to Councilmember DeVleming's questions about a paved section of the road which was paved prior to the vacation being granted, Ms. Kendall said that pern►ission was granted from the Planning Department to do that paving, that the site plan process bean in 2006 and it has taken this long to get through the two-stage process- C) that this small area was designated and had already had interested development, and to make the area more marketable for setback reasons, the paving was approved; and as part of the road widening effort, that it was possible that some right-of-way dedication was required but they ended up not needing that strip, and she stated that we usually don't offer compensation for that. Mayor Wilhite invited public comment; no comments were offered. In response to a question from Councilmember Munson on whether staff spoke to landowners to see if they were willing to pay, Ms. Kendall said she spoke with the owner from E&S Development who said he was unable to attend tonight's meeting, and that he was impartial if he had to pay or not. Councilmember Denenny said he struggled with the cost issue, and feels putting it back on the tax rolls would be appropriate, thereby allowing the area to be nicely developed; Councilmember Gothmann concurred; adding that it appears there is no reason to retain possession of this area, but many reasons to have the developer obtain possession. It was then moved by Councihnember Gothmanm and seconded to amend the ntotion to exclude paragraph So and section 5 c in red, which references payment to the city. Councilmember Munson suggested Council move forward with caution as they are setting precedent.; and City Manager Mercier remarked that Council adopted policy that states we will seek compensation; and that if Council is disquieted over that policy and wants to reconsider it, or is uncertain of what direction to give staff regarding potential compensation; that perhaps it would be more healthy to schedule that reconsideration. Councilmember DeVleming said that he doesn't want to deny the ability of charging, and hopes staff will in future vacation requests, explain the potential of being charged as Council will make individual decisions. Councilmember Denenny added that he wants the option to determine if land has a market value. Councilmember Munson called for the question. Vote by Acclamation on calling the question: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried vote by acclamation on whether to amend the motion: In Favor: Councilmentbers Schimmels, Denenny, Gothmannn, Munson and DeVleminng. Opposed: Mayor Wilhite. Abstentions: Alorne. Motion carried. Mayor Wilhite invited public comuiient; no comments were offered. Vote by Acelaunation on the amended motion to adopt Ordinnonnce 07-024 and to exclude paragraph 5a and section S c in red, which references payment to the city: In Favor: Counncilnnembens SchinnmelF, Dernennv, Gothmann, Afunnsonn and DeV"lenninng. Opposed.' Mayor Wilhite. Abstentions: None. Motion curried. Council Regular Nleetin~: 11-27-07 Page 6 of 7 Approved by Council: DRAFT 5. Mayoral Appointment: Spokane Regional Clean Air Agcney - Flavor Wilhite It teas proved by Councilmember Dek7enring and seconded to confirm the Mayor's appointment of Deputy Mayor Steve Taylor to the Spokane Regional Clean Air Agency. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried It was noted that the term will run January 1, 2008 through December 31, 2010. PUBLIC COA'liVIEY S Mayor Wilhite invited public comment; no comments were offered. none ADN UNISTIYATRTE It PORTS: 6 Governance Manual Update - Councilmember DeVleminQ Councilmember DeVleming gave the annual review of the proposed changes in the Governance Coordination Manual as shown in the redline version of the document. There were no objections to any of the proposed changes; and it was determined for Exhibit A-3 to add the language of "calling the question" and have that recommendation for motion approval remain with a simple majority. Councilmembers DeVleming and Denenny remarked about the discussion held in drafting the language for the new Section 7 of the resolution amending the core beliefs, and Council concurred with the changes and agreed to place these resolutions on the next Consent Agenda for formal approval. It was moved by Councilmember Munson, seconded and unanimotisly approved to excuse Deputy Mayor Taylor from tonight's meeting. Mayor Wilhite mentioned that since Mr. Taylor recused himself from tonight's public hearing, he attended a public hearing held before the Board of County Commissioners. INFORMATION ONLY: These three items were for information only and were not discussed 7. License/Registration Process Update - Chris Bainbridge 8. Contract Settle and Adjust-Morgan Koudelka i 9. Paperless Agendas - Chris Bainbridge EXECUTIVE SESSION: Land Acquisition; Pending Litigation. It was moved by Councilmember Gotlunann, seconded and unanimously agreed to extend the meeting to 9:15 p.m. It was then proved by Councilmember Denenny, seconded and unanimously agreed, to enter into Lxecutive Session for the purpose of discussing land acquisition and pending litigation, for approximately 30 minutes, with no action anticipated thereafter. Council adjourned into Executive Session at 8:35 p.m. At 9:03 p.m., Mayor Wilhite announced Council out of Executive Session. .11 was moved by Councihnember Munson, seconded and nmaninnously agreed to adjourn. The meeting adjourned at 9:04 p.m. ATTEST: Diana Wilhite, Mayor Christine Bainbridge, City Clerk J Council Regular ibleeting: 11-27-07 Page 7 of 7 Approved by Council: F CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 12-11-07 City Manager Sign-off- Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Resolution 07-019, Amending Resolution 03-027 Core Beliefs PREVIOUS COUNCIL ACTION TAKEN: At the November 27, 2007 Council meeting, as part of Council's annual review of the Governance Coordination Manual, Council also determined to revise their Resolution of Core Beliefs, which is added to the Governance Manual as anExhibit. At the November 27, 2007 Council meeting, Council agreed to the proposed changes and concurred that this resolution should be placed on the next Council's consent agenda for approval. j RECO-MMENDED ACTION OR MOTION: Motion to approve Resolution 07-019, Amending Resolution 03-027 Core Beliefs BUDGET/FINANCIAL IMPACTS: STAFF/COUNCIL CONTACT: Councilmember DeVleming ATTACHMENTS Governance Coordination Manual R.edlinc Version URA Vr CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 07-019 AMENDED GENERAL POLICY RESOLUTION OF CORE BELIEFS A RESOLUTION OF THE CITY OF SPOKANE VALLEY AMENDING RESOLUTION 03-027, ESTABLISHING A GENERAL POLICYRESOLUTION EMANATING FROM THE CORE BELIEFS OF THE CITY COUNCIL AND COIvIMUNITY AND SETTING FORTH DUTIES OF BOTH ELECTED AND APPOINTED OFFICIALS OF THE CITY TO HELP GUIDE LEGISLATNE AND EXECUTIVE DECISIONS TOWARD EFFECTIVE, RESPONSIVE, AND OPEN GOVERNMENT WHEREAS, the City Council of the City of Spokane Valley, as the elective legislative body, is charged with promulgating Ordinances and Resolutions which become the law of the city; and WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and in harmony with, all other applicable federal and suite statutes and regulations; and WHEREAS, the City Council desires to provide a clear set of general policy guidelines for the conduct of city government; Section 1. Modifying Resolution 03-027 as set forth below by adding new section 7. The remainder of the resolution 03-027 is unchaneed: NOW, THEREFORE, the City Council of the City of Spokane Valley does hereby affirm and resolve that the following core beliefs shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City Government. Section 1. We believe that Spokane Valley should be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. Section 2. We believe that elected body decision-making is the only lawful and effective way to conduct the public's legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making. Section 3. We believe in the City Council as policy leaders of the City. One or more City Councilmembers are encouraged to take the lead, where practical, in sponsoring Ordinances or Resolutions excepting quasi-judicial or other public hearings and the statutory duties of the City Manager as set forth in RCW 35A.13.020. Section 4. We believe in hearing the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonable rules of procedure when the public business is being considered, thus giving elected officials the broadest perspectives from which to make decisions. Section 5. We believe that the City of Spokane Valley's governance should'be known as "user friendly,' and that governance practices and general operations should consider how citizens will be served in the most responsive, effective and courteous manner. Resolution 07-019 Amending Corc Beliefs Resolution 03-027 Page 1 of 2 DRAFT' Section 6. We believe that the economic and commercial job base of the community should be preserved and encouraged to grow as an alternative to increasing property taxes. We believe it imperative to have an expanded and diverse economic base, Section 7. We believe that Councilmembers set the tone for civic discussion and should set an example by: (a) Setting high standards of decorum and civility. (b) Encouraging open and productive conversation amongst themselves and with the community about legislative matters. (c) Demonstrating respect for divergent points of view expressed by citizens, fellow ~Councilmembers and the staff. (d) Honoring each other and the public by debating issues within City Hall and the Community without casting aspersions on members of Council, the staff, or the public. (e) Accepting the principle of majority rule and working to advance the success of "corporate" decisions. Section 8. We solicit the City Manager's support in conducting the affairs of the city with due regard for: (a) Promoting mutual respect between the Citizens, City staff and the City Council by creating the organizational teamwork necessary for effective, responsive and open government. (b) Providing the City Council and public reasonable advance notice when issues are to be brought forward for discussion. (c) Establishing and maintaining a formal city-wide customer service program with emphasis on timely response, a user-friendly atmosphere, and an attitude of facilitation and accommodation within the bounds of responsibility, integrity, and financial capability of the city, including organizational and job description documents while pursuing "best practices" in customer service. (d) Seeking creative ways to contain or impede the rising cost of governmental services, including examination of private sector alternatives in lieu of governmentally provided services. (e) Providing a data base of future projects and dreams for the new City of Spokane Valley so that good ideas from its citizens and leaders are not lost and the status of projects can be readily determined. Approved by the City Council this I la` day of December, 2007. ATTEST: Diana Wilhite, Mayor Christine Bainbridge, City Clerk Approved as to form: Office of the City Attorney Resolution 07-019 Amending Core Beliefs Resolution 03-027 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meetinb Date: 12-11-07 City Manager Sign-off: Item: Check all that apply: (5(~ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Resolution 07-020 Amending Resolution 06-022 Governance Manual PREVIOUS COUNCIL ACTION TAKEN: Council annually reviews the Governance Coordination Manual to determine if there is a need to make any changes. This item, in redline form was submitted 'November 27, 2007 for Council review and discussion. At that time, Council concurred with the proposed changes and agreed to place the Resolution on the next Council's consent agenda. L/ RECOMM)f N"D D ACTION OR MOTION: Motion to approve Resolution 07-020 Amending Resolution 06-022, Governance Manual. BUDGEWINANCIA.L IMPACTS: STAFF/COUNCIL CONTACT: CouncHmember DeVleming ATTACHiMENTS' Governance Coordination Manual Redline Version t CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASH-rNGTON RESOLUTION NO. 07-020 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING THE COMPREHENSIVE COLLECTION OF MEETING RULES, COORDINATION PROCEDURES, AND. ADMINISTRATIVE PUBLIC T-EARINiG PROCEDURES, OTHERWISE KNOWN AS TIU. "GOVERNANCE COORDINATION MANUAL." WHEREAS, the City Council aclaiowledges that all Council meetings must be open to the public; and WHEREAS, such meetings should be responsive to the public and carried out efficiently and uniformly to promote public participation; and WHEREAS, written rules of procedure best assure an atmosphere conducive to said efficiency and uniformity and help assure that no member of the Council or public will be embarrassed in the exercise of his or her right of Gee expression; and W.14ER,EAS, the rules and procedures adopted by the Council need to be amended from time to time. NOW TI [EREFOR.E, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. On May 13, 2003, Council adopted Resolution 03-028, establishing rules and procedures for conducting public hearings and meetings; including the May 13, 2003 "'City of Spokane Valley Governance Coordination Manual." Section 2. On May 25 2004, Council adopted Resolution 04-013, repealing and replacing the previously adopted City of Spokane Valley Governance Coordination Manual of May 13, 2003. Section 3. On September 13; 2005, Council adopted Resolution 05-021, repealing and replacing the previously adopted City of Spokane Valley Governance Coordination Manual of May 25; 2004. Section 4. On November 14, 2006, Council adopted Resolution 06-022 repealing and replacing the previously adopted City of Spokane Valley Governance Coordination Manual of September 1.3, 2005. Section 5. The Council hereby repeals the "City of Spokane Valley Governance Coordination Manual" dated November 14, 2006, and replaces it with the "City of Spokane Valley Governance Coordination Manual" dated December 11, 2007, which is attached to this Resolution as Attachment A, and which is incorporated herein by reference. Section 6. Effective Date. This Resolution shall be in full force and effective upon adoption. Adopted this 1 i day of December 2007. City of Spokane Valley ATTEST: Diana Wilhite, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Resolution 06-022 Governance Manual CITY p6koane S4;0OValley Governance Coordination Manual Resolution 07-020 Attachment A A Comprehensive Collection of. Meeting Rules, Coordination Procedures, Administrative Public Hearing Procedures, and Applicable References from the Revised Code of Washington Adopted December 11, 2007 Resolution 03-023 adopted 5-13-2003, replaced by Resolution 04-013 adopted 5-25-2004, replaced by Resolution 05-021 adopted 9-13-2005, replaced by Resolution 06-022 adopted 11-1.4-2006, replaced by Resolution 07-020, adopted 12-11-2007 Governance Manual 1 TABLE OF CONTENTS ARTICLE I - COUNCIL NFEETINGS 4 1.01.1 Council Meetings - Time and Location 4 1.01.2 Council Meetings - Open to the Public 1.02 Election of Officers ................................................................................................................4 1.03 Presiding Officer 5 1.04 Mayor/Council Correspondence 5 1.05 Quorum 5 1.06 Attendance, Excused Absences ..............................................................................................5 1.07 Special Council Meetings ........................................................................................................5 1.08 Council Material 5 1.09 Council Packets ......................................................................................................................6 1.10 Council Meeting Agenda / Consent Agenda / Amended Agendas 6 1.11 Approaching the Dais.. 6 1.12 Study Sessions and Workshops 6 1.13 Council Travel Provisions 7 1.14 Telephone Tree 7 1.15 "Three Touch Principle'' 8 1.16 City Manager 8 1.17 City Clerk - Minutes - Public Information Access 8 1.18 City Staff. -Attendance at Meetings 8 ARTICLE 2 - DUTIES AND PRIVTLECES OF MIEMBE112S ...................................................................9 2.01 Respect and Decorum 9 O 2.01 A Forms of Address 9 2.02 Seating Arrangement 2.03 Dissents and Protests ..............................................................................................................9 2.04 Filling Council Vacancies ARTICLE 3 - COUNC17a PROCEDURES ..................................................................................................9 3.01 Rules of Order ........................................................................................................................9 3.02 Motions and Discussion 10 3.03 Order of Business (including Executive Sessions) 10 3.04 Adjournment Due to Emergency or Disruption 12 3.05 Permission Required to Address the Council .......................................................................12 3.06 Voting and Tele/video Conferencing 12 3.07 Enacted Ordinances, Resolutions and Motions 14 3.08 Ordinances ..............•..............................................................................................................14 3.09 Resolutions ...........................................................................................................................15 3.1.0 Reconsideration ....................................................................................................................15 3.11 Legislative Process, Preparation, Tntroduction and Flow of Ordinances, Resolutions and Motions 15 3.12 Complaints and Suggestions to Council 3.13 Photographs, Motion Pictures, Video 'rape Permission Required for Artificial Illumination .............................................................................................16 Governance Manual 2 TABLE OF CONTENTS, Continued ARTICLE 4 - COi tiNT.I'T'TEES, BOARDS &c.COMAIISSIONS 16 4.01 Committees ..........................................................................................................................16 4.02 Council Relations with Boards, Commissions and Council Citizen Advisory Bodies........ 17 ARTICLE 5 - RELATIONS R'TTU CI'T'Y MANAGER a ADWNI;INTSTRA'TiON .................................17 5.01 Role of the City Manager 5.02 Administrative Interference by Councilmembers 18 5.02.1 Informal Communications Encouraged ...............................................................................18 5.03 Administrative Complaints Made Directly to Individual Councilmembers 18 5.04 . Administrative Complaints -"Best Practice"' I 18 ARTICLE 6 - PUBLIC HEARING PROCEDURES ................................................................................18 6.00 Types of Public Hearings 18 6.01 Legislative Public.Hearing 19 6.02 Quasi-Judicial Public Hearing ..............................................................................................20 1. Specific Statutory Provisions ..........................................................................................20 2. Actions/Procedures for Quasi-Judicial Public Hearing ..................................................20 3. Public Hearing Format ....................................................................................................21 4. Appearance of Fairness Doctrine 22 6.03 Site Specific Comprehensive Plan and Zoning Amendments (Rezones) .............................24 ARTICLE 7 - USE OF RULES 25 25 7.01 Put-pose 7.02 Use .......................................................................................................................................26 7.03 Public Use or Reliance Not Intended ...................................................................................26 Exhibits and attachments: Exhibit A-1 Telephone Tree Memo 27 Exhibit A-2 Telephonc Tree for Council / Manager Chart Exhibit A-3 Parliamentary Procedure at a Glance ......................................................................29 Exhibit A4 Legislative Process Flow Chart ...............................................................................30 Exhibit A-5 Committee Structure and Rules 31 Exhibit A-6(1) Task Force/Town Hall Meetings General Model ....................................................33 Exhibit A-6(2) Multi-Agency Coordination Task Force Model ......................................................34 Exhibit A-7 Citizen's Task Force General Model Chart Exhibit A-8 Revised Code of Washington, 35A.13, Council/Manager Plan 36 Exhibit A-9 Amended General Policy Resolution of Core Beliefs .............................................43 Governance Manual 3 ~Z A1ITTCLE T - COUNCTT, MEETINGS 1.01.1 Council Meeting - Time and Location. All regular meetings of the City Council shall be held at the times and locations specified by applicable ordinances and resolutions of the Council. 1.01.2 Council Meetings - Open to the Public. All meetings of the City Council and of committees thereof shall be open to the public, except as provided for in RCW 42.3 0.110 or RCW 42.30.140. Councilmerrnbers will notify appropriate staff of Councilmember's plans to attend any of the various outside public meetings hosted by other organizations or agencies, so that notice may be published concerning such attendance in order not to risk any real or perceived violation of the Open Public Meetings Act. 1.02 Election of Officers. Procedures for electing officers are as follows: (a) Biennially, at the first meeting of the new Council, the members thereof shall choose a presiding officer from their number who shall have the title of Mayor. 1n addition to the powers conferred upon him/her as Mayor, lie/she shall continue to have all the rights, privileges and immunities of a member of the Council. If a permanent vacancy occurs in the office of Mayor, the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, there shall be an election for a Deputy Mayor. The term of the Deputy Mayor shall run concurrently with that ofthe Mayor. (RCW 35A.13.030) (b) The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for nomination. Each member of the City Council shall be permitted to nominate one (1) person, and nomination shall not require a second. A. nominee who wishes to decline the nomination shall so state at that time. Nominations are then closed. The election for Deputy Mayor shall be conducted by the Mayor, and nominations shall be made in the manner previously described for the election of the Mayor. (c) Except when there is only one (1) nominee, election shall be by written ballot. Each ballot shall contain the name of the Couneilmember who cast it. The City Clerk shall publicly announce the results of the election. Thereafter, the City Clerk shall record the individual votes by c.ouncihnembers in the minutes of the mcetuna. In the event the Council is unable to agree on a Mayor by majority vote of members present, the Office of Mayor shall be temporarily filled by an Acting Mayor. Ties shall be resolved in a contest by chance. The office of Acting Mayor shall be filled by the Couneilmember who just previously served as Deputy Mayor, or if such person is not a member of the Council, the Couneilmember with the next highest seniority. The Acting Mayor and Acting Deputy Mayor shall continue in office and exercise such authority as is described in 1ZCW 35A.13 until the members of the Council agree on a Mayor, at which time the role of Acting Mayor and Acting Deputy Mayor shall cease and terminate. 1.03 Presiding Officer. The Mayor shall preside at meetings of the Council and be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties. In case of the Mayor's absence or temporary disability, the Deputy Mayor shall act as Mayor during the continuance of the absence. In case of the absence or temporary inability of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by members of the Council shall act as Mayor during the continuance of the absences. The Mayor, Deputy Mayor (in the Mayor's absence) or Mayor Pro Tem are referred to as "Presiding Officer" from time-to-time in these Rules of Procedure. Governance Manual 4 1.04 Mayor/Council Correspondence. Councilmembers recognize that in the Council/Manager form of government, the Mayor is recognized by community members as a point-of-contact. To facilitate full communications, staff will work with the Mayor to circulate to Councilmennbers copies of emails and written correspondence directed to the Mayor regarding city business. This provision will not apply to invitations for mayoral comments at various functions nor requests for appointments nor other incidental contact between citizens and the Office of the Mayor. 1.05 Quorum. At all meetings of the Council, a majority of the Councilmembers who hold office shall constitute a quorum for the transaction of business. A lesser number may adjourn from time-to-time, provided that written notice of said adjournment be posted on the exterior Council Chamber doors per RCW 42.30.090. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.170, 35A.12.120) 1.06 Attendance, Excused Absences. RCW 35A.12.060 provides that a Councilmember shall forfeit his/her office by failing to attend three consecutive regular meetings of the Council without being excused by the Council_ Members of the Council may be so excused by complying with this section. The member shall contact the Presiding Officer, City Clerk, or City Manager prior to the meeting and state the reason for his/her inability to attend the meeting. Following roll call, the Presiding Officer shall inform the Council of the member's absence, and inquire if there is a motion to excuse the member. This motion shall be nondebatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the City Clerk will snake an appropriate notation in the minutes. 1.07 Special Council Meetings. Procedures for setting a special meeting are as follows: (a) A special meeting may be called by the Mayor or any three (3) members of the Council. (RCW 35A.13.170, 35A.12.110) (b) Notice of the special meeting shall be prepared in writing by the City Clerk. The notice shall contain the following information about the meeting: time, place, and business to be transacted. (c) The notice shall be delivered by regular or electronic mail or personally to the residence of each Councilmember, the City Manager, and the business office of each local newspaper, radio and television station which has on file a written request for notice of special meetings. The notice must be delivered at least twenty-four (24) hours prior to the meeting. (d) The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.080, that is: (1) As to any member who, at or prior to the time the meeting convenes, tiles with the City Clerk a written waiver of notice, (2) As to any member who was actually present at the meeting at the time it convenes, and (3) Inn the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or as otherwise provided by law. 1.08 Council Material. Councihnembers and affected staff should read the agenda material and ask clarification questions of appropriate staff prior to the Council meeting, when possible. Govemance Manual 5 1.09 Council Packets. Councilmembers shall personally pick up their agenda packets from the individual mailboxes, provided by the City Clerk, unless otherwise arranged by the member or further directed by Council. 1.10 Council Meeting Agenda/Consent Agenda. The City Clerk, under the direction of the City Manager in consultation with the Presiding Officer, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. After the proposed agenda has been reviewed and approved by the Mayor, the Presiding Officer shall have the option of adjusting the agenda as necessary. A copy of the agenda and supporting materials shall be prepared for Councilmembers, the City Manager, and the media who have filed a notification request, on or before close of business on a Friday preceding a Tuesday regular Council meeting, or at the close of business at least 24 hours preceding a special Council meeting. Agendas may be amended as required, and expeditiously distributed to Council and appropriate staff. Distribution of the agenda to Councilmembers shall be as directed by Council and may be by mailboxes in City Hall, Fax, E-mail or personal delivery when requested. Requests for presentations to be scheduled on the formal agenda imply that the presentation is the official business of the City. Playing of video tapes shall be pre-screened by the Presiding Officer or designee who shall rule on the appropriateness of the video tape. The Presiding Officer, three (3) Councilmembers, a majority ofthe Councilmembers present, or the City Manager may introduce a new item to the agenda at a meeting. (a) The City Manager, in consultation with the Presiding Officer, shall place matt ers on the consent agenda which: (1) have been previously discussed by the Council; or (2) based on the information delivered to members of the Council by administration can be reviewed by a Councilmember without further explanation; (3) are so routine, technical or "housekeeping" in nature that passage without discussion is likely; or (4) otherwise deemed in the best interest of the City. (b) The proper Council motion on the consent agenda is its follows: "I move approval of the consent agenda." This motion will have the effect of moving to approve all items on the Consent Agenda. Suice approval of any item on the consent agenda implies unanimous consent, any member of the Council shall have the right to remove any item from the consent agenda. Therefore, prior to the vote on the motion to approve the consent agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the consent agenda. If any matter is withdrawn, the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting. 1.1.1 Approaching the Dais. The intent of adding this item specifically to our Governance Manual is to make it clear to Staff, Council and the general public once a Council meeting has been called to order, stepping between the podium and the dais will not be allowed. This includes, but is not limited to, video recording, still photography, tape recording, and written handouts. Approaching the dais will not be permitted after test minutes prior to the start of the meeting. The Council reserves the right to invite anyone forward to be addressed at the dais. 1 1.12 Study Sessions and Workshops. Regular or Special Council meetings, or portions thereof, may be designated as Study Sessions by the Presiding Officer. Study Sessions need have no formal Governance Maimal 6 agenda, except when required for special meetings under .RCM 42.30.080, and may be conducted informally so long as such informality is not in conflict with these rules. The purpose of Study Session discussions is to allow Councilmembers to be made aware of impending business and \ - allow informal discussion of issues that might be acted on at a future meeting. The purpose of Workshops is to allow Councilmembers to do concentrated preliminary work with administration on single subjects but time consuming, complex matters (i.e., budget, complex legislation or reports, etc.). Workshops and Study Sessions shall be in a less formal setting, council may be seated other than at the dais, but shall not discourage public observation. Public comment is not allowed at study sessions although the Council may request participation in the same manner as a regular Council meeting. The City Clerk, under the direction of the City Manager, shall arrange a Council study session or workshop worksheet for the meeting. The worksheet shall, for each item, contain the discussion subject, the discussion leader, the activity and the discussion goal. After the proposed worksheet has been approved by the Presiding Officer, a copy shall be prepared for Councilmembers, the City Manager, and the press, on or before 4:30 p.m., one (I) day before the Council study session or workshop. During the Council study session or workshop, the discussion leader should. (a) hitroduce t:he subject and give background information; (b) Identify the discussion goal; (c) Act as facilitator to keep the discussion focused toward the goal; and (d) Alert the Presiding Officer when it is appropriate to call for a consensus, motion or official direction of the Council. The role of the Presiding Officer is to facilitate Councilmembers engaged in free flowing discussion without the necessity of each councilmember being recognized by the presiding officer. The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to maintain decorum and ensure all councilmembers have the opportunity to be heard, and to keep the discussion properly focused. 1.13 Council Travel Provisions. This section is intended to provide guidance on die utilization of the Council budget for city business related travel expenses. The total allocation of travel funding budgeted for the Legislative Branch for the fiscal year will be apportioned (117) to each Councilmember. These monies may be used to defray expenses for transportation, lodging, meals and incidental expenses incurred in the conduct of city business. Periodic statements of expenditures to date will be provided each Councilmember by the Finance Department. Should a Councilmember exhaust their apportionment of funds, that person will be responsible for payment of any travel and related expenses or they may request a voluntary allocation from another Councilmember who has a balance in their travel account. During the last six (6) months of a Councilmember's current term of office, incurring City business-related travel expenditures require the prior authorization of die Finance Committee, except when such travel fulfills the obligations of the Councilmember's service on statewide or regional boards, commissions or task forces: 1.14 Telephone Tree. Occasionally there are very important or emergency happenings in the community where members of the Council should receive briefings as quickly as possible. A City Council telephone tree system has been adopted by Council motion and is attached as Exhibit A-I & A-2. Govemanco Manual 7 l ` 1.1.5 "Three Touch Principle." Decision makers and citizens at all levels of the City should have adequate time to thoughtfully consider the issues prior to final decisions. Tt is the intent of the Council that the Council and Administration shall abide by the "Three touch principle" whenever possible. The following procedural guidelines are designed to avoid "surprises" to the City Council, Citizens and Administrative personnel: a Any request or proposal for adopting or changing public policy, Ordinances, Resolutions or City Council Directives which will require a decision of the City Council, or Administration, should "touch" the Decision makers three separate times. This includes oral or written reports, "information only" agenda items, or any combination thereof. To facilitate the Council's strategic use of legislative time at its meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi-judicial matters and any subject discussed in executive sessions are excluded from application of the "Three Touch Principle." • It is recognized that the hands of decision makers should not be tied unnecessarily. Unexpected circumstances may arise wherein observance of the "Three Touch Principle" is impractical. However, when unusual circumstaulces arse which justify a "first discussion" decision, the persons requesting the expedited decision should also explain the timing circumstances. This Principle excludes staff reports and other general communications not requiring a Council decision. 1.16 City Manager. The City Manager, as the chief executive officer and head of the-administrative branch of city govemment; or his/her designee, shall attend all meetings of the City Council, unless excused by the Presiding Officer or Council. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. The City Manager shall recommend for adoption by the Council such measures as he/she may deem necessary or expedient; prepare and submit to the Council such reports as may be required by the body or as the City Manager deems advisable to submit; keep the Council fully advised as to the business of the City; and shall take part in the Council's discussion on all matters concerning (lie welfare of the City, hi the event that the City Manager is unable to attend a Council meeting, the City Manager shall appoint a key staff' member to attend the meeting as the representative of City administration. (RCW 35A.13.080) 1.17 City Clerk - Minutes - Public Information Access. 'File City Clerk shall be ex-officio Clerk-of-the-Council and shall keep minutes as required by law, and shall perform such other duties in the meeting as may be required by the Council, Presiding Officer, or City Manager. In the absence of the City Clerk, the City Clerk shall appoint a replacement to act as Clerk-of-the-Council. The Clerk-of-the-Council shall keep minutes which identify the general discussion of the issue and complete detail of the official action or consensus reached, if any. When practical, and with the exception of Executive Sessions, the City Clerk shall audio record the proceedings of all City Council meetings, and shall keep and make available an index of the topics of each meeting which will facilitate location of the item in the appropriate meeting minutes. Access to the audio recordings shall be made reasonably available to any party who so requests, according to City public information procedures. 1.18 City staff - Attendance at Meetings. Attendance at meetings by City staff shall be at the pleasure of the City Manager. It is the intent of the Council that the Manager schedule adequate administrative support for the business at hand but also protect the productive capability of Department 1-leads. When sound system or other monitoring capabilities exist, the Manager may Governance Manual 8 allow personnel to utilize productive tune in their offices or other areas while waiting for the specific item of business for which their appearance before the Council is necessary. ,-Yid of Article 1- Council Meetings ARTICLE 2 - DUT E, S N" PRIVILEGES OF MEMBERS 2.01 Respect and Decorum. It is the duty of the Mayor and Councilmembers to maintain dignity and respect for their offices, City staff and the public. While the Council is in session, the Councilmembers shall preserve order and decorum and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings of the Council, nor disrupt or disparage any member while speaking. Councilmembers and the public shall obey the orders of the Chair. Any person making disruptive, disparaging or impertinent remarks or unreasonably disturbing the business of the Council, either while addressing the Council or attending its proceedings, shall be asked to leave, or be removed from the meeting. Continued disruptions may result in a recess or adjournment as set forth in section 3.04 below. 2.01A Forms of Address. The Mayor shall be addressed as `Mayor (surname)" or "Your Honor." The Deputy Mayor shall be addressed as "Deputy Mayor (surname)." Members of the Council shall be addressed as "Councilmember (surname)" unless waived by the Presiding Officer. 2.02 Seating Arrangement. Councilmembers shall occupy the respective seats in the Council Chamber assigned to them by the Mayor. 2.03 Dissents and Protests. Any Councilmember shall have the right to express dissent from or protest, orally or in writing, against any motion, ordinance or resolution of the Council and have the reason therefore entered or retained in the minutes. 2.04 Filling Council Vacancies. If a vacancy occurs on the City Council, the Council will follow the procedures outlined in iZCW 35A.13.020. In order to fill the vacancy with the most qualified person available until an election is held, the Council will publish a notice of the vacancy, the procedure, and distribute the application form for applying. The Council will draw up an application which contains relevant information to answer set questions posed by the Council. The application forms will be used in conjunction with an interview of each candidate to aid the Council's selection of the new Councilmember. E, nd of Article 2 - Duties acrd Privileges of Members ARTICLE 3 - COUNCLL MEETING PROCEDURES 3.01 Rules of Order. Rules of order not specified by statute, ordinance or resolution shall be governed by the chart of the most common "Rules of Order" questions. Attached as Exhibit A-3. The City Clerk shall keep it copy of the most current "Robert's Rules of Order" in Council Chambers during Council meetings. (a) Out of Order Requests. Occasionally a member of the public may wish to speak on an agenda item but cannot remain until the item is reached on the agenda. During Open Comments From the Public, Governance Manual 9 such person may request permission to speak by explaining the circumstances. The Presiding Officer in his/her sole discretion shall rule on allowing or disallowing the out of order request. 3.02 Motions and Discussion. (a) All items of business placed before the Council that require the expenditure of Council and/or administration resources shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent "approval by default" of a failed negative motion. (b) Agenda items scheduled as New or Old Business shall require a motion by a Councilmember before discussion unless the Council shall suspend the requirement by majority vote. Upon failure of either a prior motion or rule suspension, the agenda item shall be passed over and may not be reintroduced until the next regular meeting. (e) When possible, Councilmembers should direct questions primarily to the City Manager or the designated presenter. 3.03 Order of Business. The business of all regular meetings of the Council shall be transacted as follows: provided, however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct the business before the Council more expeditiously. (a) Call to order by the Presiding Officer. (b) Invocation (c) Pledge of Allegiance. (d) Roll Call (see Section 1.06 for procedure to excuse am absence). (e) Approval of Agenda (t) Introduction of Special Guests and Presentations. (g) Councilmember Reports of Council or government-related activities (e.g. synopsis of Committee or board meetings). These oral reports are intended to be brief, city work- related," heads-up in nature" or otherwise of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the city on a regional Board or Commission. Extended reports shall be placed as agenda items for presentation or submitted in writing as an informational memo. (h) Presiding Officer's report. (i) Comments from the public on subjects not on tile, agenda for action - limit 3 minutes each, unless modified by the Presiding Officer. Note: the City Council desires to allow a maximum opportunity for public comment. .However, the business of the City must proceed in an orderly, timely Governance Manual 10 manner. At any time, the Presiding Officer, in the Presiding Officer's sole discretion, may set such reasonable limits as are necessary to prevent disruption of other necessary business. I . Subjects not on the current agenda. The Presiding Officer may invoke a sign- in procedure for speakers. Any member of the public may request time to address the Council after first stating their name, address, and the subject of their comments. The Presiding Officer may then allow the comments subject to such time limitations as the Presiding Officer deems necessary. Following such comments, the Presiding Officer may place the matter on the agenda or a future agenda, or refer the matter to administration or a Council committee for investigation and report. 2. Subjects on the current agenda. Any member of the public who wishes to address the Council on an action item on the current agenda shall make such request to the Presiding Officer at the time when comments from the public are requested during the agenda item discussion. The Council may hear such comments before or after initial Council discussion. As an option, the Presiding Officer may invoke a sign in procedure. The Mayor, in consultation with the City Attorney, shall rile on the appropriateness of public comments as the agenda item is reached and shall rule on a specific individual or group time limit for public comment. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. 3. Comments shall be made from the microphone, first giving name, address and subject. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 4. There will be no demonstrations during or at the conclusion of anyone's presentation. Any disruptive behavior, as detennined by the Presiding Officer, shall be cause for removal from the meeting room. 5. These rule., are intended to promote an orderly system of holding a public meeting, to give persons opportunity to be heard, and to create an environment in which no individuals are embarrassed by exercising their right of free speech. 6. Any ruling by the Presiding Officer relative to the subsections 1 and 2 above may be overruled by a vote of a majority of members present. 7. Council shall not permit public comments if they relate to any matter upon which a quasi-judicial hearing has been required, scheduled, or held. See Article 6.01 for procedure for taking public comment on legislative matters. (j) Public Hearings (see Article 6 for procedural details). (k) Consent Agenda (see Section 1.10 for procedural details). (1) Old Business. (m) New Business. Governance Manual I 1 (r (n) Public Comments. [same as "i" above] (3-minute time limit each) 1 / (o) Administrative Reports. Reports or tracking of an administrative nature. (p) Information only items. (q) Executive Session (as required). If Council holds an Executive session, it will be held in accordance with the Open Meetings Act, R.CW Chapter 42.30. The Council may hold an executive session during a regular or special meeting. Before convening in executive session, the Presiding Officer shall ask for a Motion from Council to publicly announce s the purpose for adjourning into Executive Session * the approximate length of time for the executive session, and e a. the likelihood of Council taking action at the close of the Executive session and return to regular session, or b. that at the close of the Executive session and return to regular session, Council will likely take no action but will adjourn the meeting. The announced time limit for executive sessions may be extended by announcement of the Presiding Officer. At the close of the Executive Session and upon Council's return to chambers: s The Presiding Officer will declare Council out of Executive Session *The Presiding Officer will ask for the appropriate motion (i.e. an action motion or adjourn). Councilmembcrs must keep confidential all oral and written information provided during executive sessions to protect the best interests of the City. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers. (r) Adjournment. No Council meeting should be permitted to continue beyond approximately 9:00 p.m., without approval of a majority of the Cotmcilmembers who are present and eligible to vote. A new time lirnit must be established before taking a Council vote to extend the meeting. to the event that a meeting has not been closed or continued by Council as herevi specified, the items not acted on shall be deferred to the next regular Council meeting as old business, unless the Council, by a majority vote of members present, determines otherwise. 3.04 Adjournment Due to Emergency or Disruption. In the event of emergency, such as a fire, threatened violence, or inability to regain good order,.the Mayor shall forthwith declare the meeting adjourned or continued and the City Council shall immediately leave the meeting room. 3.05 Permission Ttcquired to Address the Council. Persons other than Councilmembers and administration shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or the chair of the appropriate Council committee. \ 3.06 Voting and Tele/video Conferencing. The votes during all meetings of the Council shall be transacted as follows: Governance Manual 12 (a) Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by voice, except that at the request of any Councilmember, a roll call vote shall be taken by the City Clerk. The order ofthe roll call vote shall be determined by the City Clerk. (b) In case of a tie vote on any proposal, the motion shall be considered lost. (c) Every member who was in the Council chambers when the question was put, shall give his/her vote unless the Council, for special reasons, shall excuse the member by motion. If any Councilmember refuses to vote `'aye'' or "nay," their vote shall be counted as a "nay" vote unless the Councilmember is abstaining due to actual, or appearance of, a conflict of interest. (d) The passage of any ordinance, grant or revocation of franchise or license, any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council. (e) The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity or violence of nature or riot or insurrection or war (except for the statutory powers of the Mayor in accordance with RCW 35A.13.030), and provisions for a lesser emergency, such as a budget amendment, shall require the affirniative vote of at least a majority plus one (1) of the whole membership of the , Council. (RCW 35A.13.190) In the event calamitous conditions should prevent assembly of such majority through death or injuries, the provisions of RCW 35A.13.035 may be invoked. (f) The passage of any motion or resolution not subject to the provisions of Washington law, the Spokane Valley Municipal Code, or this Resolution as amended requiring a "super majority" for approval, shall require the affirmative vote of at least a majority of the membership of the Council who are present and eligible to vote. 1. TeleJvideo conference participation by Councilmembers may be allowed provided technical availability and compatibility of electronic equipment shall enable the Councilmember to hear the proceedings, be heard by those present and participate in Council discussion. (a) Requests to use teleJvideo conference participation for voting purposes shall be limited to extraordinary circumstances and must be ruled upon by the Council-of-the-Whole by specific motion before the Council main agenda begins. (b) In such case, adequate equipment must allow the teleJvideo conference participant to engage in Council discussion and be heard. TelephoneJco►nputer system charges are to be at the Councilmembees own expense, unless waived in the Council motion. Adequate notice must be given to allow hookup in time for the main agenda. Requests to monitor by teleJvideo conference in a nonvoling capacity shall be granted provided technical capability exists and adequate notice is given, and Governance Manual 13 shall be at the Councihnember's own expense, unless waived in the Council motion. 3. No tele/video conference participation for voting purposes shall be allowed for public hearings or any quasi-judicial proceedings. Video eonferencing may be permitted upon a majority vote of the Council present at the meeting site for such proceedings provided that all documents and exhibits are clearly visible and legible to all participants and provided that a video and audio record of the videoeonference is made and provided to the clerk. The cost of such videoconferencing and record thereof shall be paid by the Councilmember requesting videoconferencing, unless waived by vote of the City Council. 4. Examples of extraordinary circumstances would be emergencies or illness, accident, unforeseen urgent business, etc. 3.07 Enacted Ordinances, Resolutions and Motions. (a) . An enacted ordinance is a legislative act prescribing general rules of orgimization or conduct relating to the corporate affairs of the municipality. Council action shall be taken by ordinance when required by law, or where prescribed conduct may be enforced by penalty. (b) An enacted resolution is an administrative act which is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. (c) An enacted motion is a form of action taken by the Council to direct that a specific action be taken on behalf of the municipality. A motion, once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law, and where such motion is not in conflict with existing State or Federal statutes, City Ordinances or Resolutions. 3.08 Ordinances. The procedures for ordinances are as follows: (a) A Councilmember may, in open session, request of the Presiding Officer that the Council study the wisdom of enacting an ordinance. The Presiding Officer then may assign the proposed ordinance to the administration, a committee or the Council-of-the-Whole for consideration. The committee or administration shall report its findings to the Council. The City Manager may propose the drafting of ordinances (.RCW 35A.13). Citizens and Boards and Commissions may also propose consideration of ordinances and resolutions, see Exhibit A-4 attached. (b) Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or resolution, lie or she should so announce, make the initial motion and provide an introduction for the measure. (c) All ordinances shall normally have two (2) separate readings at separate Council meetings. Unless waived by the City Council at each reading, the title of an ordinance shall be read by the City Clerk prior to its * passage; provided that should a Councilmember request that the entire ordinance or certain of its sections be read, such Governance 'Manual 14 request shall be granted. Printed copies shall be made available upon request to any person attending a Council meeting. (d) The provision requiring two (2) separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. (e) If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost, unless a subsequent motion directs its revision and resubmission to second reading. (f) Any ordinance repealing any portion of the Spokane Valley Municipal Code shall also repeal the respective portions of the underlying ordinance(s). Ordinances repealing earlier ordinances shall not apply to acts, incidents, transactions or decisions occurring before such repeal. 3.09 Resolutions. A resolution may be put to its final passage on the same day on which it was introduced. However, Council may invoke the two (2) reading procedures described in Section 3.08 (c) above to facilitate public understanding and/or comment on the resolution. The title of each resolution shall, unless waived by the City Council, be read prior to its passage. A Councilmember may request that the entire resolution or certain of its sections be read, and such request shall be granted. Printed copies shall be made available upon request to any person attending a Council meeting. 3.1.0 Reconsideration. Any action of the Council, including final action on applications for legislative changes in hind use status, shall be subject to a motion to reconsider except: • any action previously reconsidered, motions to adjourn or motions to suspend the rules, • an affirmative vote to lay an item on, or take an item from, the table, 0 or a vote electing to office one who is present and does not decline. Such motion for reconsideration can only be made by a member of the prevailing side on the original action. A motion to reconsider must be made during the same Council meeting. A motion to reconsider is debatable only if the action being reconsidered is debatable. Upon passage of a motion to reconsider, the subject matter is returned to the table anew at the next regular Council meeting for any action the Council deems advisable. Any motion for reconsideration of a matter which was the subject of a required public lieriring or which is a quasi- judicial matter may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least five (5) days advance notice of such discussion and/or action. 3.11 Legislative Process, Preparation, Introduction and Flom of Ordinances and Resolutions and Motions. Ordinances and Resolutions will customarily be prepared, introduced and proceed in the manner described on the flow chart attached hereto as Exhibit A-4, and by this reference incorporated herein. Prior to final passage of all ordinances; resolutions or motions, such documents or proposals shall be designated as DRAFTS. All such drafts shall also be dated to include the most recent revision. Governance Manual 15 \l (a) PROPOSED DRAFTS shall contain the date and name of dhe group or individual originating or sponsoring the proposal prior to the first presentation to the City Council. Proposed drafts may be initiated by individual Councilmembers, the City Manager, Citizens or by Boards, Commissions or other task groups. (b) COUNCIL DRAFTS shall be documents or proposals which have been presented in open session and voted by the City Council for further consideration. 3.12 Complaints and Suggestions to Council. When citizen complaints or suggestions are brought before the City Council on matters not on a Council agenda, the Presiding Officer shall, in consultation with the City Manager, first determine whether the issue is legislative or administrative in nature and lien: (a) if legislative, and a complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if the Council finds such complaint suggests a change to an ordinance or resolution of the City, the Presiding Officer may refer the matter to a committee, administration, or the Council-of-the-Whole for study and recommendation. (b) If administrative, and a complaint regards administrative stuff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Presiding Officer should then refer the complaint directly to the City Manager for review, if said complaint has not been so reviewed. The City Council may direct that the City Manager brief the Council when the City Manager's response is made. J 3.13 Photographs, motion pictures or video tape requiring artificial illumination - Prior Permission Required. No overhead projection, photographs, motion pictures, or video tapes that require the use of floodlights, or similar artificial illumination shall be used by the public at City Council meetings without the prior consent of the Presiding Officer or the City Manager. End of Article 3 - Council.Procedures ARTICLE 4 - COMMITTEES, BOARDS & COMMISSIONS 4.01 Committees. (a) All standing Committees, Boards, and. Cot-amiss ions which are required by state law shall be appointed by the Mayor with confirmation by the Council. (b) All other Council Committees, Citizen Task Force groups and rules or operating procedures thereof shall be established by Council Directive with special attention to R.CW 35A.13.120, and after consultation with the City Manager. Such committees s11all be commissioned for a time certain, not to exceed two (2) years or the term of the appointing Mayor, whichever is less and provided with a clear task description and "sunset" provision. Appointment shall be by the Mayor. Council may waive confirmation in the instrument creating said committee or group. Such Committees shall be subject to review, whenever a new Council is seated following elections, so as to determine whether the committee and its functions continue to be appropriate and Governance \7anual 1.6 necessary. Members of any Committee, Board or Commission which have been appointed or confirmed by the Council, may be removed without cause by a majority vote of the Council. A copy of the motion(s), or as hereafter amended, establishing committees, liaisons and citizen's task force groups shall be attached hereto; as Exhibit A-5. (See the attached related charts Exhibits A-6 (1) (2) & A-7.) (c) Other special ad hoc committees and Council liaisons for a particular purpose may be appointed by the Mayor, without confirmation of Council for a time certain, not to exceed the tern of the appointing Mayor, along with a clear task description and "sunset" provision. (d) Committees, liaisons and citizen taskforce groups shall be given an opportunity to make a recommendation, when appropriate, on proposed ordinances, resolutions and motions within their area of responsibility or interest, before action is taken by the Council. The appropriate spokesperson shall present the recommendation(s) during discussion of that business item on a Council agenda. (e) Council member(s) may be designated by the City Council to take the lead on particular significant issues and to provide an appropriate feedback of inforrilation to Council, in order to gain corporate approval and coordination of corporate efforts. No Councilmember may speak for the Council unless Council has designated that person as the lead on that particular issue. (f) No Advisory Board or Commission shall take any final action outside of an open public meeting. 4.02 Council Relations with Boards, Commissions and Council Citizen Advisory Bodies. All statutory boards and commissions and Council citizen advisory bodies of the City of Spokane Valley shall provide the Council with copies of minutes of all meetings. Communications from such boards, commissions and bodies to the City Council shall be acknowledged by the Council. Any member of the Council may also bring such communication to the Presiding Officer's attention under the agenda item "Committee, Board and Liaison Reports." Should any member of the Council determine that any such communication be officially answered by the Council, the Presiding Officer shall place the matter on the agenda under New Business for the current meeting or any subsequent meeting. End of Article 4 - Committees, Boards & Con-unissrons ARTICLE. 5 -RELATIONS WITH CITY MANAGER & A WNISTRATION 5.01 Role of the City Manager. The City Manager is the chief administrative officer of the City of Spokane Valley. The Manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City departments. The powers and duties of the City Manager are defined by Washington law, RCW 35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with City Manager's accountability to the City Council for policy implementation is the need for the Council to allow the City Manager to perforn legally defined duties and responsibilities without interference by the City Council in the day-to-day management decisions of the City Manager. Governance Manual 17 5.02 Administrative Interference by Councilmembers. Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his/her removal from, any office by the City Manager or any of his/her subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any orders to any subordinate of the City Manager, either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. (RCW 35A.13.120.) 5.02.1 Informal Communications Encouraged. The above requirement of RCW is not to be construed as to prevent informal communications with City staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with City star for the purpose of gathering information, obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contacts can serve to promote better understanding of specific City functions and problems. However, Councilmembers must be careful in such interaction to avoid giving direction or advice to members of City staff. While maintaining open lines of communication, City staff responding to information requests from Councilmembers will inform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. 5.03 Admi tistrafve Complaints Made Directly to Individual Councilmembers. When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember shall then refer the matter directly to the City Manager for review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint. However, the City Manager shall not be required to divulge information he/she deems confidential, in conformity with applicable statutes, ordinances, regulations, policies or practices. 5.04 Administrative Complaints - "Best Practice." Although citizens' direct access to -elected officials is to be encouraged to help develop public policy, City Councilmembers should not develop a "personal intervention" pattern in minor calls for service or administrative appeals which may actually delay a timely customer service response. The best policy is to get the citizen into direct contact with customer service unless an unsatisfactory result has occurred. T.n that case refer W Section 5.03 above. End of Article 5 - Relations with City Manager & Administration ARTICLE 6 - PUBLIC F(EARIi`I(; PROCEDURES 6.00 There are two types of public hearings, legislative and quasi-judicial: (a) Legislative public hearing are hearings held to obtain public input on legislative decisions on matters of policy. Legislative public hearings are required by state law when a city or county addresses such matters as comprehensive land use plans, or the annual or biennial budget. They - are generally less formal than quasi-judicial public hearings. They do not involve the legal rights of specific, private parties in a contested setting, but rather affect a wider range of citizens or perhaps the entire jurisdiction. The wisdom of legislative decisions reached as a result of such Governance Manual 18 hearings is not second-guessed by the courts; if challenged, they are reviewed only to determine if they are constitutional or violate state law. For example, a court will not review whether the basic budgetary decisions made by a city were correctly made. (b) Quasi-judicial public hearings involve the legal rights of specific parties, and the decisions made as a result of such hearings must be based upon and supported by the "record" developed at the hearing. Quasi-judicial hearings are subject to stricter procedural requirements than legislative hearings. Most quasi judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances, and conditional uses. (i ,fRSC Public Hearings When and How to Hold Them by Bob Meinib, MRSC: Legd Consultant August 1998) 6.01Legislative Public Hearings: (a) Slate statutes do not specify how public hearings should be conducted. Because legislative hearings are generally informal, the main concern is to provide an opportunity for all attending members of the public to speak if they so desire. Time limits should be placed on individual continents if many people are intending to speak, and the public should be advised that comments must relate to the matter at hand. The "ground rules" for the conduct of the hearing should be stated by the presiding official at the beginning of the hearing. (b) Actions for a Public Hearing. Prior to the start of the public hearing, the Presiding Officer announces the following Rules of Order: 1. All public corments shall be made from the speaker's rostrum, and any Individual making comments shall first give their name and address. This is required because an official recorded transcript of the public hearing is being made. 2. No comments shall be made from any other location, and anyone making "out of order'' comments shall be subject to removal from the meeting. 3. Unless otherwise determined by the Presiding Officer, all.comments by the public shall be limited to three minutes. 4 There will be no demonstrations, applause or other audience participation, before, during or at the conclusion of anyone's presentation. Such expressions are disruptive and take time away from the speakers. 5. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard and to ensure that individuals are not embarrassed by exercising their right of free speech. c. The Presiding officer declares the public hearing on (topic) open and asks staff to make their presentation. d. After staff presentations, the Presiding Officer calls for public testimony. e. The presiding officer asks if any members of Council have questions of any of the speakers or staff. If any Councilmember has questions, the appropriate individual will be recalled to the podium. Goveniance Mwiual 19 £ The presiding officer declares the public hearing closed. 6.02 Quasi-Judicial Public Hearings: ° 1. Specific Statutory Provisions. a. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning, RCW 42.36.010, except that sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. b. A candidate for the City Council who complies with all provisions of applicable public disclosure and ethics laws shall not be limited under the Appearance of Fairness Doctrine from accepting campaign contributions to finance the campaign, including outstanding debts. (RCW 42.36.050) c. Ex Parte communications should be avoided whenever' possible. During the pendency of any quasi-judicial proceeding, no Councilrnember may engage in e_r parte communications with proponents or opponents about a proposal involved in the pending proceeding, unless the Councilmember: (l) places on the record the substance of such oral or written communications; and (2) provided that a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official if the correspondence is made a part of the record, when it pertains to the subject matter of a quasi judicial proceeding. (RCW 42.36.060) d. Public Disclosure File. The City Clerk shall maintain a public disclosure file, which shall be available for inspection by the public. As to elected officials, the file shall contain copies of all disclosure forms filed with the Washington State Public Disclosure Commission. e. Procedure On Application. Any person making application for any action leading to a quasi-judicial hearing before the Planning Commission and City Council shall be provided with a document containing the following information: (l.) the names and address of all members of the City Council, and the Planning Commission, (2) a statement that public disclosure information is available for public inspection regarding all such Council.mernbers, and (3) a statement that if the applicant intends to raise any appearance of fairness issue, the applicant should do so at least two (2) weeks prior to any public hearing, if the grounds for such issue are then known and in all cases, no later than before the opening of the public hearing. The applicant shall sign a receipt for such document. 2 Actions/Procedures for a Ouasi,fudicial Public Hearing. a. Prior to the start of the public hearing, the Presiding Officer may require that all persons wishing to be heard shall sign in with the City Clerk, giving their names and addresses, and whether they wish to speak as proponent, opponent, or otherwise. Any person who fails to sign in. shall not be permitted to speak until all those who signed in have done so. Persons who have signed in and wish to be heard shall be given an opportunity to be heard. However, the Presiding Officer shall be authorized to establish speaker time limits and otherwise control presentations to avoid repetition. The Presiding Officer, subject to concurrence of the majority of the Council, may establish time limits and otherwise control presentations. The Presiding Officer may change the order of speakers so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.) i b. The Presiding Officer introduces the agenda item, opens the public hearing, and announces the following Rules of Order: Governance Manual 20 1. All continents by proponents, opponents, or the public shall be made from the speaker's rostrum, and any individual making continents shall first give his/her name and address. This is required because an official recorded transcript of the public hearing is being made. If there is any appeal, the court must make its decision on the basis of what was said at the public hearing. 2. It is not necessary to be a proponent or opponent in order to speak. If you consider yourself neither a proponent nor opponent, please speak during the proponent portion and identify yourself as neither a proponent nor an opponent. 3. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 4. There will be no demonstrations, applause or other audience participation before, during or at the conclusion of anyone's presentation. The Council is not allowed to consider such expressions and it takes time away from the speakers. 5. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard and to ensure that individuals are not embarrassed by exercising their right offree speech. 3. Public Hearing Format: 1. The Presiding Officer will customarily call for proponents in quasi-judicial proceedings and for speakers in non-quasi-judicial proceedings. When considering a site-specific Comprehensive Plan and zoning amendment or zoning reclassification, the Presiding Officer shall announce: "Site plans, artistic renditions, and the like in support of a zoning amendment should be avoided except as they help explain the terms of any proposed or anticipated conditions for approval. Any graphic representations should be used for illustrative purposes only, and the administration or City Council should avoid indicating approval or disapproval of such plans. Such evidence shall remain a part of the record." 2. The proponents or speakers now speak. (Note: if the City of Spokane Valley is the proponent, a member or members of the administration shall be designated to give proponent and rebuttal testimony) 3. The Presiding Officer calls for additional proponents or speakers. 4. T he Presiding Officer calls for opponents by announcing the following: "At this time the opponents and persons who do not claim to be either a proponent or an opponent will have an opportunity to speak. Should any opponent have questions to ask of the proponents, ask the questions during your presentation. 'fhe proponents shall note the question asked, and answer such questions when the proponent speaks in rebuttal. 'rhe proponent shall be required to answer any reasonable question, provided that the Presiding Officer reserves the right to rule any question out of order." 5. Opponents speak. 6. The Presiding Officer calls for additional opponents up to three (3) times. Governance Manual 21 7. The Presiding Officer calls for proponents to speak in rebuttal. A proponent speaking in rebuttal shall not introduce new materials. If the proponent does, or is allowed to do so, the opponents shall also be allowed to rebut the new elements. 8. The Presiding Officer announces the following: "At this time I will inquire of the administration whether the administration wishes to introduce any testimony as to subjects raised by the proponents or opponents, or alter in any regard its initial recommendations." 9. The Presiding Officer inquires as to whether Council-members have any questions to ask the proponents, opponents, speakers, or administration. If any Councilmember has questions, the appropriate individual will be recalled to the podium. The Presiding Officer may also permit questions by Councilmembers of any witness at the conclusion of their testimony. Questions of witnesses submitted by proponents or opponents may be asked by the Presiding Officer of such witnesses if deemed relevant. 10. The Presiding Officer closes the public hearing. Additional testimony may not be requested or considered after the closing of the public hearing unless the Presiding Officer declares the record open until a date certain for the purpose of receiving written testimony, such as a legal brief, on a subject(s) specified by the Presiding Officer. 1 1. The Presiding Officer inquires if there is a motion by any Councilmember. If a motion is made, it shall be in the form of an affirmative motion. Following the motion and its second, discussion occurs among Councilmembers. The Presiding Officer may call on individual Councilmembers in the discussion. The eouncilmember who makes the motion can't speak against his or her own motion; although he or she can vote against it. 'File person who seconds the motion, however, can speak against the motion because a second means "Let's discuss it," not "I agree." 12. The Presiding Officer inquires if there is any further discussion by the Councilmembers. 13. The Presiding Officer inquires if there are any final comments or recommendations from administration. 1-4. The Presiding Officer inquires of the Councilmembers as to whether they are ready for the question. 15. The City Clerk shall conduct a roll call vote. 16. The Presiding Officer may direct the administration to prepare findings. The findings may be approved the same night, if ready, or may be placed on the agenda of the next regular meeting. 4. Appearance of Fairness Doctrine. a. In short, when the law which calls for public hearings gives the public not only the right to attend, but the right to be heard as well, the hearings must not only be fair but must appear to be so. It is a situation where appearances are quite as important as substance." Smith vs. Skagit Coun 75 Wn.2d 715 (1969). "The test of whether the appearance of fairness doctrine has been violated is as follows: Would a disinterested person, having been apprised of the totality of a board member's personal interest in a matter being acted upon, be reasonably justified in thinking that partiality may exist? If answered in the affirmative, such deliberations, and any course of conduct reached thereon, should be voided." Swift vs. Island County, 87 Wn.2d 348 (1976). i Governance Manual 22 b. Types of Hearings to Which the Doctrine Applies. The Appearance of Fairness Doctrine shall apply only to those actions of the Council which are quasi-judicial in nature. Quasi-judicial actions are defined as actions of the City Council which determine the legal rights, duties, or privileges of specific parties in a hearing or other contested proceeding. Quasi judicial actions do not include the legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that is of area-wide (versus site-specific) significance (RCW 42.36.010). Street vacations are typically legislative actions, unless clearly tied to, and integrated into, a site-specific development proposal which is quasi-judicial in nature. c. Obligations of Councilmembers - Procedure. 1. Immediate self-disclosure of interests that may appear to constitute a conflict of interest is hereby encouraged. Councilmembers should recogni~x that the Appearance of Fairness Doctrine does not require establishment of a conflict of interest, but whether there is an appearance of conflict of interest to the average person. This may involve the Councilmember or a Councilmember's business associate, or a member of the Councilmember's unmediate family. It could involve ex parte (outside the hearing) communications, ownership of property in the vicinity, business dealings with the proponents or opponents before or after the hearing, business dealings of the Councilmember's employer ,vith the proponents or opponents, announced predisposition, and the like. Prior to any quasi-judicial hearing, each councilmember should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If the answer is in the of fin-native, no matter how remote, the Councilmember should disclose such facts to the City Manager who will seek the opinion of the City Attorney as to whether a potential violation of the Appearance of Fairness Doctrine exists. The City Manager shall communicate such opinion to the Councilmember and to the Presiding Officer. 2. Anyone seeking to disqualify a Councilmember from participating in a decision on the basis of a violation of the Appearance of Fairness Doctrine must raise the challenge its soon as the basis for disqualification is made known, or reasonably should have been made known, prior to the issuance of the decision. Upon failure to do so, the Doctrine may not be relied upon to invalidate the. decision. The party seeking to disqualify the Councilmember shall state with specificity the basis for disqualification; for example: demonstrated bias or prejudice for or against a party to the proceedings, a monetary interest in outcome of the proceedings, prejudgment of the issue prior to hearing the facts on the record, or ex parte contact. Should such challenge be made prior to the hearing, the City Manager shall direct the City Attorney to interview the Councilmember and render an opinion as to the likelihood that an Appearance of Fairness violation would be sustained in Superior Court. Should such challenge be made in the course of a quasi-judicial hearing, the Councilmember shall either recuse hin►Iherself or the Presiding Officer shall call a recess to pen-nit the City Attorney to make such interview and render such opinion. 3. The Presiding Officer shall have authority to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness violation. Further, if two (2) or more Councilmembers believe that an Appearance of Fairness violation exists, such individuals may move to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness violation. In arriving at this decision, the Presiding Officer or outer Councilmembers shall give due regard to the opinion of the City Attorney. d. When Council conducts a 1►earing to which the Appearance of Fairness Doctrine applies, the Presiding Officer (or in the case of a potential violation by that individual, the Mayor Pro Tern) will ask if any Councilmember knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement is as follows: Governance Manual 23 All Councilmembers should now give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any party to the proceedings; 2. A direct or indirect monetary interest in die outcome of the proceedings; 3. A prejudgment of the issue prior to hearing the facts on the record; or 4. Had ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Councilmember should answer in the affirmative, then the Councilmembers should state the reason for his/her answer at this time, so that the Chair may inquire of administration as to whether a violation of the Appearance of Fairness Doctrine exists. 6.03 Site-Specific Comprehensive Plan and Zoning Amendments ("Rezones"). 'file following are general concepts and not intended to add to or change applicable statutes or ordinances or to be considered a land use control. Under Washington's Growth Management Act, Chapter 36.70A RCW, as implemented by Spokane Valley, site-specific rezone requests (initiated by property owners or developers) are processed riot more frequently than once each year, concurrently with the Comprehensive Plan amendment process. This assures that all rezones are consistent with the overarching purposes and intent of the Growth !Management Act and the City's Comprehensive Plan. All zoning must be consistent with, and implement the Comprehensive Plan. To that end, at the outset of each public hearing or meeting to consider a zoning amendment or zoning reclassification, the Presiding Officer or City Attorney will announce the legal standards for Comprehensive Plan and zoning amendments and ask the parties to limit their presentations to information within the scope of the standards. The form of the announcement is as follows: The following are general concepts regarding Comprehensive Plan and zoning amendments under the law of the State of Washington: 1. The current zoning is presumed valid. 2. The burden of proof is on the applicant for the site-specific Comprehensive Plan and zoning amendment to establish by proof in sufficient measure that the following requirements have been satisfied. In making its decision, the City Council will consider the recommendations made by the Planning Commission and the record developed before the Planning Commission. Requirements (a), (b), and (c) stated below shall be "considered" and weighed by the Council. The Council must affinnatively find that the applicant has satisfied requirements (d) through (k): (a) Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Spokane Valley Comprehensive Plan; (b) Whether the assumptions upon which the Spokane Valley Comprehensive Plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or any annual amendments of the Spokane Valley Comprehensive Plan; ` (c) Whether die proposed amendment reflects current widely held community values; Governance Manual 24 (d) The proposed amendment meets concurrency requirements for transportation, sewer, and water, and does not adversely affect adopted level of service standards for other public facilities and services, such as police, fire and emergency medical services, park services, and general government services; (e) The proposed amendment is consistent with the goals, policies and objectives of the various elements of the Spokane Valley Comprehensive Plan; (f) The proposed amendment will not result in probable significant adverse impacts to the city's transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities; (g) Tn the case of an amendment to the land use map, the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including but not limited to access, provision of utilities and compatibility with existing and planned surrounding land uses; (h) The proposed amendment will. not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long-term interests of the community in general; (i) The proposed action does not materially affect the land use and gTowth projections which are the basis of the Comprehensive Plan; (j) Tile proposed action does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall area of the city; and (k) The proposed amendment is consistent with the GMA, the adopted county-wide planning policy of Spokane County, any other applicable interjurisdietional policies or agreements, and any other state or local laws. . 3. The facts in support of the application may come from any source; either the applicant, the administration, or the public. The important consideration is that the decision must be made on the basis of information provided to the Planning commission and to the City Council at this public hearing or any continued public hearing. All evidence, such as photographs, letters, charts, maps, slides, computer presentations or other evidence must remain in the record in a form which can be reviewed on any appeal. For example, a print out of a computer slide show may be submitted. Any exhibit not remaining in the record will not be considered. End of Article 6 - Public Hearh g Procedures ARTICLE 7 - USE OF RULES 7.01 Purpose. These City Council Rules of Procedure are designed to provide guidance for the City Council. They are not to be considered restrictions or expansions of City Council authority. These rules have been prepared from review of many statutes, ordinances, court cases and other sources but they are not intended to he an amendment or substitute for those statutes, ordinances, court decisions or other authority. Governance Manual 25 7.02 Use. No action taken by a Councilmember or by the Council which is not in compliance with these rules, but which is otherwise lawful, shall invalidate such Councitmember's or Council action or be deemed a violation of oath of office, misfeasance or malfeasance. No authority other than the City Council may enforce these rules or rely on these rules. Failure of the City Council to follow any of these rules shall be considered a Council decision to waive such rule. No notice of such waiver need be given. 7.03 Public Use or Reliance Not Intended. Because these rules are designed to assist the City Council and not to provide substantive rules affecting constituents, it is expressly stated that these rules do not constitute land use. regulations, official controls, "appearance of fairness rules," public hearing rules or other substantive rules binding upon or to be used by or relied upon by members of the public. These rules do not amend statutory or other regulatory (such as ordinance) requirements. - End of Article 7 - Use of Rule Governance Manual 26 EXHTBI T A-1 MEMORANDUM DATE: APlut, , 200 TO: CITY COUNCIL FROM: CITY NL%NAGER SURIECT: EN1ERGFNCY TELEPHONE TREE: FOR SPOKANE VAI.LEY'GOVFR-WENT Sometimes an important happening occurs in the City where Councilmembers should be briefied: For example: Major News! Accident, Disaster, Major Utility Failure! Storm Damage Major Police Problem Civil Emergency A pre-arranged "telephone tree" informs the entire Council of important happenings in-the shortest possible time. An in:f'onned Councilmember can avoid embarrassment when asked by a citizen about a major event even when it does not involve the Council in any direct way. The telephone tree for timely briefings of major emergency news is shown on the attached sheet. The Mayor should assign the tree according to availability of the members. Governance Manual 27 EXHIBIT A-2 Telephone Tree for Council/Alanager Government COUNCILMEMBER Name Phone (work) Phome (home) First call by Mayor or ls` COUNCILMFM-BER Cellular City Manager Name Phone (work) COUNCILMEMBLR MAYOR OR CITY M.A~!'AGFR phome (home) Cellular Name Name Phone (work) Phone (work) Phome (home) Phome (home) Cellular Cellular Name Phone (work) Phone (home) COUNCILMEMBER Cellular 2"D COUNC]FUN EIv1B13R. Name Phone (work) Phome (home) Name Cellular Phone (work) Phome (home) Cellular COUNCILMEMBER Name Phone (work) Phome (home) Cellular Governance Manual 28 Exhibit A-3 Parliamentary Procedure at a Glance May you Must be Is motion To do this: You say this: interrupt seconded? debatable? Vote required speaker? Introduce business "I move that-" NO YES YES MAJORITY Amend a motion "I move to amend this motion" NO YES YES MAJORITY Request information "Point of information" YES NO NO NO VOTE Suspend further discussion "I move we table it" NO YES NO MAJORITY End debate and bring matter to an "I move the previous question MAJORITY immediate vote (call for the question) or "I call for the question" NO YES NO Postpone discussion "I move we postpone this matter until..." NO YTS YES iV111JORITY Have something further studied by a "1 move we refer committee NO YES YES MAJORITY Ask for a vote count to verify a voice "I call for a division of the house" vote NO NO NO NO VOTE Object to considering some matter "I object to consideration of this" YES NO \°O MAJORITY "l"ake up a matter previously tabled "I move to take from the table..." NO YES NO MAJORITY Reconsider something already disposed "I move we reconsider action on of YES YES YES MAJORITY Consider something in unscheduled "I move we suspend the rules and order NO YES NO MAJORITY Vote on a ruling by the chair "I appeal the chair's decision" YES YES YES MAJORITY Object to procedure or personal "Point of'order" affront-chair decides YF..S NO NO NO VOTE Complain about noise, room "Point of privilege" temperature, etc. YES NO NO NO VOTE Recess the meeting "I move that we recess until..." NO YFIS NO MAJORITY Adjourn the meeting "I move that we adjourn" NO YES NO MAJORITY Governance Manual 29 EXRMY.C A-4 LEGISLATIVE PROCESS FLOW CHART Citizens City Council (proposed draft) City Manager (proposed draft) Council Study Session (Council draft or summary) lf'~©ai Initiative filed (only for matters subject to Administration initiative in accordance with study Washington law) d raft (proposed draft) City Council ISM Reading Election held Public Meeting (Council draft) I IF City Council 2"' Reading If approved by voters, Ordinanes ordinance prepared (Council ordinance) ADOPTED POLICYILAW OF THE CITY Governance Manual 30 E,X -BTT A-5 1. Standing Committees or Commissions required by law shall be appointed by Mayor for a time certain not to exceed the term provided by law or the term of office of the appointing Mayor and confirmed by Council: Finance 3 members Planning Commission - 7 members Lodging Tax Advisory Committee 5 members. Conunittee Procedures: The Finance Committee shall have no regular prescribed duties or meetings except the bills/payroll and warrant procedures required by state law, unless specifically charged by the City Council. Committee meetings (when held) should be open to the public, including the media, unless discussing matters which would qualify for an executive session if discussed within the whole Council. All Council Committee meetings shall be for the purpose of considering legislative policy matters, rather than administrative matters unless requested by the City Manager. Legislative policy considerations should be brought to the Council-of-the-Whole, unless referred to a committee for pre-study. The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for the purpose of advising the Council in legislative policy matters. All ad hoc committees shall be defined by a clear task and a method of "sunsetting" the committee at the conclusion of the assigned task. 2. Council liaison appointees shall be appointed by the Mayor and confirmed by the Council fora time certain not to exceed the term of the appointing Mayor. 3. Liaison Procedures. Individual members of the Council may be assigned as liaisons whose duties involve keeping current with a group or activity by either attendance when the group or activity. takes place or communication with appropriate leaders so the liaison Councilmember can keep Council informed. Liaisons may, at times, advocate Council actions on behalf of their assigned group or activity. Extreme care must be taken to avoid an Appearance of Fairness Doctrine violation, or conflict of interest possibilities with agencies or circumstances where such possibilities may exist (i.e.: Planning Commission quasi-judicial). Liaisons functions and duties may be further defined and/or directed by the Presiding Officer with concurrence of Council. 4. Task Force Creation Criteria. The City Council may, from time to time, create, and appoint members to, small Task Force Groups for the purpose of examining issues and making recommendations important to the City Council but not requiring the more formalized process stated in (5) below. In all cases, the instrument appointing a Task Force shall prescribe a time certain for the work of the Task Force, contain a clear task assignment and a method of "sunsett.ing" the group upon completion of the task.. 5. Task Force/Public Forum Steering Group for Public Issues of high interest/high impact. Upon motion of the City Council, a Councilmember may be appointed by the Mayor as a liaison leader to organize a steering group to strategize a particular community subject or issue. 'rhe steering group shall consist of two Councihnenlbers and one representative of City Administration. The Councilmembers shall be appointed by the Mayor and the technical support shall be appointed by the City Manager. Such appointments shall identify the task(s) and a method of determining how the group shall "sunset" when the task is completed. The steering group shall serve as a collection point for information and activity pertaining to the task or issue assigned. Various City representation roles and Council liaisons may be involved in bringing information together on the task or issue. The steering group liaison informs Council of the group's activity at Council meetings (when appropriate). A task force group may then be created by Council motion (directive) to function according to the model attached as Exhibit A6(1). Governance Manual 31 \6. Task Force/Public Forum Procedures. When major public policy development warrants, and after adequate preparation of issues and alternatives, the steering group may conduct larger citizen forums to help develop a public consensus on the issues. The product of such citizen forums, when held, shall be presented to the City Council prior to the customary City Council deliberations (i.e., agenda actions, public hearings, etc.) which could normally result in final action. The procedures are further illustrated in Exhibit A6(1) attached. The City Manager may also appoint such ad hoc or special projects administrative advisory task groups as he or she may deem necessary to assist City administrative activity. Such appointments shall identify the task(s) and a method of determining how the group shall "sunset" when the task is completed. 7. Citizens Task Force Steering Procedures. When the nature of a major issue indicates a need for increased citizen involvement or expertise at the steering level of a task force, the Council may, by legislative directive, commission a Citizens Task Force Steering; Group consisting of one (1) councilmember, one (1) qualified citizen, and the City Manager. The Citizens Task Force shall function in a manner similar to the 'task Force Procedures contained in Sections 4 and 5 above. The procedures are further illustrated in Exhibit A7, attached. 8. Multi-Agency Coordinating Task Force Steering Procedures. When a major public/private effort involves key agencies outside of City Government but vital to community coordination, the Council may create by legislative directive, an appropriately named (Multi-Agency) Coordinating Task Force Steering Group. Membership shall consist of one (1) councilmember, the City Manager, one (1) representative from cacti City Board or Couunission key to the issue or project and one (1) member from each private, non-profit agency with key interest or resources vital to the issue or project. Each agency shall appoint one (1) member to serve on the Steering Group and one (1) member to serve as alternate. Except for the first organizational start-up meeting, alternates shall not attend Steering Group meetings. Steering Group members shall function in a manner similar to the task force procedures described in Sections 4, 5, and 6 above. The procedures are further illustrated in Exhibit A6(2) attached. 9. General Town Hall/Ncighborhood Meetings. The public should be encouraged to attend regular and special City Council meetings to participate in their government. The City Council Rules of Procedure are designed to facilitate an open atmosphere for citizen participation. However, any two (2), but not more than three (3), members of the City Council may desire to convene a citizens' town hall/neighborhood meeting or series of meetings for the purpose of providing a general fora n on city operations. Such town hall meetings shall, when convened, provide information pertaining to any known issues as well as opportunity for citizens to express their views on any subject. The Councilmembers may request that the City Manager or his/her designee attend these meetings to answer questions on administrative matters. Although not official council meetings, members of the City Council shall report issues to the City Council. Councilmembers should avoid discussion or receiving testimony which pertains or may pertain to potential lawsuits, land use issues, or other quasi- judicial proceedings which might later come before the Council. Governance Manual 32 EXHMIT A-6(1) TASK FORCE/TOWN HALL 31EETIi tGS GENERAL MODEL EXffiBYT A-6(1) TASK FORCE/TOWN HALL MEETINGS GENERAL MODEL City council Fun ?tblicieput Meetings Fcrsr Fzmd cm_da Ifslsaa Ralc • dkaariaa V±b O~nrr~ cslrs Lfram ma d twa --Y Pcbiic Pro=w I c=M=k p~lia ivy ra ,nn;p h ring, ex: Task Force ~d to CoaacJ bey Steering" ! emmbg group ' 2 Couaca (aopeinied by Mayor) Public Process Role. City -I&sger Opca Sabjeas Tcm~ I3oU Aicei:ag `Fa .Ic Forac public- . , (Technical SuppOZ<) Fsssrams Mb= Toren dI7GT,.L1Ca casi"&m6 Appoia and by CM stccdnb•(ro_p _ • •FLble Fm= r.um= w q ft- to CataeA by Naga FA MesCags . P,cc u R rasanmt aL'Caxr3 sasiau 7ievie=ore di =z y to M=s by Comd1=mbtr, gzDlic 3t fate furur +t a lum% s d.rJap •Caa be sa 5ppoirted cane gaip wib es:seasw _=ad gnl:L'c inttuta or diecd group, MOTION 'To Approre the'T`asUorodrown Hall General Mode! Hcrcln Containcd and Incorporated as Tisbibit A6(1) of the City of Ragioaal Groups TechWcal Groups S Local Interest Gioaps Spokane Vaacy Cbanta Rnics of Procedare." Organizations S OaTantuatiens W N Governance Manual 33 EXHIBIT A-6(2) :i MUI.,'1'.I-AGENCY C00RDINATfNG TASK ORCE 1TQDEL YXMrrA-6(2) MUL77-AgCNCV OOORDLNATING TASH FORCE MODEL ; CityCouacil Ftml?dli:i[p:t Lldsonlinb lYicctinrJs }Cart k xil 'dmtg t3 !r~ dEtaa~; ptlh Ntc Ctty !ir =a °rY ea 1~a a nble Praa:~ mass FAD; Y7C t w eo 6 Nor City A~•ylC-x4 • p; Taslt Farcc Cfty Baud or Taslt Fnrrt Imp -t Steering, Group C and--iaa Brpa:t ID Cu= -U by _ ~sia¢ eraro 1Ltr •?~y?Gsa~ _ ~a?tca i Gwv Bad c, s r4m 2-NmCi1yA=--'1G aq I-'' on Cr•au> T^""tr Toro Public. City Agmcyl aLmhlg:ayeppC- ita Form=* eam ) I>:`tttmm. tad Coca gum byetr=dtvg;,q- •OpmADS Fri. Cnn:nn •rSA1FiLN=lisyy p 11cyby IL-sti'tTtDtL3"1'~Cx$s~i:1 rs=m a-r4y ID •i~p'~„-~1a1, VOW Ba=byMS---bt:m G-p 7-Um Us &M farces l ,m '.c•clr, •Cimba o agFcwe. car. go up et~i ~scna 9-3 pobts :u= ar Cad yam, MOTION °ro Appmt thz iltaiti..Ag--ry • • CoordactingAA- Fcvurc=%1hfadA P6a Comamzity • G3fhcr Wor=don Chsrt Hareih CSntaiced and buirpmmEnd as Lftmonfin zad 'TxhdmJ Grmps & Loral Intrust Gr=ps Ilrblbtt A6M at fhe Qty atSpalmc Ydey favalvemezt Saatt s Ore' flora G OrEnalatians Govtzu=:e Coonfta ioa Itch at Sir7Xt Ch h% de. Pnxadurr.° r \.1 f Govemance Manual 34 EX H,-BIT A-7 CITIZEN'S TASK FORCE GENERAL MODEL CHART i 4KOIHIT A-7 ?F.0= go A%, -~o 0ti=* Task Fart" Gmara! Madt+Chnrt S~ Caat> :d rsd iccmpar ! ttsilhit i17 gf$s c ,y a! e-,13;l=YQB-yCv=c3RdL c!Aa:3ur " G CITIZENS TASK FORCE I n9. ~ ~ F1nn1PaGEalnpu;FOrim n'dyw: CovncO 'Q°! • ' ~t" wbr~- GENERAL TAODEL meniin8a carir ent , yfs Caari r, al» c Keen. Fmcs Task Fotco Steering - 1 Council - I3prol k. by Mqc~ cmun lapu: Path 1 Citizen - spat b Ca ad trY-ring SrxA 7u87tLd orry ed by CaarvA . xc-d!y oG~I t, po n ce pay). Pnzcs~ • - ox nunity Wnsa cru itch Public Forunv; 1 Staff • Cf-- tout Consensus Fanurm (a, p,^-Ir„ Cd 9y Ctf ' Tusk r lrte Pmxntotkr., grau~.r7xrtukss - hlaaoE-r) ' Te+m Hi.J Mantas ma att b- ec abp eorseaws lafarW2d=eaardlastcdM ' OJleis (TCtlttdrsllgrpyo`} rsbtQinBOroup•aspartstD W unca M Uakaa of L'~otty . ~ • tc pr~y'Ic tsslc fates fanun. - fL•••r, msent don l Cear a Rot= - by coum--Wnasttcr. Cl~ or Staff i 1 tsnl ~rw'1 To-"nt-.alCm•? 3 fiogFna! Gto:ps ~ q,.~n,-r.~a~ d Craan>zafaps w ' Governance'Martual 35 PXHBTT A-R " Chapter 35A.13 RCW Council-manager plan of government Chapter Listing RCW Sections 35A.13.010 City officers - Size of council. 35A.13,020 Election of councilmen - Eligibility - Terms Vacancies Forfeiture of office Council chairman. 35A.13.030 Mayor - Election - Chairman to be mayor - Duties. 35A.13.033 Election on proposition to designate person elected to position one as chairman - Subsequent holders of position one to be chairman. 35A.13.035 Mayor pro tempore or deputy mayor. 35A.13.040 Compensation of councilmen - Expenses. 35A.13.050 City manager - Qualifications. 35A.13.060 City manager may serve two or more cities. 35A.13.070 City manager- Bond and oath. 35A.13.080 City manager- Powers and duties. 35A.13.090 Creation of departments, offices, and employment Compensation. 35A.13.100 City manager-- Department heads- Authority. 35A.13.110 City manager - Appointment of subordinates - Qualifications Terms. 35A.13.120 City manager- Interference by council members. 35A.13.130 City manager - Removal - Resolution and notice. 35A.13.140 City manager- Removal - Reply and hearing. 35A.13.150 City manager Substitute. 35A.13.160 Oath and bond of officers. 35A.13,170 Council meetings Quorum - Rules - Voting. 35A.13.180 Adoption of codes by reference. 35A.13.190 Ordinances Style - Requisites - Veto. 35A.13.200 Authentication, recording and publication of ordinances. 35A.13.210 Audit and allowance of demands against city. 35A.13.220 Optional division of city into wards. 35A.13.230 Powers of oouncil. 35A.13.010 City officers - Size of council. The eouncilmembers shall be the only elective officers of a code city electing to adopt the council-manager plan of government authorized by this chapter, except where statutes provide for an elective municipal judge. The council shall appoint an officer whose title shall be "city manager" who shall be the chief executive officer and head of the administrative branch of the city government. The city manager shall be responsible to the council for the proper administration of all affairs of the code city. The council of a noncharter code city having less than twenty-five hundred inhabitants shall consist of five members; when there are twenty-five hundred or more inhabitants the council shall consist of seven members: PROVIDED, That if the population of a city after having become a code city decreases from twenty-five hundred or more to less than hwenty-five hundred, it shall continue to have a seven member council. If, after a city has become a council-manager code city its population increases to twenty-five hundred or more inhabitants, the number of councilmanic offices in such city may increase from five to seven members upon the affirmative vote of a majority of the existing council to increase the number of councilmanic offices in the city. When the population of a council-manager code city having five councilmanic offices increases to five thousand or more inhabitants, the number of councilmanic offices in the city shall increase from five to seven members. In the event of an increase in the number of councilmanic offices, the city council shall, by majority vote, pursuant to RCW 35A.13,020, appoint two persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two-year term and one person shall be elected for a four-year term. The number of inhabitants shall be determined by the most recent official state or federal census or determination by the state office of financial management. A charter adopted under the provisions of this title, incorporating the council-manager plan of government set forth in this chapter may provide for an uneven number of councilmembers not exceeding eleven. Governance Manual 36 A noncharter code city of less than five thousand inhabitants which has elected the council-manager plan of government and which has seven oouncilmanic offices may establish a five-member council in accordance with the following procedure. At least six months prior to a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of councilmanic offices to five. The ordinance shall specify which two councilmanic offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040. However, a noncharter code city that has retained its old council-manager plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government. 11994 c 223 § 35; 1994 c 81 § 72:1987 c 3 § 16; 19x5 c 106 § 2:1983 c 128 § 2; 1979 ex.s. c 18 § 24:1979 c 151 § 34; 1967 ex.s. c 119 § 35A.13.010.J Notes: Severability 1987 c 3: See note following RCW 3.46.020. Severability 1979 ex.s. c 18: See note following RCW 35A.01.070. Population determinations, office of financial management: Chapter 43.62 RCW. 35A.13.020 Election of councilmen - Eligibility - Terms - Vacancies - Forfeiture of office - Council chairman. In council-manager code cities, eligibility for election to the council, the manner of electing councilmen, die numbering of council positions, the terms of councilmen, the occurrence and the filling of vacancies, the grounds for forfeiture of office, and appointment of a mayor pro tempore or deputy mayor or councilman pro tempore shall be governed by the corresponding provisions of RCW 35A.12.030, 35A.12.040, 35A.12.050, 35A.12.060, and 35A.12.065 relating to the council of a code city organized under the mayor-council plan, except that in council-manager cities where all council positions are at-large positions, the city council may, pursuant to RCW 35A.13.033, provide that the person elected to council position one shall be the council chairman and shall carry out the duties prescribed by RCW 35A.13.030. [1994 c 223 § 36; 1975 1st ex.s. c 155 § 1; 1967 ex_s. c 119 § 35f+.13.020.J 35A.13.030 Mayor - Election - Chairman to be mayor - Duties. Biennially at the first meeting of the new council the members thereof shall choose a chairman from among their number unless the chairman is elected pursuant to RCW 35A.13.033, The chairman of the council shall have the title of mayor and shall preside at meetings of the council: In addition to the powers conferred upon him as mayor, he shall continue to have all the rights, privileges, and immunities of a member of the council. The mayor shall be recognized as the head of the city for ceremonial purposes and by the governor for purposes of military law. He shall have no regular administrative duties, but in time of public danger or emergency, if so authorized by ordinance, shall take command of the police, maintain law, and enforce order. [1975 1st cx.s. c 155 § 2; 1967 ex.s. c 1 i 9 § 35A.13.430.1 35A.13.033 Election on proposition to designate person elected to position one as chairman -Subsequent holders of position one to be chairman. The city council of a council-manager city may by resolution place before the voters of the city, a proposition to designate the person elected to council position one as the chairman of the council with the powers and duties set forth in RCW 35A.13.030. If a majority of those voting on the proposition cast a positive vote, then at all subsequent general elections at which position one is on the ballot, the person who is elected to position one shall become the chairman upon taking office. [1975 U t ex.s. c 155 § 3.] Goveniance Manual 37 35A.13.035 Mayor pro tempore or deputy mayor. Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate one of their number as mayor pro tempore or deputy mayor for such period as the council may specify, to serve in the absence or temporary disability of the mayor, or, in lieu thereof, the council may, as the need may arise, appoint any qualified person to serve as mayor pro tempore in the absence or temporary disability of the mayor. In the event of the extended excused absence or disability of a councilman, the remaining members by majority vote may appoint a councilman pro tempore to serve during the absence or disability. p969 ex.s. c 81 § 1.INotes: Effective date --1969 ex.s. c 81: 'This 1969 amendatory act shall take effect July 1, 1969." [1969 ex.s. c 81 § 7.) 35AA 3.04.0 Compensation of councilmen - Expenses. The salaries of the councilmen, including the mayor, shall be fixed by ordinance and may be revised from time to time by ordinance, but any increase or reduction in the compensation attaching to an office shall not become effective until the expiration of the term then being served by the incumbent. PROVIDED, That compensation of councilmen may not be increased or diminished after their election nor may the compensation of the mayor be increased or diminished after the mayor has been chosen by the council. Until councilmen of a newly-organized council-manager code city may lawfully be paid as provided by salary ordinance, such councilmen shall be entitled to compensation in the same manner and in the* same amount as councilmen of such city prior to the adoption of this council-manager plan. Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city, the first councilmen shall be entitled to compensation as follows: In cities having less than five thousand inhabitants - twenty dollars per meeting for not more than two meetings per month; in cities having more than five thousand but less than fifteen thousand inhabitants a salary of one hundred and fifty dollars per calendar month; in cities having -l more than fifteen thousand inhabitants a salary of four hundred dollars per calendar month. A councilman who is occupying the position of mayor, in addition to his salary as a councilman, shall be entitled, while serving as mayor, to an additional amount per calendar month, or portion thereof, equal to twenty-five percent of the councilmanic salary: PROVIDED, That such interim compensation shall remain in effect only until a salary ordinance is passed and becomes effective as to such officers, and the compensation provided herein shall not be construed as fixing the usual compensation of such officers. Councilmen shall receive reimbursement for their actual and necessary expenses incurred in the performance of the duties of their office, or the council by ordinance may provide for a per diem allowance. Procedure for approval of claims for expenses shall be as provided by ordinance. 11979 ex.s. c 18 § 25; 1967 cRx.s. c 119 § 35.413.OA0.1 Notes: Severability -1979 ex.s. c 18: See note following RCW 35A.01.070. 35A.13.050 City manager - Qualifications. The city manager need not be a resident at the time of his appointment, but shall reside in the code city after his appointment unless such residence is waived by the council. He shall be chosen by the council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office. No person elected to membership on the council shall be eligible for appointment as city manager until one year has elapsed following the expiration of the term for which he was elected. 11967 o". c 119 § 35A.1 .o .1 Governance Manual 38 35A.13.060 City manager may serve two or more cities. Whether the city manager shall devote his full time to the affairs of one code city shall be determined by the council. A city manager may serve two or more cities in that capacity at the same time. [1967 ex.s. c 119 § J55A.13,0S0-I 35A.13.070 g d. rh his office the city manager shall take an oath or affirmation for the faithful performance of his duties and shall execute and file with the clerk of the council a bond in favor of the code city in such sum as may be fixed by the council. The premium on such bond shall be paid by the city. (1967 ex.s. c 119 § 22A.13.0M.) 35A.13.080 City manager - Powers and duties. The pourers and duties of the city manager shall be: (1) To have general supervision over the administrative affairs of the code city; (2) To appoint and remove at any time all department heads, officers, and employees of the code city, except members of the council, and subject to the provisions of any applicable law, rule, or regulation relating to civil service: PROVIDED, That the council may provide for the appointment by the mayor, subject to confirmation by the council, of a city planning commission, and other advisory citizens' committees, commissions, and boards advisory to the city council: PROVIDED FURTHER, That if the municipal judge of the code city is appointed, such appointment shall be made by the city manager subject to confirmation by the council, for a four year term. The council may cause an audit to be made of any department or office of the code city government and may select the persons to make it, without the advice or consent of the city manager; (3) To allend all meetings of the council at which his attendance may be required by that body; (4) To see that all laws and ordinances are faithfully executed, subject to the authority which the council may grant the mayor to maintain law and order in times of emergency; (5) To recommend for adoption by the council such measures as he may deem necessary or expedient; (6) To prepare and submit to the council such reports as may be required by that body or as he may deem it advisable to submit; (7) To keep the council fully advised of the financial condition of the code city and its future needs; (8) To prepare and submit to the council a proposed budget for the fiscal year, as required by chapter 35A.33 RCW, and to be responsible for its administration upon adoption; (9) To perfoml such other duties as the council may determine by ordinance or resolution. (1987 c 3 § 17; 1967 ex.s. c 119 § 35A.13.080.1 Notes: Severability 1987 c 3: See note following RCW 3.46.020. 35A.13.090 Creation of departments, offices, and employment- Compensation. On recommendation of the city manager or upon its own action, the council may create such departments, offices, and employments as it may find necessary or advisable and may determine the pourers and duties of each department or office. Compensation of appointive officers and employees may be fixed by ordinance after Governance Manual 39 recommendations are made by the city manager. The appointive officers shall include a city clerk and a chief of police or other law enforcement officer. Pursuant to recommendation of the city manager, the council shall make provision for obtaining legal counsel for the city, either by appointment of a city attorney on a full time or part time basis, or by any reasonable contractual arrangement for such professional services. [1967 exs. c 119 § 35.4.13.090.] 35A.13.100 City manager - Department heads - Authority. The city manager may authorize the head of a department or office responsible to him to appoint and remove subordinates in such department or office. Any officer or employee who may be appointed by the city manager, or by the head of a department or office, except one who holds his position subject to civil service, may be removed by the manager or other such appointing officer at any time subject to any applicable law, rule, or regulation relating to civil service. Subject to the provisions of RCW 35A.13.080 and any applicable civil service provisions, the decision of the manager or other appointing officer, shall be final and there shall be no appeal therefrom to any other office, body, or court whatsoever. [1967 ex.s. c 119 § 35A-13.100.] 35A.13A 10 City manager - Appointment of subordinates - Qualifications - Terms. Appointments made by or under the authority of the city manager shall be on the basis of ability and training or experience of the appointees in the duties which they are to perform, and shall be in compliance with provisions of any merit system applicable to such city. Residence within the code city shall not be a requirement. All such appointments shall be without definite term. 11967 ex.s. c 119 § 35A.1 ,110.1 35A.13 A 20 City manager - Interference by council members. Neither the council, nor any of its committees or members, shall direct the appointment of any person to, or his removal from, office by the city manager or any of his subordinates. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the manager and neither the council nor any committee or member thereof shall give orders to any subordinate of the city manager, either publicly or privately. The provisions of this section do not prohibit the council, while in open session, from fully and freely discussing with the city manager anything pertaining to appointments and removals of city officers and employees and city affairs. (1957 ex.s. c 119 § 35A_13.1 n.) 35A.13.130 City manager - Removal - Resolution and notice. The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the council. At least thirty days before the effective date of his removal, the city manager must be furnished with a formal statement in the form of a resolution passed by a majority vote of the city council stating the council's intention to remove him and the reasons therefor. Upon passage of the resolution stating the council's intention to remove the manager, the council by a similar vote may suspend him from duty, but his pay shall continue until his removal becomes effective. [1957 ex.s. c 119 § 35A.13.130.I 35A.13.140 City manager - Removal - Reply and hearing. The city manager may, within thirty days from the date of service upon him of a copy thereof, reply in writing to the resolution stating the council's intention to remove him. In the event no reply is timely filed, the resolution shall upon the thirty-first day from the date of such service, constitute the final resolution removing the manager and his services shall terminate upon that day. If a reply shall be timely filed with the city clerk, the council shall fix a time for a public hearing upon the question of the managers removal and a final resolution removing the manager shall not be adopted until a public hearing has been had. The action of the council in removing the manager shall be final. [1967 ex.s. c 119 § 35A.13.140.] Governance Manual 40 35AA 3.150 i PogPcaRiViy ck4lala e R'qualified administrative officer of the city or town to perform the duties of manager: (1) Upon the adoption of the council-manager plan, pending the selection and appointment of a manager; or (2) Upon the termination of the services of a manager, pending the selection and appointment of a new manager, or (3) During the absence, disability, or suspension of the manager. it 957 ex.s. c 119 A.13.1§2.1 35A.13.160 Oath and bond of officers. All provisions of RCW 35A.12.080 relating to oaths and bonds of officers, shall be applicable to code cities organized under this council-manager plan. 11967 ex-s. c 119 § 3 13.160.1 35A.13.170 Council meetings - Quorum - Rules - Voting. All provisions of RCW 35A.12.110, as now or hereafter amended, and 35A.12.120, relating to council meetings, a quorum for transaction of business, rules and voting at council meetings, shall be applicable to code cities organized under this council-manager plan. [1979 ex.s. c 18 § 26: 1967 ex s. c 119 § 35A.13.170.1 Notes: Severability -1979 ex.s. c 18: See note following RCW 35A.01.070. 35A.13.180 Adoption of codes by reference. Ordinances of cities organized under this chapter may adopt codes by reference as provided in RCW 35A.12.140. (1967 ex.s. c 119 § 35A.13.180.1 35A.13A 90 Ordinances - Style - Requisites -Veto. The enacting clause of all ordinances shall be as follows: "The city council of the city of do ordain as follows:" No ordinance shall contain more than one subject and that must be clearly expressed in its title. No ordinance or any section or subsection thereof shall be revised or amended unless the new ordinance sets forth the revised ordinance or the amended section or subsection at full length. No ordinance shall take effect until five days after the date of its publication unless otherwise provided by statute or charter, except that an ordinance passed by a majority plus one of the whole membership of the council, designated therein as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace, may be made effective upon adoption, but such ordinance may riot levy taxes, grant, renew, or extend a franchise, or authorize the borrowing of money. [1967 ex.s. c 119 § 35A.13.190.1 35A.13.200 Authentication, recording and publication of ordinances. Ordinances of code cities organized under this chapter shall be authenticated, recorded and published as provided in RCW 35A.12.150 and 35A.12.160. [1967 ex.s. c 119 § 35A. 13.200.1 Governance Manual 41 35A.13.210 r , Audit and allowance of demands against city. RCW 35A.12.170 shall apply to the audit and allowance of demands against the city. [1967 ex.s. c 119 § 35A.13.210.1 35A.13.220 Optional division of city into wards. A code city organized under this chapter may be divided into wards as provided in RCW 35A.12.180. 11967 ex.s. c 119 § 35A6 132MI 35A.13.230 Powers of council. The council of any code city organized under the council-manager plan provided in this chapter shall have the powers and authority granted to legislative bodies of cities governed by this title as more particularly described in chapter 35A.11 RCW, except insofar as such power and authority is vested in the city manager. [1967 exs. c 119 § 35A.13.230.1 i ~ Governance Manual 42 ,YKI$IT AA CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 07-019 AA IENDFD GENERAL POLICY RESOLUTION OF CORE BELIEFS A RESOLUTION OF THE CCfY OF SPOKANE VALLEY AMENDING RESOLUTION 03-027, ESTABLIS14NC A GENERAL POLICYR.ESOLUTION EMANATING FROM THE CORE. BELIEFS OF '1'Iffi CITY COUNCIL AND COMMUNITY AND SETTING FORTH DUTIES OF 130TH ELECTED ANT) APPOINTED OFFICIALS OF THE CITY TO HELP GUIDE LEGISLATIVE ANN) EXECUTIVE DECISIONS TOWA.R.D EFFECTIVE, RESPONSIVE, AND OPEN GOVERNMENT WTffRFAS, the City Council of the City of Spokane Valley, as the elective legislative body, is charged with promulgating Ordinances and Resolutions which become the law of the city; and WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and in harmony with, all other applicable federal and state statutes and regulations; and WHEREAS, the City Council desires to provide a clear set of general policy guidelines for the conduct of city government; Section 1. Modifying Resolution 03-027 as set forth below by adding new section 7. The remainder of the resolution 03-027 is unchanged: NOW, THEREFORE:, the City Council of the City of Spokane Valley does hereby affirm rind resolve that the following core beliefs shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City Government. Section 1. We believe that Spokane Valley should be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. Section 2. We believe that elected body decision-making is the only lawful and effective way to conduct the public's legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making. Section 3. We believe in the City Council as policy leaders of the City. One or more City Councilmembers are encouraged to take the lead, where practical, in sponsoring Ordinances or Resolutions excepting quasi-judicial or other public hearings and the statutory duties of the City Manager as set forth in RCW 35A.13.020. Section 4. We believe in hearing; the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonable rules of procedure when the public business is being considered, thus giving elected officials the broadest perspectives from which to make decisions. Governance Manual 43 Section 5. We believe that the City of Spokane Valley's governance should be known as "user friendly,and that governance practices and general operations should consider how citizens will be served in the most responsive, effective and courteous manner. Section 6. We believe that the economic and commercial job base of the community should be preserved and encouraged to grow as an alternative to increasing property taxes. We believe it imperative to have an expanded and diverse economic base, Section 7. We believe that Councilmembers set the tone for civic discussion and should set an example by: (a) Setting high standards of decorum and civility. (b) Encouraging open and productive conversation amongst themselves and with the community about legislative matters. (c) Demonstrating respect for divergent points of view expressed by citizens, fellow Councilmembers and the staff. (d) Honoring each other and dae public by debating issues within City Hall and the Community without casting aspersions on members of Council, the staff, or the public. (e) Accepting the principle of majority rule and working to advance the success of "corporate" decisions. Section 8. We solicit the City Manager's support in conducting the affairs of the city with due regard for: (a) Promoting mutual respect between the Citizens, City staff and the City Council by creating the organizational teamwork necessary for effective, responsive and open government. J (b) Providing the City Council and public reasonable advance notice when issues are to be brought forward for discussion. (c) Establishing and maintaining a formal city-wide customer service program with emphasis on timely response, a user-friendly atmosphere, and an attitude of facilitation and accommodation within the bounds of responsibility, integrity, and financial capability of the city, including organizational and job description documents while pursuing "best practices" in customer service. (d) Seeking creative ways to contain or impede the rising cost of governmental services, including examination of private sector alternatives in lieu of governmentally provided services. (e) Providing a data base of future projects and dreams for the new City of Spokane Valley so that good ideas from its citizens and leaders are not- lost and the status of projects can be readily determined. Approved by the City Council this I Ph day of December, 2007. ATTEST: Diana Wilhite, Mayor Christine Bainbridge, City Clerk Approved as to form: Office of the City Attorney Governance Manual 44 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 11, 2007 City Manager Sign-off- Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing ❑ information admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration - Acceptance of grant funds from the Washington State Office of Public Defense for Community Relicensing program. GOVERNING LEGISLATION: RCW 10.101.050 PREVIOUS COUNCIL ACTION TAKEN: Administrative report and motion consideration regarding submittal of the grant application on November 7, 2007. BACKGROUND: As the Council is aware, staff requested authorization to apply for a grant from the Washington State Office of Public Defense (OPD). There is a total of $300,000 available to up to six approved applications for new projects ($600,00 for all programs, including recurring programs). The statute authorizing the grant program (RCW 10.101.050) provides that funds are anticipated to make "appreciable, demonstrable improvements in the delivery of public defense services." The OPD anticipates notifying local jurisdictions whether they are to receive grant funds prior to Christmas, and more likely by December 17, 2007. Staff is now seeking authorization to accept any grant funds from OPD for this project. This sequential approach was taken due to the very short notice for review and consideration of the grant in November. In the event the grant is not approved, staff will advise the Council, and seek direction on whether to have staff or Howard Delaney from the City of Spokane or somebody from Spokane County to come back and make a direct request for what would be the City's portion of the cost for 2008, anticipated to be between $20,000 and $25,000. OPTIONS: Request more information; authorize staff to accept the grant funds with the City of Spokane. RECOMMENDED ACTION OR MOTION: I move that we authorize staff to accept any grant funds as outlined herein from the Washington State Office of Public Defense for funds to operate the Community Relicensing Program. BUDGET/FINANCIAL IMPACTS: As outlined above. STAFF CONTACT: Cary Driskell, Deputy City Attorney; Howard Delaney, Spokane City Prosecutor. ATTACHMENTS: None. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 11, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent © old business ❑ new business ❑ public hearing ❑ information I] admin. report ® pending legislation AGENDA ITEM TITLE: First Reading Proposed Ordinance 07-026 Comprehensive Plan Amendments PREVIOUS ACTION TAKEN: None PREVIOUS COUNCIL ACTION TAKEN: On December 4, 2007, Council was briefed at the study session on comprehensive plan map amendments CPA-01-07 through CPA-17-07 and on comprehensive plan text amendments to Chapter 3, Transportation and Chapter 4, Capital Facilities and Public Services. BACKGROUND: The Spokane Valley Comprehensive Plan includes an annual amendment cycle that runs from November 2 to November 1 of the following year. Applications received prior to November 1" are considered by the Planning Commission in late winter/early spring of the following year, with a decision by City Council in late springlearly summer. The Comprehensive Plan Amendment schedule is not in accord with the timeline noted above due to the time demand involved in the adoption of the Uniform Development Code (UDC). X411 parts of the Comprehensive Plan (maps and text) can be amended during the annual cycle. The t;ommunity Development Department received 1 request from the public for a site-specific Comprehensive :'lan amendment; city staff initiated 16 other amendments (one was subsequently withdrawn) for 2007. Sites that are approved for a Comprehensive Plan Map amendment automatically receive a zoning designation that is consistent with the new Comprehensive Plan Map designation. Additionally, staff initiated Comprehensive Plan text amendments to Chapter 3, Transportation and Chapter 4, Capital Facilities and Public Services. Proposed changes to Chapter 3 include minor formatting/housekeeping -type amendments as well as updating information related to a number of sections within the chapter. Chapter 4 amendments involved updating the 6-year transportation improvement program as well as including information on other potential city capital projects. COMPREHENSIVE PLAN AMENDMENT PROPOSALS: Comprehensive plan map amendment proposals are organized into individual reports consisting of application materials, staff reports, comprehensive plan maps, zoning maps, aerial maps, vicinity maps, transportation maps, and letters submitted to date to assist the City Council's review. The Spokane Valley Planning Commission conducted a public hearing on October 25, 2007, to consider the proposed map and text amendments. After hearing public testimony, the Commission made recommendations on CPA-01-07 through CPA-09-07. The Commission continued the public hearing for CPA-10-07 thru CPA- 17-07 and proposed text amendments to November 8, 2007. Further research was requested on CPA-10-07 to determine an appropriate boundary for the proposed Regional Commercial designation. On November 8, 2007, the Planning Commission deliberated on CPA-10-07 through CPA-17-07 and proposed text amendments. The Planning Commission's recommendations on CPA-01-07 through CPA-17-07 are `summarized in the attached memorandum. The Commission's recommendations on Chapters 3 and 4 are - zontained in Exhibits 4 and 5. 1 of 2 OPTIONS: Advance the ordinance to a second reading; remand to Planning Commission for further consideration; or conduct a public hearing on proposed deviations from the Planning Commission's recommendation. RECOMMENDED MOTIONS: Advance ordinance 07-026 to a second reading STAFF CONTACT: Greg McCormick, AICP, Planning Division Manager; Mike Basinger, AICP, Associate Planner ATTACHMENTS: Exhibit 1: Planning Commission Findings and Recommendations Exhibit 2: Draft Ordinances 2of2 SpiArane -Valle 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum To: Mayor and City Councilors From: Gail Kogel, Chair - Spokane Valley Planning Commission Date: December 4, 2007 Re: Planning Commission Findings and Recommendation: CPA-01-07 through CPA-17-07; Chapter 3, Transportation and Chapter 4, Capital Facilities and Public Services Text Amendments BACKGROUND The Spokane Valley Planning Commission conducted a public hearing on October 25, 2007, to consider proposed amendments to the Comprehensive Plari Land Use map and text. After hearing public testimony, the Commission made recommendations on CPA-01-07 thru CPA-09-07. The Commission continued the public hearing for CPA-10-07 thru CPA-17-07 and text amendments to November 8, 2007. Further research was requested on CPA-10-07 to determine an appropriate boundary for the proposed Regional Commercial Odesignation. On November 8, 2007, the Planning Commission deliberated on CPA-10-07 thru CPA-17-07 and proposed amendments to Chapters 3 and 4 of the Plan. The Planning Commission's findings and recommendation on CPA-01-07 thru CPA-17-07 and proposed text amendments to Chapters 3 and 4 are summarized below: FINDINGS 1. Notice for the proposed map and text amendments was placed in the Spokane Valley News Herald on October 5, 2007. Each map amendment site was posted with a °Notice of Public Hearing" sign, with a description of the proposal, and a State Environmental Policy Act (SEPA) determination. 2. Individual notice of the map amendment proposals was mailed to all property owners within 400 feet of each affected site. 3. Pursuant to the State Environmental Policy Act (SEPA - RCW 43.21 C) environmental checklists were required for each proposed comprehensive plan map and text amendment. 4. Staff reviewed the environmental checklists and a threshold determination was made for each comprehensive plan amendment request. Determinations of Non-significance (DNS) were issued for the requested comprehensive plan amendments on October 5, 2007. 5. The DNS's were published in the city's official newspaper on October 5, 2007 consistent with the City of Spokane Valley Environmental Ordinance. 6. The Spokane Valley Planning Commission conducted a public hearing on October 25, 2007, to consider the proposed amendments. After hearing public testimony, the Commission made recommendations on CPA-01-07 th ru CPA-09-07. 7. The Commission continued the public hearing for CPA-10-07 thru CPA-17-07 and proposed Plan text amendments to November 8, 2007. Further research was requested on CPA-10-07 to determine an appropriate boundary for the proposed Regional Commercial designation. 1 of 4 8. On November 8, 2007, the Planning Commission deliberated on map amendments CPA-10-07 thru CP^ 17-07 and proposed text amendments. i RECOMMENDATION Map Amendments File No. CPA-01-07 Location: South side of 16'h Avenue, west of its intersection with Sullivan; Parcel number 45261.0707 at 1607 S. Sullivan Rd Request: Change the Comprehensive Plan map designation from Low Density Residential to Neighborhood Commercial; corresponding zoning change from Single-family Residential Suburban District (R-2) to Neighborhood Commercial (NC) PC Recommendation: No Recommendation to date File No. CPA-02-07: Withdrawn File No. CPA-03-07 Location: Northwest corner of Pines and 32"d; Parcel No. 45284.2030 and 45284.2013 at 3010 S Pines Road Request: Change Comprehensive Plan from Neighborhood Commercial to High Density Residential; corresponding zoning change from Neighborhood Commercial (NC) to Multi-family High Density Residential District (MF-2) PC Recommendation: Change to High Density Residential and zone MF-2 File No. CPA-04-07 Location: East side of Pines, North of Mansfield Road.; Parcel No. 45103.0263, 45103.0262, 45103.0261, 45102.9074, and 45102.9057 Request: Change the Comprehensive Plan designation from High Density Residential to Office; corresponding zoning change from Multi-family High Density Residential District (MF-2) to Office (O) PC Recommendation: Change to Office and zone O File No. CPA-05-07 Location: Located on the north side of Mission at its intersection with marker Road; Parcel number 55083.6401 at 1612 N. Barker Road Request: Change the Comprehensive Plan designation from Low Density Residential to Neighborhood Commercial and corresponding zoning change from Single-family Residential Urban District (R-4) to Neighborhood Commercial (NC) PC Recommendation: Change to Neighborhood Commercial and zone NC File No. CPA-06-07 Location: East of McDonald Road, north of its intersection with Sprague; Parcel No. 45154.1717 at 102 N. McDonald Road Request: Change the Comprehensive Plan designation from Low Density Residential to Corridor Mixed-Use and corresponding zoning change from Single-family Residential District (R-3) to Corridor Mixed Use District (CMU) PC Recommendation: Change to Corridor Mixed-Use and zone CMU File No. CPA-07-07 Location: West of Argonne on the south side of Broadway Avenue; parcel no. 45184.0116 and 45184.0101 8910 E. Broadway Ave and 711 N. Argonne Road 2 of 4 CBequest: Change the Comprehensive Plan map designation from Office to High Density Residential; change J:oning classification from Garden Office (GO) to Multi-family High Density Residential District (MF-2) PC Recommendation: Change to High Density Residential and zone MF-2 File No. CPA-08-07 Location: North side of Cataldo, west of its intersection with Argonne; Parcel no. 45181.1224 at 9015 E Cataldo Ave. Request: Change the Comprehensive Plan map designation from Office to High Density Residential; change the zoning classification from Garden Office (GO) to Multi-family High Density Residential District (MF-2) PC Recommendation: Change to High Density Residential and zone MF-2 File No. CPA-09-07 Location: East of Pines, north of its intersection with Olive; parcel no. 45153.1715 at 512 N Pines Road Request: Change the Comprehensive Plan map designation from Office to High Density Residential; change zoning classification from Office (O) to Multi-family High Density Residential District (MF-2) PC Recommendation: Change to High Density Residential and zone MF-2 File No. CPA-10-07 Location: The corridor is part of the Barker interchange and runs from east of Greenacres Road to Hodges Road and from south of 1-90 to Alki Road; the southern border of the corridor extends along Alki from Greenacres to Michigan; there is a small portion included in the corridor that extends the border farther south from Alki to Appleway along Michigan, and then east to Hodges Road, the city boundary line. Request: Change the Comprehensive Plan map designation from Corridor Mixed-Use to Regional 0 Commercial; corresponding zone change to from Corridor Mixed Use (CMU) and Community Commercial (C) to Regional Commercial (RC). PC Recommendation: Change to Regional Commercial and zone Regional Commercial, except for a small residential tract located in the southwest portion of the proposed amendment. The Planning Commission recommends this residential tract be designated Low Density Residential. File No. CPA-11-07 Location: West of Park Avenue and on the south side of Nora; parcel numbers 35124.2504 and 35124.2606 at 7320 E. Nora Ave. Request: Change the Comprehensive Plan map designation from Public/Quasi-Public to Light Industrial; corresponding zone change from Community Facility (CF) to Light Industrial. PC Recommendation: Change to Light Industrial and zone 1-1 File No. CPA-12-07 Location: South side of Broadway, west of Ella Road; parcel no. 45183.0405 at 7816 E. Broadway Avenue. Request: Change the Comprehensive Plan map designation from High Density Residential to Office; corresponding zone change from Multi-family High Density Residential District (MF-2) to Office. PC Recommendation: Change to Office and zone Office File No. CPA-13-07 Location: East of Pines, between Pinecroft and Trent; parcel no. 45033.9024 and 45033.9042. Request: Change the Comprehensive Plan map designation from Public/Quasi-Public to Mixed Use; corresponding zone change from Community Facility (CF) to Mixed Use Center District. PC Recommendation: Change to Mixed Use and zone MUC File No. CPA-14-07 3of4 Location: South side of Mission, west of its intersection with Pines; parcel No. 45161.0246 at 12006 E. Missioil'-"", Avenue. 'I Request: Change the Comprehensive Plan map designation from Public/Quasi-Public to Office; corresponding zone change from Community Facility (CF) to Garden Office. PC Recommendation: Change to Office and zone GO File No.*CPA-15-07 Location: South side of 12th Ave, west of its intersection with McDonald; parcel No. 45223.9210 at 12912 E. 12~' Avenue. Request: Change the Comprehensive Plan map designation from Public/Quasi-Public to High Density Residential; corresponding zone change from Community Facility District (CF) to Multi-family High Density Residential District. PC Recommendation: Change to High Density Residential and zone MF-2 File No. CPA-16-07 Location: West of Long Road, south of its intersection with Maxwell; parcel no. 55182.0103 at 1409 N. Long Road. Request: Change the Comprehensive Plan map designation from Public/Quasi-Public to Low Density Residential; corresponding zone change from Community Facility (CF) to Single-family Residential District (R- 3). PC Recommendation: Change to Low Density Residential and zone R-3 File No. CPA-17-07 Location: North side of 10'h Avenue, west of Pines road; parcel number 45214.2531 at 924 S. Pines Road. Request: Change the Comprehensive Plan map designation from Low Density Residential to Corridor Mixed Use; corresponding zone change from Single-family Residential Suburban District (R-2) to Corridor Mixed Use,.. District (CMU). PC Recommendation: Change to Corridor Mixed Use and zone CMU Text Amendments - As indicated in attachments. Approved this 26~' day of November, 2007 Gail Kogle, Chair City of Spokane Valley Planning Commission 4 of 4 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 07-026 A\° ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, A11EN'DING ORDINANCE 06-010 ADOPTING THE CITY OF SPOKANE VALLEY COMPREHENSIVE, PLAN AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, through Spokane Valley Ordinance 06-010, the City of Spokane Valley adopted Land Use plans and regulations as set forth in the Comprehensive Plan;. Capital Facilities Plan, and Maps as the Comprehensive Plan of the City of. Spokane Valley; and WHEREAS, the Washington State Growth Management Act (GMA) allows comprehensive plans to be amended annually (RCW 36.70A130); and WHEREAS, amendments to the City of Spokane Valley Comprehensive Plan may be initiated by the Planning Conunission (Conunission), the City Council (Council) or by the Community Development Director based on citizen requests or when changed conditions warrant adjustments; and WHEREAS, the GIVIA requires comprehensive plans to be implemented with development regulations, including the zoning of property consistent with land use map designations; and NVIIEREAS, consistent with the GMA, City of Spokane Valley adopted Public Participation Guidelines to direct the public involvement process for adopting and amending comprehensive plans; and W`REREAS, the Comprehensive Plan provides that amendment applications shall be received until November 1 of each year; and. WHEREAS, applications were submitted by the applicant, owner or b amend the Comprehensive Play and %onvig Maps for the purpose of beneficially using the property described herein; and WHEREAS, following the application to the City, staff conducted an environmental review to determine the potential environmental impacts from the proposed amendments; and WHEREAS, after reviewing the Environmental Checklists, staff issued a Determination of Nonsignificance (DNS) for the proposals, published the DNS in the Valley News Herald, posted the DNS on the sites and mailed the DNIS to all affected public agencies; and WHEREAS, the Conunission conducted a briefing on September 27, 2007, to review the proposed amendments; and Ordinance 07-026 Comp Plan Amendments Page 1 of 7 DRAFT WITERF.AS, notice of the Commission public hearing was published in the Valley News Herald at least 14 days prior to the hearing; and WHEREAS, on October 5, 2007, notice of the Commission hearing was mailed to all property owners within 400 feet of the subject property ; and WHEREAS, notice of the hearing was posted on the subject property; and WHEREAS, the Commission received evidence, information, public testimony and a staff report and recommendation at a public hearing on October 25, 2007; and WHEREAS. the Commission conducted a public hearing on October 25, 2007, to consider proposed amendments to the Comprehensive Plan Land Use map and text. After hearing public testimony, the Commission made recommendations on CPA-01-07 thru CPA-09- 07. The Commission continued the public hearing to November 8, 2007 for CPA-10-07 through CPA-17-07 and text amendments. Further research was requested on CPA-10-07 to determine an appropriate boundary for the proposed Regional Commercial designation. On November 8, 2007, the Planning Commission deliberated on CPA-10-07 thru CPA-17-07 and proposed amendments to Chapters 3 and 4 of the Plan; and WI-TEREAS, the Con-unission deliberated on CPA-10-07 through CPA-17-07 and proposed amendments to Chapters 3 and 4 of the Plan on November 8, 2007; and ` FIEREAS, the Commission continued the November 8, 2007 public hearing to deliberate on CPA-10-07 ~ij2ugh CPA-17-07; the Commission recommended approval of all preceding amendments fi modifications t6 CPA-1047; and WHEREAS, on December 4, 2007, Council reviewed the proposed amendments; and NVIF-RrAS, on December 11, 2007, Council considered a first ordinance reading to adopt the proposed al-i".dment; and WHEREAS, on December 18, 2007, Council considered a second ordinance reading at which time Cotuicil approved written findings of fact setting forth their basis for reconunending approval of the proposed amendments. NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows: Section 1. Purpose. Tlie purpose of this Ordinance is to amend the Comprehensive Plan and Map(s) adopted through Ordinance No. 06-010, and amend the Comprehensive Plan text adopted through Ordinance No. 06-010. Section 2. Findings. The City Council acknowledges that the Commission conducted appropriate investigation and study, held a public hearing on the application and recommends Ordinance 07-026 Comp Plan Amendments Page 2 of 7 DRAFT approval of the amendments to the Comprehensive Flan map and text. The City Council hereby adopts the fuidings of the Commission, specifically that: 1. Notice for the proposed map and text amendments was placed in the Spokane Valley News Herald on October 5, 2007. Each map amendment site was posted with a "Notice of Public Hearing" sign, with a description of the proposal, and a State Environmental Policy Act (SEPA) detemnation. 2. Individual notice of the map amendment proposals was mailed to all property owners within 400 feet of each affected site. 3. Pursuant to the State Environmental Policy Act (SEPA -RCW 43.21C) environmental checklists were required for each proposed comprehensive plan inap and text amendment. 4. Staff reviewed the environmental checklists and a threshold determination was made for each comprehensive plan amendment request. Determinations of Non-significance (TANS) were issued for the requested comprehensive plan amendments on October 5, 2007. 5. The DNS's were published in the city's official newspaper on October 5, 2007 consistent with the City of Spokane Valley Environmental Ordinance. 6. Appropriate environmental review was conducted and all SEPA requirements were met. 7. The Spokane Valley Planning Commission conducted a public hearing on October 25, 2007, to consider the proposed amendments. After hearing public testimony, the Commission made reconunendations on CPA-01-07 thru CPA-09-07. 8. The Commission continued the public hearing for CPA-1.0-07 thru CPA-17-07 and proposed Plan text amendments to November 8, 2007. Further research was requested on CPA-10-07 to 1 determine an appropriate botuidary for the proposed Regional Commercial designation. 9. On November 8, 2007, the Planning Commission deliberated on map amendments CPA-10-07 thru CPA-17-07 and proposed text amendments. 10. The planning goals of the Growth Management Act (GMA) were considered and the proposed amendments are consistent with the GMA. 11. The goals and policies of the Spokane Valley Comprehensive Plan were considered and the proposed amendments are consistent with the Comprehensive Plan. 12. The proposed land use and zoning designations are consistent with the current use of the a40S. properties. 13: The Comprehensive Plan Lanai Use Map and text amendments will not adversely affect the public's general health, safety, and welfare. Section 3. Fro ert The properties subject to this Ordinance are described in the attached Attachment "A". Section 4. Map Amendments. Pursuant to RCW 35A.63.073 the City of Spokane Valley Comprehensive Plan and Map as adopted through Ordinance No. 06-010, is hereby amended as set forth on the attached Attachment "A". The Comprehensive Plan Map Amendments are generally described as follows: Ordinance 07-026 Comp Plan Amendments Page 3 of 7 DRAFT- Map Amendments File No. CPA-01-07 Location: South side of 16th Avenue, west of its intersection with Sullivan; Parcel number 45261.0707 at 1607 S. Sullivan Rd Request: Change the Comprehensive Plan map designation from Low Density Residential to Neighborhood Commercial Council Decision: Change to Neighborhood Commercial File No. CPA-02-07: Withdrawn File No. CPA-03-07 Location: Northwest corner of Pines and 32nd; Parcel No. 45284.2030 and 45284.2013 at 3010 S Pines Road Request: Change Comprehensive Plan from Neighborhood Commercial to High Density Residential Council Decision: Change to High Density Residential File No. CPA-04-07 Location: Past side of Pines, North of Mansfield Road.; Parcel No. 45103.0263, 45103.0262, 45103.0261, 45102.9074, and 451029057 Request: Change the Comprehensive Plan designation from High Density Residential to Office Council Decision: Change to Office File No. CPA-05-07 Location: Located on the north side of Mission at its intersection with Barker Road; Parcel number 55083.6401 at 1612 N. Barker Road Request: Change the Comprehensive Plan designation from Low Density Residential to Neighborhood Commercial Council Decision: Change to Neighborhood Commercial File No. CPA-06-07 Location: East of McDonald Road, north of its intersection with Sprague; Parcel Into. 45154.1717 at 102 N. McDonald Road Request: Change the Comprehensive Plan designation from Low Density Residential to Corridor Mixed-Use Council Decision: Change to Corridor Mixed-Use File No. CPA-07-07 Location: West of Argonne on the south side of Broadway Avenue; parcel no. 45184.0116 and 45184.0101 at 891011. Broadway Ave and 711 N. Argonne Road Request: Change the Comprehensive Plan map designation from Office to High Density Residential Council Decision: Change to High Density Residential Orduiance 07-026 Comp Plan Amendments Page 4 of 7 DRAFT File No. CPA-08-07 Location: North side of Cataldo, west of its intersection with Argonne; Parcel no. 45181.1224 at 9015 E Cataldo Ave. Request: Change the Comprehensive Plan map designation from Office to I-Iigh Density Residential Council Decision: Change to High Density Residential File No. CPA-09-07 Location: East of Pines, north of its intersection with Olive; parcel no. 45153.1715 at 512 N Pines Road Request: Change the Comprehensive Plan map designation from Office to high Density Residential Council Decision: Change to High Density Residential File No. CPA-10-07 Location: The corridor is part of the Barker interchange and runs from east of Greenacres Road to Hodges Road and from south of 1-90 to Alki Road; the southern border of the corridor extends along Alki from Greenacres to Michigan; there is a small portion included in the corridor that extends the border farther south from Alki to Appleway along Michigan, and then east to Hodges Road, the city boundary line. Request: Change the Comprehensive Plan snap designation from Corridor Mixed-Use to Regional Commercial Council Decision: Change to Regional Commercial, except for a small residential tract located in the southwest portion of the proposed amendment. The Planning Commission recommends this residential tract be designated Low Density Residential. File No. CPA-11-07 Location: West of Park Avenue and on the south side of Nora; parcel numbers 35124.2504 and 35124.2606 at 7320 E. Nora Ave. Request: Change the Comprehensive Plan map designation from Public/Quasi-Public to Light Industrial Council Decision: Change to Light Industrial File No. CPA-1.2-07 Location: South side of Broadway, west of Ella Road; parcel no. 45183.0405 at 7816 E. Broadway Avenue. Request: Change the Comprehensive Plan map designation from High Density Residential to Office Council Decision: Change to Office File No. CPA-13-07 Location: Fast of Pines, between Pinecroft and Trent; parcel no. 45033.9024 and 45033.9042. Request: Change the Comprehensive Plan map designation fiom Public/Quasi-Public to Mixed Use Council Decision: Change to Mixed Use -Ordinance 07-026 Comp Plan Amendments Page 5 of 7 DRAFT File No. CPA-14-07 Location: South side of Mission, west of its intersection with Pines; parcel No. 45161.0246 at 12006 E. Mission Avenue. Request: Change the Comprehensive Plan map designation from Public/Quasi-Public to Office Council Decision: Change to Office File No. CPA-15-07 Location: South side of 12"' Ave, west of its intersection with McDonald; parcel No. 45223.9210 at 12912 E. 120'Avenue. Request. Change the Comprehensive Plan map.designation from Public/Quasi-Public to High Density Residential Council Decision: Change to High Density Residential File No. CPA-16-07 Location: West of Long Road, south of its intersection with Maxwell; parcel no. 55182.0103 at 1409 N. Long Road. Request: Change the Comprehensive Plan map designation from Public/Quasi-Public to Low Density Residential - r- Council Decision: Change to Low Density Residential File No. CPA4 7-07 Vocation: North side of 10`t' Avenue, west of Pines road; parcel number 45214.2531 at 924 S. Pines Road. Request: Change the Comprehensive Plan snap designation from Low Density Residential to Corridor Mixed Use Council Decision: Change to Corridor Nfixed Use Comprehensive Plan Text Amendments. Pursuant to RCW 35A.63.073 the City of Spokane Valley Comprehensive Plan and Iviap as adopted through Ordinance No. 06-010, is hereby amended as set forth on the attached Attachment "B" (amended text for Chapter Four, Capital Facilities) and Attachment "C" (amended text for Chapter Three, Transportation). Section "'M~ p 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 Development. The City Manager or designee, following adoption of this Ordinance, is authorized to modify the Comprehensive Plan Map in a manner consistent with this Ordinance. - Section 6. Liability. The express intent of the City of Spokane Valley 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 07-026 Comp Plan Aniendtnents Page 6 of 7 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 S. Effective Date. This Ordinance shall be in full force and effect five (S) days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of December, 2007 Mayor, Diana Wilhite ATTEST: City Clerk; Christine Bainbridge Approved As To Form: Office of t:he City Attorney Date of Publication: Effective Date: Ordinance 07-026 Comp Plan Amendments Page 7 of 7 ATTACHMENT A MAP AMENDMENTS Exhibit 1: Comprehensive Plan Map le le 14I V 15th CPA-01-07 IGth I6th 6th 1Etb I Law Deastt~ Spokane Valk) 'Residential Se• enth DA% Ad%en ~ _ }'u b ht.'Qnlu i Public CPA-01-07 Request: Change the Comprehensive Plan map designation City of Spokane Valley from Law Density Residential to Neighborhood Community Development Department Commercial change zoning from R-2 to NC. ExIlibit 1: Comprehensive Plan Map v I L O { I I_1'111 }~';I f ..gal yla 11mn' {i. E ~:h 1111 G rJ E l,; Is S1°Ttl 1#r{ir rii:4i V crF M~.02 cc w lI~ m 32mi Ind 12111 3-'.q4 -:d y L° Pub fir PetId Un!5, -Pit Tic CPA-03-07 Request; Chrome the Comprehensive Plan Map &K-igoution Cite ofSpakane Valley from Neighborhood Commercial to High Density Residential; Community De elopment Dbrparlment chua go zoning from NC to MF-2. Exhibit 1- Comprehensive Plan \,I,- = Re•~idrnti ~ Public ecih' l'nh it'(,►un~i Public Par Open ~pMcr CPA-04-07 J H ! Jill nmrn: r:!ni y i I 1LLL i , CPA•04-07 Request: Change the Comprehensive Plan map designation City of Spokane Valley from High Density Residential to Office; Community DeNclopment Department change the zoning from htF-2 to O. Exhibit 1: Comprehensive Plan Map ti tom, :,n I. Allan In 6na 1. xg m ~QR l 'tin ident6l a u `a A tb ucus4a CPA-05-07 AUULU. blicrQuasi- Public Sandusky et 1 w~ - C. A \tisvcr (onimrrru~l~ Medium Pen-61,. Residcntiel Harker Community Learning Center r A r ti u` 9 CPA-05-07 Request: Change the Comprehensive Plan map designation City of Spokane Valley from Low Density Residential to Neighborhood Commercial; Community Development Department change zoning from R4 to NC. Exhibit 1: Comprehensive Plan Map __j Nixon 3 e 3 0 5. LAW Density _ Residential sum Main tats 3 a CPA-06-071 \ Rig aK c c OW, a CPA-06-07 Request: C.bange the Comprehensive Plan map designation City of Spokane Valley from Low Density Residential to Corridor Mixed-Use: Community Development Department cbange zoning from R-3 to CMU. Exhibit l: Comprehensive Plan Map a i CPA-07-07 !)filer 3 Lk" DI I.i tA Resident 1 1'UbllfiuU~fl Public a CPA-07-07 Request: Change the Comprehensive Plan map City of Spokane Valley designation from Oftlce to High Density Residential; Community Development Department change zoning from GO to MW-2. Exhibit l: Comprehensive Plan Map Public'Qussi Public: G' Ft> v r I)tTice CPA-08-07 Law "sit% Residential (-ata!dn iffTic CPA-08-07 Request: Change the Comprehensive Plan map designation city or Spokane Valley from Office to High Density Residential; Community Development Department change zoning from GO to NIF-2- Exhibit 1: Comprehensive Plan Map I?ublic. 1uaU- Public North Pines MWdle j Public~L~uasi- Public Quaai- Public Public 1 i)rn•it~ Re-~ii1~r e'~inTi CPA-09-07 ifieh tlctl5lt~ Rcsid~~ir~it+yl file f~em.II rntial h)fF~ce It id IIiQh Isensin fletiid cnci:~{ Ilith Rcn.in Rnidrnhn{ i Density aideatial tifnlium [kasit~ "idrntial CPA-09-07 Request: Change the Comprehensive Plan map City of Spokane Valley designation from Office to High Density Residential; Community Development Department change zoning from 0 to MF-2. Exhibit l: Comprehensive Plan Niap ( I uI lc -1u~ht- u ~ Ic ~ _ 1 ^t ` M, n Ptabllc~f uasi n c I _ '~~Y I iuQnaZi F.ow:E)co><tq Public W[~ " blic Rc•,iisrntia) rnskv a ~tb i{ Low De fhr IidQusei- (►~ntil - I • m 1111~ Rmident'nI Pharr. - - - Hz~ n, Iflen,ltt _ trJ: 1 l,i ae Iii Quasi itub)ic + I.+ ht l?U~1~Gf)Illlsl-.i> 1i-~'-.' inrlu~tnsl` \ "1'l~ { 1, r'1 .^tII III \ If ( ti171n7C~ ~1~~~ u-0 rr ~vt rtfF N - r11jr-3 .l,"~ ~ - -.jZ 1`/.. I.~ 11 ~ ~i.'~-j~: :F )7 . i . r. , ' 1. , ! f • y -.~,,I l rr,r 1 J"^J ' ~ ~ rnt 1 - r~ r ~ • ~rfs'r~i cr~•rl~ ,7 J T l J Af f~-• t ~ ~ - .'t /"1•:. rtli,iUnltt J { ff- • .r rX.Cf r t ~ t ~r~~,,~~rt. ,rntt;rt•ci:ll-' u 1( U11, 1 1 . rr~ PUb IC..('~ ~y all I'I, 1I l - . _ - ,(y•-:~; . i• ' IV t. • ~y _ _ 1a - l'., + IC ..r rl Atl ~ 71l ttu~ly U T- Ilrgh lien 110 ' ~ledinm 1)ensit% _ -+,,,~rs„+r _(ow lit ri r Rrsldcrltral Rcsi+o st I 1' hllr - ti- \.n Rexiclenlisl a - - c orndnr _ - 3Li,,'cr><td PubGdQuasi- 11~ited l K t~ r, Pubbc~ ` PP `\p~~. a ea ud Public,Quasl- ' Public - ~lydtum ' ~ _ m -~~I)c:?sir~{ Sf -Re~idrnlrat lubltc~QU tr~ % lublila:Quuiy r CPA-1Q-07 Request: Change the ComprehenOve Plan map designation from Corridor Mixed Use and of Spokane valley City Community Commercial to Regional Commercial; Community Dc%elopment Department change zonIn from CMU and C to RC. - ~~Mm u 7 I l~l to 1•,~`-'h'am IRS4 Sf5ff! 11 ~ C PA-11-07 tiara Y u blic?Qu xi i- Pu biic Seth Woodard \lcssJon I~4iss~An M,~sio c e ~ l.ow ~itr 1 ties 1 Res dYtp ~yru•c:41 QiW = x d CPA-11-07 Request: Change the Comprehensive Plan map designation City of Spokane Vallcy from Pubtic/Quasi-Public to Light Industrial; Community Development Department change zoning from CF to 1-1. Exhibit l: Comprehensive Plan Map Ccotenniol Public-QvAsi- N►liddIt t'vblic 1110 PfnsiT% R rr it11 r~ taw -CPA- 12-07 l a AI !ins {n iuitrtul CPA-12-07 Request: Change the land use designation from City of Spokane Valley High Density Residential to Office; change zoning Community Development Department from MF 2 to O. Exhibit 1: Comprehensive Plan Map ~Na. r ,C~6rndi>r tiliiil l u F arl. (1pln \ ~pacf I ti„c!~ ilra» Inc{lt•iT-ij l 1 :,tt CPA-13-07 Pa rk Open aCc i F'ttAllr.'11un.r f Public f~ Lu~ens al •/r Pabflc"(lwsi- -Residential Public L" Public Quasi. I Public, \tt~rd Sf Pubhc!(jnast• Public ` Trent I E:Icmentan = r PublivQwasi- Pubtie I ,r CPA-13-07 Request: Change the Comprehensive Plan map City of Spokane Vallee designation from Public/Quasi-Public to Mixed Use: Community Development Department change zoning from CF to NIUC. P1hihit 1 : conirl-chen-sive Plan Map {'JRr I)CIi;II~ Rr•uimtinl i the Mrnsin xer W' knir)rnILA l.ltfiir r Rc4iunxl t~omtnrrcial i Mirr f>(rr~ ` t )fTi<e c (1Rrcr CPA-14-07 Minion PubNcrflunsi- (1Ricr Publir f~ttirr -i it Low De9s&y Resldentisl Ilipb Itrusit. CPA-14-07 Request: Change the Comprehensive Plan map City of Spokane Valley designation from Public/Quasi-Public to Office; Community Development Department change toning from CF to GO. Exhibit 1: Comprehensive Plan Map 3 i 3 11th 111h s 3 CPA-15-47 l2 lith , 12th a _x > 3 0 13th 1 h Oth I.oM ~M~ih Residcatial Publlc!QU&%l- Public 3 PubbelQuasi- Public ldtt 4th e i e ~ Public`Qaasi- Public e McDonaW v Elementar♦ 1 nth l - CPA-15-07 Edesignation gnest: Change the Comprehensive Plan map City of Spokane Valley from Public/Quasi-Public to HDR; Community Development Department change zoning from CF to 1WF-2. Exhibit 1: Comprehensive Plan Map I PublivQua,.i- Public: Quasi- Public Public CPA-16-07 Mil well - 1 ~w ~I)rc►cih Rexidential Pa~lic~llua►' ubllc 1 C CPA-107 Request: Change the Comprehensive Plan map ECity of Spokane Valley designation from PubllclQuasl-Public to LDR; Community Development Department change zoning from CF to R-3. Exhibit 1: Comprehensive Plan Map Pnbtic~>uo~l- ~Public 9th ~ CPA-17-07 Ilia DrnNn ~ Rc~Nlrni:al LaTw Density R uimtial i 10th ~ ~ L i Of\ CPA-17-07 Request: Change the Comprehensive Plan map City of Spokane Valley designation of northern portion from LDR to CMU; Community Development Department change zoning from R-2 to CMU. ATTACHMENT B CHAPTER THREE TRANSPORTATION Cqj cf Spcs2ne Vaissy Co,r,prahnrswo f'lea'_•' i,~_ _ ` a: I ;;r i ft v steeds Spaca Afters 6 pt 1 raw a-SLa~~„r;~a;.:i;c:esir:-:3 ;;.:gig-~':_-s - - - Fa mI Fans 9 pt it..,e Formatted. 206 2M: = 7!°_: 20:11 _ Total Faresatted Fort a ~ Formatted Formatted: Spare MM. 6 X FMcFa=ir[:a S53 530 790 ~3 I Formattadt Fat 0 pt ti''4~" w' `k t±L243~ IAD L~ t For+^atbods Fwit 8 pt l~'t =,:?t~•: Formatted: Fort B pt U M romu ad: Carts-ed, Space A}ten GrrFr1111 Q~ 50t GfiLif ~.~lt~ Formatted, FQn i pt t e~ Formottsds Ford a pt Fsxmstteds Fast: s pt FormatLds Cardaed, 5peca Aftsrt at'L^SLiT:1G:iiYfC~ ~ 6 - -Ciz Ste? R~ 1~0 i Formatted art t r:ver>rl~t - - - - - _ - _ . I Formatted Formatted- Ford: 8 pt U3 "Z Tulad 7~ Fomu tteds C&bved, Space Amer: 1A IQZ- OX 16 pt Rw~nu9 so-r * Formattxdt Pont d pt t - I Formatteds Centered, Space Attie. ge■i Mats Excise Tex ~'4. zs7 z5o 400 ; 6 a - - - - ) S9v ro a.:6) Formatted P,eneral Fund Formatted: Ford. I pt _ i Fo matted: Fart: a pt x ~i ldRnFu""~ M R5; } 9 R's Formatted: Centere4 SpamA I6 Pt 1 ,TOW 0 8 0 M no :30 > Formatted ' rormatLod Formatted: Fit: a pt Formatted: Cer aired, SipM Art-: 5 pt _ Formatted f AL Formattedr ra 10 pt Formatted: Space After, 5 pt ( Formatted: Indent: Menging: l :139•, Sparse Afte: 6 pt 4.4.8 Domestic Water ; Foreman-: spats Attar. 6 pt Formatted: Ir4et>t: left: 4.73'. The City of Spokane Valley does not own or operate a public water suppiy system, Rather, water is• Sp3ce r.^t~ 6 pt provided to Spokane Valley residences and businesses by special purpose districts, assoaaUons, ; Formatted: Font 10 pt and public and private corpora!rons. Water service is coordinated by Spokane County through the Formatted, t tt Is -f 643 "':)07 tJpOsla Adopted April 25,200 ^.f`: 4 ~c~~f="_.~-•J ~L•t',9t~y .-was City ct Stakoiw Vai'oy GomPjaharsiva F150 Formsttedt N{ghr{;x - - 6-1 Ft. Fw urttedt Font 10 pt _ i Fwm.tft SPM Aft v: 6 pt Level of 3ervke I Formatteat Indent t-eft: 0.3w, Spare Mer. 6 Pt - The Coutrtywlde Planning Policies for Spokane County requires that all Jurisdictions adopt a level cf Servka standard for schools. Spokane Valley defers this responsiblNty to this individual school districts providing service within the City. Individual school districts may request that Spokane Vailely adept a Level cf Serv;.a standar; In tithe updates 'a :`ra Capral F3cd ias FI=_'r=nt Forecast of Future Noads l 3rtral Va jt 5';hool Li:S L'! The Central Valley School District (GVSD) is experiencing a period of high growth in studzrt population, particularly towards its eastam boundary. Liberty Lake and Greensc res Elementary Schools are currently over capacityhentresponse tto~this go t . t strategies Sated I eomm for Linkages' planning princess accommodating its prd_:r,. ard'ut:.ra students The oammittee d©v~lcp~d s ~_`ant pGpulutlon pr_j ells^.s tt1;C:: h U,a 0 2C~9 sc,CCl ya_r': r entlre district by analyzing growth trer-da In student population, bUlding pernt activity and proposed housing developments. The data will be used to guide dxisions on where to tecste school facilities. Table 4 23 shows the number of students enrolled in Central Valley Schools in 2045 for each school In the Dmtrsci and pfoj:ctlons through the 2008-09 school year. In 20G5, 11,480 students were arrollad In CVSD schools, with 9,383 of'hosa s!udsn!s 1'.ving w th'n 'ha City of Spokane Valley Formattzdh space After. 6 pr Tara • ~tteDtt,-~4i'-~F.Y+}eo'E1011 Forrnattad: i ~,t ? Ft 1 T~a r;,ntr!{11:~4y Enrsr~r^4['LEf::}<,, • - studwd Now Protected 3tmderQ En O Forme - tttd: space M.rr: G g 2M5 in 2DO94M I ant Staid" Emmamwot 5cl+eot Atfartdstta Ma r - - - - i Fwmatindt Spare Afta►: 6 pt f]ainertfery Schnurs i FOrtt7attadt Specs Mar: 6 pt ern.dr~.y 492 221 sir 20 _ »f 2 Fwmattedt Space Aft i 6 pt - - 33 j Formsttadt SpaceAter: 6 pt Ads," o~unlty - - "B 46a mS03 37 e 37 Fomm ttedt sped Arta: 6 pt Ada Forrnattedt S7ace Aft: 6 pt ryKy 413 433 is ( Formulsdt Font 100 pt Forn:alredt L••t't la~r_313 pf66 Adcp ',d April 25, 2003 adoptionp SRTC w ill arrually assess the raglonel~ranspartatlan system ~wKh rasped to regional concufrency. Capital Facilities Projects and Financing Capital Projects Table 4.38 contains a complete list of transpor•,ation related capital projects for Me years 20OF through 201:9, totaling rwa:Iy va 5&40111 million. I1sa CIAt uod;t$s a six vest Tl thM M• Haut the VIM as prole-1 nwities antunding_d~r►oes This Ptn_goopil by refereDO env updates to 1bg_T1g~rin2 betw~@n -P-tan uodait cycles roman T1P is avaIla 181 for yiewlrsG_on[In3 at .sir yaali~Xg,_ These protects address capac3ty Issues at intersections and safety improvements. Following is a discussion of potential funding sources. Funding Sources Fuming for the operation and expansion of the City's transporleon system falls into several categories, which Include federal, stale and city funds. Some sources consist of rrabl of no funds while others are periodic, such as grants. The use, availability and applicability various cord with Handinam not always at the g agencles as time gees on, the City. Sokane Valley help make to make more lcre rablo funding re assumptions A Summary fi,r-, !i'I ',!`.till^F33 {rr 111a City's sN y?2r Cepltel - ...j j._,• ,i, ,r-.,y Ir~o) , . Iric-riverro ' I ' I Ti:a&3 t4 1C5 drv dl ii.u .L~ 1,i::c jZo, Act for the 21" Century (SAFI=TEA21) and are administered by the Federal hig.• Administration through Washington State Department of Transportation and the Msbmpc Planning Organization (Spokane per-!,r n1 Tr rspmr mien Co!mdl. Federal funding progr, Include Bridge Replacement (BR), Surface Trans; §ata As1istar The Washingt ; programs. Including the Urban Corridor Program tUGF), U,a Urban Arterial rrnytal.i tUr1 ' Side%v c1ty F' for transportation projects. The City also roceities 5ia:c tdotcr i-u_I d ties •_:_d ~:.:a t .c: - - - - - - - Tax. 1 Formatted: Font: 10 pt i Formsttedi LA cG~~! t:l~G'rZ - Adopted April 25. 200 FonnsttE& L-11w t left D.K', Srmct Afton 6 A forMffUad: SPx± s pt Table 4.38 Six-Year Transportation Fwmaltedt roM.:0 Pt Capital Facilities and Fin3ncing Pian, 2OW2213 5007-202 (Dollars In thousands) Formatted TaWa J FCt M my th TW Annual Ono Project ~ To scum ~ Amount I - - - Forma+ttadtSyacaAfters 6;t iaaAiuriisa~ wales H13 ~'2~}e Farf foookatfi t~'ra[ ' ~Fsrmattedt SPM After 6 pt ~ Daa~ar-ca:.aa a.~.i~ ~~Faypr Ofi:3 tiC~'~t ayQ4 s,~st „ _ P { For+nrtbdt Spore Mir 6 A VAbwPiNd POW AaaC aim fsxmatt edt Spats Alto 6 Pt - WaM~awr I - - "-*raw Old { Fa mattads Spear After 6 A - ! sr;t~,,.~t;in.ota.rtc i~j 3)F~1 tw-`T ,P tc { forma ft& SP" Abet 6 pt - 6aicAd STP(U) X79 34"M ^~~rwfacer :k*GgdvRd tr»aratx on Pormrttuds spece After 6 pt lIf - r7ad - hd4in~ 7s l riaMl Ain 3Sij,SQ Ecd Va0ay9h t3 ~4 a' Porr^awnh Spate After 6 pt formattods su satpt t~~ - Ay.pno 6ww- Or MY 44-Ala to formlttedt r;.sce A1w. 6 Pt a~ s ,,e~"~ p yp 64& wwwdpl~! G+A'lIElEI ~S W gy~~r to 1"agdr.~ formatteda Spom Attar 6 Pt 6ji Frk i.oN Yw~rwrl y.~ 17e~ 42OU - + bwwv* .sV^m A i rat"wttedt Spam Anw: 6 pt j formatteds rcrt %a pt {0 radt Fiaad b+drnaJw WP 333 iii Fortnuttadt t rtt ~a.~.~ of 6t3 Adopted April 2 5, 0M, - : City of 4pokana Vel!cy Curnp;ehenslva PlalI u PO^ i A" pi Q* G;T:~W x Forrnstbadi Space After: 5 pt I a Ct+a.G hnnattad+ space Afs: 6 pt 4F aao Formatted: Space eta: 6 pt W s+.►ws+~cc sa:a..,: wciii~a.ya &sa~ pt ~ iii Formatta:~ Space ARs 6 u 6W*#MA am B pt >i i 46D1 siRw%is t4 µ Fwmatbdt Space Attar. Fen, I Space Aft: 6 pt N E FaMyAwi I+:lepi0 A+a~+ •ON4srtiua fi~tRl s -sip Formattadt Space Aftin 6 pt u I Annual Total tii+ ~ i1i~70i1t~1 Formatted Space After. 6 Pit Formatte_ Table Formatted, Space After 6 pt llrre Projaa Frain To Prb"My CRY Total Annual y Source Amount Amount m _ Formatted: Spam After: 6 pt- J q Barker R3&~ 3ndpa Q Spokane Rfuer #5503 -3R ~ PSZc~ ~W,R, r,y is~4 •+t.~ ~ Formirtladi Spam Alts:6 pt Ods ve s:sr+rs-Aagla+ FOrT,tettOdI Spars ARe: 6 pt R 25~ oretl IWOMFG40Y EvF cipN~#Glbf u1?9 44023X0 - - wGa ii Formstbuh Space Alas: 6 pt a A+saM. a®i..a~~~a_r ~ t:ilAG~t22:m 4"n4_1 p,i MiwJa alMreyi*+SFor ,,a`. i aiiZ2 Formatted: Spacer Alien 6 pt jak~il tog - a~t~at Farw+z:sL wk Read - fl4 t4~39 T~21~2 I Formatiedi Space After 6 pt i so3 LEY[ - - - - - I Formattardt Space After: 6 pt G fi~it113__d %~ZT- -522 fi]~ Avarua Pfesa l A~s~l'nt:: - - - sc;~ ORSTRE] a3 •.la Formatted: S~ce A'ta 6 pt - 14 ~i9e~ eYlL*~J Vn y sGOu CzptT115~t11f , Formatted, 5"ce P.'Lert 6 pt 1 S t#HrceAtwar Aire #4 ~C.If~ A"s^r'a~7 y s v ...araeaa +µ.r 4:044 ►.wrw4Il A.W%..efi s &;3NPL 3F1;11 "IN 3i: •i Eormatleds Space aRat: S pt 02BMRNZV An _ 1 f 4.0E+4va PWJwom% PP{ 1 f i+rde M C,"7~FG15~r V1 3#5D :2 Formatted-Sect Afhr. bpi J i0t 4+ra~w b+araai~it+aa/ Ae+1:Aoa i S py _ Format4edi Spaco After: 6 pt _J i -~6 gaeaaauudaa~bre Rwd l lII!!! MISw~n i Formatt_dt Specs Afar. 6 pt Formatted; Space Afrr: 6 pt Formttlnd, Space ARar 6 pt 30 - ~ I 6At - Q4 Formatted; ForC 10 pt 74 A a+IGr.Lina GAA40 i 47 I Fomottedt Lddt ~3 _ Adopted Aptll 25, 2005 C.. ,y ut spvkane VaGey Campn t'zrs v: i tan ~ Formslisd, S;.am Artr: 6 pt - I • i.iii Spada Attars 6 pt do si qe;~ GAP AnnwlTotal a p~,wv I Fmvnatitae~ Space Attest 6 Pt rbrmatto& Span Afar: 6 pt F►~nrA Feoarl To Abrs~T Cx01 Aw,=d I T L FamuN hd Table Imam ~ Sstarw ~ Amoug - Forroado& Space Attar: 6 pt 'rte ~ i•=~.~c :~1 s,+acst' - ~ - Pa ebsG~ Fom d+eds Specs Attar: 6 pt SiI iM'p"'~1 - 6 6~fiae+fa.~w~ V°p'1 2P129 64134-!.' i Farenatlads Spate After. 6 pt i r tar ~'*e°t ?~➢n A''F PFISd ~e,~y letaea ~y~.,L ~}1 ~s~ ~ Forn►atsad, Spam Jftr 6 pt ~ AvL:p~mf A"~ { FormaRtadr Span Aida apt 4+1 - 4"Pe" a Ww 04&4-" Eg 'g ~.ox20F+ LM j Pad- B*ldoln~ t+: VaMv _ _ Nl et Few ?91 SiD?QZ 1~ i Farmatto4t 5pacs Alters 6 pt WWvumm Sbe A.~efls-+irw ~ l0itl~ G1L►.Qll1S~ ~ ~{es Z ~ Fonnuded: S,_ After IS Pt sattedr Spate a...... 6 .c ~1 1' AMlewry Am~ 1 - i Ir1a-aorao!r Pty ~tZ A o- WR Il:ROWPa~@yfllt! TtrA CMAQ j F°rrn"ttsd° S¢a:e - 4 ~ - i~j t:-a .•_~ct+k,e sZ Nart++ _ ay i ~t ~5l 7N~i ' FormatSods Spam ARrr Opt 1 El~tni~t ~ tti4 I Formatted, Span Attr: -6 pt j ~ ~r Iff A Iyr'WTPI ~ 7ij tog Formatted, 5pece Attar apt uj r~a~icFiaerztlGl.t1~?oneldf rr UZU 4031M ( ttedt 5GactAltert 6 pt ! C".Iue tmdere9W" pCG 6pal~-~► Ctyr~j~ ss0's1 ioO~Q ° Space Arta a pt- ~ gryilst~aKSun►~r+ Irrerw~s ~Z.~N - - - Psese _ : I Forn+ettat, spIK-- Aft ; 5 pt q i~w.r.awn aa}wi rl►y - - - - - I FarmatSeds Spxe Afters 6 pt AnnwlTOtsl Formattadt Spam Alters 6 pt Formatted: Fort 10 pt a Formatted: Left a^ Ij3 t 68 Adopt 6d April 25, 2008 cry of Spokane VO14ty COnpiehorn. ,ve F:3:1 1 -1 least To 1iPrb y CT# AtaourA Total Amuse • RI AaeotttR For;sth d: Space After: 6 Pt rtiaA~ase +ine~3tl+a : h!y i{79~¢ "44t - - - - as $ast tnr4ana ~++anw Avw 6--l'itow We" "Z ~ g -QWW 94"" Formattads Spats Ante 6 pt 5~..~ P~sarvalr+n Frt~ - HNVWria+et 1a+j i-, ~p 333;h4l~ i 2K_s1DI Formstssd: Space ARW- 6 A- J 44 ttna4wrl9bf LAMM - - i Qt~1 ~ 7# 611p9 Fttrmetiad: sv,-,vt.r 6 pt ~j fiNNe ~+~w++ s n A WWIW Aw+tre Et~ii - 1ne ValteY Formstkd: Spica Attar: 6 ~t~ 7f3~ i31! e2a►d r,rw a Ral6 C i ~+a go" STPMI ~ 4020 M' yam, - Formattedt Spam After. 6 A awlwiisao-llNs A#~aratr Awa444 Suihu n H iPE Mas" U6RfirPsLh ;~l a~ ~ ~ Formsttadt Spate After. Opt 'VLY1 =f+eiP+e 4 s - Fwmatl?adt Space After. 6 pt > lets K Formatted: Spica N - ta[t♦~fT-F~a~s~~f!!! ~ F~SC~A~ 2Q9 x~2R~•1 - - - Fortnattedt Specs After: 6 pt wsw p~ ia►ar 531% aK~ VCP FormatSed: Spero Agar: 6 pt { 30 t (Forntaccadt Space A'tert 6 pt i Avw t EW 40 firatgreaa A/~Y ~ Formatted.- Space After. 6 pt k sw % i FarenattYdt Spate Msn Opt Annual Total fMly S Fartnattedt 5 Atlrr B Pt 392 Formsttadt Specs After. 6 pt Item Project From To Primary City Aamoit Total Annual >f source Amount (Formattedi S;act: APtw.. Opt 6A 3i Best Read Li~133~Y :gyp t:s: t. wa?2Y2 Formatted: FwC 10 pt ~Z - Formattadt Left - - - - ~ 94^t C•S E307liz a'a Adopted April 25, 2008 f, rt r dpr wp''d'd cy C, y, ?~aba:fOre d' Id. _ i1~ a++t►AN+ Aall~ ~sii Farrr+~Cad: Sp^:: A 5-;~ ~I wtn'tG Weil 3rldee 6 ?t - Farrr+rttads Space After Y R~LSZGI 91 t n _ ffi , , ~ } 6 j Fwmaftdt Space After 6 pt RON"Aaaa fiTPM sq•_4 1 Formattedt So" After 6 pt ~1 eraYrACFiartR/ cya ~ !1 I Fornwheds S Vuscript haifts UAP MIN 44"_rtl2 'Fwmattads Spica Man. 6 pt I:w Awsme ~Aitaeflay _FprlnaModt Space TG pt - I 7i~ C~Airewiisa{ S~rsxr Ave E n ~C~ » 8a+ker ~"'a STF (m its ii's-w , FormaCads Spar ARv: 6 pt to + E FormatLds 54erwlpt all ~wnrehfiase liael: w iiAllA 66 f7i FamnimUnds Rpwvedpt Fotmnftdt Space After. 6 pt fli iawtar Fiw iMrr WP q FwRu ttedt Spar Ater. 6 pt K 9mv%6waV4.ws Wave is Fire MC Fbw W AP Go aw i Fermaned: S;wN Afb!t: 6 Gt ii &m"wVtad li~i i~ew+a 48R►+twe+a Wp i Fo:mattsd: SqNm Rost: 6 pt ii Yatra3ai► ai+s Ftaaa{fiR7~ ~ WQP a M4 Fors w tads Spare ARtr: 6 pt i6 ~i+di+w,id Wray 34 ~Oi 1 For:r:atteds Space After: 5 pt ^ GvagisaaAeaA Lr•? Jii Formsttads SDa`e After 6 pt ti >w0 N wwt~wseMSfe+►i~wytala Gil :a;W 4 JOND I` Formatted: Space After: 6 pt Annual Told 63,M-IM $44,424 I Fonnattadt Space A'te': 6 qt t Fwmattsd: r,;" 4t-- . 6, Fatmutted: Far:; t Item Project Fran To S~irw GgAmount Total Annual Amount R) Famaitcds `;vece F.:'.rr: Prmnmrjo * Mug ~+Wa.J~ee .`TpF-~m A-.QG'-=IEI [ Fom,attedi Space ARa 6 pt - t I Fwmatted: Spam 5 pt pMe +larkar Wu iii 4j-;a5 Formatted: Font: 10 pt p~ ro:matrt dr left r ^.7 ~ .~.'f W )07 Adopted April 25, 2006 G by rt SPO"rss valley Ccmprahe alve FlaI - - fi. ►++w PfLk 62 `e wwzMT:N] S i ~8 r SPKe Aftr: S Pt , '3y ; M Ky -1 ForrraRted: Specs Alter: 6 Pt to-; ram f ruadwar 1 s~7 a! Allor~ _ 3M amwiw ued zrbwa STPM ",IA Forraafted: sops Afber s pt Forraatted:5upersatpt rr~.v.~rrwr Laarwe UAP iG ; awll;~i Formatted: Space Auer; 6 pt_ :tGS1~ atiAz+. Fla j,; w~4 war 1 F°rT'sRtodt srrKS alt:rc 6 pc - WIN 5;3-,AOA r Una rrr~ev EIS _ _ _ Eve~arrnf 32nd Awl tIStthAvenuel ;y~3rTP~i SaIjIt FwnrCed: Space After. 6 pt Ear.IM 7 i Formatted: Superscrlpt Wv soul 'f+= -0 Farmattad: Soso After. 6 A ~ ~ 3~q{ his ~ X31! 30 vowy - 3 CN fiwyNM J%& W AEI "Riad wp STPftA 443_M I ft. attede Spate Afar: 6 yt g Rubrez fad fRlltt'dH1 ~ G&m"w Tzw* 6& Pormattsdt Spam Afar: 6 pt IBS _ at SR i2+~ pQ a:1~ }7i Formattatk Space Afar 6 pt ,n Caeeo+iCt Car~dor T Ari v SA2i WW ii ats Forn!?ttade Space Afar 6 pt 4 sip Gay s I'm Formnttedt Space Attar 6 pt I ~ - Annual Total 33rtiS &4&,Ml l Porraattedt Spas Aft: 6 pt Ili j Formettade Spate Altar: apt - Formatted Table Formatted: Tahoe 419 TransportsOM f apkw pmpcls hredlnp Tctmh - 2007.2012 Fond S pt ~foar Federal Sa s Cr~+ar Cty Tail, Formattedt Specs Afar: 6 pt ooe i 3ti;i ll C i:Ga t1.B77 Formatted: Spans After 6 A s as,a~s f].1~4 SVI' M 11 6f11 f 2 14a S~ s_ l NO s~~1Q3ti0i Formatted: Spate After. 6 pt 51 2CO~i 3ssix4I12 -W Formatted: Spas Alter 6 pt ~o~o~ su,au a Fn t6.r~s pus s! 3~$sa+ f~ y7~ 3ri7i S~Q3~.23r~ - _ Formatted: Specs Aft r 6 pt f 110 Sa i-0iJ 3i,6t2 i ir67 S~;~SrA f 3L3sKi 61~ L I Formatted:5pxe ARer• 6 pt _41 4 3a Lssse fliers 3e0 i,2'as - 61- ~4Zii ? _ , FwMatbed: SPM ARrr 6 pt ;Gila eI% ei5 a i~.i n l•Luis ll~tsi i~ 5~ a+~1 i i~~ `_Formatted: Spam After: 6 pt Total ai ;Maavs I `Z -341 -t 3L0E9 4-46=191f Farmatieds mace After 6pt - - - j Formatted: ron4 10 pt Formatted: are F.^rr. ',a Farmatted: font 10 At Formattsdt lit t33 ' 66 - - Mopted April 25. 2008 ATTACHMENT C CHAPTER FOUR CAPITAL FACILITIES ' City of Spokaao Vai?ey Cori ~:r RC+D •47nT CI/ ww• ICI I I SKI 61.7 CCLLECTCR .ARTE'^'` - TvVICAl. riECTIG+ S Local Accss3 Streets: The local access street system includes all facilities not designated as either an arterial or coMetor. It primarily permits direct access to abutting lands and connections to higher order systar s. It offers the lowest level of mobilily and usually contains no bus routas_ Service to through- traffic movement Is usually deliberately discouraged. 1 I • i ~'•1YY T~•t~• r ...1., 17, 17 r ~.zll Cartered ; Formatr=d Table ~ Pormmted: Certrid Fur*srCtau ;i•~ L i~ - l i LL 'emu Z~2:! iB? 1 2c25 t l + Lan P~ rr-.a.Anal r < 2 52S 23 2L~i D ! t fl pnnayl M.u'IS,i Z.W a 7.% U_U -LUll IS 5Z.0 T d 1 IfTyr ~.?a J! tJIO Q 1!% MU if 13 i~' At% ssi3.p.'1 t! z •~of 1-5 ~1~~ !211 g€L~l tl ~ t Al • o : r '.ter 1=an 2v~ 6;l ttTl_i~3 u!;l~ ~ _ 311.LacaL~,~ aa iLM A31 59 R 90% &M-T1 D:) Farmn4md: Pt I Sm= Vier P -bF-M•A ~ Tho procedures for classifying all roads and straw into functional systems are based on the most- Farmattad: »`ed, > - ' tet: logical use of the existing facilities to serve present travel. A "future year' functional dassification 142` Flan is based an projected "future year' population, land use and travel and will Include, In addition to existing facilities, such new facilities as will be needed to serve 'future year' land use and travel Somo of this new mileage will consist of new streets In expanding urban areas. Additional 'new streets' may be identified In cases where adequate standards cannot be provided on tha odgln.al .,:cation, or whera an existing routing is arcessivety drarilouo. In developing a 'future year classification, consideration has been given to the Impact z:f - rzoraseeable developments In other modes of transpertntlon inetuuing high-speed rail service antI 4-provad air service. Population estimates for 2025 wera made using the SRTC lrsum medal. I Dorm a Porn IA T',s base far the Spokane Valley "fr :ura year' population Is the 2RQ0 Decennial Cersw. F*nnattedr Pegs M.rmber. Fort 13 Pt Formatted: r: !L, r K07 Update 7 '3Z - - AdertC•d A.rrll 7.5. 2OCr On-street parkirg and ovals sldsWu~KS, Wl;n j"met trass aril O rt er rr~as:^_n a -zr,lies 0 important assets in promoting a pleasant shopping experience. 7. .'d medians should be Incorporated into the roadways adjacent to the City CenterTo dwrieitte and control ` traffic movements. Block lengths within the City Center should 1 t be relatively short. Intersections should be landscaped with decorative pavement treatment to create a sense of place. ` ' . ~Z / . - - - Special street design standards should be developed for the _ForTMattudr tndert. Lot 0''+_ City Center. Special standards for extra wkie sidewalks (12 1 ` <t =t l to 20 feet in width). Pedestrian-scale street lighting, and Ly -e ~ addlWnal amenities Including benches, trash receptacles and Landscaped comer treatment are typically included. - 3.2.7.4 Freight d: Goods Roadways should be designed for the type of traffic they sane. Deslgnatlon of truck routes will expadde the flow of commercial traffic in other areas of the C'.ty and limit adven:e Impacts on residential neighborhoods. In order to pro" pavement ilfe, minimizing the number of stops and starts along these routes and Interconnecting signals for progressive movement should be considered. An important consideration in the establishment of truck routes Is connectivity with sources of st.pply and distribution located outside the City, as well as major freight terminals and interrnodal connections. Map 3.3 Identifies truck routes within the City of Spokane Valley. The Washington Department of Transportation (WSDOT) classifies stata highways, county roads I and city streets according to the !ors of !night that era transported each year. NT?~-e h a I Formett d, Fort (Default) Ariel j ashs tran3a4rtan 6yg2m i EG tS1 identl'ftj the h!g`twej 5 and roe;L ws°-y t os ne viir Fotr[r ctscAt) /vial - ~m . t x~ s - trucks and arovida c't:BI data to Sl1l~GOtt (Undirkl fCr. r^_IE 3 1~jPt i r~f,erd' ftd ata c r-a-t (D otv~ Fon_^a~r Font: (oer.">n Mal ~r~ns rAtlen ! ' a4lo. u t%4 tw5 21 ears, an in;;!U_ler_ c- - to - eauested by the Gity nalneer. Fanmattedl Font: (Default) Anal The tannage classAcations used for designating the Pslgi & Gaa4s- Forenttedt fart (oefoult)Mal, to (FGTS4 are as follows: i Pt Formattods Font; 10 pt T-1:- More than 10 minion tons per year - I FOfr'la ' F"'t' ( 0 T-2, 4 million to 10 million tors per year I Pt - T•3: 300,090 to 4 mlilion tons per year I Formatted: Font: 10 pt Tom; - 100,000 to 300.000 tons per year Formatted, Font 10 pt T-5: least 20,000 tons In 80 days Formatted: "ffnt: tart 0.s, For purposes of this analysis, trucks are defined to include all trucks &M_two l21 'ed!-•a)iej (six 03,, List tab j,?j_dresd) or larger. They also include larger two_jl ,ea--axle (four ~4 tired, de;ivery vehicles t Fw,,,attadj Forit; 10 pt such as express package deitvary vans, bread trucks, or any commercial vehicle. Private, Tab„ t.t7',USt~t►+ Formutted pickups, vans, or recreadonai vehicles are not Included. Nat at t' To aid in calculating annual low. tonnage, trucks era divided Formate: Font- 10 pt Into catsgorles, as shown below: i pornuredr F.mt 10 pt Single Units - a single vehicle Including dump trucks - - - and mixers, regard!ess of the number of exlas. - Formatted: Font 10 pt Double Units - A two -unit vehWe, normally a truck FotmAtleds Font: 1 0 pt - - and trailer, gererally with four rt1to six LE_axtes. Ttils Formatted: rant. to pt category Is basically any truck up to 80,000 tbs.,, older - - - Formatted:Inderdi Let O.+I' double trailers can be Included in We category. ft., .d1 Fong 10 pt Trains - Normally a tractor and two jZ trallars. Trucks [ - Fsrnattedt Page Nttnber, FwC 10 rated from 80,000 lbs. to 105,000 tbs., except gasoline pt _ tankers. Formatbodk Font: 10 pt 2007 Update f Adopted April 25. 2008 _ a_ 15,7f32 In =31G ~i,= r~ rf j _r„'0Y.1. 3 3 a'3rt :G '370, '_73 fu.IGV.'ing ave=aqa weigh's weem used- Singles: 7 rs Dout4es: 27 to-i5 Trains: 421 nor Truck mutr;i r W!aja 1t'f4'Vgit lru:K ~ •:r '2t) 'IC, de$1!1•atlon on any roadwav. The desk:ratlon af nyrk rGUte3 is intarded to dire tttrG'ltU -t =1 ,-ovemantl to arterials design?d 12r such tr'a~c, and to I'ml ttte adteerss jmxd Qf such Le k so aces land usts Res=n:131 land u32s a'Q p4rticulariy slims ,lvelo haA•v tnick usAg - desionstion of fraipht c.o rrijc-s or!r,c"I'Y Improves tral'ir, ft-•w and beVA n',ob.t'ty -Iranspor Son j tom t=ort ti pi 3 Non-MQtarixed The two tjt most popular modes of non-motortzad transportation acs vrA" and bleyeling• matted, rat :o pe Walking constitutes the greatest percentage of personal travel. Unfortunately, short trips (under one LlLmiie) are usually not counted in urban travel statistics. Although important community activities, recreational walking and biking do not play a major role in satisfying urban travel needs at present. Walking and bicycle ways nevertheless offer great pctantial In providing Increased accessiblllty for the full range of citizons. Safety is one =atea of concern for pedestrians and cyclists. The WSDOT reports that the vast majority of pedestr',ans killed or injured are struck while crossling the roadway, most often at intersections. Nearly half 1. 1 of all bicycle/automobils accidents occur at intersections The state Is monitoring pedestrian and bicycle axidants as performance measures of the service objectives. 3.3.1 Pedestrians Walking Is the oklest and most basic form of human transportation- it requires no fare, no furl, no kense, and no registration, Mb the a=eption of devices to enhance the mobility of the disabled, walking demands no spedal equipment. Thus, walking Is the most affordable and accessible of modes. - At the trora is the pedestrian. Fadestnians ere ! FormatbK t tndwlL Lmit o. S' the catelyst whk* makes the essential qualities I of communities meaningful. They create the t place and time for casual encounters and the praclfcal integration of cifyme places and - people, Without the pedestrian, a community's common ground, ifs padre, tfidewalks, squares and plazas, become useless obstrucdfons to the - t r car, Pedestrians ere the last measure of a :i community, they set the scale for both j ►Loen!er and o4; e of our neighborhoods. r l- A pedestrian system whim includes sidevralks, pathways, trails and crossings should be safe, accessible and provide direct and convenient connections between home, school, shopping, services, recreation and transit. A pedestrian environment that includes open spaces and ` amenities including benches, shelters, and plantings I I' creates a sense of place and stimulates walking for recreation as well as transportation, Forma ta!: r -t: - Fxmstiadf Page Number, FawC t _ Pater Catlhorps. The Neon American bietropofrs' Ecology, Cofer wnfly and trleAmeffearr Dram. p. 17. Princeton ~ tTorrnattndi f(il , ,uehitadurat Puss, 1993. 2007 Update Adopted April 25, 2008, 4. a_::e 16 Creating a pedestrian ervlronma^t requires the exlS'enca cf the physics) infrastruc!ure. Whan sidewalks are missing (or obstructed), or crossings are difficult, these functional deficiencies become an impediment to walking. The pedestrian network must also be interconnected and there must be destinations within walking distance. Finally, the pedestrian environment must be comfortabla and attrectlve. Sidewalks are walkways that parallel a street or highway within the roadway border width. The term generally implies a separated (horizontally and/or vertically) and paved surface. Sidewalks In the public right-of-way most commonly border and take the slope of adjacent roadways. Shared•usa paths which permit bicycles may also serve a pedestrian clrcuatlaN transportation function. Where such a route Is located In a public right-of-way and provides a direct pedestrian connection between neighborhoods, residential areas, schools. employment canters, and other origins and destinations, it must be accessible. Other public pedestrian routes may parallel water or rail transportation corridors or occupy public rights-of-way In easements. Roadway shoulders may also be used by and Improved for pedestrians. When used for utilitarian circutatbn purposes (rather than recreation, for example), pedestrian facilities are considered a trarsportation mode. In urban eras, sidewalks predominate; In outlying areas and in the pedestrian transportation corridors that link them to other destinations, shared-use paths may be more common. Because each route provides a unique connection between dlversa eriglns and destinations, such pedestrian routes, when they occupy the public right-of-way, must be designed and constructed to ba accessible. Tr,a C4ntennlal Tral_, axle^d-nn from L'is City cf gMkans to Coe:,r TAlerw gphp. i3 such a path This Gentennial Trait in Saokan Vaj~e aNlt nds Mono the s:u_ti bank of the Scot era R'Yef front ltsa bridge uD>iGeam of he Upriver G?j r in !tc L 05 tSCl =,~cd In greater detail in Cihapte< 9. Pa'k 8 e anti:n 3.3.2 Bicycle System _ Bicyclists vary In age and expertise. Seloctifig SGadLvay T16atments to "c m:trGdc:a Forn+ettsdrlre:r- Bfcy'des (Federal Highway Administration, 1994) descnbes the following categories of bicycla usar types A. B. and C below. ` Advanced (experienced) cyclists are gane:ralty using their bicycles as they would a motor- I Fwmndxds Thee: 0-6n ust b3 vehicle. They ere riding for convenience and speed and want direct access to destinations with Na at t W a minimum of detour and delay. Tbay are typically comfortable riding w1h motor vehicle traffic; however, they reed sufficient operation space on the traveled way or shoulder to ellminate the need for either them or a passing motor vehicle to shift position. Basic (nov!ce) or lies confidant adult cyclists may also use their bicycles for transportation purposes, a g., to get to the store or to visit friends, but prefer to avoid roads with last busy motor vehicle traffic unless there is ample roadway width to allow easy overtaking by faster motor vehicles. Thus, basic riders are comfortable riding on a neighborhood street and shared use paths and prefer designated fscllitlas such as btko lanes or wide curb lanes on busler streets. • Children riding on their own or with their parents, may riot travel as fast as their adult counterparts but still require scoesa to kay destinations In their community, such as schools, i convenience stores, and recreational facilities. Residential streets with low motor vehxio speeds, wail-defined bike lanes or shared used paths can accommodate children without encouraging them to ride In the travel tano of the busy roadways. Pormatteds InderR: Hanplr~: 0.4[' ~ The following terms define different types of blcycla facilities': ~i Shared-use Path: A bikeway physically separated from motorized vehicular traffic by an open i Formatteds _ Pont: a pt space or barrier and either within the highway right-of-way or within an Independent right-of- ~r ormatt~s Fort, to pt i Formadeds Fbge Number, Font: 10 I Pt i ' Tr.o American A_socation of Side Highwny and Tranxporta9on pficlals `MSMO) Bride IFf 0* OawbpMeNof 8kycle Formatted: Fir,: 13 ;:t ccY;:s3s and she Wn&4,. sgton SWa depYtme i el Transpo sat;on CNSDO Skyda FadNks beloo Manual 2007 Update Adopted A.pr125, 2008 a 17 _•f 32, C,f S__~ar dey CcxnGiahanrwve Plan - 1 ~ other an Irdi-sna Avenuo at ttlrabsea Parkway. Fadlities and routes are shown on the dlagrain be!-'21'i STA Tranatt Routes In affsot Sepwnbev 7 C- Ghod 1104 over. Ued ;Q1 lies p" .rx ~~k+na Va11ay t'2 r~fi oft!~nt)Y YatV b7hAf8c~n sD !0 80 rnlni''S ZS ShONn 11 76G19 3 4-1, x•31-.Y: Tebie 34-1 Tra.•!aA Lswu Of Serv+a Su. fiDlidav sgrvre is 00felle'd 8 L=,-M3-2 ;r-t No JL-&MLNAM~ N!w Y-W-Lpty OiewYea s, Fej*-s~rSts•e ~ ~ ry pwdvet 1 n 7 z 11Aerr+2'L1~AW LedDr S~iY 74 II ilrsOw'~Pf~ C'sr~^as ~Oys;'as -ALL- Ml Bn F' 94 E Gti' Aspe,'al a"►adUle:s in e'legtar 1 r i-,:$qp iopn rB pil L2I AM tD n Nonv -1 1 L-st 0 3^ ^ 'Serer 30 So= vagav a''iflr the tl'D yyprKSi Fprntatied: =err..' ;4 - - - r rlff bxia tp =,lswes -.,Dm di-e" routi la, be'-a[ =rlr+e=;ty v i n;"Jy!d va ' t-MjM 20 (n- ien}~ rt~4T~L1D- P_r"Isl vari seN-a . for ;ndW6tals whose d'4a5lurv a•eve*lts t1ft t3- frprn ysi'+a_the -No ar'xed roo brms This moanp t tr. a 2Mr •nus' be unabla d.0 tD s 149121ilh ;D k+' tD P' `'0- the b::s CV t~ ~ ~_~wr ib0 l U•rerLrv tttDD 09! a- or of .t1e bu!_ Or Sicoe upy Clfvef ~ I for nn ~ `e' I u 1.- KM w`tn ~,•vice 01 ~l-44 Sam v ;s P r;.v+ded ty*ondar hra 4r Sau-dav BI ~s : TOP P M,t tnrouahal.• the ..arairar~l $u-yav y4 holdlys "M 9 AM to S P.M_ tast oCiJD e. - rs•.n•- iOn $ene~t A;sa a AP lt t•Da Host beY,l't and end Orrin the Puplic Tra arn&) f+ r.•rfiv aLOf i a sa within t-f2 -M Wnim Of the rry of SDOkarl0 V alley IS w Tin '1e i -L- r,20 PBTA Ths a-w, sin ~-~uyes Clien•v. ►Aea' ! ake AMv►ZV Hoighs_ MliWDQrI ratrs„❑ Air F-- Om Llbst2v lake a A tie C N.v o' S. Daa -L ~r .•,ra on al trw, t)w va win ric ex^A""D^ Of the 5~ ~"^'r` uA 1n N►a Pla3a'A'L•=~ 1~ t1YO rZl_ a n aaaa• hNn 7. ty }!2~6c1 nDr-'rQ~Or1Ze;~ bicy;lraa rR h ticy le rb , 5"~"'re. TM racks h0 _ - - b2 5'9+.1 trid ?td4S1" - I Fors►attedt Number d cdwrrm: 2 aia::se ~'r<ealro TisG+nf $~t Wormatted ~ r. r7.35'- I 33 -04 n Nrll~e Nana ' ~ n . 174 3a rwA.- - 63 COMMA Fannatteds Fort: 10 "r4 Aa^sL.f' 06 06 py" I re... a.. i FPyyormsftdt Nge MCtrimr, Font- 1''. ~y, mot. tT-~ fVi:'t.l ::^d: F'.f •r~ it so 0; 2007 Updete r=.J oaad Aar 125. =QC9 - - I illy • I ~:r•=~'.-.r_~'l.-.r~~ .,-~,rnr.-,'SI'~_ rl:m't - - . -FLrr:ht♦a: In&nt: U t 11w 41 ASAWW-40- A~$ we d, is is - dimabla~, to lot aa a- 49 v a}say,- Fannatteds Went: LdU The _ j • ng::~ :~ras1 4LR• stesJ aJ7s.~RT -wal:y apa-trc41, 10.t7% Ica Aftn 6 pt Of-flo "4 tar.-a~.F~'a~'• WWI ;aaar.;;-:n awt ff leaf ' • .stet frar ;xtcr Tr' . trawl a.: going ~ataya0-lam ~tfiri- J=R; caa~a 9Wd&4vA*-,11vea-lJgbt-~a hl i1~ ability eseJ, ansJ~9 ~rae.~ -T° Tra powem nsporty-ftn P n MT es f r tl nl s rte a Hf b rornwteuh FWt. to pt - d f d In the fut 9 '.bat Ld extend from the f 102's n' 1 s ( Formatted: Ford: fo pt hrouah Spokane Vsl~jy t4 Libarty Lake i Formatted: FOM: 10;t liioh caeai•It trers~crtitlun 3vs ns a iyk;4m of Duel c n}oad6( Gr, 6¢rvioes wi h~ 1 Formatted: Fant:10 pt ur n` ed rt5 ; n caera'itfl prir~tmal{v 7n exolu5~ve rlahts of w3y and the suaxr'ing Egrvl-' - ar•d ftrmatteds Ford 10 Pit fa~ritiries rtpsa y to lTCk3Ttent su -^Yplem in 'udina in~erzt exl7feas ssrvkes and NO j g.=p-an s Nc; lar-gs. which Isken ea & whYla. t7taYldes a s>E~i2ntie;4`t ghr "I of Gasnflaer , F tope C9r-d4~rd t f t4a gwacity, sped end ferylpe frinue cy than trad!t.nal LrJCI1C ' arS o tion sv5leme 0 Qr~tc±~l1Y rn etsrentl DL1fJ7 roidwats RCW81,104 S 5j1y { ►ormaKr.d: Fort: 20 pt aleAi ari-typlGa;lY y~Obi6F+e~-3 h8t a k• Formaftedl pond: MtR IL9t saal~othe-ta.~ast a~-~'~a'~~ - *AideauaJOF . dQV*iTs4 For, Wed: Forte na add Not raaay-sJ oa JJ~arro-a;~rse ~IAa-efa-Ery~ts mat~r•~s~aa~y~Catip-; }.ttr:a-a;~ ~a~ ~a~+e~ctsPa~a+s I Forn,m,d: ra'C_ta pt - du~ay-s~~r~ta r~u-~ vc4~- 1~=:r t aut~'a 18 to2-g t.~r~sFa:h t' P.'• ;-ra ~c _ =1'~+IS at EOri7Pd~i'e~M-+1r~~G6J•kr~E i~~' BR;~ fs2+i~~ r'%tl:-~f GS-bit-r~'wzBt~D N 1 - - - Tt►a3-ir+Jta~i~`•a;a o! tt•.a ~f:aka~e Reg7crtal lRT F-~j~ci iE c - Its inn :v-=r--;~ Dr•h~t.~+~, cG.a=~ tati~Ace,s►Oy-Ctfy The future routs begins _t the STA Plaza and the downtown alignment runs less than a mile along Riverside Avenue_ The Convention Center and the Spokane tntermodal Center ans within walk-ng distance to the nearest station. East of Downtown, the alignment shares epprnxtmate!y - stx~ miles of existing railroad right-of•way (BNSF and UPRR) to DisF,man Mica Road.~thq-cr.le I Formatted: Farr: lops ~~n lnu~s §Ae_iFfrorn hm n iens the alignment ` n1 M sti k~ 1 v - ~ wma:t-d: fa•>t: to pc fib,ht-of-wet~o_T ` 4-, :a•,t31e•-mss in_Li rtyLai, ~~g~$war t3ouievard is krto oyed~~■t!0 },i add PgapY a of the AootawpX l formatted: re. 10 Pit ~nivarsJtY gc+a where urlr*aro~riahL c!--wa~~ exis!s 1n T+: -bv R - _ right-cf-!way east cf Un"Iyaraite Road f>i not of sufficient widths reguired to actommodQte t"th the ~maru.: rant topt iutliro 1tQT-! ,7AH,les end planned i nrA Arum is try the C!NL P,,,,,a tteds Font 10 pt It w1JJ +r r.~~. SE:.ti ; -i Rr rt-~1I.}`er ~is::t+3n GA fir- a=•r ire Fi rg curd6. T+ie c i3 { rarmattedr Font: 10 pt aes +ar~ ip~ aks--mot .:ra -..is at:.ng AQ pJSM a~f 8o.►tevssd t ;s tom-st LL-+lvs s a4 fvW4e lst3r►6JGr1-0l-Jt~ bjL :,.1>r-{~ ?4H.~ ~14F -trt>!'nia,:nD&f s~ltrJFQ r4ht"-Way-Own4a -~y ~pi~`B~D I FormstbettFonL• Iapt uaus Tko a;i ru-oes {ii;sas L'- h Spak fVassy to-;h*Lltt-! Lea ty U%i-& I Farmattxd: PKe Minter, FcM-- to :t j Formatted: Font: 10 pt 2007 Update = ' ~ i - Adopted April 23. 2008 _ -*Aga 20-of-32 porrs math FaR: 13 pt HCT Stattors and preliminary Alignment thro h S okatne Valle f.R,atted; FWt_ 10 pt _ 1D ODUO Side of - 1 tatl~oe d mewanondrd op nouns Wg a taAr d Borde6 Road smug wpm" of UPRR Trsds \ LL' EQ ( :r1u RL 54t4n1 cor a LA&I Loa :Nrd4"19 ad twou•'Tt Pa -10 Cr, it ;;dnu 'I VC7 f~ l7`: A/ ti~Yf ® 1 ~ ) j lima as U t: opp:n't~nff} tir 81,E8J,c]u 6RT der slea. K lioaraved the lane ranee sJMass of HCT urln daoetld O!t tedaye~oor lent c+f comr3A rm:~ors snd logiion of higher den%i V h-uslno in oil pm- k mPy to twill routes There are new park and ride facilities proposed within Spokane Valley 2t the Fairgrounds, Argonne, Pines, Suhtvan and the Applawayl1-90 Interchange. Thy tango In s-2a from 50 to 200 spaces. The Appieway park and Ride could aventuatly ba expanded to accommodate up to 1,000 care. F*U"4A= puss 're;--a ;t tv-T~i =,~1aElr$ !hi !•J:;t~h ~s'ti?k~-E~~_iJt z~ = - p-r. 1_~- - "~r-~ Lisa? a in 61 tt:a g,Oar;w=Srf :'&`dri>l~ 3t' 2iWba~~'iQ.~s{ I~:~r43r~ eng'sevin'tr6f4lin ;nzy tA4' sewe=atS'evx9 Pia~i:T atnesas+isnr~lelo ,~~It~r.~,er,.s r~, i 00"u"V44- -We tee raa~e t~?5sr !,4 f f t_ ~h der,:tat-socridars-aad•~outt~or►~1 hc~hf.► t'e,st~ h~,~: ~t-=- - . r - - . 16 the Oil Rai;-W TransR or $RT that GOrats+rros FT , N&UO"-qP-*4- ith the f hlbility end 4;aEt sr'~ryr ii1-t o~V-thw*ao `'4h4z• - F 9PgF8t9 C'in t1131r ptrP u}i31►5fi or i;l.E+s 41 r ' Fr~l-E~ iti£'~ iJ G-1&'itd6~ 36*F~ 3Nd 2tst}8t1CE i~~1' ~:s••'-4 ~ - CQt'+ar;'iEl Clls'tel:.~rw~.t t~4ti!',:-e 4-Zv6 -1t- oo~n+siu+utyr p'orarat+ + ~ Forrnsetedi Fcuu: to pt F Formadut Pap NufMw. Font: 1 ir•2atr-~'++=Q~ r^.~`'z~-~1'i"tK'' eVStJc:E1.~ ~I4WNtF~-fi~t~-Eft' fu.k~f~ii IICYti P.`te3i$ Ft - _ - Fo(m= -!v:l: ut 2007 update Ad";I,.od Ap'1 25, 2C-N. - - 21 f Formatt+~: i :1 ;t• ::nom - Aviatlon ror=aftedt Fom 11 A ppokane Irtemadonal Airport, the Airport Business Park, and Felts Fleld Airport are owned by the city edt Fait: 10:F and county of Spokane, and are operated and maintained by the Spokane Airport Board. Felts Field Alrporfs history traces back more than 85 years with its beginning as a landing field In a park area next to the Spokane River In the Spokane Valley. The airports heritage IncWas the original sits of tt, : Washington Air National Guard. In the 1830's and 1840's, Felts Fiekd served as Spokane's municipal airport with scheduled airline service from the airport terminal. That building, along with others at the airport is now on the Nation-_ Register of Wstoric P!acea. All but approximately 10 acres of Lhs 410-acre Felts Feld is located In the City of Spokane. Ten acr_ are located within the City of Spokane Valley. The airport is located at the North and of Fancher Rc In the western Spokane Vailay, and Is now an acttva General Avisdon airport with 7 ` and more than 72,000 annual aircraft operations. Information for the combined Spokane Airport System Is summariz•-: i Table 3.5128 r Alrgorts 4d M4 x4 4W-4r, E -1 ~Llu~f w'1 ~ Oiw anc-d Par, 4 769Kj :a,r :•2 -N E ?_=5174 I tai c,ar o U 8 TO R :1v.;;L 21 .Wt34 63P i C On U-6 ;r, 1 J 2c5 ~tagl ~'p9FltiE CDrir Frc E21 ' i lr J I ti Gaaasr Opa'T_ c~l Ji~~ I{- _ . ~Il _ y . t l{~_ i Tz44 Liss e 1 q'_-~I a' ••r '1 'CZ.~ I 1L~;,~~2tF1 ter-Et81 r i- -c ct(~ jL__ I CLc+:`Gc+r:e~Av; : 11 ^IL- - I 3' t - E t' 1_ tl Eur, I IAdal~.y OGet~.f =t' r _l- - - -l 'Formatted cs a j,i. Wt~ nw-1 :H?01:r et rtpunza i= f'.- - _ ~J j Aft.: 2 pt j reight r-'a4 aad ;,P!ja axe tt- 19J r~ V4. l Fo matted Table a res- CpoV 5~d In I@r as 331 AJ:pcAl -1 -s c~. da44 c Vi 2A'4 i Formatted: SpKe Adam 2 p4 `Alter. 2 _t 'Formatted:aaca Before: 2 p4 t ARtr: 2 pt % Formattedt Specs bdorc 2 p4 tit urxt . 2 u [,09;~ Q~4~5 C - YTO am Y70 goo Qtw%t Forzsattuds Forst 10 Pt 1 Tolal Paaaano~ 3~1.12Z! iS4.l:tlf -4 Formatteds Payer Number, Font 10 J p„Enpienad 0321 11112-457 in4lm LMN _t 2007 Update Arril 2-3, 7009 2 Formatted - 1 r; z _ rci ley Corrp'et.risho F I n - " ' ;a' 3 -'a s: _ Formatted x;1:1 j Fonaatmrd _ 1{ti I~ Formatted lgi1 141.7irS 38. 2t34t 2.411.fS± I 13.102 P."'S P°"^attad Gil Total Carla N-8 { Formatted X71 ~ Toro1 ases:o1,23 stgHM CA" AMN Formatted 3 gat 30 14Q9.1~2 J? a9 911 S7 00 I Formatted r ;si l a7° :9 2 212 JZ -11" 22: kQ M I -.L4% t~.nr~attad to 1 f-*cht 4rt IM 1fit X00 1~ ~ .1. IN A -47 38 7 AaL 3 _ 7 •u N 168 foetRattnd 1111 Formotted ~tllJJ 4 2.910 4~ _iX 172 13 ~ tRI SS.1Sta 4949=5~5 1!]ti {Ftxmattad L4 AkC Formatted 1 92M1LS ;lUA ZM 2-a' ~i_51i 4`?51 ' Por<emttsd 9kJA4-:2'e 1 se7 Lug -3 u% ,a 4, F 21 3}.E Formatted 17 i trl rs t e~ 1 O10 L7 3 IS lla ILL LO { Formatted f l~ i t.JA 13ah1pal IL99 ILM . Formatted 19 111 `Ss'! ~ Formatted ~ trtstsvooraf~+a IA N LEES L~lf t.4Gl ?~.tt7'4 Formatted Z 1 I tzs - - 'oaf fra~* t, nrtri FJM ;d+ tt 2aert.e at t.wr+l Fo►matha f 2;aht mae iM op an.lsoorlad h U S. !:{E I Formatted 11 c.....,..>r rw,►..,._ ~km•!~ _ iJodaled FaQlvso! 5.2Q,iT FOrrnatted T { Felts Field is classified as a reliever airport in the Washington State Aviation System Plan. The airport Formatted Js is located adjacent to the city boundary; a portion of the southeast comer iias within Spokane Valley [ Formatted ^ izF] city limits. Felts Field has 3131 based aircraft, induding 289 single-angine aircraft and 24 mu6anglne c Formatted 1Z71~ piston-powered aircraft Annual general aviation operations totaled 29,000 In 2042. Airport facilities and affiliated properties support the local economy through a variety of actiVues. For- Formatted dal example, a recent study estimated that the average general aviation trip generates appro>rmately $700 I Formatted E-1 In food, lodging and entertainment spending. Aaco.ding to the 2001 WSDOT Aviation Forecast and Formatted r- Economic AnOysis study, the airport generated about 250 jabs with an annual payroll of $4.5 million, Formatt~dTsWe 131]7 and $16 5 million In total annual safes output ` Formatted r. ~ ] Felts Ft81d has two f runways, Runway 31121 R and Runway 3RRtl.. Information about each runway =Fog is shown in Table 3.8 Formatted I... i.'~i %i= Formatted I 1.r! elf E f•.' ^ RLrJ=.~ r-,- • ' FOrr'i RQ1R 381211 Formatted 31 I o,gth t_5D0 9.0`3 (Formatted 1i N~ 180 15 Formatted Formatted {n~ 1,232.9 1943b Fotmeflnd 4! ~ P9111011 concnea Who- ~ Formatted f47? Formatted f`4_,i: Runway 31. has runway end indicator lights, visual approach steps irdicators (VAST) providing vart cal Formatted f-f± i guidance, and VOR or GPS and NDS non-preds6n approaches, Runway 21R is equipped with I Formatted VASI's, as well as a medium intensity approach Ilghurq system wuh runway alignment Indicator lights I 1;,1 (t.1At_SR). wt-'ch. in conjunction with an Instrument landing system, provides a CAT I precision { Formatted 14x1 1 2007 Update FortneE+xd icr. ! A c tad A 1 :5, ^+?C8 23 132 is a puoashed non-precision approach to Runway 38121 L rasher than a speufic runway ei Id. The Felts Field Airport Mas-r Plan, adopted In October 2005, is a 20-year needs assass;l rt providing recommendations for trnprovements. The major recommendations of the master plan irc' construction of new taxtways, new development to the north along the river, and an extenslon of to the main runway In the next 15 years to accommodMe larger aircrat The master plan also provides recemmandatlcns for the seaplane base located on the river adjacent b] y17•,,;a After Felts Field. It Is the only one LUpf rte kind in Eastern Washington. The water landing is 8,000' long and 100' wide and accommodates approximately 450 landings annually. The Felts Field Master Plan calls for expansion of the airports seaplane fac',Ikies over the next 20 years, Including construction of an additional dock, upgrades A existing docks, and improvements to the ramp. Map 3.5 Airport Hazards IdentiP.es regulated airspace pursuant to tr.a Felts Hold GC l N,;;ter p~an• Ilo.trwlttad: f.-?te.., indent to and 7.14 CFR~ 7? SuRtt►~ F Obiects e! ectinq_j~,av•sable Alrsaa.e Q^d RG'rv 36.vA 51Q 0.17', Space Afer 6 pt - - RCW 870 Lwtthin which structures exceeding spectfled heights n In v~oa U i n ' J% may represent a threat to airport operations and the safe operation of alrorait ubliairvg Feats Field. Map 3 8 Land Use Compatibility identifies areas where restrictions on IncompatIble tend use serve to prated persons and property adjacent to the airport. Washlrl4ton State Rai Formatted: Ford: it; X Unkrft ^J .8 Ball - - - - _ - - - - - Y" 7 ~ r'onnmeds Tone 1 t pt ,i I Formatted: Font- Io pt :3.61 Freight Freight rarl service Is provided by Fo.matt Z t rtt: tart o.75. Burlington Northam Santa Fe 11,.•- ' - (BNSF) and Union ParJflc ~N Railroad (UPRR). BNSF `L•}1 services an east west route from Chicago to Seattle and Portland. - , The UPRR provides service to Canada, the Yaldma Valley and Portland. I` 1 Y 3.6.2 Bridging the Valley The Bridging the Valley (STV) project Is a communlty-Initiated : project to explore the creation of = . WASM46TON srAti one L11_eommon railroad corridor can srsum tram which BNSF and UPRR - - - would operate between Spokane, Washington and Athol, Idaho. This 42 mile corridor presently has 72 railroad crosaings (48 In Washington) with over 494 trains In operation per week Growth In train traffic is forecast to Increase annually by 3.4% over the next 20 years. Traffic accidents, traffic congestion from rcadway closures, increased carbon monoxide emiss'o--; 1; .,1 t='rm =nt =r 3 271 s' algnificantty affect tho economy, health, safety i v - = _t Kaobanai Counties, and therefore, the In'.al,^ Northwest The STV project would eliminate epprox'mate'y - I , 51 at-grade crossings through closure (35 in Washington), and relocation of the Union Pactfic d: F . t 1o pt Railroad mainline into the Burlington North Formatte e rt I ~_a s Formatted: Page 10 txr, FoM:: 1 p Santa Fe Railway corridor. The remaining ;c twenty-one jZ1_j_crossings are either currently _ Formatter:: Font: to pt 2037 Ul Adoptod April 25, 2008• C72mu DOW r: xrylmde ~ as U. = sr~,a >ruo. ire - Ns+ JCL . 41 { - S,rsyr Awftm 5m:n'1 fuir-N ~lao+Fs~Ic t rttnr/ n U- m Pule Woss arlmr Y!a ~e Ra~.a ty .-f pux na Vaaay Cccpteh6;.sive Flan - l`-a_ tar i sc1 The CWPPs, Policy Topic 5. Poficy 3 states that'altarnettva modes of transportarftn to Ova automob ia,- Formattedr Four.pt including public transportation, pedestrian facilrtles, bikeways and air and rail facM6 s' sKaill bai Formntbo& lnderC Lars 0, 17' Included in the regional Vansportation pion, "Muldtnodal transporUdon planning focuaea on system choices, and adapts a generic, non- Flx"U!le& Urdent: Let. a.s mode specirc approach to defining and evaluating transportation prabiams. It then attempts to provide an unbiased estirnate of each mode's co btbutfon, singly or in combination, to solve tho problem. intermodal &ansportadorl planning, on the other hand, examines the policy and service interactions between modes, focusing on ensuring ease of movement for both people and goods when transferring from ona.11t mode to another".' lAwmatted:Inr_~c L-r": DS•, 1 MuZi-r ~xtak Trr:r c.~ or'ation' Tabs: o.ri , :1st tab + Nut at 1' 11prlarket Gre'r;,-e►noe5 `or haw 43"bltV ,r~5idef'ial d€v l -~T t rwa ,Ms in ing aajW amol tta~ rom, 99r 4 :roan and Numbartng of sulo-d?'DandencV A9rkularly In s, burban seas wtlh a Ism number of eommutw ~Fwmattadt Indent felt 0,75, The track of transoc •tstion system conrectytty in msn-y =sldZni al areas a!tcn oft Nwnbered + Level: 2 + NumbeftV i tematl`va tran1saortation ootions aya:.atle ro lRd+ zUsti 1;1 :1ud~'na AlIpAng. btcvOls~rt4 style: a, b, 4 - + Stan at i + public transij, Thies oanicu`arfy the case whene the +eck of f-lfrasWctura for OUCh Rigab r s+p0nnd~vr atg i~s i:tamat~is 1`- i'e or r.rs z:gt¢n's -,Ta t•etr i 1.5' + Not r 1., b Public tfansl' de~anda on riders alp to remain a pleb la option pence svs?erns depend on wenUis 2ena--- ed by tares LQw dens Ity deyelooment an; acuX;j Itmrti i Imoeda this attractlvarr_is Qf translt In MAny- suty an areas, Noah !cam the .nr1•rtI amd the service P-QVider. 13us Lranatt ulRms the sane shalt sworn L61;*j ; r autnrt~c~ti'65. 3_r the location of'"insit stops 16 in important con@Ide'3tio j Ryal at na motlrty within t',a rL'rM psrtlr;,ularty Qn two 121-1ar+a ro_d~wCfwut bud f~ull•c a H evermmag 5it'e5t re:+ _ tr-o a3dY9rSa immC1 an tng rcedwov .i wn$re . Gated h~~nin, ata~rt r~+•w:v r Blcvclas alw util" tha stmt SC ~~*~^'^h t,lrw~~ eccats can be sucotemenleA vMh trills eN 'hareA Da-Twcu _Bptn_oicticit r7'ti'3s ra.~a'.e~ 3?tn8n w~YS 510U t bite i*d tom ryadwiiyf deyicIned_for heavy cQn?rr-1cla! Lret1"C Sts a Ie'ah Meet;ure IOIfeB iS na'.esaarY_ to manta - tn R9aulali..ns wh ch falOh(Cll Atfrking in pt &4 functional lt. 0 ■ ~ CIa 5 tem d Pedesrisn riottiAy deuonds on the iyallabuity of welt-msintained siclawalks andlor linked trails to dgstrrat'•ore such as_ tzOt+sso19_emp nt and anaoot}A The utith, of trth Avdasrian swim and hkycla routes may _be WmDMrr11M&; ,j2 lrcl& enl *eat, par:..dn,h. In .rasa of vow aeeumulatlon. Di5lanca _f*o.n SCh~Jl ehoo^ir,q r, aer n2'wGril. 65 arnplOY+nBnt again to a BtOniril;*nt f2ctfir in the ~ifOGtlN~"1° g ('t t*!tf_e`~ _•e (`yltstrian mmkKI and c* &n of -got et Tnret( au:>s r4tt~In ~ ns -S_JLP_n nt jrorn that of wssenaer fora a-J noh► trv ~}t~ rcmd'~o Tr~dt axe3ration t-a t•;sio-, 1s cenera'v sly cartlcularty in hilly tbrrt,irt_an rL L-ming movE~nta r¢ uLz tddltEfinal tE~ace It edvisabI* to W- n gCA f s- LLn2mm x T". In; yb& s -f2ij -n-nu er ro yIes o--Ay srtgrta`s wnh numerous stoltLqtthe '•r,+;4!T 44 v svrrnron~T . iona±s _Truc1!! :3rs LT.iilel . 1r3 Or lY 81*8~n9lIVC iCtr t~3 K~G$t ~~l 1._- f: } Win' c p9558~]ct veh~ a-n eSr~rial:ti :cLk!r~Ent 4n Iryt Vp~Irl:j tyre` *JL-A -11~:4 ra" r _ .i in y" irate rC~OWtti alxess tgl~ _ Q r iI' . _ aC~C~ i?ii. I- Ral and olneint,cc--'ate wit: 0 dedicate-! N:hts-at we. Smh mcdet i71 beat WWI I- to movement of ILr_q g~~,e:i t of arti~u4r hTee M rmDc3 The necessarlly r!t►' ter offkient 11nWAS wit) uttler r NFj tQ ~f Sea "!!~E' : conft.:t -pit" ether modes V Vansrc-!etipn at thg mint M Irtigisanon . such ash ape N'1h 8t-:rtele ra~Iroza mstjm _T-4tLV.gtLc1-La SQL ~ LtY ~1N 6°r~n I55U" Q~.1'ppl ?!!gY-rV ikfq -fv Pormattndt Page Wb nber, Font: 15 - - Technical Assistanca Repot MULTIMODAL TRANSPORTATION PLANNING IN VIRGINIA:, PAST PRACTICES Pt ,MUND NEW OPPORTUNITIES, Staphan C. 6rlch and Laster A. Floret. 2007 Update _ - - AdcotedApt 125.20003 7-,7)=,26 .,32 both cassena r '.rafF;. EM1CI f'pjrnt mUY0"=nt The na!ur pf tyiabgr.:5 BJ~i tt`,~t f`ilOhl rridrs hays signi: -art eftc!% on glacar-t *nd v es find the tranaoo,'t lion setitr~ thong uses Z IntermQdal Transporta0on - I ftmo Led! Indent: Left W, (Henpln9: 0.23' The impor►anca cf the vsroUS h acs of IntamMal transoo, ILIon depends to a hlah deg ~e an t1 a- Fom,,m,d4 tndsc >dc p 5• service reaulred and the knd 4m served arkl tti,e In= of a Invo'ved. a, In rasjoytia! =_rees. a choloe of node fav,;,rina the jnnaMdudI Is ^.f erecter ImRgrten? e_- I Farteaft b Ifrderit Lift 0.75`, TransportaJon system choices for Individuals will depend on the relative convenience, Numbered + Levek a+ Nut-barkV access and pricing of the aftmadves. Public polity may seek to change the ralativa Sy&. a, b, r, + Start at 1 + " value of fndlvktual choices. They could do this by various means, including public atiNnrrwt: left + Aligned at: 1.25 +Tabat;r: Ss•.tr,der,tat: 1-511, Improvement, offering finanGal; ran financial Incentives, or adopting regulations. Tabs: 1", List tab + Not tit 1,51 L_Publlc Imprcvemertg. jrnpmved pedestrian access to transit corridors, shopping- Fain attad; Font. !0 A Not Bold and schools makes walking and public transportation more attractive to i Fornutb!dr auttets"Numbering Individuals using those facilities. Planning for higher density land uses adjacent Font :o pc to transit corridors Increases the likelihood of larger numbers of people using _ these mode attematfves. Slmllarty, bus shatters and similar amenities which Increase individual comfort and convenience will encourage additional utilization of alternative modes of transportation. l ricentives. The Commuter Trip Reduction (CTR) program ut=urages car and Formottsds root: 10 M Not add vart-pooling through corporate sponsorship. Additional Incentives Include I FamutLedi F*nt: 1J a telecommuting, company sponsored bug passes , and flexible work scheduling, which allows workers to avoid peak traffic periods. Where High Occupancy Vehicle (HaV) lasses are in place, vehicles with at least two ILoccupants benefit from reduced travel time. ut. egulatien, Local governments adopt regulations which have the affect of Formatted, Font: to rat, Not Odd encouraging alternative modes of transportation. Former e b Fart: to pt b Dedsiors concerning tea- -~f freight movements are determined ,allmas - i Fornuttedi Irdef tr LM 0.751, Qxclustv®ht by the needs of supp1ers and markets, but competltiva pricing to probabl" y the V."Ong: 0125" most s~qniNmrit factor 1n mode choice. 'Just In time' detlvery has replaced warehousing : FormttLeds Font: 10 pt in most commodity markets, where delay is a cost factor. - - - - - IMP; delay 1, itetateal tlha efficiency of Intennodal connections, loosely defined as that point where two_M or more modes of transportation come together e.g. roadways Conneciing airports, railroad loading facilities and freight terminals, pipatlnes and terminal facliities,,~sn~ more on the ave~lebifity end ti.e „-may of ~n'•e3trv u~ er~tf Iinkaaei! i Through ftimht tra`►,e; sheutg be s!a-!aa e4 from o c+neti of destinat or, trrzf Rur. sUeds trident: left: 1.2r, imott}ve fior~. Numbered + Level: I + Numbering Style: I, A, W, + Start at 1 + Q $ipnaliza*!On on roSdyy an $_t@~h on (4L~'in at UZrcks IQ StpDAIfYQ an Rrnit AllS~nment LtR+wgned at: 1-5' t Teo after. 1.75" + Irder t at 1.75-, ~3tertlr.9. Tlbrc 15", Uat tab + Not at 1.T5• ~ Ili lpfrssyuctLre In QZmr~ III and ►P_d etri Ssf-AtZ,D~~ !+4 d28!1~ l~f9C111 9i fraiohtmnvernen In 'l- I1gW~Gt!vdl, 5t In;frS?rr~rnF Iv. For cordsnovfm 9n dedl„~tad rtg_hs-of• car, re,? Li~in Qf.. Re nitna r~ 4n f • rfl t'..i.* c!11*rr rn~jry3 will _`ac,litale rnrrJ iA Forn+ektedf Fonti to Pt Fonmattedt Page Number. FarC 10 PC iormattedr Fria: to pt 2007 Update Adapted April 25, 2008, _S?g 27 .-13Z ;e°3-- FormyttW Formatted 0501 J ty A Spokara VaGay CC,mptaLen;iva rlen - a Formatted j ...lLIt 1 Formatted (-~1 1 Formatted 3.10 Goals and Policles ~ Formaded 7- .(Formatted , j Streets and Roadways Goats S Policies Formatted F, 7 -1-W GoalJQ.Z Establish appropriate design standards for transportation faciiitlec _ X11 Policies TP-1.1, Strati deal n should provide for connectivity between rasidential neighborhoods acrd- 'Formatted Csat cotledors. iacouraga cut-through trafl9a ; Fon W&ed (-1b411 TP-1 2 Develop access management standards for each fur:ctional classification of roadway. ; Formatted Work to consolkia!s or ramove existing access point when a roadway does nct reset I Formatted C6~1 appropriate standards. - I Fotmatted F531 ~ Goa) Formatted 164t~ TG-2 Ensure that roadway systems are designed to preserve and are consistent with-Formatted tbst community character. ; Formatted r iSS i Policies - Formmattd .671 ~ T13-21, Street design shctdd complement adjacent development ' - Forma's r,~,l 1 JP-2-2, Discourage "to roads as a prfnclpal means of access to developments. Private . Formatted 69 I roads should be designed and construdad to public street standards. , noj JP-2.3, Encourage landscaping, street lighting and beauttfiratlon In tho design standards for local a--s' streets, collectors and ar`erals. i Formatted IF-2-4 Ensure that the Avoleway Boulevard right of *yy is the minlmum width ne nju to Formatted COMMOM a :carom to hut:ure street and rrc(ar, 1 high gMacity tr'anSK i Formatted i~~j1 Formatted TS 1 Goal. L3 improve local circulation and emergency access consistent with community- ' Formatted C~ character and safety. I Famwtind Policies Formatted Z' TP-3.1, As finding ailovw s, brlnp unimproved and rural cross seWons up to adopted street- Formatted standards. Formattad p TP-3 As finding allcws, make intersection improvements and increase storage capacity , ,at~ where approprieta. Forntind tai] - Fa mad rail l Goal. Formatted TG44 Minimize the negative Impact from transportation systems on the natural- Formatted ~64 11 environment, air quality, noise levels and fool consumption. - ; Formatted Policies ,TP•4,1- Restrict high-speed traffic from re3iderNal neighborhoods and utilize traffic calming- d (p strategies to reduce vehicular speeds where appropriate. I formatted te6. ,TP4 2, Complete (oral traffic circulation plans for areas experiencing new development ! Formatted - Formatted Or i I Formatted I r t I Formattd Formatted s~19j~ Formatted Formatted Gi y or ~pok ln~ V=1iay C..,-.,t re:tan;Iv3 FI n- F_- ' formatted f 4 - Forn+amed park & ride lots and school bus routes; and 3) designating a network of sttxrs that Formatted can safely and efttclently a=mmodate bicycles and coordinate development of the non-motorized system with surtounding Jurisdictions and regional system extensions. Formatted TP-9.2. Provide sidewalks on both skies of all srtaral streets as "unding allows. Famufted r-(1_.. , TP-9.3, incorporate pedestrian and bicycle features as design elements in the City Canter. ( Fam.tted C.,.11461? TP-9.4 Work with other agencies, particularly relating to regionally significant faeiTrties to ; I Formatted pursue funding for pedestrian and bicycle facilities. ( Formatted TP-9.5, Ensure that sidewalks, shared use paths and bike lanes are safe, clearly marked and Fawn sited 1 well mainlained. ► t 7-9.6 Include bicycle famlitles where practical along arterial roadways. Famattad r7r-,53t 1 TP-9.7 Include convenient and secure bicycle parking at major destinations and I Formattsd( transportation centers. Formetted tlss TP-9.a Include pedestrian friendly facilities such as sidewalks In city street econstructmi ; Formatted TiSb and Improvernent prefects, and require pedestrian friendly facilities such as sidewalks i Formatted In all new development ( Formatted TP-9.9 Reduce obstructions and conflicts between bicydelpedestrian facilities and vehicular sited transportation routes. l Forman TP-8.10, -Develop street, pedestrian path and bike path standards that contribute to a systrrm i Formatted t51 of fully connet"ad mutes. Formatted Transit Goals & Policies ~ 163 Goalp Formatted i-FormatSsd t <Z541~ TG-10 Support the provision of a safe, efficient and cost-ettectlve public transpormon- Form ettad F-- (1611 systern• i Formatted 1661 ~ meal •1 Encourage land uses that will support a high-capacity transportation sys am. _ 11671 Pollcles ( Formatted r15 TP-11.1, Ensure that street standards, land uses and building placement support the facii6es• Formatted and serv es needed along transit routes to make transit viable. I Formatted TP-11.2, Work with STA to ensure that transit shelters, bus benches and other amenities that Formatted support transit use are provided In appropriate lotatlons for users of the system. Formatted rtni TP-11.3, Support the oontinuad planning and development of a high-capacity transit system. i Formatted lei TP-11.4, Work with STA in planning and developing bus pull-out bays on, the far side cf Formatted 17 -411 Intersections. Formatted _ t TP-11.k NelQhborhood businesses areas should be served by transit consistent with the Formstttd 1 - Transportation Element Fonfletted r-rirn 1 TP-11 6 Ensure the Aoolewsy Boulevard right way tstne mintmum w4th negn arv_t_o ~ Formatted ( 1-175j 1 accommodate futyrs street any high ca2gC-lty trapsrt Imorovrert+enta. a ilmn Aviation Goats 8, Policies ( Formatted _ rta5 Goal. "Formatted 191 stL~d TG-1a Support the expansion of general aviation and freight uses at Felts Field In ( Form accordance with the approved Alrport Master Plan. Poll", s { Form.a,ed t TP-121, -Encourage the full development and utillration of airport propertt3s at Felts Fletd. (Formmed e5 Fore .-lard I .115E 2007 Updats Adop'ed April 25, 2003 _31 f32 S CnrY OF pV _ a1 P Y alle .11707 E. Sprague Ave. Suite 106 S okane Valle WA 99206 (509) 921-1000 • Fax (509) 921-1008 - cityhall@spokanevalley.org January 8, 2007 Kathy Ames P.O. Box 113' Malott, WA 98829 RE: Zoning/Land Use status for Parcel No'. 45103.0263 Dear.Ms. Ames: You requested a letter regarding the Comprehensive Plan land use designation and zoning for the above referenced parcel, located at the northeast corner of Pines and Mansfield Roads in the City of Spokane Valley. As we discussed on the telephone, the future land use designation for your property is High Density Residential (HDR) and the current zoning is B-3, or Regional Business. We believe that. the appropriate land use designation and for the property is Office and planning staff will propose a mapping change during the 2007 annual Comprehensive Plan amendment process. We will also propose changes for the existing office developments north of your property along the east side of Pines Road. The Comprehensive Plan amendment process includes hearings before the Planning Commission and City Council. We will keep you informed regarding dates and times for public hearings. We welcome your testimony either in writing or in person at the hearings. The comprehensive plan amendment process should be completed in the late spring/early summer of 2007. If the property is changed to the Office category, it will eventually be zoned for office and retail uses. The City is currently developing a new zoning code, including new office zones. We encourage you to keep in touch with our office as we prepare the new code for public review and hearings before our Planning Commission and City Council. Please contact me with any questions. Best Regards, Scott Kuhta, AICP, Senior Planner 509-688-0049 OPTIONS: Advance the ordinance to a second reading; remand to Planning Commission for further consideration; or conduct a public hearing on proposed deviations from the Planning Commission's o recommendation. RECOMMENDED MOTIONS: Advance ordinance 07-027 to a second reading STAFF CONTACT: Greg McCormick, AICP, Planning Division Manager; Mike Basinger, AICP, Associate Planner ATTACHMENTS: Exhibit 1: Planning Commission Findings and Recommendations Exhibit 2: Draft Ordinances 2of2 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASH NGTON 012DEN_ANCE NO. 07-027 AN ORDNNAANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AAIENDING ORDINANCE 07-015 WHICH ADOPTED THE OFFICIAL ZONING IMAP; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City of Spokane Valley adopted Land Use plans and regulations as set forth in the Uniform Development Code and the City of Spokane Valley Zoning Map through Ordinance No. 07- 015; and WHEREAS, the Washington State Growth 'Management Act (GIVIA) allows comprehensive plans to be amended annually (RCW 36.70A130); and 1VEIREAS, amendments to the City of Spokane Valley Comprehensive Plan and zoning map may be initiated by the Planning Commission (Commission), the City Council (Council) or by the Community Development Director based on citizen requests or when changed conditions warrant: adjustments; and WHEREAS, the G'MA requires comprehensive plans to be implemented with development regulations, including the zoning of property consistent with land use map designations; and WHEREAS, consistent with the GMA, City of Spokane Valley adopted Public Participation J Guidelines to direct the public involvement process for adopting and amending comprehensive plans and zoning map; and WHEREAS, the Comprehensive Plan provides that amendment applications shall be received until November i of each year; and 1k'I-IEREAS, applications were submitted by the applicant, owner or by City staff to amend the Comprehensive Plan and Zoning iMaps for the purpose of beneficially using the property described herein; and WH*EltEAS, following the application to the City; staff conducted an environmental review to determine the potential environmental impacts from the proposed amendments; and WffEREAS, after reviewing the Environmental Checklists, staff issued a Determination of Nonsignificance (DNS) for the proposals, published the DNS in the Valley News Herald, posted the DNS on the sites and mailed the DNS to all affected public agencies; and WHERF_AS, the Commission conducted a briefing on September 27, 2007, to review the proposed amendments; and Wff REAS, notice of the Commission public hearing was published in the Valley News Herald at least 14 days prior to the hearing; and WHEREAS, notice of the Commission hearing was mailed to all property owners within 400 feet of the subject property; and Ordinance 07-027 Zoning Map Changes Page 1 of 6 DRAFT WHEREAS, notice of the hearing was posted on the subject property; and Wl-REREAS, the Commission received evidence, information, public testimony and a staff report and recommendation at a public hearing on October 25, 2007; and WHEREAS, the Commission conducted a public hearing on October 25, 2007, to consider proposed amendments to the Comprehensive Plan Land Use map and zoning map. After hearing public testimony, the Commission made recommendations on CPA-02-07 through CPA-09-07. The Planning Commission made no recommendation on CPA-01-07. The Commission continued the public hearing for CPA-10-07 through CPA-] 7-07 to November 8, 2007. Further research was requested on CPA-] 0-07 to determine an appropriate boundary for the proposed Regional Commercial designation. On November 8, 2007, the Planning Commission deliberated on CPA-10-07 through CPA-17-07 of the Plan; and WHER-FIAS, on November 8, 2007, the Commission continued the public hearing to deliberate on CPA-10-07 through CPA-17-07, the Commission recommended approval of all preceding amendments with modifications to CPA-10-07; and WHEREAS, on December 4, 2007; Council reviewed the proposed amendments; and WHEREAS, on December 11, 2007, Council considered a first ordinance reading to adopt the proposed amendment; and \kHEREAS, on December 18, 2007, Council considered a second ordinance reading at which time Council approved written findings of fact setting forth their basis for recommending approval of the proposed amendments. NO\V, THEH EFORE, the City Council of the City of Spokane Valley do ordain as follows: Section 1. Purpose. The purpose of this Ordinance is to amend the Official Zoning Map adopted through Ordinance No. 07-015 in order to permit the property described herein to be used in a matter consistent with the same. Section 2. Findings. The City Council acknowledges that the Commission conducted appropriate investigation and study; held a public hearing on the application and recommends approval of the amendment to the "Zoning maps. The City Council hereby adopts the findings of the Commission, specifically that: 1. Notice for the proposed map amendments was placed in the Spokane Valley News Herald on October 5, 2007. Each map amendment site was posted with a "Notice of Public Hearing" sign, with a description of the proposal, and a State Environmental Policy Act (SEPA) determination. 2. Individual notice of the map amendment proposals was mailed to all property owners within 400 feet of each affected site. 3. Pursuant to the State Environmental Policy Act (SEPA - RCW 43.21C) environmental checklists were required for each proposed comprehensive plan map. 4. Staff reviewed the environmental checklists and a threshold determination was made for each comprehensive plan amendment request. Determinations of Non-significance (DNS) were issued for the requested comprehensive plan amendments on October 5, 2007. 5. The DNS's were published in the city's official newspaper on October 5, 2007 consistent with the City of Spokane Valley Environmental Ordinance. 6. Appropriate environmental review was conducted and all S>PA requirements were met. Ordinance 07-027 Zoning Map Changes Page 2 of 6 Dp A r 7. The Spokane Valley Planning Commission conducted a public hearing on October 25, 2007, to consider the proposed amendments. After hearing public testimony, the Commission made recommendations on CPA-01-07 thru CPA-09-07. 8. The Commission continued the public hearing for CPA-10-07 thru CPA-17-07 on November 8, 2007. further research was requested on CPA-10-07 to determine an appropriate boundary for the proposed Regional Commercial designation. 9. On November 8, 2007, the Planning Commission deliberated on map amendments CPA-10-07 thru CPA- 17-07. 10. The planning goals of the Growth Management Act (GMA) were considered and the proposed amendments are consistent with the GIMA. 11. The goals and policies of the Spokane Valley Comprehensive Plan were considered and the proposed amendments are consistent with the Comprehensive Plan. 12. The proposed land use and zoning designations are consistent with the current use of the properties. 13. The Comprehensive Plan Land Use Map and Zoning Map amendments will not adversely affect the public's general health, safety, and welfare. Section 3. Property. The properties subject to this Ordinance are described in the attached Attachment "A". Section 4. Map Amendments. Pursuant to RCW 35A.63.073 the City of Spokane Valley Zoning Map as adopted through Ordinance No. 07-015, is hereby amended as set forth on the attached Attachment "A". The Zoning map amendments are generally described as follows: Map Amendments O File No. CPA-01-07 Location: South side of 16`x' Avenue; west of its intersection with Sullivan; Parcel number 45261.0707 at 1607 S. Sullivan Rd Request: Change the zoning from Single-family Residential Suburban District (R-2) to Neighborhood Commercial (NC) Council Decision: Change zoning to Neighborhood Commercial (NC) File No. CPA-02-07: Withdrawn File No. CPA-03-07 Location: Northwest corner of Pines and 32''x; Parcel No. 45284.2030 and 45284.2013 at 3010 S Pines Road Request: Change the zoning classification from Neighborhood Commercial (NC) to Multi-family High Density Residential District (M.P-2) Council Decision: Change zoning to Multi-family High Density Residential (MF-2) File No. CPA-04-07 Location: fast side of Pines, North of Mansfield Road.; Parcel No. 45103.0263, 45103.0262, 45103.0261, 45102.9074, and 45102.9057 Request: Change the zoning classification from Multi-fitmily High Density Residential District (MF-2) to Office (O) Council Decision: Change zoning to Office (O) Ordinance 07-027 Zoning Map Changes Page 3 of 6 DRAFT File No. Cl'A-05-07 Location: Located on the north side of Mission at its intersection with Barker Road; Parcel number 55083.6401 at 1612 N. Barker Road Request: Change the zoning classification frorn Single-family Residential Urban District (R-4) to Neighborhood Commercial (NC) Council Decision: Change zoning to Neighborhood Commercial (NC) File No. CPA-06-07 Location: East of McDonald Road, north of its intersection with Sprague; Parcel No. 45154.1717 at 102 . N. McDonald Road Request: Change the zoning classification from Single-family Residential District (R-3) to Corridor Mixed Use District (CNIU) Council Decision: Change zoning to Corridor IN-fixed-Use (CNICn File No. CPA-07-07 Location: West of Argonne on the south side of Broadway Avenue; parcel no. 45184.0116 and 45184.0101 at 8910 F. Broadway Ave and 711 N. Argonne Road Request: Change the zoning classification from Garden Office (GO) to Multi-family 1-iigh Density Residential District (Nil=-2) Council Decision: Change zoning to Multi-family High Density Residential (MF-2) File No. CPA-08-07 Location: North side of Cataldo, west of its intersection with Argonne; Parcel no. 45181.1224 at 9015 C Cataldo Ave. Request: Change the zoning classification from Garden Office (GO) to Multi-family High Density Residential District (MF-2) Council Decision: Change zoning to Multi-family High Density Residential (MF-2) File No. CPA-09-07 Location: East of Pules, north of its intersection with Olive; parcel no. 45153.1715 at 512 N Pines Road Request: Change the zoning classification from Office (O) to Multi-family High Density Residential District (NfF-2) Council Decision: Change zoning to Multi-family High Density Residential (M +"-2) File No. CPA-1.0-07 Location: The corridor is part of the Barker interchange and runs from east of Greenacres Road to I-lodges Road and from south of 1-90 to Alki Road; the southern border of the corridor extends along Alki from Greenacres to Michigan; there is a small portion included in the corridor that extends the border farther south from Alk.i to A.ppleway along Michigan, and then east to Hodges Road, the city boundary line. Request: Change the zoning classification from Corridor Mixed Use (CMU) and Community Commercial (C) to Regional Commercial (RC). Council Decision: Change to Regional Commercial, except for a small residential tract located in the southwest portion of the proposed amendment. The Planning Commission recommends this residential tract he zoned Single-family Residential District (R-3). File No. CI'A-11-07 Location: West of Park Avenue and on the south side of Nora; parcel numbers 35124.2504 and 35124.2606 at 7320 E. Nora Ave. Request: Change the zoning classification from Community Facility (CF) to Light Industrial. Council Decision: Change zoning to Light Industrial (I-1) Ordinance 07-027 Zoning Map Changes Page 4 of 6 DRAFT File No. CPA-12-07 Location: South side of Broadway, west of Ella Road; parcel no. 45153.0405 at 7816 E. Broadway Avenue. Request: Change the zoning classification from Multi-family High Density Residential District (MF-2) to Office. Council Decision: Change to Office (O) File No. CPA-13-07 Location: East of Pines, between Pinecroft and Trent; parcel no. 45033.9024 and 45033.9042. Request: Change the zoning classification from Community Facility (CF) to Mixed Use Center District. Council Decision: Change zoning to Mixed Use Center (MUC) File No. CPA-14-07 Location: South side of Mission, west of its intersection with Pines; parcel No. 45161.0246 at 12006 E. Mission Avenue. Request: Change the zoning classification from Community Facility (CF) to Garden Office. Council Decision: Change zoning to Garden Office (GO) File No. CPA-15-07 Location: South side of 12'' Ave, west of its intersection with McDonald; parcel No. 45223.9210 at 12912 E. 12'h Avenue. Request: Change the zoning classification from Community Facility District (CF) to Multi-family High Density Residential District. Council Decision: Change zoning to Multi-family High Density Residential (11'LE•-2) File No. CPA-16-07 Location: West of Long Road, south of its intersection with Maxwell; parcel no. 55182.0103 at 1409 N. Long Road. Request: Change the zoning classification from Community Facility (CF) to Single-family Residential District (R-3). Council Decision: Change zoning to Single-family Residential District (R-3). File No. CPA-17-07 Location: 'North side of 10 Avenue, west of mines road; parcel number 45214.2531 at 924 S. Pines Road. Request: Change the zoning classification from Single-family Residential Suburban District (R-2) to Corridor Mixed Use District (CMU). Council Decision: Change zoning to Mixed Use Center (MUC) Section S. Zonin Map/Official Controls. PllrSUant to RCW 35A.63.100, for the purpose of regulating the use of land and to implement and give affect to the Comprehensive Plan the City hereby amends the Official Zoning Map of the City as set forth in Attachment "A". Section 6. Adoption of Other Laws. To the extent that any provision of the City of Spokane Valley's Uniform Development Code (UDC), 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 UDC, or other law, rule or regulation is hereby adopted by reference. i Ordinance 07-027 Zoning Map Chiuiges Page 5 of 6 DRAFT 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 Development. The City Manager or designee, following adoption of this Ordinance, is authorized to modify the Zoning Map in a manner consistent with this Ordinance. Section 8. Liability. The express intent of the City of Spokane Valley 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. Severabilitk. ff 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 (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of December, 2007 Mayor, Diana Wilhite ATTEST: City Clerk, Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 07-027 Zoning Map Changes Page 6 of 6 ATTACHMENT A ZONING MAPS Exhibit 2: Zoning N I ,Aq, 14th 4th l; f z r 6 ~ Y g s 0/1 t , CPA-01-07 R-3 i; ! 6th i 6c6 l nth Spokane - i { _ Seventh i Du% Ad%rs y _ - = r R-I i CPA-01-07 Request: Change the Comprehensive Plan map designation City of Spokane Valley from Low Density Residential to Neighborhood Community Development Department Commercial change zoning from R-2 to NC. Exhibit 2: Zoning Map / i 6 46 CPA-03-07 f i J 31st t- F ~C 32nd 32 32nd -14th CPA-03-07 Request: Change the Comprehensive Plan map designation City of Spokane Valley from Neigbborbood Commercial to High Density Residential; Community Development Department change zoning from NC to ATF-2. Exhibit 2: Zoning Map i2j 1 00 CPA-04-07 / ii fe •%i X i i n IILI in.iura 11.^ a r, n CPA-04-07 Request: Change the Comprehensive Plan map designation city or Spokane Valley from High Density Residential to Office; Community Development Department change the zoning from '.%I -2 to O. Exhibit-'): Zoning Map Allan 77- Auew:r _ CP'A 7 7 - - - - - endkitk Rivcr 77 Stmian 1 isainn Mistien \f Rarker Community Learning Center m ~tF-1 Mtx e 0 r Cl CPA-05-07 Request: Change the Comprehensive Plan map designation city or Spokane Valley from Low Density Residential to Neighborhood Commercial; Community Development Department change zoning from R-4 to NC. Exhibit 2: Zoning Map Main Amin Main Milm e vTF- I R-3 Q'A-06-07 a G L 5nrasu a i s S u CPA-06-07 Request: Change the Comprehensive Plan map designation City of Spokane Valley from Low Densitv Residential to Corridor Mixed-Use; Community Development Department rhnnse zoning from R-3 to CNIU. Exhibit 2: Zoning Map CPA-07-07 ~ ✓ I ~ i / r C F , ~ Pb C R-3 CPA-07-07 Request: Change the Comprehensive Plan map City of Spokane Valley designation from Office to High Density Residential; Community Development Department change zoning from GO to MF-2. Exhibit 2: Zoning N9ap 4 r~/ < `~I, t1W111 ~ i r/ CPA-08-07 I 12.11I C, Cntnld.~ R•3 CPA-08-07 Request: Change the Comprehensive Plan map designation City of Spokane Valley from Office to High Density Residential; Community Development Department change zoning from GO to INiF-2. Exhibit 2: Zoning Map North Pines Middle >r b_ (F CPA-09-07 / i II~C R4 - / - R-3 if Y.Jlc:se. I CPA-09-07 Request: Change the Comprehensive Plan map city or Spokane Valley designation from Office to High Density Residential; Community Development Department change zoning from 0 to ELF-2. Exhibit Zoning Map R-A R-3 -17 F L II - ar•r •inl PA-I0-07 g k 1 j ~fl 91 \ iS!i~'llr~. 1~ 1• _ OFF I ~n R.3 y5 e P R-3 k' R-3 7 fF• - CPA-10-07 Request: Change the Comprehensive Plan map City of Spokane Valley designation from Corridor ilixed Use and Community Development Department Community Commercial to Regional Commercial; change zoning from C'NTU and C to RC. Exhibit 2: Zoning Map R -22 R4 A R-3 Seib ooda rd i - t rion WC, R-Z CPA-11-07 Request: Change the Comprehenshe Plan map designation City of Spokane Valley from PubliclQuasi-Public to Fight bdustriai; Community Development Department change zoning from CF to 1-1. Exhibit 2: Zoning Map m Centennial diddle (f CPA-12-07 ~llotw I= -R4 Alks CPA-12-07 Request: Change the land use designation from City of Spokane Valley High Density Residential to OMce; change zoning Community Development Department from CIF-2 to O. Exhibit 2: Zoning Map s i;. CPA-13-0. Y- ~ t r ~I Trent ail F E: Elemen u rti l t_F CPA-13-07 Request: Change the Comprebensive Plan map city of Spokane valley designation from Publl&Quasi-Public to Mlsed Ilse; Community Development Department cb,age zoning from CF to MUC. Exhibit Lulling ICI: i 1/ 00.11 110 / i .10 (TA - 14 - (17 (F Maxwell --_R 1 R•3 i CPA-14-07 Request: Change the Comprehensive Plan map City of Spokane Valley designation from PabliclQuasi-Pubile to Office; Community Development Department change zoning from CF to GO. Exhibit 2: Zoning Map tlLi CPA-15-07 FQ13th R-3 s 3 c 2 ISSIf McDonald Hementan iSth est: Chaa$e the Comprebeasive Plan map qu CPA-15-07 ER City of Spokane Valley slgaation from Public/Quasi-Public to HDR; Community Development Department change zoning from CF to NW-2. Exhibit 2: Zoning Map ~t CPA-16-071 1 R-3 CPA-16-07 fdesignation st: Change the Comprehensive Plan map City of Spokane Valley from Public/Quasi-Public to LDR; F-Community Development Department change zoning from CF to R-3. Exhibit 2: Zoning Map Nth u \ ! rILh CPA-17-07 i --R R3 \ r NTT -I CPA-17-07 Request: Change the Comprehensive Plan map City of Spokane Valley designation of northern portion from LDR to CMU; Community Development Department change zoning from R-2 to CMli. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 11, 2007 City Manager Sign-off- Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Resolution 07-021 Adopting Appeal Findings of Fact: Landworks Development, LLC Appeal GOVERNING LEGISLATION: Spokane Valley Ordinance 05-021, Guidelines for Appeals PREVIOUS COUNCIL ACTION TAKEN: At Council's November 27, 2007 meeting, Council denied a motion to supplement the record; conducted a public quasi-judicial hearing, and after deliberation passed a motion to affirm the Hearing Examiner's decision of August 30, 2007. BACKGROUND: This matter concerns a timely appeal filed by Landworks Development LLC. Previous Council action is set forth above. At the time of that hearing, November 27, 2007, the Council directed the City Attorney to prepare a Resolution affirming the Hearing Examiner Decision in a manner consistent with the motion of council. The Resolution is attached hereto. OPTIONS: Approve Resolution 07-021 or direct staff to make further revisions. RECOMMENDED ACTION OR MOTION: Move to adopt Resolution-021 Affirming the Hearing Examiner Decision. BUDGETIFINANCIAL IMPACTS: N/A STAFF CONTACT: Mike Connelly ATTACHMENTS: Resolution 07-021 i DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHWGTON RESOLUTION NO. 07-021 A RESOLUTION AFFMMl•NG 'r- f_E FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION OF THE SPOKANE COUNTY HEARING EXA LINER. -(N THE MATTER OF REZONE FROM THE UR-3.5 ZONE TO THE UR-7* ZONE; PRELL (NARY PLAT OF PONDEROSA ESTATES NORTH, L\1 THE UR-7* ZONE; AND SEPA APPEAL OF NEMGATED DETE+'RJ INATION OF NONSIGNIF ICANCE (1VTDNS) DATED AUGUST 30TH, 2007, FILE NOS. REZ-23-04/SUB-15-04/A.PP-03-07; APPLICANT LA.NDWORKS DEVELMMENT LLC, AND APPELLANT PONDEROSA PROPERTWS IIOA. WHEREAS, the Spokane County Hearing Examiner issued a decision on August 30, 2007 in the above- captioned matter entering specific Findings of Fact, Conclusions of Law and a Decision which held: "Based on the Findings of Fact and Conclusions of Law above, the subject applications for a preliminary plat and rezone are hereby denied. The SEPA appeal submitted by the Ponderosa Properties Homeowner's Association is hereby denied" NVITEREAS, On September 13, 2007 a timely appeal was filed by L andworks Development LLC alleging that: 1. The Hearing Examiner erroneously concluded in conclusions of Law Number 5 that the preliminary plat does not make an appropriate provision for ingress and egress out of the Ponderosa in the case of a large-scale disaster and that the proposal will worsen access problems. 2. The hearing Examiner erroneously concluded in Conclusions of Law Number 6 that the preliminary plat proposal does not bear a substantial relationship to the health, safety and welfare and that the rezone relaxes development standards for the preliminary plat. 3. The Hearing Examiner erroneously concluded in Conclusion of Law Number 7 that the proposal will have an adverse significant: impact on safe public access out of the Ponderosa area. „ - 4. The Hearing Examiner erroneously concluded in Conclusions of Law Number 1 l that the City Planning Division should have required the applicant to conduct afield investigation and consult with NNrDFW [Washington Department of Fish and Wildlife) to determine whether the project would have impacts to deer; and WHEREAS, the appellant in its appeal documents attached six pages of information which appear to contain both an„explanation of the appeal and new facts not a part of the record below. Respondent, Ponderosa Properties Homeowner's Association objected to the same; and WHEREAS, pursuant to Spokane Valley Ordinance 05-021 the record of the hearing was timely prepared by the Hearing Examiner and transmitted to the City Clerk. The City Clerk subsequently provided a copy of the record to each individual council member and the City Attorney and made the record available to the parties and public. The Council on October 23; 2007 scheduled a hearing date for the closed record appeal hearing for November 19, 2007; and WHEREAS, on November 7, 2007 the Appellant requested a continuance of the hearing date. The respondent opposed the same. The council; afler hearing argument from both parties, continued the matter until November 27, 2007; and WFCFRFAS, prior to the hearing on N'overnber 27, 2007 the appellant requested to supplement the record before the council. The respondent opposed the same. The Council determined that the appellant had failed to meet any of the criteria set forth in ordinance 05-021 and denied the request; and Resolution 07-021 Adopting Appeal Findings, Conclusions of Law and Decision Page 1 of 2 D RAF T WHEREAS, both parties timely submitted memorandum in support of their respective positions to the council, copies of which were provided to the council members; and W1"[EREAS, a quasi judicial public hearing was held on the appeal pursuant to Spokane Valley ordinance 05-021• and WHEREAS, the council deliberated at the close of the hearing. NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE,. AS FOLLOWS: Section 1.. To the extent that the submitted appeal documents contained facts outside of the record before the Hearing Examiner, the same shall not be considered; Section 2. The appellant failed to meet its burden of proof that established that one or more of the following standards are met: 1. The examiner engaged in unlawful procedure or failed to follow a prescribed process, unless error was harmless; 2. The decision is an erroneous interpretation of the law, after allowing for such deference as is due the construction ofa law by a local jurisdiction with expertise; 3. The decision is not supported by evidence that is substantial when viewed in light of the entire recorded; 4. The decision is clearly an erroneous application of the law to the facts; or 5. The decision is outside the authority of the Extuniner. Section 3. In that the above standards are not met, the decision of the Hearing Examiner is affirmed. Section 4. The Findings of Fact, Conclusions of Law and Decision of the Hearing Examiner entered in the above matter on August 30, 2007 are hereby adopted in their entirety and by this reference attached hereto and incorporated herein. Section 5. This resolution shall be effective upon adoption. Adopted this 1 Vh day of December, 2007. A` TEST: City Clerk Christine Bainbridge Mayor Diana Wilhite Approved as to form: Office of the City Attorney Resolution 07-021 Adapting Appeal Findings, Conclusions of Law and Decision Page 2 of 2 t ,q- t CITY OF SPOK.42SIlE VALLEY ElXA.'KII\NG EXA_?yIlNER RE: Rezone from the UR-3.5 Zane to the 'UR-74' ) Zone; Preliminary Plat of Ponderosa Estates ) North, in the UR-7 * Zone; and SEPA ) Appeal of Mitigated Determination of ) FLND.1NGS OF FACT, Nonsignificance (MINTS); ) CONCLUSIONS OF LAW, AlIND DECISION Applicant: Landworks Development LLC ) Appellant: Ponderosa Properties HOA ) Pile Nos. R- Z-23-04/SUB-15-04/APP-03-07 ) I. SD-INI AL4RY O I+ DECISION Rearing Matter: Consolidated applications for a rezone from the UR 3.5 zone to the 'UR-7 * zone, and for a preliminary plat in the UR-7* zone; and SEPA appeal of N4DNS issued for applications. Swranary of Decision.: Deny applications, based on inadequacy of public emergency/fire access C, f for ptoiect. Deny SERA appeal. V. FNDLYGS OF FACT t1. Background 1n.f nation 1. The subject applications seek approval of a zone reclassification from the Urban Residential-. 3.5 (OR-3.5) zone to the Urban Residential-7* (UR-7*) zone, for 14.6 acres of a-15.2-acre site; and approval of the prelinaiuaty plat of Ponderosa Estates North, to subdivide the site into 45 lots for single-faintly dwellings, and approximately 2.9 acres of common open space; in the UR-7* zone. 2. The site is situated in the North '/z of Section 32, Township 25INT, Range 44 EWM of Spokane County, Washington The site is addressed ai 3310 S. Ridgeview Drive, Spokane Valley, Washington. 3. The site is currently referenced as- County Assessor's tax parcel nos. 45321.9113 and 45322.9115. The property is legally described as Tract 3 of Short Plat No. SP-945-94, per short plat recorded in Book 11, Page 57 of Short Plats, records of Spokane County Auditor. 4. The applicant is Landworks Development LLC, c/o Bruce Howard, 721 N. Pines Road, 1 Spokane Valley, WA 99206. The site owner is Ponderosa Properties LLC, c/o Bryan Walker, 721 N. Pines Road, Spokane Valley, WA 99206 I~T,- Findings, Conclusions and Decision REZ-23-04 S'U'B-15-04 APP 03-07 Page 1 5. On November 5, 2004, the applicant submitted complete applications to rezone 14.6 acres of the site froni the UR-3.5 zone to the UR-7*-=ne, and to subdivide the 15.2-acre site into 49 lots for the development of single-family dwellings. The .6 acres of the site not included in the i rezone application are already zoned UR-7*. 6. On March 7, 2007, the applicant submitted a revised preliminary plat map; whicb reduced the number of lots to 45, and constitutes the preliminary plat map of record for the project. 7. On April 20, 2007, the City Community Development Department-Planning Division ("City Planning Division") issued a Mitigated Determination of Nonsignificauce (TYIDNS) for the rezone and preliminary plat applicatious. 8. On May 4, 2007, the Ponderosa Properties Homeo,%-vner's Association timely appealed the iNd:DNS to the Hearing Examiner. Such association is composed of the owners of eight (8) acreage parcels that abut or lie near the site on the west, north and northwest. 9. On May 24, June 4, June 15 and June 19 of 2007, the Hearing Examiner held a consolidated o 4 --public hearing on the applications apd the appeal of the.i\-fDNS. 10. On July 20, 2007, the Hearing Examiner addressed a letter to the. persons participating in the public hearing; advising that the Examiner desired to reopen the record to consider certain documents necessary for a proper adjudication of the matter, and requesting that any objections to or comments on the documents be submiftZid by July 27, 2007. The Examiner received no response to the letter. 11. The Examiner's letter dated July 20, 2007 erroneously referred to the appeal number assigned to the current NIDNI S appeal as "APP-02-07"; and erroneously stated that a drainage easem,.Dt recorded on November 3, 1994 was recorded on "November 3, 2004". 12. The Examiner conducted a site visit on May 23, 2007, and also visited the site after the public hearing. 13- The notice of hearing requirements for the applications, and the appeal of the'NIDNS, were met by the City Planning Division and the parties. 14. The following persons testified at the public hearing(s): Karen Kendall, Assistant Planner Stacy Bjordahl Spokane Valley Planning Dept Attorney at Law 11707 E. Sprague, Suite 106 1100 US Bank Building Spokane Valley, WA 99206 422 West Riverside Avenue Spokane, WA 99201-0300 HE Findings, Conclusions and Decision R.E7-23-04 SUB-1.5-04 APP 03-07 Page 2 ' Tamara Nfurock Karin Divens Attorney at Taw WDFW 7 S. Howard, Suite 220 2315 N. Discovery Place Spokane, WA 99201 Spokane Valley, WA 99216 Ron Oman Richard Bebm 4337 S. Farr 3626 S. Ridgeview Drive Spokane, VVA 99206 Spokane Valley, VITA 99206 Dorothy Trechter Margaret Mortz 3504 S. Ridgeview Drive 3420 S. Ridgeview Spokane, NVA 99206 Spokane Valley, WA 99206 Russ Shame, Captain Susan Schmidt =Spokane County Sheriff's Office 3808-S. Sundown Drive 1100 W. Mallon Spokane Valley, WA 99206 Spokane, WA 99260 Janice Cooperstein Marilyn Finley 9 E. 45' A venue 3415 S. Sundown Drive Spokane Valley, WA 99206 Spokane Valley, NVA 99206 i~ Lany Rider, Assistant Chief Walt Edelen - Spokane Valley Fire ]department 210 N. Havana 10319 E. Sprague Spokane, NVA 99202 Spokane Valley, WA 99206 John Holman Henry Allen Spokane Valley Engineering Division Spokane Valley Engineeiing.Division 11707 B. Sprague, Suite 106 11707 E. Sprague, Suite 106 Spokane Valley, WA 99206 Spokane Valley, WA 99206 Mike Magruder. Shawn Taylor 3315 S. Ponderosa Lane - 3209 S. Ponderosa Lane Spokane Valley, WA 99206 Spokane Valley, WA 99206 Steven Tolliver Eberhard Schmidt 3117 S. Bascetta Lane 3808 S. Ponderosa Lane Spokane Valley, WA 99206 Spokane Valley, WA 99206 Mike Connelly, City Attorney Buck Finley 11707 E. Sprague, Suite 106 3415 S. Sundown Drive Spokane Valley, NVA 99206 Spokane, WA 99206 . PE Findings;.Conclusions and Decision RB.Z-23-04 SUB-15-04 APP 03-0'7 Page 3 Dave Olson Chuck Hafner 8808 E. 44`3 Avenue 4710 S. Woodruff Spokane, IVA 99206 Spokane Valley, WA. 99206 Gail Stiltaer Tracey Fish 10119 E. 441" Avenue 3421 S. Ridgeview Drive Spokane Valley, WA 99206 Spokane Valley, WA 99206 Nancy Deming Gabe Ciall~er 3911 S. Woodruff Court 721 N. Pines Road Spokane Valley, WA. 99206 Spokane Valley, WA 99206 Lisa. Dickenson John Boyd 818 W. Riverside, Suite 631 4024 S. Forest Meadow :Drive Spokane, WA 99201 Spokane Valley, WA 99206 Steve McNlutty _ Larry Dawes 4106 S. Hollow Court 725 W. Chelan Spokane Valley, WA 99206 Spokane, WA 99205 David Noll Tia Lesser 3606 S. Schafer Road 3404 S. Ridgeview Drive Spokane, *WA 99206 Spokane Valley, NV"A 99206 Todd Whipple 2528 N. Sullivan Spokane Valley, WA 99216 15. The Hearing Examiner heard the proposal pursuant to Chapter 10.35 of the City of Spokane Valley Municipal Code (SVMC), the City Ffearing Examiner Rules of Procedure, and the City Local Environmental Ordinance. B. Items in Record 16. The Hearing Examiner takes notice of the City of Spokane Valley Interim Comprehensive Plan, Comprehensive Plan, Interim "Zoning Code, Phase 1 Development Regulations, Interim Subdivision Ordinance, lnterimApplication Review Procedures for Project Permits, Environmental Ordinance, Interim Critical Areas Ordinance, Critical *Areas maps, Guidelines for Stonnmvater Management, Standards for Road and Sewer Constructiou, and Municipal Code; other applicable development regulations; and prior land use decisions in the area. 17. The record includes the documents in File Nos. RBZ-23-04/SUB-15-04 and APP-03-07 at the time of the public hearing(s), the docun-ients and testi pony submitted at the public hearing, the HlS Findings, Conclusions and Decision REZ-23-04 SUB-15-04 APP 03-07 Page 4 i Examiner's letter to the parties dated July 20,,_2007, the documents referenced in the Examiner's en notice of by the Examiner. C letter dated July 20, 2007, and ifieemI '7W 18. On August 13-14, 2007, the Hearing Examiner received correspondence from Mike Thompson, Chief of Spokane County Fire District 1, and Ozzie Knezovich, Spokane County Sheriff; regarding Fire District I Resolution 2007-284, as it relates to the current project. Such items are excluded fi•om the record, for the reasons cited in the Examiner's emails to Chief Thompson and Sheriff Knezovich dated on August 14-15, 2007. C. Description of Site 19. The site is approximately 15.18 acres in size, irregular in shape and undeveloped. The topography of the site ranges from relatively flat to rolling; with a maximum slope of approximately 37%; and generally slopes from west to east.. 20. Ponderosa Lane, a private road, extends westerly through the south end of the site fi-om VSroodi-uff Road, within an existing 60-foot easement, and curves to the north through abutting property to the west.. Ponderosa Lane is paved to a width of 20 feet, and is gated west of the culverts underlying the road on the site. 21. A wetland area of approximately 12,000 square feet is located in the northwest portion of the site; and ex-tends -west of the site along a seasonal stream. The site slopes moderately upward from the wetland toward the south border of the site; which area of the property is covered by grasses, shrubs and scattered mature pine trees. 22. The site slopes more steeply upward between the wetland and the north property line, at a slope ranging from 15-40%; and with mature pine trees and exposed granite bedrock found on most of the slope. A seasonal strearri/drainage -way extends easterly into the wetland from the land lying west of the site. 23. A small ridge or manmade embankment, several feet in height, extends southeasterly from the southeast toe of the northwest slope on the site, east of the wetland; and traps waxer reaching the wetland from the south and west. 24. The northeast portion of the site is relatively flat in topography, contains a small grove of pine trees and scattered pine trees in its western portion, and generally consists of an open grass- covered field in its eastern portion. 25. A seasonal stream/drainage way extends northeasterly into the site, at its southeast coiner, passes under Ponderosa Lane through four 36-inch culverts, extends northerly through the site and adjacent land to the east, and widens out before reaching the south side of the wetland. Scattered mature pine trees, native vegetation and noxious weeds are found along the stream/drainage way leading to the wetland. JJ H:E Findings, Conclusions and Decision .REL-23-04 SUB-15-04 ATP 03-07 Page 5 'L 26. A seasonal stream/drainage way extends easterly from the wetland, through a narrow breach in the embankment, continues easterly through the north portion of the site, crosses the east border of the northeast part of the site, and flows through culverts underlying Bascetta Lane. The west part of the seasonal stream/drainage way meanders through and alongside a narrow grove of pine trees and native vegetation; while the east part extends through an open field before reaching Bascetta Lane. 27. On. April 27, 1994, Spokane County. approved a preliminary short plat to divide the site into three (3) tracts of land. The final short plat was recorded on. October 28, 1994. See decision in County :pile No. SHP-945-94, and final short plat neap. Two (2). of the short plat tracts, located directly east of the south portion of the site, respectively, are not part of the current site. D. Description of Preliminary Plat 28. The preliminary plat map of record illustrates 45 single-family lots, ranging from 6;289 square feet to 20,207 square feet in size; and five (5) con neon open spaces tracts, totaling approximately 2.89 acres in area- The average lot size in the preliminary plat is approximately 9,400 square feet. 29. The density (net) of the preliminary plat is approximately 3.36 dwelling units per acre. This is determined by dividing the number of dwelling units (45 units) by the difference between the gross area of the site (1.5.18 acres) and the sum of the areas in the preliminary plat reserved for public and private roads, exclusive of private driveways (1.8 acres). See definition of "density" in : Section 14.300.100•of the City Interim Zoning Code; as amended in the former County Zoning Code by County Resolution No. 3-0022, prior to incorporation of the City. 30. The Staff Report and the preliminary plat map incorrectly calculate the density (net) of the preliLVin.ary plat.; by erroneously subtracting the area of the preliminary plat reserved for critical areas, or common open space, respectively, from gross acreage, in determining the net acreage of the preliminary plat for the calculation of, density (net). 31. The preliminary plat map illustrates the extension of,R idgeyiew Drive to the north boundary, as a public road; an inteimal public road. (334 Court) and an internal private road (34`s Lane) extending east from the extension. of Ridgeview Drive, each terminating in cul-de-sacs; an internal private road (Woodruff Lane) extending north from Woodruff road for some distance, before terminating in a cul-de-sac; and four (4) internal private driveways, each serving 2-3 lots, that . connect to the internal public or private roads. 32. The preliminary plat map illustrates two (2) segments of a 40-foot wide drainage chancel easernent in the south end of the site; which easement was dedicated to Spokane County and recorded in 1994 when the site was short platted- 33. The southerly segment of the 40-foot wide drainage easement extends from the south border to the east border of the south end of the site; from a 30-foot wide drainage easement located of- site to the south. The northerly segment of the on-site drainage easement extends IE Findings, Conclusions and Decision REZ-23-04 SUB-15-04 APP 03-07 Page 6 r t - from the east boundary of the site, from a point lying approximately i20 feet north of the southerly segment, to a point lying near the south finger of the on-site wetland. 34. The common open space in the preliminary plat accommodates the wetland, most of the 75- foot wide buffer specified for the wetland, a portion. of the south segment of the 1994 drainage easement, the north segment of the 1994 drainage easement, a proposed drainage channel extending from the proposed extension of Ridgeview Drive northeasterly to the east boundary of the northeast part of the site, and proposed stormwater ponds/drainage facilities. 35. The preliminary plat map illustrates an encroachment of approximately 3,750 square feet to 4,000 square feet on the wetland butler, by two private driveways; based on the scale•illustrated on the map. E. Critical Areas located on Site 36. The current City Critical Areas maps were adopted at the time the City was incorporated on March 31, 2003. Such maps illustrate a DNR Type 5 seasonal stream extending easterly into the on-site wetland from adjacent land lying to the west. See Exhibit ;#25; anal colorized maps R - produced on 1-14-04. 37. Such neaps illustrate an area of "open water" at the location of the on-site wetland; and illustrate an erodible soils geo-hazard in the south, northwest portion and southeast corner of the north portion of the site. The northwest portion of the site contains slopes exceeding 30%, which feature represents a geo-hazard under the City Critical Areas Ordinance. 38. Such maps do not illustrate any priority wildlife habitat or 100-year floodplain areas on the site. 39. Washington State Department of Fish and Wildlife (WDFW) Daps, which are used by local governments to identify priority habitats and species on their critical areas maps, currently indicate the presence of Elk priority wildlife habitat in the south portion of the site. The City Comprehensive Plan shows the same habitat designation, on a map dated June 19, 2006. See Comprehensive Plan, map 8.3. 40. The City Comprehensive Plan shows the site, and the entire City area, in a "critical aquifer recharge area" of "high" susceptibility to groundwater contamination. 41. The "hydrolayer" maintained by the Washington State Department of NTatural Resources (DNIR), which maps DNR stream types on forested land throughout the state, currently illustrates a DNR Type eF" (Type 3) stream extending northerly into the site and the on-site wetland from the south; and also extending easterly from the wetland through the northeast portion of the site, and beyond to Chester Creels. HB Findkigs, Conclusions and Decision REZ-23-04 SUB-15-04 APP 03-07 ' Page 7 42. The Di\rR hydrolayer also shows a DNR Type 'Nos); (Type 5) stream extending easterly into the on-site wetland, from the land lying west of the site, and merging into the DNR Type "F' stream at the point it turns east on the site. 43. On June 8, 1994, a Nvetland delineation report was submitted for the previous short plat of the site to Spokane County; prepared by wetland specialists Michael Folsom and. Robert Quinn. The report delineated the wetland located on the site, and a portion of its extension along the stream/drainage lying west of the site, as a category M wetland; and recommended a 50-foot wide buffer for the wetland. The wetland delineation and 50-foot wetland buffer are Alustrated on the final short plat map recorded for the site in 1994. 44. On 'March 11, 2005, Larry Dawes, the applicant's wetland/wildlife biologist consultant, submitted a report for the current project which reafl irr ed the 1994 wetland delineation report prepared for the site. The report also concluded that the streams/drainage ways passing through the site do not constitute DNR stream types entitled to protection under the City bterim Critical Areas Ordinance. 45. On Januaty 8, 2006, Larry Dawes submitted a wetland buffer mitigation plan to mitigate an encroachment of appro:~imately 2,600 square feet on the 75-foot buffer required for the on-site wetland, by the roadway system illustrated on the original preliminary plat.map submitted on November 5, 2004. The mitigation plan was not updated for the preliminary plat of record submitted on March 7, 2007. R. Land Use Designations for Site. Surrounding Conditions 46. The site, and neighboring land lying to the east and south, are located in the City and designated in the County Urban Growth. Area (UGA). Such land is zoned UR-3.5 by the City Interim Zoning Code; except for the .6-acre portion of the site currently zoned UR- 7 and some land zoned UR-7* lying approximately 500 feet south of the site. 47. The land lying north and west of the site is situated in the unincorporated area of. Spokane County, located outside the UGA boundary, and zoned Rural Conservation (RC) by the County Zoning Code. 48. The County's ..RC zone imposes a minimum lot size of 20 acres and a maximum residential density (net) of one (1) dwelling unit per 20 acres; unless lots are clustered in an approved rural cluster development. In a rural cluster development, lots as small as one (1) acre are permitted, provided the overall density (net) of the development does not exceed one (1) d-vvelling unit per 10 acres in size, 70% of the development is retained in open space; and other rural cluster standards are met. 49. In 1991, the County reclassified the zoning of the site, and neighboring land located to the east and south, to the UR-3,5 zone of the County Zoning Code; except for the portion of the site, and the land to the south currently zoned UR-7*, which land was reclassified in the same zoning HE Findings; Conclusions and Decision REZ-23-04 SU13-15-04 APP 03-07 Page 8 i r ' action to the Senu-Rural Residential-5 (SRR-5) zone; all pursuant to the Program to Implement the Spokane County Zoning Code. 50. In 2002, the County adopted UGA boundaries, a new comprehensive plan, and the County Phase I Development Regulations to implement the new comprehensive plan. The County's new comprehensive plan designated the entire site, and neighboring land lying east and south of the site, in the Low Density Residential category; and designated the land lying west and north of the site in the Rural Conservation category. 51. The County Phase T Development Regulations reclassified the .6-acre portion of the site zoned SRR-5, and the above-referenced land to the south, to the UR-7* zone of the County Zoning Code; retained the UR-3.5 zoning of the site and neighboring land located to the east and south; and reclassified the zoning of the land lying west and north of the site to the Rural Conservation ('RC) zone. 52. On March 31, 2003, the City was incorporated; which included the site and the land lying east and south of the site. Upon incorpbratioa, the City adopted by reference the County Comprehensive Plan, County Zoning Code, County official zoning maps, County Phase 1 Development Regulations and other County development regulations; with certain revisions. 53. The City Interim Comprehensive Plan and City Phase I Development Regulations, respectively, retained the comprehensive plan designations and zone classifications adopted by the County Comprehensive Plan and Phase I 'Development Regulations. The site is designated in the. - i Low Density Residential category of the City Interim Comprehensive Plan. 54. On May 10, 2006, the City implemented its current Comprehensive Plan, which contained new land use categories, policies and text. See City Ordinance No. 06-010. The City Phase 1 Development Regulations were updated to specify the zones in the City Interim Zoning Code that implemented the new land use categories in the Comprehensive Plan, for rezone purposes. See City Ordinance i\7o. 06-011. 55. The Comprehensive Plan designates the site and neighboring laud in the City in the T. ow Density Residential category, with a few exceptions for land reserved for public/quasi-public uses. The City is in the process of adopting new area-wide zoning to implement the Comprehensive Plan. 56. The site and other neighboring land in the City are located in the Aquifer Sensitive Area (ASA) Overlay zone of the City interim Zoning Code. 57. The land lying south and southeast of the site is developed with residential subdivisions containing urban-sized lots 10,000 square feet or larger in. size. The land lying to the east and southeast, east of 13ascetta Lane, consists of cultivated fields mostly owned by Redeemer Lutheran Church. IHE Findings, Conclusions and Decision RBZ-23-04 SUB-15-04 APP 03-07 Page 9 i 58. The unincorporated land lying west and northeast of the site consists of single-fanvly horses on parcels five (5) acres in size or greater. The unincorporated land lying directly north of the site consists of a 10-acre parcel of undeveloped farmland 59. A Union. Pacific railroad line, located within a 1.00-foot wide railroad right of way, parallels the west side of Dishman-Mica Road in the area; lies approximately 1,000 feet east of the site; and experiences light rail usage. At-grade, signalized crossings of the railroad are located along Schafer Road and Bowdish Road, south of Disbmari-Mica Road. 66. At-grade, un-signalized crossing of the railroad are located at the west end of 28th Avenue,' approximately one-fourth (1/4) mile north of the site; and along 24`b Avenue, further to the north and west of Dishman-Mica Road. A private road extends westerly from. the railroad crossing at 28"' Avenue for some distance. See off-site basin map for revised conceptual drainage plan, :h':CW floodplain neap; County Assessor map for the S 'A of Section 29, and testimony submitted at public hearing. 61. Redeemer Lutheran Church is located southeast of the site, along the west side of Schafer Road southwest of the railroad line. 62. Ponderosa Elementary School is located approximately one-fourth (1/4) mile southeast of the site, at the northeast corner of the intersection of Cimmaron Drive and Woodruff Road Sidewalk is located along the school frontage with such roads. 63. A fire station operated by County Fie District 8 is located approximately 1.2 miles southeast of the site, at the southwest comer of the intersection of 44 h Avenue and Bates Road. County Fire District 8 generally covers the area lying south of 44 h Avenue. County Fire District 1, also referenced as the "Spokane Valley Fire Department"; generally covens the area lying north of 44'h Avenue. 64. The current City Arterial Street Plan designates Dishman-Mica Road (northwest of Schafer Road/University Road) and 32rd Avenue as Principal Arterials; Dishman-Mica Road (southeast of Schafer Road[University Road), University Road and Bowdish Road (north of'Dishman-Mica Road) as Minor Arterials; and Schafer Road, Bowdish Road (south of Dishman-Mica Road), Sands Road, Bates Road and 1-loluran Road as Collector Arterials. All other city roads in the Ponderosa area are considered Local Access streets. See Comprehensive Plan, neap 3.1. 65. The public roads in the vicinity are paved and curbed, but lack sidewalks; except for the existing sidewalk located along the east side of Woodruff Road between the site and Ponderosa Elementary School, and the sidewalks lying adjacent to the school. Bascetta Lane consists of a 16-foot wide paved private road, located within a 60-foot wide private easement. 66. The land lying west and southwest of the site, and the City boundaries, rises up to Brown's Mountain and Tower Mountain, and features mountainous terrrain. "rlae Eler Creek Conservation Area is located approximately one (1) mile southwest of the site. The Dishman :bills Natural Area FIE Findings, Conclusions and Decision. RPZ-23-04 SUB-15-04 APP 03-07 Page 10 r ly--~ is located less than one (1) mile northwest of the site, on mountainous land lying west of Dishman-Mica Road and south of Apple~vay Avenue. L 67. Chester Creek is located between the railroad and Dishman-Mica Road in the area; and is most evident south of Schafer Road. City floodplain maps designate the area along both sides of the railroad in the area, west of Dishman-Mica Road, in a 100-year floodplain. The floodplain. reaches west to Bascetta Lane, approximately 500 feet southeast of the north portion of the site. 68. City Critical Areas maps designate Chester Creek as a Type 4 stream; and show the creek terminating a few hundred feet north of Schafer Road, along the east side of the railroad line, in a possible wetland area straddling both sides of the raikoad_ The current DINR hydrolayer designates Chester Creek as a Type `T" stream along the west side of the failroiO line in the area, for considerable distances to the north and south- 69. The seasonal stream drainage way that enters the site from the southwest extends upstream, through the subdivision lying south of the site, within a 30-foot wide drainage easement; and has been- modified'fromits natural state.. See existing site plan of record submitted on 11-05-04 in current file. This includes an extension under Sunderland Road, approximately 500 feet south of the site, through four (4) 36-inch culverts. 70. The seasonal stream/drainage way continues upstream to the south, through undeveloped farmland, until it reaches the "Phillips faun''; which lies north of 44"' Avenue, southeast of the terminus of Sunderland Road and 42,'1 Avenue. The stream/drainage branches out upstream into two tributaries, one extending south across 44"' Avenue into the Bler Creek area, and one generally staying north of 44"' Avenue. 71. City Critical Areas maps designate the southerly stream/drainage as a Type 4 stream, but show no typed stream lying north of the culverts passing under Sunderland Road. The DNR hydrolayer shows the southerly stream/drainage, downstream all the way to the site; and its two upstream tributaries; as Type 'T7 streams. .72. City Critical. Areas maps show a short Type 4 stream flowing southeasterly into the southerly stream/diainage, north of the point where the stream/drainage divides near 44"' Avenue. The DNIZ hydrolayer shows such water body as a Type "NIp" stream, and as extending further uphill to the southwest. G. 1991 Firestorm 3. In October of 1991, a significant wildfire/Firestorrn event occurred in various parts of Spokane County; including a 3-mile long by 1-mile wide area located in the south Ponderosa area. This resulted in the destruction of 14 homes in the south portion of the Ponderosa area, along Ferret Drive. The fire threatened the destruction of 105 additional homes in the south end of the nderosa area and the nearby Painted Pulls area; with the fire reaching as far north as 48`h Av ue. HE Findings, Conclusions and Decision RFZ-23-04 SUB-15-04 APP 03-07 Page 11 74. The Ponderosa firestorm occurred during the day, on a weekday when many residents were still at work; and was caused by a downed power line on Brown's Mountain. The fire grew to 1,587 acres in only four (4) hours, and forced the evacuation of over 2,500 residents in the Ponderosa area to Dishman-Mica Road. Residents received word to leave their homes 1.5 hours after the fine stared, and 30 minutes later flames raced up a slope to reach the first homes that were damaged- See Exhibit #40, p. 1,232-1,233, 1,236 and 1306. H. Development ProimtE in Ponderosa area reviewed -,i er 1991 Firestorm, 75. In 1992, the Spokane Board of County Conunissioners denied a proposed rezone and prelin-unaiy plat for the south portion of the site, and abutting land to the west; due to "...unmitigated traffic impacts". This occurred despite the sponsor proposing construction of another access out of the area, to improve public access out of the Ponderosa area in times of emergency. See Exhibit #34, exhibit 6A, finding of fact #18 of Board decision in File No. PE- 1695-92/ZE-3-93. 76.' In 1993, the Board of County Commissioners denied a proposed rezone and preliminary plat (Broadmoor Estates No- 2), for the south 5.2 acres of the site zoned UR-3.5, and 1.0 acres abutting to the west zoned SRR-5; for the purpose of developing 17 lots for single-family dwellings in the UR-3.5 zone. The Board's denial was based on major concerns for public safety arising out of the 1991 firestorm event; including public egress out of the area and timely emergency response to the area. 77. The Broadmoor Estates No. 2 decision found that the circuitry of the road system in the Ponderosa area before it reached Dishman-Mica Road, via either Schafer Road or Bowdish Road, rendered public access to and fi•om the area inadequate-, the property and the Ponderosa area were prone to further wildfire emergencies; and approval of the project would only exacerbate the problems with access and emergency response. See Exhibit 934, exhibit 6A, Board decision in City File No. PE-1695-92/ZE-3-93 and preliminary plat map. 78. In 1994, the County Planning Department approved a preliminary short plat to divide the site, and certain adjacent land to the east, into three (3) tracts. The County Engineering conditions adopted by the decision noted that preNrious land use actions had identified the alignment of Ridgeview Drive as the future connection to 24Avenue, due to the 1991 firestorm, in the area, and other similar traffic concerns; and found that such connection would help alleviate such concern and proAde additional circulation to the Ponderosa area. 79. The 1994 short plat decision for the site required the sponsor to enter into a ,an-itten, recorded agreement to preserve a corridor for the extension of Ridgeview Drive, at such time as requested by the County Engineer, or is conjunction with a future land use action; but did not require the dedication of Ridgeview Drive through the short plat. See City File IsTo. SP-945-94, decision dated 4-27-94, County Engineering condition #1 S. The final short plat recorded in 1994 _ did not provide for the extension of Ridge-view Drive through the site, or divide such area of the site into lots. .,t• •'~':,:.-.:~~;:.~~:iV~r~:~~~""~3°+HE. Findings Conclusions and Decision REZ-23 -04 SUB- 15-04 APP , 03-07 a•` : pp it l 80. In 1995, Spokane Board of County Commissioners conditioned the development of 25 parcels of land located in the southeast portion of the Ponderosa area, at the south end of Ponderosa Drive (divided through the certificate of exemption process), on the extension of a paved private road fi-om Pierce Road southerly to Hallett Road; in order to provide access from such development to Dishman-Nfica Road, in the event of a wildfire. See Exhibit #35, including reference to Colmty Resolution. 'No. 95-0573A. Such access was never constructed. 81. :Between 1993 and 2000, Spokane County approved certificate of exemptions to create the 5-acre and 10-acre tracts lying west, north and northwest of the site. All such divisions relied on the extension of Ponderosa Lane through the site and the tracts lying west of the site. See appeal application, exhibit "C". 82. In 2001, the Spokane County Hearing Examiner required the preparation of a supplemental environmental impact statement (SETS) for the preliminary plat/PUD of Mica View Estates. Such project proposed to divide 54 acres of land located in the southeast portion of the Ponderosa area, approximately 1.5 miles southeast of the site, into 83 lots for single-fancily dwellings, in the UR- 3.5 zone. Such property is located between Ponderosa Drive and the elevated railroad right of way of the Union Pacific Railroad, west of Dishman-Mica Road. See Exhibit #35, at exhibit 99; and County decisions in FileNlo. PE-1746-94/PUDE-1-94. 83. The SEIS requirement for the Mica View Estates project was based-in part on County Fie District 'No. 8's opposition to such project, unless a new public access road was extended to Dishman-Mica Road. The district was concerned that the road system serving the Ponderosa area was unable to safely handle a major evacuation such as the 1991 firestorm event, including getting residents out of the area and emergency vehicles into the area; and that increased development would tivorsen the situation. 84. The SETS requirement for the Mica View Estates project was also based on the need to evaluate the feasibility of constructing and funding the extension of a public road under the adjacent railway line, to Dishman-Mica Road, in. the event the average daily traffic capacity of Bates Road was exceeded; as well as to consider the feasibility of constructing an at-grade crossing of the railroad line, for emergency/fire access, northeast of such project between Sands Road and Dishman-Mica Road 85. Cn 2002, a 12-foot wide, paved road was extended across the railroad line, at grade, near the Mica View Estates project, approximately 1.5 miles southeast of the site; from Sands Road to Dishman-Mica Road, between 47`' Avenue and 48`s Avenue. The primary purpose of the crossing was to provide access for fire/emergency vehicles. Such crossing is gated and locked at both. ends, and signed as a restricted. railroad crossing. 86. County Fire District 8 has keys to the locked gates at such railroad crossing, and is- authorized to access the road during emergency conditions and for training purposes. Such access is currently regarded by Fire District 8 as an ingress point for second response units, coming from the Valleyford fire station located several miles southeast of the site. The access can potentially be used for limited emergency evacuation of the Ponderosa area, should other access HE Findings, Conclusions and Decision REL-23-04 SUB-15-04 APP 03-07 Page 13 •t routes out of the Ponderosa area become blocked or congested. See Exhibit #4l ; p. 170; Finding of Fact #36 in decision dated 8-5-06, in County File No. PE-19,10-04; and Finding of. Fact #94 in decision dated 4-11-03, in County He No. PE-1746-94/PUDE-1-94; and Exhibit #34. 87. On April 11, 2003, the County Hearing Examiner approved the prelinunary plat/PUD of Mica View Estates, after finding that such project made appropriate provision for fire and emergency access into and out of the Ponderosa area; based primarily on the additional at-grade railroad crossing constructed near the project between Sands Road and Dishman-Mica Road. A final plat -was recorded for such project on July 28, 2005; which provided for the extension of Bates Road southwest to Gertrude Drive. 88. The Mica View Estates decision required the sponsor, prior to final plat approval, to work with Fire District 8, the County Sheriff, the County Engineer and neighboring property owners to develop an emergency evacuation plan for such project and the Ponderosa area- 89.. The Mica View Estates decision required the sponsor of such project to set aside the amount of 5500 per lot, in an escrow account, payable to Spokane County on demand. This was for the exclusive purpose of constructing a railroad crossing in the vicinity of the plat, at an undetermined location; and was directed at alleviating impacts to Bates Road in the event that the average daily traffic capacity of Bates Road was exceeded. The decision also required the plat sponsor to provide updated traffic counts along Bates Road, prior to the approval of the 57 h lot, with the possibility of off site mitigation being required depending on the results. 90. On June 28, 2005, the Hearing Examiner approved the preliminary plat of Tnverary, to divide 2.9 acres located along the east side of Schafer Road; near :Dishman-Mica Road along the east side of the railroad, into 30 "divided duple" lots (30 total units). The'property is zoned Urban Residential-12 (UR-12) zone- The project has received final plat approval, and includes the installation of sidewalk along the frontage of the development with Schafer Road. See decision in File No. ZE-46A-90/SU73-05-05. 91. On August 5, 2005, the County Hearing Examiner approved the prelirninary plat of Ponderosa Ridge; to subdivide 27.7 acres of land located approximately two-thirds (2/3) of a mile southeast of the site, at the southeast corner of the intersection of 40' Avenue aad Schafer Branch Road, i.n.to 100 lots for single-family dwellings, and 17.5 acres of common open space; in the UR-3.5 zone of the former County Zoning Code. See decision in. File No. PE-1940-04. Such decision is currently on appeal before the Washington State Court of Appeals, Division 111; after the Examiner's decision was affirmed by Spokane County Superior Court. 91 The Ponderosa Ridge decision found that fire access for the project was adequate; based largely on the fire evacuation analysis included in the traffic impact analysis (TTA), and submitted by the sponsor's traffic engineer, Todd Whipple; expert testimony provided by the sponsor's fire safety consultant, Claude Wells; and favorable review of the evacuation analysis by Spokane County. i BE Findings, Conclusions and Decision' RE?Z-23-04 SUB-15-04 APP 03-07 Page 14 93, The Ponderosa Ridge project required the plat sponsor to assist County Fire District 8 in develo ira an emergency evacuation plan for such project, if re nested b the fu e district. The P g q by decision also required that commoia areas be maintained. in a manner that resisted the ignition and spread of fire; at least 30 feet of green space to be preserved around homes to buffer them from the tbreat of fire; covenants be established to restrict parking on streets, so as not to hinder access by emergency vehicles; and covenants be established that required borne construction to be of fire resistive roofing and siding materials. 94. The Ponderosa Ridge decision deleted a condition of approval requested by County Engineering that would have required the plat sponsor to contribute a $500 per lot fee for the construction of a new railroad crossing in the viciity of the project. This was based on findings that County Engineering had no current plans for a railroad crossing, lead not established where and when the crossing would be constructed, provided no estimate of the cost or feasibility of constructing the crossing, and provided no basis for calculating the applicant's proportionate share of constructing the crossing; and based on the resulting conclusion that there was not a sufficient regulatory basis under SEPA, RCW 58.17.110, and the impact fee provisions contained in chapter 82.02 RCW to impose the requested per lot fee on the plat sponsor. 95. On August 9, 2007, the City Hearing Examiner was scheduled to hear an application for the preliminary plat/PUD of Ponderosa PUD; to subdivide 17 acres of land lying directly east of Ponderosa Ridge project, along the south side of 449' Avenue, into 81 lots for single-family d"rellings and 103 acres of common open space; at a density. (net) of 3.9 dwelling units per acre; along with a PUD Overlay zone request; in the UR-7* zone. Such project is functionally related to the Ponderosa Ridge project, and involves the same applicant. Sec File No. SUB-07-04/PUD- 04-04 96. The Hearing Examiner has served as the Spokane County Hearing Examiner since 1996; has served as the hearing examiner for the City of Spokane Valley since the City was incorporated in 2003; and issued the final decisions for the i\,fica View Estates, Ponderosa Ridge and Inverary projects in the Ponderosa area. ieiehborina I~1a1-ertV Owners and Public A gncies 1. Issues raised by N 97. The SEPA appeal filed by the Ponderosa Properties HOA contended that the project would have probable; significant adverse impacts on the association's land due to potential flooding, stormvater, drainage, and erosion impacts; and would significant adverse impacts on wildlife habitat using their land and the site, the wetland on the site, and the riparian area associated with the streams on the site. 98. The SEPA appeal alleges that the City Plaming Division did not properly apply the City Interim Critical Areas Ordinan.ee to the preliminary plat. This includes errors in the wetland and stream analysis subriiitted by the applicant's wetland specialist/wildlife biologist; conflicts vvith the habitat management plan applicable to the appellants' property lying west of the site; and alleged errors in the conceptual drainage plan submitted by the applicant's drainage engineer. PIE Findings, Conclusions and Decision REZ-23-04 SUB-15-04 APP 03-07 Page 15 99. Neighboring property owners expressed opposition to the project based on the above concerns; as well as concerns regarding housing density, lot sizes, impacts on neighborhood character, inadequate public and emergency access for the prelimmary plat and the Ponderosa area in the event of wildfire, traffic safety and capacity, pedestrian safety, school capacity; mitigation of geo-hazards on the site, the justification for rezoning the site, loss of aquifer recharge, impacts on 'water pressure, and other concerns. 100. The Washington State Department of Fish and Wildlife (WDFW), Spokane County Conservation District, the Washington State Department of Ecology (WDOE), and the County Soil Conservation Service raised concerns such as the typing of the DNR streams designated on the site, delineation of the wetland, impacts to riparian and wildlife habitat, groundwater quality impacts, loss of aquifer recharge; and potential on-site flooding and floodplain impacts. 101. The Central Valley School District requested mitigation for the project, in the form of ,sidewalks within the development, and provision for safe waiting and bus boarding for students bussed to other districts along the perimeter of the site. The district also requested that the City evaluate the adequacy of the roadways in the Ponderosa area for ingress, egress and traffic associated with Ponderosa Elementary School; with regard to the added traffic generated by the project and other new developments 'n the Ponderosa area. 102. The Spokane Tribe of Indians, and the State Office of Archaeology and Historic Preservation, requested that an archaeological survey be performed for all areas of the site proposed for development, and for all construction and staging areas; based on various factors. J. Lkpplicable Interim Comurdiensive Plan Policies 103. Policy UL.9.1 of the Interim Comprehensive Plan recommends that residential densities (net) in the Low Density Residential category range fi-om 1-6 dwelling units per acre. Policy UL.9.2 recommends that the County seek to achieve an average residential density (net) in new development of at least four (4) dwelling units per acre, through a mix of densities and housing types. Policy UL.8.1 recommends that mixed-income development be provided for in residential areas- 104.. The density (net) of the preliminary plat, at 3.36 dwellings units per acre, is significantly lower than the density (net) of six (6) dwelling units per acre permitted in the UR-7* zone; and less than the density (net) of 4.3 5 dwelling units per acre permitted in the UR-3. S zone; but is logical considering the common open space reserved on the site for critical areas and stornnvater management; and location of the site on the periphery of the •UGA. 10.5. Policy UJ.5.4 of the Interim Comprehensive Plan encourages the preservation of healthy, attractive native vegetation, where appropriate, during land development; or the use of appropriate native plant materials in site landscaping. 106. Policy UL.2.12 of the Interim Comprehensive Plan recommends that the site characteristics of residential development, including existing trees, be enhanced and preserved through sensitive HE Findings,.Conclusions and Decision R:E?L-23-04 SU73=15-04 APP 03--07 Page 16 site planning tools. Policy UL.2.15 encourages the planting of street trees in residential subdivisions. 107. Policy H.3.2 of the Interim Comprehensive Plan recommends that the City ensure that the design of infill development preserves the character of the neighborhood. 108. Policies CF.6.3 and CF.7.2 of the Interim Comprehensive Plan recommend that the City prohibit the extension of water or sewer service to new development that will degrade the level of service below minimtun level of service standards. 109. Policy LTL.7.10 of the T.ntenm Comprehensive Plan states that the phasing of land development shall be consistent with the established levels of service for the provision of public facilities and services within the UGA. Policy UL.7.12 states that new development within the UGA shall connect to public sewer. 110. - Policies UL.2.20 and T.4a.12 of the Interim Comprehensive Plan encourage..aew residential developments to be alrauged in a pattern of connecting streets and blocks, to allow people to get around easily by foot, bicycle, bus or car. S uch policies indicate that cul-de-sacs or other. closed street system may be considered appropriate where topography or other physical limitations make connecting systems impractical, and under certain other circumstances. 1.11. Policy T.3e.1 of the Interim.Comprehensive Plan recommends that the transportation network provide safe and convenient bicycle and walking access between housing, recreation, shopping, schools, community facilities and mass transit access points; and that obstructions and conflicts vv-ith pedestrian and bicycle movement be minimized. 112. Policy 'UL.2.11 of the Interim Comprehensive Plan promotes the linkage of developments with open space, parks, natural areas and street connections. Policy UL.2.14 recommends that separated sidewalks be required on public roads developed in new residential subdivisions 113. Policy T.3e.4 of the laterim Comprehensive Plan recommends that the City promote hard surface walkway system, including but not limited to, concrete, asphalt and brick, as an alternative to sidewalks that are separate from roads; if they fit in with the characteristics of the neighborhood and private maintenance is assured. 114. Policy T.4a.13 and Policy UL.2.21 of the Interim Comprehensive Plan encourage the development of local access roads that are curvilinear, narrow; or use other street*desians consistent with safety requirements, to discourage through traffic in neighborhoods; provided the design fits into the surrounding street systems and aids 1113 implementing specific land use designs. 115. Policy T.4a•4 of the Interim Comprehensive Plan recommends that private roads be allowed inside residential developments as a principal means of access; provided adequate measures are in place to assure safe travel, emergency access and permanent private maintenance. IfE Findings, Conclusions and Decision UZ-23-04 SUB-15-04 APP 03-07 Page 17 1, 16. Policy T.4a.2 of the interim Comprehensive Plan recommends that the capacity of existing roads be maximized to reduce the need for new or expanded roads; through the use of signalization, improved signage and other means. 1.17. Policy T.4a.9 of the Interim Comprehensive Plan states that adequate access to and circulation within all developments shall be maintained for emergency service and public transportation vehicles. Policy T.6.2 of the Comprehensive Plan advocates safe and effective traffic control or grade separation at railroad at-grade crossings. 118. Policy CF. 12.2 of the Interim Comprehensive Plan recommends that provision be made in residential and commercial developments for road access that is adequate for residents, fire district ingress and egress, and water supply for faire protection. 119. Policy CF. 12.3 of the Interim Comprehensive Plan recommends that defensible space be provided between structures and adjacent fuels, and that fire-rated roofing materials be used on buildings in forested areas. . 120. Policy CF. 12.6 of the Interim Comprehensive Plan recommends that comprehensive emergency management plans consistent with alt elements of the Interim. Comprehensive Plan be identified and -implemented. 121. Policy T.2.2 of the Interim Comprehensive Plan recommends that transportation improvements needed to serve new development be in place at the time new development impacts occur, or that a financial commitment, consistent with the County's Capital Facilities Plan, be made to complete the improvement within six (6) years. 122. Policy T.10.5 of the Interim Comprehensive Plan states that impact mitigation fees and user- based fees shall be considered as a source of funding for all transportation improvements required because of new development. 123. Policy T.10.6-of the laterim Comprehensive Plan states that transportation impact fees shall be based on cumulative impacts from land uses within a traffic basin, with a proportionate share allocated based on a reasonable relationship between trips generated by any proposed land use and the improvements required. 124. Policy PO.3.3 of the Interim Comprehensive Plan recommends that new development mitigate a portion of its direct impacts on the availability of parks, open space and recreation facilities; using methods such as the dedication of land, donation of labor, donation of equipment and materials, or entering into an agreement with the County to provide for payment of a fee. 125. Policy CF.9.6 of the Interim Comprehensive Plan encourages the expansion of school facility capacity at a comparable rate with' that of private residential. development and demographic trends. Policy CF.9.7 recommends that the adequacy of school facilities be considered when reviewing new residential development. ITE Findings, Conclusions and Decision REZ-23-04 SUB-15-04 t1PP 03-07 Pagd 18 r 126. Chapter 10 of the Interim Comprehensive Plan contains numerous policies protective of designated critical areas; including wetlands, critical aquifer recharge areas, fish and wildlife conservation areas, frequently flooded areas and geologically hazardous areas. Such policies are implemented through the City Critical Areas Ordinance; Floodplain Ordinance, Guidelines for Stor mwater Management, and ASA Overlay zone. 127. Policy NTE.10 of the Interirn Comprehensive Plan states that the cumulative effects of land use activties on critical areas should be considered in land use decisions. Policy NE.24.3 recommends that development proposals and their design consider the retention and maintenance of critical fish and wildlife habitat areas, and provide buffers to protect corridors and water habitats. 128. Policy NF-26.4 of the Interim Comprehensive Plan states that activities allowed within designated priority wildlife habitat and conservation areas should not compromise the quality or function of the habitat; and that compatible uses therein may include rangeland, forest production, open space and passive recreation. 129. The Interim Comprehensive Plan contains numerous policies protective of areas with a critical recharging effect on aquifers used for potable water in the county, to prevent impacts from contaminants. Policy NE. 17.4 recommmends that changes in land use be evaluated for both positive and negative impacts on groundwater quality, especially in moderate and bighly susceptible critical aquifer recharge areas. 130. Policy NI R 17.5 of the Interim Comprehensive Plan recommends that development having a significant negative impact on the water quality of an aquifer provide measurable and attainable mitigation for the impact. Policy TjE.21.2 recommends that additional studies be conducted, where appropriate, to better define the extent of contamination, physical extent, water capacity, background water quality and the rate of flow of water in county aquifers. 131. Policy N13.32.2 of the Interim Comprehensive Plan, recommends tbat residential development in geo-hazard areas minimize the disruption of existing topography and vegetation; and incorporate opportunities for phase clearing and grading. Policy NE.32.3 recommends that construction in such areas minimize the risk to the natural environment or structures, a-ad not increase the risk to the site or adjacent properties that may be potentially affected. 132. Policy N.32.5 of the Interim Comprehensive Plan recommends that site alteration, grading and filling in geo-hazard areas be the minimum necessary to accomplish approved designs and plans. Policy N1.32.8 recommends that development not be allowed in such areas without appropriate mitigation. 133. Policy \rE.32.7 5 of the Interim Comprehensive Plan states that construction and development in geo-hazard areas should have negligible effects on the quality and quantify of affected surface and groundwater; and that mitigation measures acceptable to the appropriate regulatory agency should be provided. RE Findings, Conchrsions'and Decision REZ-23-04 SUB-15-04 A.PP 03-07 Page 19 134. Policy NE32.10 of the lnterizn Comprehensive Plan recommends that land use regulations consider density transfers; bonus density, nature belt preservation and other innovative techniques to retain geo-hazard areas whenever possible; and to facilitate implementation of the goals and policies for such areas. Policy NB. 1.4.8 contains similar reco= endations for wetlands. 135. Policy NE. 14.2 of the Interim Comprehensive Plain recommends that land use decisions and activities be consistent with existing wetland regulations. Policy N'E.15.11 recommends that new development and land use activities that would significantly impact native or other appropriate vegetation, cause substantial erosion or sedimentation, or adversely impact aquatic life or the biophysical capabilities within a wetland habitat be avoided- 1.36. Policy NE. 15.8 of the Interim. Comprehensive Plan recommends that the existing surface water quality and quantity of wetlands be protected, where new development would impact a wetland or wetland buffer. Policy NE. 15.6 recommends protection of the water quality and quantity within wetlands, by preventing overuse of surface and groundwater beyond recharge capabilities. 137. Policies NE.15.4 and NE.15.10 of the Interim Comprehensive Plan recommend that new development and land use activities design roads, trails and other circulation systems and facilities to protect wetlands from erosion; and reduce the amount of soil, silt and pollutants entering wetland areas. 138. Policy NR 15.5 of the Interim.Comprehensive Plan recommends that native and/or appropriate vegetation be restored and enhanced in wetlands and their buffer areas. Policy NE. 15.12 recommends the protection of wetlands that provide critical habitat for priority wildlife species. Policy N•1.14.5 recommends that the greatest wetland protection be provided to wetlands of the greatest functions and values. 139. The Open Space Corridors map contained in Chapter 9 of the Interim Comprehensive Plan designates lands useful. for recreation, wildlife habitat, trails and connection of critical areas. Such map illustrates are expansive open space corridor in the mountainous area lying west, northwest, and southwest of the site (i.e. Dishman Hills, Brown's Mountain and Tower Mountain area). The map also illustrates a narrow open space corridor extending east and southeast from such expansive corridor area through the north half of the site to Chester Creek, and continuing to the east and southeast along Chester Creek. The map further illustrates a narrow open space corridor extending a short distance to the north and a longer distance to the northeast. 140. Policy P0.5.8 of the Interim Comprehensive Plan recommends that open space areas and corridors be identified and designated throughout the City. PO.5.18 recommends that open space designations be implemented througli zoning and other development regulations. Policy PO.6.2 recommends that development proposals be reviewed to evaluate opportunities for multiple use of proposed open space. Policy PO.5.19 promotes the inclusion of functional open space within residential. RUD developments. HE Findings, Conclusions and Decision R.EZ-23-04 SUE-15-04 APP 03-07 .Page 20 141. Policy NE.22.2 of the Interim Comprehensive Plan states that special studies and/or conditions of approval for development proposals may be required, if necessary, to mitigate storm water runoff and other pollution sources, in the Chester Creek drainage area and other problem drainage areas. 142. The Interim Comprehensive Plan, at pages CR-1 and CR-2, defines "cultural resources" as those buildings, structures, sites or associations that are left behind by a group of people and are generally over 50 years old. This includes historic structures and landscapes engineered and built by man; properties held in spiritual or ceremonial honor by a cultural group or tribe; properties that retain a historical association with an event or period, even though they no longer show evidence of man-made structures; and archaeological sites, battlefields, rock carvings, pictographs, trails, village sites, fishing sites, trading sites; and religious and ceremonial sites. 143. Policy CR.1.1 of the Interim Comprehensive Plan reconunends that cultural resources, such as archaeological and historic sites, be identified and evaluated to determine which should be preserved. Policy CR.1.5 recommends that the review of land use actions be sensitive and give consideration to the protection of cultural resources. K. Relevant Zoning Standards 144. The City Phase I Development Regulations, prior to being amended in May of 2006, requii-ed all zone reclass&cations to be consistent with the implementing zones specified in such regulations for the land use designation that applies to the subject property under the Interim Comprehensive Plan. The implementing zones for the Low Density Residential category of the City Interim Comprehensive .Plan, in which the site is designated, are the UR-3.5 and UR 7* zones. 145. The UR-3.5 zone, which zone applies to 96% of the site, is intended to promote areas of primarily single-family residences in an urbanized neighborhood setting. Such zone penuits single-family homes, duplexes, and various other uses; and provides for a maximum residential density (net) of 4.35 dwelling units per acre, a rninimam lot size of 10;000 square feet for a single- family dwelling, and a minimum lot frontage of 80 feet. 146. The UR-7 zone, the zone that would apply to the entire site if the current rezone application is approved; is intended to add to the variety of housing types and densities in urban areas, and to provide standards for the orderly development of residential property in a manner that provides a desirable living environment that is compatible with surrounding land uses and assures the protection of,property values. The UR-7 zone permits the same uses as the UR-3.5 zone, as well as multi-family dwellings and certain other more intensive uses. 147. The City Phase I Development Regulations limit new residential development in the Low Density Residential category of the Interim Comprehensive Plan, on land rezoned to the UI1,-7 under such regulations, to a density (net) of six (6) dwelling units per acre. Such zoning is referred to as the `!UR-7*" zone. The Ti-R-7 zone otherwise_ permits a density of seven (7) ~l dwelling units per acre. HE Findings, Conclusions and Decision ILF7-23-04 SUB-15-04 A?P 03-07 Page 21 148. The minimum lot area and rninuntim lot frontage for a single-family dwelling in the UR-7 zone are, respectively, 6,000 square feet and 65 feet. The maximum building height in both the UR-7 zone and the LFR-3.5 zone is 35 feetl2.5 stories. ' 149. The UR-7 zone requires the installation of a 6-foot high sight-obscuring fence, wall or solid landscaping along the border of any UR-7 zone that abuts land zoned "...RR-10, SRR-5; SRR-2, SR-112, LFR-3.5 or RS except adjacent to public rights of way, and except in the front }card where the fence cannot exceed a height of three (3) feet. 150.. The RR-10, SRR-5, SRR-2, SR-112 and RS zones are found in the former County Zoning Code, but are not found in the City Interim Zoning Code or the current County Zoning Code. See Section 14.618.365 of City Interim Zoning Code. The City Planning Division conditions recommended for the proposal require the installation of 6-foot high screening along the north, south, east and west property lines; except where abutting a roadway. 151. The applicant indicated at the public hearing that the purpose of the proposed rezone was to talcs advantage of the smaller lot sizes and reduced lot frontages permitted in the UR-7 zone, compared to the'UR-3.5 zone; and not to increase density or reduce lot sizes. See testimony of. Stacy Bjordahl. L. Transportation Concilueney and Road Impacts 152. The City has adopted the 2001 County Standards for Road and Sewer Construction by - reference; with the reference to "County" in such standards replaced with "City". Such standards are referenced below as the "City Road Standards". 153. Section 1.03(1-8) of the City Road Standards sets forth guidelines that a project sponsor's traffic engineer is required to consider in. planning transportation systems for a proposed development. The guidelines in Section 1.03(1-7) recommend the provision of adequate vehicular and pedestrian access to all parcels of land, min. _iziag tlu-otigh traffic movements and excessive speeds on local access streets, logical street patterns, muaimizing vehicular and pedestrian-vehicle conflict points, considering traffic generators in designing a street system in a proposed development, prohibiting new residential lots born directly accessing Urban Principal and Urban Minor Arterials, and consideration of bordering arterial routes. 154_ Section 1.03(8) of the City Road Stand.ads requires that a proposed subdivision provide an additional access road into the development to serve f re district vehicles, if the development has the cumulative eFiect of creating a total number of lots, parcels or tracts sei-ved by an. access road equal to or greater than 50 lots, in a "setting" where the housing density ranges from 2.0 to 11 dwelling units per acre; equal to or greater than 30 lots, in a "setting" where the housing density ranges from .25 to 1.99 dwelling units per acre; or equal to or greater than 20 lots, in a "setting" where the housing density ranges fxom 0.0 to.25 dwelling units per acre. The location of the additional access road must have the concurrence of the fire district. HE Findings, Conclusions and Decision REZ-23-04 SUB-15-04.APP 03-07 Page 22 155. Section 1.03(g) of the City Road Standards also provides that an additional access road may be required into the development to serve fire district vehicles, if the local fire district concludes that the location and layout of the development causes a concern for safety, regardless of the other criteria in the section. See 2001 County Road Standards, Section 1.03(8). 156. Section 3.03 of the City Road Standards vests City Engineering with broad discretion in selecting the roadway section to be applied in constructing new city roads and improving existing city roads, based on numerous factors. This includes consideration of such factors as the functional classification of the road, density and zoning in the urea, terrain, cost relationship of road improvements, traffic volume, terrain, density of existing development, proposed or existing zoning, existing roads in the immediate area and surrounding developments; and other public health, safety and welfare considerations. 157. Section 1.08 of the City Road Standards authorizes City Engineering to approve deviations from such standards for a proposed development; subject to receiving written evidence from the developer that the proposed deviation does not conflict with a condition of approval, is based on sound engineering principles and meets requirements for safety, function, appearance and maintainability. City Engineering may apply conditions to the approval of design deviations. 158. The City has adopted Level of Service "D" (LOS D) as the minimum acceptable level of service for signalized road intersections, and Level of Service "E" (LOS E) as the minimum acceptable level of service for un-signalized intersections; for transportation concurrency purposes tinder the City Phase I Development Regulations. 159. The City Road Standards require the construction of curb and sidewalk along the public road frontage of new developments located within urban land use zones. Where sidewalks are required, they must be separated from the curb, and adjacent planting strip or drainage swale; unless a design deviation is approved by City Engineering based on local conditions. 160. The City Engineering conditions of approval recommended for the project require the applicant to improve Ridgeview Drive and 33`a Court in the preliminary plat to public road standards; by installing 30 feet of asphalt pavement; and by installing curb, gutter, separated. sidewalk and a roadside drainage Swale on both sides of the pavement. 161. City Engineering conditions of approval require the private roads in the project to be designed in accordance with the City Road Standards. Such standards require the installation of pavement and curbs, but not sidewalks, for private roads. The City Road standards also require the reservation of a minimum 10-foot wide maintenance and utility easement on both sides of the private road; unless a design deviation is approved. The record does not disclose whether the applicant plans to install sidewalk along the private roads in the preliminary plat. 162. The City Engineering conditions of approval require the private driveways in the project to be designed in accordance with the City Road Standards; which standards authorize up to three (3) lobs to be served by a private driveway. The applicant plans to pave the driveways. HE Findings, Conclusions and Decision '.KE -23-04 SUB-15-04 A:PP 03-07 Page 23 u ' 163. The applicant submitted a traffic impact analysis (TIA) for the current project prepared by Todd Whipple, a qualified professional traffic engineer, on March 4, 2005. The TIA was fused on the 49 dwelling units proposed in the original preliminary plat map submitted in November of 2004. The TIA does not include a fire evacuation analysis. 164. The TIA stated that it included sight distance evaluations for the intersections of Schafer Road and Sundown Drive, Sundown Drive and Ridgeview Drive, and Cimmaron Drive and Ridgeview Drive. However, the TIA did not include such evaluations; other than to observe that the intersection of Schafer Road and Sundown Drive had some sight distance issues on its west g. See TLA, pages 7 and 9. leg 165. The TIA concluded that the project would have no traffic impacts to the City's public transportation system that would require mitigation by the applicant. 166. Pursuant to a letter dated April 8, 2005, City Engineering advised Todd Whipple that the TIA met all City requirements; except for certain sight distance evaluations ideinti.fied during the traffic scoping process, that the City had asked the applicant to perform. 167. On May 23, 2005, City Engineering certified in writing that transportation concurrency existed for the proposal. 168. Todd Whipple, in a letter dated July 22, 2005, advised the City Planning Division. that he had completed traffic work for the project and supplied City Engineering with final traffic idbrmation. The additional submittal by lArhipple may have included sight distance evaluations; but if so, the information was not made part of the City Planning Division file for the project, or the record. 169. The TIA focused on the peak hour traffic impacts of the project on the level of service (LOS) at four- (4) area intersections scoped by City Engineering; i.e. the signalized intersection of Dishmm-Mica Road and University Road/Schafcr Road; and the un-signalized intersections of Schafer Road and Sundown Drive, Schafer Road and Cimrn on Drive, and Woodruff Road and Cimmaron Drive. 170. The TI.A considered the cumulative impacts of the project and other traffic in the area at the time of project build-out in 2010.• This included existing traffic; traffic from projects in the Ponderosa area submitted prior. to the current project, i.e. the Ponderosa Ridge, Ponderosa PUD and Mica View Estates projects; and a 1% increase in ambient traffic growth, intended to capture future traffic from all other sources. 171. The TIA establishes that the study intersections will comfortably remain at an acceptable level of service during the AM. and PM pear hours, for normal traffic flows, at the time of project build-out in 2010; including cozisideration of cumulative traffc impacts. This included LOS A at -the intersection of Woodruff Road and Cinunaron Drive, and LOS C or better at the other study intersections. HE Findings, Conclusions and Decision R.EZ-23-04 SUB-15-04 APP 03-07 Page 24 1 172. The TIA did not consider the traffic generated by the 30 duplex units being developed in the 1,nverary final plat (File No. ZE-46A-90/SUB-05-05), located along Schafer Road near its intersection with Dishman-Mica. Road; because the application for such project was submitted after the current application, and was required to consider the traffic from the current project and the background projects considered in the current TJA. 173. The T1A submitted for the lnverary project considered the cumulative traffic impacts that. would be generated by such project, the current project, and the background projects considered in the current TIA; and concluded that the level of service at the signalized intersection of Dishrnan-Nfica Road and Schafer/University Roads would not be degraded below LOS C, an acceptable level of service, at the time of anticipated project build-out in 2010. See Hearing Examiner decision in File No. ZE-46A-90/SUB-05-05. 1.74. Neighboring property owners raised various concerns regarding steep grades and poor. sight distance along Ridgeview Drive, Sundown Drive, other nearby streets, Cimmaron Drive near Ponderosa Elementary School, and Schafer Road at various road intersections lying southeast of the site. 175. Janice Coopersteiu, an area resident and project opponent, submitted a copy of a June 6, 2005 report from Robert Bernstein., a qualified professional traffic engineer from the Seattle area; which report had been submitted by neighboring property owners during the proceedings on the Ponderosa Ridge project, in County File No. PE-1940-04. Cooperstein also submitted a transcript of Bernstein's testimony from the Ponderosa Ridge proceedings. See Exhibit #40, p. 733-742; and Exhibit #41, p. 262-293. 176. Robert Bernstein concluded, in .such report and testimony, that the road network in the Ponderosa area was not designed or intended to safely accommodate traffic flows generated by dense suburban developments; based on the roadway system not meeting current standards for street width, sui-face, drainage, grade and sight distance; the lack of safe pedestrian paths and sidewalks; inadequate arterial access; and insufficient street connectivity. The report found sight distance to be inadequate for general. traffic and school busses at the intersection of Cimmaron and Schafer, and that the intersection would be made more unsafe by the increased traffic from the Ponderosa Ridge and Ponderosa PUD projects. 177. Todd Whipple responded in detail to Bernstein's contentions in a letter to the County (fearing Examiner dated June 8, 2005, in File No. PE-1940-04 (Ponderosa Ridge). See Exhibit #40, p- 1564-1569. This included Bernstein not citing any accident data to show that the road network Nvas unsafe; and Whipple relying oil accident data to conclude that the road network was safe in its current condition, and with increased traffic from development. 178. Todd Whipple, in a letter submitted on December 17, 2004 for the Ponderosa Ridge project, indicated that the roads in the Ponderosa area, including City streets, were constructed years ago under different versions of the County road standards- The letter found that all the roads in the area had 12-foot travel lanes; many of the roads had shoulders or were wider than current standards required; all the roads in the area met grade requirements, or permitted deviations for H:E Findings, Conclusions and Decision REZ-23-04 SUB-15-04 APP 03-07 Page 25 grade, at the time they were constructed; and the roads had ample capacity to accommodate the increased traffic for development. See Exhibit #40, p. 363-373. 179. The TLA for the current project listed accident data for the four (4) study intersections, for a 2.5-year period' of time between 2002 and June of 2004; indicated that no fatalities had occurred at the study intersections during this tune period. The TIA. found no accident history duriz,.g this time period for the tin-sl' alined .intersections of SchaferlSundawn and CiinmaronAVoodruff. The T1A recited accident figures for the signalized intersections of Dishman-Nfiea and SchaferlUniversity, and Cimmaron and Schafer, during such time period, but drew no conclusions fi om such data. zcs,c~_ There is no competent traffic engineering evidence in. the record establishing that the ent rate at area road intersections exceeds current standards; the project will result in current standards being exceeded; or.there is a need for the applicant to M* itigate sight distance, grades or safety concerns at such intersections to accommodate normal traffic generation. A81. The project, as conditioned, ineets the transportation concurrency requirements of the City Phase I Development Regulations. M. Adequacy of Provisions for EmerLYmcv/Fire Access and Safety (1) Condido-as of approval rerominended by CourntyFire District 1 staff 182. Spokane County Fire District 1 staff submitted various versions of conditions of approval for the project, between December 2, 2004 and May 14, 2007; as the design of the preliminary plat was revised over time. 183. The Staff Report submitted by the City Planning Division incorporates some of the conditions recommended by Fire District 1 staff on March 16, 2007, as conditions of approval for the project. This includes the installation of two (2) new fire hydrants inside the project, the posting of "fire apparatus access roads 20-26 feet wide and turnarounds" as "Fire Lane-\ro Parking" lanes, and the submittal of a detailed water plan showing hydrant location and size prior to final plat approval. Since the two (2) private roads in the project each have a width of 28 feet, the fire lane posting would not be required for such roads. 184. The Staff Report also incorporates the conditions recommended by Fire District staff on May 14, 2007, as conditions of approval for the project.. Such conditions advise that 31 lots in the preliminary plat rely on Ridgeview Drive as the only means of egress; and recommend that either the number of-lots accessing Ridgeview Drive be reduced to 30 lots, a second means of egress be provided (out of the preliminary plat), or that the homes developed on the 31 lots be protected by an approved sprinkler system 185. The conditional second access requirement recommended by Fire District I staff, for the 31 lots in the preliminary plat served by Ridgev7ew Drive, is based on Appendix D of the 2003 International Fire Code (IFC); which was adopted by the City under SVMC #10.15.010. See reference to "Appendix D IFC 2003" in letter dated 8-1-06 from Fire District 1 to City of IiE Findings, Conclusions and Decision R.EZ-23-04 SUB-15-04 APP 03-07 Page 26 Spokane Valley, item 1; and City Ordinance'No. 04-010, which took effect on 7-01-04. Copies of City Ordinance No. 04-010, and Appendix D of the 2003 IF. C, have been placed in the record. 186. Section D107 of Appendix D states that developments with more than 30 single-family dwellings shall be provided with separate and approved fire apparatus access roads, and shall meet the requirements of Section D104.3." 187. Section D104.3 of Appendix D states that where two (2) access roads are required, they shall be placed a distance apart not less than one-half (112) the length of the "...maxirmirn overall diagonal dimension of the property or area to be served, measured in a straight line between accesses." 188. Section D107.1 of Appendix D states that where there are 30 or fewer dwelling units on a single public or private access way, and all dwelling units are protected by approved residential sprinkler systems, "...access from two directions shall not be required." 189. The applicant indicated that it would reduce the number of lots in the preliminary plat accessing Ridgeview Drive to 30 lots, to comply with the Fire District 1 conditions. See testimony of Stacy Bjordahl. 190. Section D107 of Appendix Din the 2003 LFC appears to have the same focus as the second access road requirements for subdivisions set forth in Section 1.03 (8) of the City Road Standards (referenced above), i.e. to provide adequate access into a proposed subdivision for fire vehicles. J - 191. Application of the table in Section 1.03(8) of the City Road Standards depends on the "setting" of the subdivision, in terms of density. It is unclear whether this concerns just the density of the subdivision, or is also intended to consider the density of neighboring development. 192. The housing density of the project, and the urban residential subdivisions located to the south, and east of the south portion of the site, exceeds 1.99 dwelling units per acre. Such density, if applicable, would not require a second access road for the 31 lots accessing Ridgeview Drive in the preliminary plat. 1. 193. The housing density of neighboring land located to the west and north, and east of the north portion of the site, generally ranges from .1 to .2 dwelling units per acre. Such density, if applicable, would require a second access for the 31 lots accessing the extension o f R.idgeview Drive in the preliminary plat. 194. Section 1.03(8) also requires a secondary access road into a proposed subdivision, for fire vehicles, where the fire district determines there is a safety concern, based on the location and layout of the development; regardless of the table. 195. Neighboring property owners contended that Section 1.03(8) of the City Road Standards 1 applies to the cumulative number of lots accessing the road(s) located outside a proposed .H7, Findings, Conclusi©ns and Decision REZ-23-04 SUB-15-04 APP 03-07 Page 27 subdivision, added to the number of lots in the proposed subdivision generating traffic along such road(s). See Exhibit #48, submitted by Janice Cooperstein 196. Neighboring property owners contended that the project has only one (i) effective access route out of the area, i.e. Ridgeview Drive, to Sundown Drive to Schafer .Road; traffic along any other egress route (e.g. traveling south on Ridge-view to Cimmaron) is circuitous, and initially leads away from Schafer Road before ultimately discharging to Schafer Road; and since well over 100 homes in the vicinity use Sundovm Drive to access Schafer Road, Section 1.03(8) justifies or requires a third (3`d) public access route out of the area to Dishi-nan.-Mica Road. 197: Section 1.03(8) of the City Road Standards appears intended to apply to the number of lots that access a road within a proposed subdivision; and becomes aznbiguous or impossible to apply once an access road leaves a development, and begins connecting to other access roads that also lead away from the development for a significant distance. For example, Ridge view Drive connects with Sundown Drive 120 feet south of the site; and connects to 'Woodruff Road, via 36ffi Avenue, within 280 feet of the site. 198. Section 1.03(8) of the City Road Standards, and Section D1.07 in Appendix D of the IFC, appear intended to ensure adequate access roads for fire/emergency vehicles into a proposed housing development; based on such factors as the number of lots proposed, the geographic size of the development, and the design of the lots and road system in the subdivision. 199. Section 1.03(8) of the City Road Standards, and Section D107 in Appendix D of the LF'C, are not intended to address area-wide fire./ernergency access issues that may also affect the residents in the development. (2) Preparation of fire evacuation analysis for Ponderosa Ridge/Ponderosa PUD projects 200. In July of 2004, Spokane County Fire District 8 staff submitted conditions of approval for the Ponderosa Ridge/Ponderosa PUD projects, located in the southwest portion of the Ponderosa area. Such conditions required that access roads comply with the County Road Standards, common. areas be kept in a manner to resist the ignition and spread of fire, and a minimucit of 30 feet of green space be left to butler homes from the threat of fire. 201. County Fire District 8 also conditioned the approval of such projects on the completion of an evacuation study "...to be conducted by Fire District 8 and other applicable agencies". Fire District 8 recommended that the tragic study for such projects cover the need for an evacuation and the capability of the road system existing the Ponderosa area to handle 5,000 to 6,000 vehicles, in a set period of time; covenants be established to restrict parking on streets so as not to hinder emergency vehicles, and home construction be of fire resistive roofing and siding materials. See Exhibit #40, p. 1,311. 202. To facilitate preparation. of the evacuation plan, Lieutenant Tim :Archer of Fire District 8 prepared a "Ponderosa Neighborhood Emergency Overvietiv", dated July of 2004; and a draft HE Findings,. Conclusions and Decision REZ-23-04 SUB-15-04 API' 03-07 Page' 28 'Ponderosa Evacuation Plan', dated August of 2004. See Exhibit #40, p. 1,296-1,314; and ' Exhibit #41, p. 497, lines 10-12. 203. Todd Whipple, a professional traffic engineer retained by the sponsor of the two projects, prepared a fire evacuation analysis for the Ponderosa area; with the assistance of Lieutenant Archer. 204. Todd Whipple considered the documents prepared by Lieutenant Archer; two additional documents provided by Archer, i.e. the Fire Storm '91 Case Study and the 2000 Urban Wildland Interface Code; and other reference documents. See Exhibit #40, p. 1,217-1,24'7. Whipple also conducted. discussions with Lieutenant Archer and others to refine the analysis. Whipple did not consult with County Fire District 1, or local law enforcement. See Exhibit #41, p. 168-05. 205. Lieutenant Archer reviewed and commented on the lire evacuation analysis drafted by Todd Whipple, and favorably received the final draft of the analysis. See Exhibit it #40, p. 179-180. 206. County Engineering submitted a letter regarding the tvo projects ou .December 15, 2004; indicating it had reviewed the fire evacuation analysis, found that the assumptions for the evaluation were conservative in nature and acceptable levels of service would be maintained, and accepting the results and recommendations for the evaluation.. This was generally corroborated by testimony from County Engineering at the hearing held ou the Ponderosa Ridge project. See E)Nbit #40, p. 898; and Exhibit #41, p. 155-165. 207. On December 7, 2004, City Engineering requested that Todd Whipple obtain written approval of the fire evacuation analysis from. Cal Walker, City Police Chief, and from Bill Walkup, Chief of Fire Distract 8. This ivas based on a recommendation received from TRANISPO, a traffic engineering consultant retained by the City to review the TIA. See Exhibit 1#40, p. 374-377 and 2245. 208. On January 27, 2005, City Engineering advised Todd Whipple, by telephone that it was negating its requirenient for approval of the fire evacuation analysis by the City police chief and . the chief of Fire District 8; subject to the fire evacuation analysis being removed from the version of the TIA submitted for the Ponderosa PUD project. See Exhibit #48, letter dated-2-3-05 from Todd Whipple to John Hohman.. 209. On Janu.a:ry 28, 2005, Whipple finalized the TIA for the two projects, and incorporated the. fie evacuation analysis into the T:CA. See portion of TIA in E.,diibi:t 940, p. 417-461. The TIA is entitled `'Ponderosa PlJD", but to avoid confusion is referenced hereafter as the "Ponderosa Ridge TIA". 210. On April 8, 2005, Chief Walkup of County Fire District 8 sent a letter to Cbuck H:afner, an area resident, responding to concerns raised by Hafner regarding the fire evacuation analysis. Chief Walkup advised that the district did not have adopted written evacuation plans for specific neigliborhobds, the fesponsibdity-for evacuation rests primarily with law enforcement agencies, Lieutenant Archer and other fire district personnel were not qualified to participate in an HE Findings, Conclusions and Decision RE.7--23-04 SUB-1.5-04 APP 03-07 Page 29 evacuation analysis; and Whipple should have been directed to work with Law enforcement agencies in developing an evacuation analysis for the Ponderosa. The letter also advised that Fire District 9 and Fire District 1 had learned several lessons from the 1991 firestorm- and did not envision evacuating the entire area in the event of another firestorm event, but rather having citizens shelter in place or move to an area of refuge in the event of wildfire. See Exhibit #40, p. 2,221-2;223. The letter was placed in the file for the current project, by Todd Whipple, on July 27, 2005. 2 On April 20, 2005, the Board of Fire Commissioners for Spokane County Fire District 1 submitted a letter to City Engineering, noting that there were several large proposed developments in. the Ponderosa area, the area still has a significant risk of another major wildfire, the existing two (2) roads into the area may be inadequate for the ingress of fire equipment and the egress of citizens in the event of a major wildfire, and widening the access roads or adding a third (3d) access might reduce the risk.. The letter requested that the various proposals in the area be reviewed as a whole, and take into account the total impact the developments would have on the ingress and egress roads to the area. The letter was placed in the file for the current project on April 28, 2005. 212. On April 22, 2005, the Board of Fire Commissioners for County Fire District 8 submitted written comments to the City Planning Division and the County Planning Department; whicb recomine.aded that a comprehensive look be taken at the cumulative impacts from development in all areas of the district, with respect to ingress and egress during emergency situations. See Exhibit #40, p. 1739. The letter was placed in the file for the current project on May 23, 2005. 213. On May 20, 2005, County Fire District 1 staff submitted conditions of approval to Spokane County for the two projects; which did not comment on the fire evacuation analysis or fire access issues affecting the greater Ponderosa area- See Exhibit #40, p. 44, Finding of Fact #146. 214. During the June 8-9, 2005 public hearing held on the Ponderosa Ridge project, 'Marina Sukup, D ,rector of the City Community Development Department, objected to inclusion of the fire evacuation analysis in the TDV Sukup testified that County Fire Districts 1 and 8 had not accepted the evacuation study; wildfire evacuation in the Ponderosa area needed to be considered as part of a natural hazard mitigation plan, that the City and Spokane County were required by federal law to formulate, with the assistance of the local faire districts and water district; such mitigation plan had not yet been formulated; and the evacuation study was deficient in several respects. See Exhibit #41, p. 71-76; 90-97, 112 and 533-548. 215. On August 5, 2005, the County Hearing Examiner approved the Ponderosa Ridge project, as discussed above. (3) Fire access concerns for current project 216. The conditions of approval submitted by County Fire District 1 staff for the current project, between December 2, 2004 and 'May 14, 2007, did not comment on fire access issues affecting the Ponderosa area as a whole. 1-lE Findings, Conclusions anal Decision REZ-23-04 SUB-15-04 APP 03-07 Page 30 217, The City Planning Division did not require a wildfire risk assessment or fire evacuation analysis during its review of the current project, or its environmental impacts. This-is despite the concerns raised by the Fire District I Board of Fire Commissioners on April 20, 2005, and by the Fire District 8 Board of Fire Commissioners on April 22, 2005, regarding the cumulative effects of developments in the Ponderosa area on fire/emergency access in the Ponderosa area. 218. The application, environmental checklist, and A4DNS issued for the current project were provided to County Fire District l; but were not circulated to the City Police Chief, the County Sheriff's Office or County Fire District 8. The Examiner takes notice that the City Police Chief is appointed by the City Manager, but is a member of the County Sheriffs Office along with other City police officers. 219. Spokane County is currently in the process of preparing a natural disaster mitigation plan-, with the assistance of the fire districts, law enforcement agencies and other emergency response agencies in the county. The Ponderosa area was selected as the first area to be studied for emergency evacuation, by the agencies involved in formulating the plan. See testimony of Richard Behm 220. Russ Shane, a captain for the Spokane County Sheriffs Office, testified at the May 24, 2007 public hearing session held on the current project that the Sheriffs Office was in the process of preparing an evacuation plan for the Ponderosa area, at the request of area residents, to deal with a natural disaster such as the 1991 firestorm; but could not provide a date when the evacuation _ J plan would be completed. 221. Captain, Shane was present during the 1991 firestorm that affected the Ponderosa area, and confirmed that Schafer Road was closed to public ingress at Dishman-Mica Road at various times during the 1991 firestorm, to allow fire/emergency vehicles into the area and public egress from the area- 222. Larry Rider, Assistant Chief of County Fire District 1, testified at the May 24, 2007 public hearing session held on the current project that the district was very concerned about the cumulative impacts of residential construction in the Ponderosa area on wildfire safety, without provision for a third (3") public access in and out of the area; particularly as projects are built farther and farther from Schafer Road, like the current project. Rider advised that any evacuation of the area for a firestorm event would likely overrun Schafer Road. 223, Assistant Chief Rider expressed concern regarding the dead-end character of the internal roads in the project; notwithstanding the conditions of approval for the project recommended by County Fire District 1 staff, which Rider indicated he had not been aware of before the hearing. 224. Assistant Chief Rider also expressed concern about when the Yd public access road for the Ponderosa area would be installed; and what provisions were being made by the current project, and other recent developments approved or proposed in the Ponderosa area, to ensure construction of a 3rd access. Rider emphasized that if dead end roads at the urban wildfire HF Findings, Conclusions and Decision RBZ-23-04 SUB-15-04 APP 03-07 Page 31 interface, such as the current project, continued in the Ponderosa area without the provision of a 3rd access route "...there is going to be a catastrophe, sooner or later." i 225. On June 4, 2007, the Board of Fire Commissioners for County Fire District.1 formally adopted Resolution No. 2007-284; which specifically recommended to the City and County Building Departments "...that no further development be allowed in the Ponderosa Neighborhood until a third (3") public ingress/egress be constructed". See Exhibit 1450. . 226. Resolution No. 2007-284 found that the 1991 firestorm event demonstrates that the Ponderosa area is in a wildland interface area that is susceptible to major fire events, the Ponderosa area continues to develop residential subdivisions which. generate more vehicle traffic with only two (2) public ingress and egress roads, each additional development in the Ponderosa area has cumulative effects on ingress and egress, access by fire apparatus would be hindered while resident vehicles congest the roadways trying to evacuate from another fire like the 1991 firestorm, and a third (3'd) public ingress and egress would help alleviate emergency congestion in the event of disaster. 227. On June 4, 2007, Spokane County Sheriff Ozzie Knezovich addressed a letter to the Spokane Valley City Council, in support of Resolution 2007-284 adopted by County Fire District l; and concut-ring with the fire district that no further development be allowed in the Ponderosa neighborhood until a third (P) public access is constructed. 228. Fires in the Ponderosa area typically, arise out of the wooded areas located to the south and west, and can also be sparked along the railroad tracks that parallel the west side of Dishrrian- Mica Road to the southeast. Major fire incidents occurred in the Tower Mountain area in 1984, and the Brown's Mountain area in 1985; in addition to the 1991 firestorm. See Exhibit #40, p. 1,300; and Exhibit #41, p. 451-452. 229. A forested, steep draw is located west of the site and the properties abutting Ponderosa Lane. See testimony of Susan Schmidt, and photos in. Exhibit #29; at exhibit PI. The fire evacuation analysis contained in the TfA submitted for the Ponderosa Ridge project warns that there are many reasons to expect a serious fire event could occur again within the Ponderosa neighborhood. 230. Evacuation of the Ponderosa area for the 1991 firestorm was complicated by poor visibility, multiple fires and fire-spotting, and the overwhelming of public resources initially devoted to the fire. Public safety personnel could not tell how fast the fire was coming and exactly where it was coming from :Firefighting efforts were hampered by residents not Deeding the recommendation of fire officials, and direct orders by County Sheriff deputies responsible for the evacuation. Jack of defensible space around homes; roadways and restricted driveways, and. roads located along hillsides and ridges limited response and operational choices to f=irefighters. See Exhibit #40, p. 1306, and p. 1217 to 1247; and email dated 12-6-04 from Colleen Ancel. (4) Flaws in fire evacuation analysis included in the Ponderosa Ridge TIA i HE Fiii.dings, Conclusions and .Decision REZ-23-04 SUB-15-04 APP 03-07 Page 32 231. :lance Cooperstein, an area resident opposed to the current project, submitted a copy of the appellate briefs submitted to the Court of Appeals, regarding the pending appeal of the Ponderosa Ridge project; and portions of the transcripts and record from the public hearing conducted by the County Hearing Examiner on the Ponderosa Ridge project. Cooperstein also testified, and submitted written materials challenging the fire evacuation analysis contained in the TIA submitted for the Ponderosa Ridge project. See Exhibit #s 39-42, 46 and 48. 232. The briefs submitted to the Court of Appeals address numerous issues regarding the fire evacuation analysis that were not considered during the public hearing on the Ponderosa Ridge project. Such issues focus on a compact disc (CD) submitted during the Ponderosa Ridge project- hearing, which contains software engineering data used in the fire evacuation analysis. 233. The Ponderosa Ridge T>A. was placed in the County's project file before the Ponderosa Ridge hearing, but not the CD. Todd Whipple provided a copy of the CD to County Engineering before the hearing, to facilitate its review of the evacuation analysis on behalf.of Fire District 8. Whipple also submitted a copy of the CD at the public hearing held on the Ponderosa Ridge project. See Exhibit #41, p. 183-187; and Exhibit 40, p. 545A. 234. The CD could not be opened by the Hearing Examiner using normal software, and was not reviewed by the County Hearing Examiner in reaching a decision on the Ponderosa Ridge project. See Exhibit #42, p. 18 of Opening Brief of Appellant. The printable CD results, obtained by applying traffic engineering software, are referenced in the appellate briefs as "exhibit #545A'. See Exhibits #39-42, and 48. 235. The CD was not provided to City Engineering, or its engineering consultant, TRAVSPO; in. their review of the fire evacuation analysis, contained in the same T1A, for the Ponderosa PUD project. This was despite TRA.NSPO's specific request for the outputs from the traffic model used to formulate the fire evacuation analysis, which CD results were not included in the technical appendix of the Ponderosa Ridge TIA. See Exhibit #48, letter dated. 11-5-04 from TRANSPO to City :Engineering; and p. 5 of letter dated 11-16-04 fiom Todd Whipple to City Enginetiriug. 236. Janice Coopersteini also submitted a letter dated July 18, 2006 from RobertBernstein, a professional traffic engineer, which letter commented on the software data on the CD compiled for the fire evacuation analysis. Cooperstein stated that she was a math major in college, was experienced in market .research, and had revi.ewed traffic studies before. See Exhibit #48. 237. The fire evacuation analysis created an evacuation model using "Synchro 6" software, which is traffic engineering capacity software that uses procedures contained in the AASHTO Highway Capacity N4anual; which traffic studies must comply with. Such software relies on modeling the peak traffic hour (AM and/or PIVI), based on traffic counts taken during the peak hour, for normal traffic studies. 238. The fire evacuation analysis also utilized a "SimTraffic" module in the Synchro 6 software to simulate traffic- flow along the route of ingress and egress; using logarithms, inputting traffic vol.unnes and intersection levels of service, and inputting delay associated with the level of service HE Findings; Conclusions and Decision REZ-23-04 SU-B-15-04 APP 03-07 Page 33 calculations. The traffic simulation can be viewed visually, but is not reproducible on paper. However, the CD contains printable Sim.Traffiic data that was used to create the simulation. See Exhibit #41, p. 182-187; and Exhibit #40, p. 456. 239. The fire evacuation analysis in the TIA claimed to have studied the complete evacuation of the 1,251 existing homes in the Ponderosa, at the rate of two (2) vehicles per home, within a 30- minule timeframe; with all traffic leaving the Ponderosa area in 30 minutes through two (2) exits, ie. the intersections of Dishman-Mica Road with University/Schafer Road and Bowdish Road. The analysis assumed that Schafer Road, Bovvdish Road, Sands Road, 44`h Avenue and Van Marter Road would be major routes of evacuation. See Exhibit #40, p. 454-458. 240. The fire evacuation analysis concluded, based on the software traffic .modeling, that the greatest traffic congestion. during a 30-minute evacuation of the Ponderosa area would occur at the Dishrmat-Mica/Schafer intersection; emergency-assisted traffic control would be needed at both Dishman-Mica intersections during the evacuation; and depending on manpower and the fire danger, the intersections of Bowdish/Sands Roads and Cimmaron Drive/Schafer Road should also have emergency personnel directing traffic. See Exhibit ##40, p. 456-457. 241. The Ponderosa Ridge TIA states, in answers to questions raised by area residents (but not in the fire evacuation analysis section), that "...the roadway system within the greater Ponderosa area, even with only two access points to Dishman-Mica, can handle the evacuation of the entire Ponderosa's 1,200 to 1,400 residential units (existing and new), with two (2) cars leaving from each house within a 30-minute time frame...' ; subject to emergency personnel controlling the - signals at the two main intersections located along Dishman-Mica Road. [Emphasis added]. See Exhibit #40, p_ 433-434. 242. The Synchro 6 report prepared for the fire evacuation analysis initially input an average hourly traffic volume of 2,444 vehicles per hour (vph) exiting the Ponderosa area northbound through the two Dishman-Mica intersections. This included 1,392 vph exiting the intersection of Dishman-Mica/University, and 1,052 vph exiting the intersection of Dishman-Mica/Bowdish. See Exhibit #39, Synchro 6 report/fire study, p. 1 and 4 (see NI E.UNBT/ NIER movements for Dish.man-Mica/Schafer intersection, and NB,LANBT/NBR movements for Dishrnan-N-Tica/Bowdish intersection). 243. The initial traffic volume input of 2,444 vehicles was stated on an average hourly basis, since the Synchro 6 model operates on a "peak hour" basis. The inputs recognize that all evacuating vehicles must exit the area in a 30-minute portion of the 1-hour modeling period, with no vehicles evacuating during the remaining 30 minutes. In other words, the "traffic count" for the "peak hour" in the 1-hour model was 2,444 vehicles, with all 2,444 vehicles being evacuated in the initial 30 minutes of the peak hour. 244. The initial. input of 2,444 vehicles in the Synchro 6 model assumes there are only 1.222 existing residences in. the Ponderosa area (i.e. 2,444 vehicles divided by 2 vehicles/home). This is 59 homes and 118 vehicles less than the 1,281 existing residences, and the 2;562 vehicles, the evacuation analysis in the Ponderosa Ridge TlA stated it was analyzing. HB Findings, Conclusions and Decision REZ-23-04 SUB-15-04 APP 03-07 Page 34 245. The initial input of 2,444 vehicles also does not include the 362 vehicles from the 181 proposed homes (Lie. 2 vehicles per home) in the combined Ponderosa Ridge/Ponderosa PUD projects that would also need to be evacuated, if such projects were approved. This should have been part of the analysis, since the TIA was prepared for both the Ponderosa Ridge and Ponderosa PUD projects. 246. The initial traffic volume inputted into the Synchro 6 model for the two intersections combined should have been 2,924 vehicles, generated by a total of 1,462 homes (i.e. 1,281 existing homes + 181 proposed homes, x 2 vehicles per home). This is a 1§Lo discrepancy from the 2,444 vehicles actually inputted. 247. Peak hour traffic studies generally assume there is a peak 15 minutes of traffic flow during the peak hour (AM or Pbl); based on a conservative assumption that the peak 15 minutes for one traffic movement within the intersection is the same peak 15 n-mutes for all traffic movements within the intersection. Such 15-minute "analysis period" is used to'evaluate the traffic flow, delay and .level of service at an intersection, for each traffic movement and for the intersection as a whole, during the peak 15 minutes of the 1-hour modeling period. This will determine the maximum traffic impact to an intersection or roadway during the peak hour. See Exhibit #48, letter dated 11-16-04 from Todd Whipple to City Engineering. 248. In normal traffic studies, the Synchro 6 software applies a "peak hour factor" (phf) to the average hourly traffic flow, to determine the hourly traffic flow during the peak 15 minutes of traffic. The peak hour factor (pli) is defined as the ratio of the average 1-hour traffic flow rate to the hourly flow rate during the peak 15.minutes of the 1-hour period; and can vary for each intersection or roadway. The lower the phf, the higher the hourly traffic flow rate is during the peak 15 minutes; compared to the average 1-hour flow rate. See Exhibit ##48, letter dated 7-18- 06 from Robert Bernstein, p. 2. 249. The evacuation analysis necessarily assumed that all the traffic is evacuated or flows at a constant hourly rate over a 30-minute period of time. Since this leaves no traffic to be evacuated during the remaining 30 minutes of the 1-hour modeling period, the h-QLLri traffic flow rata; during the "peak 15 minutes" of the 1-hour modeling period is the same as that during the entire 30- minute evacuation period. 250. To reflect the hour traffic flow rate represented by evacuating a total of 2,444 vehicles during the 30-minute (1 /2) hour evacuation period, a'*peak hour factor" (phf) of.5 was divided into the initial traffic flow inputs for the intersections analyzed in the Synchro 6 model. . 251. A phf of.5 in a normal traffic study assumes that one-half (112) of the hourly traffic wi.H occur during the peak 15 minutes of the 1-hour period; and equates to an hourly traffic flow rate during the peak 15 minutes that is double the ai~eraae hourly flow rate for the 1-hour period. See Exhibit 448, letter dated 7-18-06 from Robert Bernstein, p. 2. ffEs Findings, Conclusions and Decision -REZ-23-04 SUB-15-04 A.PP 03-07 Page 35 25.2. Application of the .5 phf to the initial traffic input of 2,444 vph for the two intersections produced an "adjusted flow" rate of 4,888 vehicles ep r hotu in. the Synchro 6 model. Such adjusted hourly flow rate still represented the evacuation of only 2.444 vehicles in 30 minutes (1/2 hour). See Exhibit #39, Synchro 6 report/fre study, p. 1-2 and 4-5; and Whipple calculation in Exhibit #40, p. 371. 253. The adjusted flow rate than should have been inputted into the Synchro 6 model (after applying the .5 phf) is 5.848 vehicles per hour (i.e. based on the 2,920 vehicles generated by the 1,460 existing and 181 proposed homes, divided by the .5 phf). This flow rate is 16% higher than the 4,888 vph adjusted flow inputted; and equates to the evacuation of 2.924 vehicles in 30 minutes. See Exhibit #42, Opening Brief of Appellant, p. 21-22; and Reply to Brief of Respondents, p. 12. 254. Todd Whipple, during the ponderosa Ridge proceedings, testified that he had "essentially doubled" the traffic flow (i.e. 4 vehicles per hoine)*-considped in the fire evacuation analysis, by using a .5 phf. This statement is misleading and wildly inaccurate; since the adjusted flow rate of 4,888 vehicles per hour inputted into the Synchro 6 model, after applying the .5 phf, is still equivalent to only 2,444 vehicles bding evacuated in 30 minutes, the assumed evacuation period Whipple also made several factual errors in his testimony, stating at one point that there were 1,800 existing houses in the Ponderosa to evacuate; and that hd considered the evacuation. of 7,200 vehicles in a 30-minute period of time. See Exhibit 441, p. 174-1.83. 255. Application of a.5 phf in the Synchro 6 model was simply a means of determining the hourly traffic flow rate during the 30-minute evacuation period; for a software model that is designed only for peak. hour traffic studies. It did not "double" the volume of traffic evacuated fi-om the Ponderosa area within 30-minutes, as claimed, but left it the same. 256. To simulate the evacuation, the Synchro 6 model. maximized intersection "green time" for the exiting northbound movements at the two intersections; by adjusting the traffic signals to allow approximately two-thirds (213) of the light cycle time at the Dishman-MicalBowdish intersection, and approximately three-fourths (3/4) of the light cycle time at the Dishman/Schafer intersection, to be used for exiting traffic. The remaining light cycle time ivas used to allow some cross traffic, and some resident traffic into the area, at the intersections. See Exhibit 439, Synchro 6 Report for Fire Study, p. 1-2 and 4-5. 257. The evacuation analysis assumed that resident traffic allcfwed back into the area equaled 10% of the exiting traffic, and that emergency personnel would use the emergency access that crosses the railroad tracks near 48`h Avenue and Dishman-Mica. See Exhibit #40, p. 372 and 456- 457; Exhibit #41., p. 177-178; Exhibit #42, Appellant's Opening Brief, p. 20, note 22. 258. Under the AASHTO Highway Capacity Manual, the "ideal flow" rate for an intersection is 1,900 passenger cars per hour per lane; while the "ideal flow" rate for a single roadway lane ranges from 2,100 to 2,400 cars per hour per lane. See Exhibit #40, p. 367. M Findings, Conclusions and Decision REZ-23-04 SUB-15-04 APP 03-07 Page 36 1 259. The Synchro 6 report for the fire study reduced the "ideal flow" rate for the signalized intersections of Dishman-Mica/Schafer and Dishmau-Nlica/Bowdish to a "saturated flow" rate, to account for delay caged by individual road and driver factors. See Exhibit #42, Opening Brief of Appellant, p. 19, note 20; and Exhibit #42, Reply to Brief of Respondents, p. 12. 260. The Synchro 6 report calculated a "saturated flow" of 1,658 vehicles per hour and 1,608 vehicles per hour for the northbound through and left-turn movements at the intersection of Dishman-Mica/B ow dish, respectively. The Synchro 6 report calculated a "saturated flow" rate of 1,642 vehicles per hour and 1,608 vehicles per hour for the northbound through and left-turn. movements at the inteTsection of Dishman-Mica/Schafer, respectively. See Exhibit #39, p. 1. and 4 of Sy-nchro 6 Report. 261. The Synchro 6 report showed an overall intersection signal delay time of 407 seconds (6.8 minutes), resulting in a drastically failing LOS F, at the intersection of Dishman-Mica/Schafer. This included a delay of 103.3 seconds for northbound traffic, approaching the intersection [the ICU level of service D shown in the report is not relevant]. 262. The Synchro 6 report showed an overall intersection delay time of 186.6 seconds (3.1 minutes), and a significantly failing LOS F, at the intersection of Dishrnan-N ica/Bowdish. This included a delay of 133.3 seconds for northbound traffic approaching the intersection [the ICU level of service 'D shown is not relevant]. See Exhibit #39, Synchro 6 report/fire study, p. 1-2 and _ 4-5. 1-~ 263. The delay time shown in the Synchro 6 report for northbound traffic at the intersection of Dish..man-N ica/Bowdish was significantly greater than that shown for northbound traffic at the intersection of Dishman-Mica/Schafer: since there is only one (1) intersection lane available for evacuation at the Dishman-Mica/Bowdish intersection. 264. LOS F, at a signalized intersection, is equivalent to a delay of over 80 seconds. LOS D, the minimum acceptable LOS at a signalized intersection under the City Road Standards, cannot exceed a delay time of 55 seconds. See :Exhibit #39, p. 464. 265. The fire evacuation. analysis logically assumed that dtu-ing a full-scale fire evacuation, emergency personnel would take over and manually control choke points such as the intersections of Dishman-Nfica Road with Schafer and Bowdish Roads; in order to maximise egress from the area. 266. Todd'A%ipple testified during the Ponderosa Ridge project hearing that based on the need for manual control of the two Dishman-Mica intersections during an evacuation, he allocated even more green time to exiting traffic at the two intersections; and arrived at a conclusion that existing t7•af is in the Ponderosa could be safely evacuated in 30 minutes. See Exhibit #41, p. 176-178. The Synchro 6 report does not reflect or quantif~ this additional green time, or explain how the final conclusion was-reached that the Ponderosa could be safely evacuated in 30 minutes with - manual control of the two intersections. r . HE Findings, Conclusions and Decision REZ-23-04 SUB-15-04 APP 03-07 Page 37 267. During his testimony at the public hearing on the current project, Todd Whipple indicated the main value of the fire evacuation analysis was to assist Fire District g in determining what intersections would be the most congested during an evacuation and require emergency assistance, and that there was no applicable engineering standard to apply to deteiTnine what was a safe evacuation. 268. Whipple also testified at the current hearing that the "level of service" results indicated by the Synchro 6 report were irrelevant to an emergency fire evacuation; queue length and delay at the affected intersections were the primary factors he considered in the Synchro 6 report, in determining the choke points during an evacuation and ho-w many vehicles could be evacuated during a certain period of time; and he ultimately relied on the Synchro 6 report and "engineering judgment" to reach a conclusion that the Ponderosa area could be safely evacuated. 269. The Ponderosa Ridge. TLa indicates that there are two (2) lanes available for northbound traffic movements at the intersection of Dishman-M.ica Road and Schafer/University Roads; a through/right-turn lane, and a left-turn lane with 150 feet of storage length. The TLA indicates that there is only one (1) lane available for northbound movements at the intersection of Dishman- Nfica Road and Bowdish Road, a through/left-turn/right-turn lane. See Exhibit #40, p. 178. 270. The two intersections together have an "ideal" flow rate of 5,700 vehicles per hour (i.e. 1,900 vph times 3 intei:section lanes); or 2,850 vehicles per 30 minutes. Such ideal flow rate per 30 minutes is 70 vehicles less than the 2,924 vehicles per 30 minutes that should have been. considered for evacuation through the two intersections. 271. The combined "saturated" flow for the two intersections is no more than 4,908 vehicles per hour; calculated by adding 1,642 vehicles.per hour plus 1,608 vehicles per how- for the Dishman- Mica/Scha.fer intersection, plus 1,658 vehicles per hour for the Dishnian-Mica/Bowdish intersection, shown by the Synchro 6 report. This equates to -a combined saturated flow for the two intersections of only 2.454 vehicles per 30 minutes. This is 470 vehicles less than the 2,924 vehicles that _needed to be evacuated in 30 minutes; a 16% discrepancy. 272. The plat sponsor for the Ponderosa Ridge project contended in its Court of Appeals brief that the "ideal" traffic flow for an intersection should be used to evaluate the capacity of the subject intersections; while under manual emergency control during a fire evacuation. The opponents of the project contended in then briefs that the more realistic "saturated" flow rate should be used. 273. The plat sponsor for the Ponderosa Ridge project, in its Court of Appeals brief, objected to use of the "saturated flow" rate; on the basis that there would be fewer light cycles at the intersections for egressing traffic, reducing the delay caused by driver reaction time compared to normal stop and go traffic. 274. The fire evacuation analysis assumed that the two intersections, even under manual control during a fire evacuation,'must still allow some resident traffic into the area. See Exhibit 40, p. 456; and Exhibit #41, p. 559-560. Thus, the "ideal flow" rate at the two intersections cannot be HE F . indings, Conclusions and Decision Rl-"-l-23-04 SUB-15-04 APP 03-07 Page 38 achieved. The traffic model already assumes that delay will not result from such potential human factors as stalled vehicles, traffic accidents, lost visibility due to smoke; fallen trees, etc. 275. The plat sponsor for the Ponderosa Ridge project also su;gested in its appellate brief, without direct support from the Ponderosa Ridge record, that the two Dishman-Mica intersections, under manual control during a fire evacuation, would each operate like a "street link"; with an ideal capacity ranging from 2,100 to 2,300 vehicles per hour per lane, and no inbound or cross traffic allowed at the two intersections. See Exhibit 342, Brief of Respondents, p. 16, note 10. 276. The functioning of the two intersections as "street links", even with no cross traffic or inbound traffic, appears highly unlil:.ely, considering such factors as the northbound turning movements that need to be made at each intersection, the left turn pocket at the intersection of Dishman-Mica Road/Schafer is only 150 feet long, the single lace available to northbound traffic along Schafer Road immediately south ofthe left turn pocket, the.management of 6,dting traffic on City streets once it passes through the two intersections, etc. See Exhibit #39, Synchro 5 report/fire study, p. 1; and Exhibit #42, Reply to Brief of Respondents, p. 10-12. 277. The Synchro 6 report shows a northbound left storage lane at the intersection of Dishman and Bowdish Road that is 100 feet in length. Since there is no protected northbound left-turn lane along Bowdish Road at such location, the opponents of the Ponderosa Ridge project contended that inclusion of this additional lane created an error in the Synchro results regarding the volume of traffic that could be passed through such intersection in 30 minutes. See Exhibit #42; Appellant's Opening Brief, p. 22. 278. The plat sponsor for the Ponderosa Ridge project; in its appellate brief, appeared to concede that there was no northbound left-turn storage lane at the Disbrnan-MicafBo,,*dish intersection; but instead argued there was a "de facto additional right turn lane at.Bowdish"; without describing its configuration; length, or effect on traffic flow. See Exhibit $#42, Brief of Respondent, p. 17. 279. The Ponderosa Ridge T IA, in describing the Dishman-Mica/Bowdish intersection, states that the northbound approach at the intersection has only one (1) approach lane; and mentions a "defacto right turn lane" only with regard to the right through lane for the southbound approach to the intersection, which is not relevant. See Exhibit ;#40, p. 428. The Synchro 6 report does not show a northbound right turn lane. See Exhibit #39, Synchro 6 report/fire study, p. 4, lines 3-4. 280. It is not clear from the record to -what extent the erroneous inclusion of a 100-foot long northbound left-turn lane at the Dishman-I'MicaBowdish intersection, into the Synchro 6 report, resulted in overstating the capacity of the intersection to pass northbound traffic. 281. The pages from the Synchro 6 report submitted by Janice Cooper-stein contain the report for only one (1) un-signalized intersection along the evacuation routes leading to Dishman-Mica Road, at Schafer/Sundown,. HE Findings, Conclusions and Decision >?EZ-23-04 SUB-15-04 Al'P 03-07 Page 39 282. The Synchro 6 report shows an adjusted hourly flow of 2,428 vTb for the northbound traffic througb movement at the un-.s gnali.zed intersection of Schafer Road and Sundown Drive. Traffic turning northbound onto Schafer Road from Sundown Drive adds 84 ,,ph to the northbound trafixc along Schafer Road, yielding a northbound traffic flow through the intersection of Schafer Road and Mercy Court of 2.712 vph. See Exhibit #39, Synchro 6 report/fire study, p. 23 and 1. z _ Such traffic flows at the two iiatersections substantially exceed the ideal traffic flow through the intersection of 1,900 vph, bye and 30%, respectively. 283. The adjusted hourly flow rates inputted for northbound traffic along Schafer Road, and passing through the un-signalized intersections along Schafer. Road south of Dishman-Mica Road, do not include the unknown Schafer Road share of the 236 vph contributed by the 59 existing homes in the Ponderosa area not tabulated in the Synchro report (i. e. 59 homes x 2/veh.icles per home x 2 half-hours/hour). 284. The adjusted hourly traffic flows inputted for northbound traffic along Schafer Road. in the Synchro 6 model also fail to include the traffic contributed to Schafer Road by the 181 proposed homes in the Ponderosa Ridge/Ponderosa PUD projects. 285. The Ponderosa Ridge TIA found that 75% of the traffic generated by the proposed homes in the Ponderosa Ridge/Ponderosa PUD projects will ultimately access Schafer Road, and 25% will ultimately access Bow dish Road. This represents the evacuation of an additional 271 vehicles, or 542 vehicles per hour, along Schafer Road (i.e. 181 homes x.75 x 2 vehicles/home x 2 half-hours-) See Exhibit #39, Synchro 6 Fire Study report, p_ 1'and 23; and Exhibit #48, letter dated 11-16-04 ft om Todd ~%pple to City Engineering, p. 8, question 6. 286. The additional 542 vph of evacuating traffic generated by the proposed homes onto Schafer Road must all pass through the intersections of Schafer/Sundown Drive and Schafer/Mercy Court to reach Dishrnan-Mica Road. See Exhibit #40, p. 453. This increases the adjusted hourly flow at such intersections, for the northbound through movement, to 2,970 vph and 3,254 vph, resoecti.velY. This is -without adding in any traffic from the 59 homes not accounted for in. the Synchro 6 report.. These adjusted rates compare to an ideal traffic flow for the northbound through movement at these intersections of only 1,900• vph; a discrepancy of 35% and 42%; respectively. 287. The Synchro 6 report shows a "saturated flow" of only 1,676 vph for the northbound through movement at the intersection of Schafer Road and Sundown Drive. This is 43% less than the adjusted traffic flow of 2,924 vph calculated for such intersection above. This represents a total of 624 vehicles (2,924 vph - 1,676 vph x 'A hr) that cannot pass through the intersection, applying the "saturated flow" rate. '288. The un-signalized intersections along Schafer Road obviously cannot operate as a continuous "street link"; even under manual operation by emergency personnel; because traffic from the side streets located south of Schafer Road must be allowed to turn northbound onto Schafer Road, in order to evacuate the area. HE Findings, Conclusions and Decision REZ-23-04 SUB-15-04 APP 03-07 Page 40 289. The fire evacuation analysis intentionally did not study lane or corridor capacity impacted by the evacuation traffic; assuming that controlled intersections created the largest constriction points. See Exhibit #40, p. 456. The ideal hourly flow rate for a roadway is-considered to be 2,100 to 2,400 vph per lane, as stated above. 290. There is one (1) lane of northbound traffic along Schafer Road and one (1) lane of northbound traffic along Bowdish Road. This includes a distance of several hundred feet along Scbafer Road between Dishman-Mica Road and the points to the south where the nearest secondary roads merge into such roads. 291. The two (2) lanes combined for Schafer Road and Bowdish Road can accommodate an "ideal" flow rate of 4,200 to 4,800 vph, or 2,100 to 2,400 vehicles per 30 minutes. This is a range of 524-824 vehicles less than the 2,924 vehicles that need to be evacuated northbound along such roads m 30 minutes, before reaching Dishman-Mica Road. This is a discrepancy of 18-28%. 292. The "saturated flow" rates for the Schafer Road and Bowdish. Road roadway are not included in the Synchro results; but, if applicable, would be somewhat reduced from the `•ideal flow" rate, and allow even fewer vehicles to be evacuated in 30 minutes. 293. The northbound hourly traffic rate indicated by the Synchro 6 report for the last leg of northbound traffic along Schafer Road, between Mercy Court and Dishman-Mica, is 2,784 vpb. If the additional hourly traffic flow rate of 543 vph for the proposed homes is added to this rate, the adjusted hourly traffic rate along the last leg of Schafer Road is 3,327 wh. If just one-fourth (1I4) of the 236 vph contributed by the 59 existing homes excluded from the Synchro 6 report are also added in (equal to 59 vph), the adjusted hourly flow along the last leg of Schafer Road, would be 3.386 vph. These adjusted flow rates of 3,327 -,Th and 3,386 vph compare to an "ideal flow" rate along Schafer Road of only 2,100 to 2,400 vehicles per hour. 294. The flow rate of 3,327 vph calculated above equates to evacuating 1,663 vehicles in 30 minutes, while the flow rate of 3,386 vph calculated above equates to evacuating 1,693 vehicles in 30 nvnutes; for northbound travel along the last leg of Schafer Road.. This is far more vehicles that must be evacuated in 30 minutes, along the last leg of Schafer Road, than is possible under the ideal flow rate for a roadway of 2,100-2,400 vph;.which would allow only 1,050-1,200 vehicles to be evacuated in 30 minutes. This represents a 26-38% discrepancy, anda range of 430-643 vehicles that cannot be evacuated in 30 minutes along the last leg of Schafer Road; comparing the range of actual flow rates to the range of ideal flow rates. 295. The large discrepancy between the actual traffic flow required to be evacuated and the ideal flow possible, for northbound traffic evacuating along Schafer Road, also occurs south of Mercy Court; to lesser degrees. A similar discrepancy can be calculated along Bowdish Road, between Sands Road and Dishman-Mica Road; but to a somewhat smaller degree, since Bowdish Road would early a smaller percentage of the combined evacuating traffic than Schafer Road. HE Findings, Conclusions and Decision REZ-23-04 ,SUB-15-04 APP 03-07 Page 41 296. The Synchro 6 report inputs an adjusted hourly traffic flow of 2,104 vehicles per 30 minutes) at the intersection of Dishman-Iviica/Bowdish. If the hourly traffic-from 45 of the 181 proposed homes (based on 25% of the vehicles from the 181 homes accessing the intersection) not considered in the Synchro 6 report are added to this volume,.i.e. 181 vph (181 homes x.25 x 2/vehicles per home x .5 hr x 2), the hourly traffic flow at the intersection would be 2.285 vph. 297. If just one-fourth (1/4) of the hourly traffic flow from the 59 homes not considered in the Synchro report (equal to 59 vph) was also added to the hourly traffic flow at the Dishman- JN ica/Bowdish intersection, the potential hourly traffic flow impact at such intersection would be 2144. These adjusted hourly volumes of 2,285 vph and 2,344 vph substantially exceed the ideal hourly flow rate for this 1-lane intersection of 1,900 vph; a 20% discrepancy. 298. The above analysis indicates that a signi.6cant percentage, perhaps one-third (113), of the combined traffic from the 1,281 existing homes in the Ponderosa area, and the 181 proposed hones lathe Ponderosa Ridge/Ponderosa PUD projects, cannot be evacuated within 30 minutes to Dishman-Mica Road; even assuming manual control of the intersections, and ideal flow rates. for the roadways and intersections evacuating the traffic. The above analysis also shows no basis. for County Engineering's conclusion that "acceptable levels of service" could be maintained during the fire evacuation scenario. 299. The above analysis also strongly suggests that if one (1) of the main exit routes to Dishman- Mica Road became blocked for any length of time during a firestorm event, a majority of the vehicles from the 1,281 existing homes and 181. proposed homes in the Ponderosa area could not be evacuated to Dishman-Nfica Road within. 30 minutes. _ 300. The fire evacuation analysis does not include consideration of the 90 additional vehicles [Tom the current project (45 homes x 2 vehicle/home) that would access Schafer Road during a complete evacuation of the Ponderosa area; or the vehicles from 60 vehicles from the 30 housing units in the Inverary final plat project currently being developed along Schafer Road, near its intersection with Dishmau-*N ica Road. This is an additional 150 vehicles, from 75 homes, added to Schafer Road for evacuation during the 30-minute period; or 300 vehicles per hour. 301. If the traffic from the 81 homes proposed in the Ponderosa PUD project, for which .no decision has been entered, was excluded from consideration in the fire evacuation analysis, this would be roughly offset by inclusion of the traffic from the current project (45 homes) and from the Invermy project (30 homes) in the.evacuatiou analysis. 302. The SiinTraffic simulation in the fire evacuation analysis shows a much smaller percentage of traffic that can be evacuated from the Ponderosa area in 30 minutes, using the twvo intersections, than the Synchro results; Le, only 1,908 vehicles per hour, or 954 vehicles per 30 minutes. See Exhibit #39, SimTraffc Report, p. 2 and 3; and Exhibit #42, Reply to Brief of Respondents, p. 12, note 8. 303. Robert Bernstein., in his July 18, 2006 letter, indicated that it was inappropriate to use the Synchro and SimTra is software packages to analyze conditions during an emergency HE Findings, Conclusions and Decision Rl-_',%-23-04 SUB-15-04 APP 03-07 Page 42 evacuation; and found their use in the evacuation analysis to not be meaningful, and also misleading. 304. Robert Bernstein,' in such letter, also criticized the fire evacuation analysis for not considering traffic from the residences proposed in the Ponderosa Ridge and Ponderosa PUD projects, and other fisture development; and for not making available any formal documentation of the analysis and simulation model results, connecting the summary text in the T1A with the computer data files on the CD. 305. Robert Bernstein stated, in such letter, that the Synchro results suggested that the Ponderosa neighborhood could not -be evacuated in 30 minutes; and that the SimTraf$c simulation does not show that the area can be evacuated in 30 minutes. 306. The plat sponsor for the Ponderosa Ridge project indicated in its Court bf Appeals brief that the SimTraffic simulation assumed that the traffic signals at the two intersections were functioning normally and were not under the control of emergency personnel (unlike the Synchro results); resulting in the simulation showing considerable congestion at the two intersections compared to the Synchro results. See Exhibit #42, Brief of Respondents, p. 18. 307. Based on the above facts.. the SimTraffic module results do not establish that the Ponderosa area caft be evacuated during a 30-minute time frame. 308. Todd Whipple testified during the current proceedings that the debate over the fire evacuation analysis was essentially moot; because County Fire District 8 had advised that a mass evacuation of the area was unlikely in the event of another firestorm event, and the district would more likely employ a strategy of shelter in place or moving to a safe location. 309. The documents prepared by Lieutenant Archer of County Fire District 8 in 2004 indicated that wildlaud fire research is now closely examining the issue of evacuation versus shelter in place alternatives; emergency fire commanders need to seriously consider the advantages of not evacuating residents, based on topography, fire behavior and history, many wildland fires will not require a full-scale evacuation, and residents can be given instructions on protecting themselves at home. See Exhibit #40, p. 1,296-1,314. 310. Claude Wells, a retired Deputy Chief of County Fire District 9, testified as a fire consultant for the plat sponsor at the Ponderosa Ridge hearing. See Exhibit #41, p. 445-553. Wells was involved in the 1991 firestorm on the north side of Spokane, and had some involvement with fire that occurred in the Ponderosa in 1984. Wells indicated that he had reviewed the documents provided to Todd Whipple by Lieutenant Archer of County Fire District 8, and the fire evacuation analysis summary contained in the•Ponderosa Ridge TTA, in preparing his testimony. 31 L* Claude Wells testified during the Ponderosa Ridge proceedings that some progress had been. made in Spokane County since the 1991 firestorm, in preventing and managing Eres occurring at the urban,,vildland interface. This included the adoption of second access requirements for new subdivisions, fire access road requirements for private roads and. driveways, and additional water HE Findings, Conclusions and Decision RRZ-23-04 S'LTB-15-04 f1PP 03-07 Page 43 supply requirements for new developments under local codes; and having the sane dispatch center for all local law enforcement agencies, and one dispatch center for all local fire authorities. 312. Claude Wells testified during the hearing on the Ponderosa Ridge project that, based on his understanding of the fire evacuation analysis prepared by Todd Whipple, which concluded that the entire Ponderosa area can be safely evacuated in 30 days, the evacuation of the Ponderosa area during a wildfire event would not be a significant problem See Exhibit ##41, p. 477. Such testimony is undermined by the significant flaws in the fire evacuation analysis, as discussed above. 31.3. Both Todd Whipple and Claude Arell: testified during the Ponderosa Ridge hearing that mass evacuation of the Ponderosa area during a firestorm event was only one scenario; and that other possible scenarios included a rolling evacuation over a period of time greater. than 30 minutes, and/or sheltering in place. Neither witness gave serious consideration to one or both of the main exits to Dishman-Mica Road being blocked by any length of time, by fire crossing the road, or other circumstance, in expressing their opinions; although. they conceded this was a possibility. See Exhibit ##41, p. 445-565. 314. The 2000 Urban Wildland Interface Code, published by the'National Fire Protection Association, is intended to establish a set of mininiuun standards to reduce the loss of property from fire in vegetation. spreading to buildings. Such standards; if adopted, would require that two (2) access roads be provided to directly serve the land containing a permitted use. This standard- addresges access at the point of the use, -similar to Appendix D of the 2003 TPC and Section 1.03(8) of the County Road Standards; but does not address area-wide wildfire access issues a$'ecting a proposed development, such as those presented in the Ponderosa area. 315. Robert Bernstein, in his testimony and report submitted on behalf of neighboring property owners during the proceedings on the Ponderosa Ridge project, found that emergency access in the Ponderosa was inadequate both for emergency services response to calls and for emergency evacuation of the Ponderosa community- 316. Bernstein's findings were based on the area's physical isolation due to being surrounded by a railroad and impassable terrain, the presence of only two (2) existing public access roads out of the area to Dishman-Mica Road and one additional limited emergency access; the potential for random events that may block one of the access routes during an evacuation; the new development constructed or proposed in the-Ponderos-a area since the 1991 firestorm, the potential for having to evacuate the area during a firestorm event during non-work hours when more residents would need to be evacuated than during the 1991 firestorm, the substandard condition of the road network in the Ponderosa area, the need for evacuation routes of adequate capacity on multiple escape routes that may be necessary, and the need for redundancy in the system of evacuation to ensure that escape is not cut off in the case of closure or blockage of one or more.routes. See Exhibit T40, p. 733=742; and Exhibit 41, p_ 262-293. 317. The opir.Lions expressed by Robert Bernstein, County Fire District 1 and the County Sheriff, regarding the need for additional public access routes out of the Ponderosa area, before additional HL- Findings, Conclusions and Decision REZ-23-04 SUB-15-04 APP 03-07 Page 44 development is approved in such area, find strong support in a 2005 article published in the Matueral Hazards Review, by Associate Professor Thomas Cova of the University of Utah, a specialist in the area of natural and technological hazards. See Exhibit #37. 318. The article by Professor Cova addresses public safety for fire-prone communities in the urban-wildland interface. This includes the consideration that evacuation, voluntarily or by order of emergency authorities, where there is time to evacuate, is usually sager than the more "risky" alternative of having to shelter in place, in circumstances where there is insufficient time or an inability to evacuate. This is coupled with the difficulty of deciding whether to evacuate or shelter in place; which depends on the quality of the shelter, road network geometry, wind speed and direction, visibility, travel demand, water availability and other factors that are difficult to assess and synthesize under pressure. 319. The Cova article emphasizes the need td evacuate a community in a maximum. 30-minute time.period, in an area having a high wildfire hazard; to consider potential bottlenecks or blockages that may occur along community exit routes during an evacuation; and to consider the number of community exits available for the number of homes in the area. Professor Cova cited the example of a neighborhood in the Oakland-Berkeley area, having 337 homes and four (4) exits, where a 1991 fire blocked the two (2) primary exits in its first 30 minutes; leaving the remaining residents with two (2), narrow uphill exits for evacuation, and resulting in a number of fatalities. 320. Professor Cova in his article recommended a minimum of four (4) exiting roads for wildland-urban interface communities having over 601 households. The Ponderosa area has over two (2) times this number of households, and only two (2) public exits out of the area. 321. Scott Engelhard of County Engineering testified during the hearing on the Ponderosa Ridge project that such agency was continuing to look for, a new public road access from the Ponderosa area across the railroad tracks to Dishman-Mica, either at-grade or separated, after searching for a number of years; but that nothing concrete had been firmed up. Engelhard advised that such situation was based on the difficulty of negotiating tbe.purchase of necessary land from private property owners, securing the necessary funding, identifying the location. of the crossing, the resistance of the railroad to a new crossing, and getting approval for the crossing from the Washington Utilities and Transportation Commission. See Exhibit #41, p. 41-46; and also see letter dated 7-22-05 from Todd Whipple to City Community Development Department, in current project file, p. 3. 322. Based in part on the above considerations, the County Hearing Examiner did not impose a $500 per lot fee requested by County Engineering to fund construction of a railroad crossing in the vicinity of the Ponderosa Ridge project; in approving the Ponderosa Ridge project. See Exhibit #40, p. 45 Findings of Fact #s 154-155. 323. The TIA for the current project indicates that creation of a north access from the current site to 28`s Avenue, to provide a third (3'') public access for the Ponderosa area, does not appear feasible at this time; due to private land ownerships lying between the site and 28f Avenue, the HE Findings, Conclusions and Decision RFZ-23-04 SUB-15-04 APP 03-07 Page 45 likely need to improve the existing railroad crossing at 280' Avenue, and the railroad's opposition to any new at-grade railroad crossings for vehicular travel. See TIA, p. 9. This comment appears directed at the possible extension of a.road from the Ridgeview Drive, at the north end of the current pr-el rninary plat, north and east to 28`' Avenue. Such extension would pass through private land located outside the City. N. Priority Wildlife Habitat Classification of DNR Streams rnl Site 324. In 1996, Spokane County adopted the County Critical Areas Ordinance (CAO). In 1997, the County amended certain portions of the ordinance. 325. The 1997- amendments to the County CAO included significant changes to Section 11.20.060 of the ordinance, relating to fish and wildlife habitat and species conservation areas. See County Resolution No. 97-0652, including attachments. 326. The 1997 amendments, in pertinent part, provided protection for certain priority wildlife habitats and species located within the Urban Impact Area (U A) designated by the County, which had previously been protected only if located outside the UTA. This included white-tailed deer winter range, elk, and tuban natural open space priority wildlife habitats. 327. The 1997 amendments, in pertinent part, removed the requirement of a 25-foot riparian buffer along DNR Type 5 streams "...when there is no connection to type 1., 2, 3 or 4 streams"; and increased the buffer for a DNR Type 4 stream from 50 feet to 75 feet. See County :Resolutio.n. No. 97-0652, p. 16 of Attachment "A". 328. The addition of a connection requirement for Type 5 streams in the County CAO was based on. the fact that many of the stream in Spokane Count}, had not yet been typed by DNR, and had to be typed on a case-by-case basis- coupled with a Concern over the broad definition of a Type 5 . stream in WAC 222-16-030(5) at the time, as "...streamss with or without well-defined channels, areas or perennial or intermittent seepage, ponds, natural sinks and drainageways having short periods of spring or stone runoff." See County Resolution No. 97-0652, p. 4. 329. 'Rie County's concern over the broad definition of a Type 5 stream i.n former WAC 222-16- 030(5) was that the description could be applied to very small areas without riparian habitat, especially when such areas are isolated and do not connect to other streams; that if such isolated areas contained hydric vegetation, they would be classified as wetlands and protected as such under the County CAO; and that if such areas were isolated, they were un.l~&ely to have significant riparian. habitat and would not affect larger streams where habitat is present. See County - Resolution No. 97-0652, p. 4 and 6. 330. Section 11.20.060.D of the County CAO specified buffers for DNTR Type 1-5 streams, as they were defined in WAC 222-16-030; with the additional requirement for Type. 5 streams that they must connect to a Type 1-4 stream before a 25-buffer can be required. Section 11.20.060.13 also provided a brief description. of each stream, based on the version of WA.C 222-16-030 in place in 1996-97. HE Findings, Conclusions and Decision RE -23-04 ,SUB-15-04 ATOP 03-07 Page '46 33 1. The City, at the tinne of incorporation in 2003, adopted the County COA by reference, as amended in 1997. This is the City CAO in effect at the present time. The City also adopted the County Critical Areas maps in place at the time of incorporation, by reference, as the City Critical Areas maps. See Exhibit #25; colorized Critical Areas maps in project file produced on 1-14-04; aad testimony of Karen Kendall. 332. WAC 222-16-030 was amended effective 1998; but made no changes to the definitions of DNk2 Type 3, 4 or 5 streams, in pertinent part. l:n 2001, NVAC 222-16-030 was amended to include a new "permanent" type of water typing, Le. DNR Type "S", "F", "N p", 'Ns" streams and the D-NTR Stream Types 1-5 classifications were moved to WAC 222-16-031, as "interim" water typing systems. 333. The 2001 amendments significantly revised the definitions of DNR Type 3-5 streams, in pertinent part; and provided that the "interim" stream typing system under WAC 222-16-031 would remain in effect until the fish habitat water type maps described under the new typing system under IVAC 222-16-030 were adopted by the State Forest Practices Board. 334. WAC 222-16-031 provides a water type conversion table which, in pertinent part, equates a Type "F" stream to Type 2-3 streams, a Type `Np" stream with a Type 4 stream, and a Type "Ns" stream with a Type 5 stream. 335. Further amendments to "ArAC 222-16-030 and WAC 222-16-031, taking ef5ect on July 1, - J 2005 and December 16, 2006, altered the definitions of a Type 4/``Np" stream and a Type 5!"TATS" stream. 336. The current definition of Type 3 and 4 streams under WAC 222-16-031 do not match the general description of such stream types under Section 11.20.060.D,of the City CAO; since there is no reference to a channel width being greater than or less than "10 feet" or "2 feet", or to the stream affecting the quality of a Type 1-3 stream. The current definitions also differ from the description of such stream types under the version of WAC 222-16-030 that was in effect in 1996-1.997. 337. The current definition of a Type 5/`Ns" stream is more restrictive than the defnuti.on. of a DNR Type 5 stream under the 1996-1997 version of VAC 222-16-030; by requiring such streams to have a "defined channel", be "...physically connected by an above-ground channel system..." to a Type 1-4 stream, and not be located downstream fi-om a DNR Type 4 stream. 338. The current definition of a Type 4/`Np" stream is "...all segments of natural waters within the bankfull width of defined channels that are perennial nonfish habitat streams..."; with "perennial streams" defined as "...flowing waters that do not go dry at any time of a year of normal rainfall and include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow." HE Findings, Conclusions and Decision R>-Z-23-04 SUB-15-04 APP 03-07 Page 47 339. The definition of a Type 4/" Vp" stream, under the WAC regulations iu place when the . current application was submitted in 2004, provided a means of identifying the uppermost point of perennial flow at the point along the stream channel where the contributing basin was a certain size (at least 300 acres in Eastern Washington). This criterion has been eliminated from the current definition. 340. The team "intermittent streams" has been consistently defined by WAC 222-16-030 and WAC 222-16-031 to mean "...those segments of streams that normally go dry." 341. Section 11.20.060.A of the City Critical Areas Ordinance identifies and describes the priority habitats and species in Table 11.20.060A, advises that they are adopted horn the Washington State Priority Habitats and Species Program "...as now or hereafter amended...", and advises that such program will be revised periodically as species and habitats are changed- 342. Section 11.20.030.7) of the City CAO advises that the City tvaintains maps of critical areas, to provide information to the public and to aid in the administration of the CAO; and requires the City to add to, correct and update such maps when new or additional information is available. 343. Section 11.20.030.D of the City CAO provides that the City's critical areas maps are not regulatory in nature, such maps will be used to identify the possible existence of critical areas, and the maps, in. conjunction. with site visits and other information, will be used as a basis for requiring field investigations such as wetland reports, fish and wildlife habitat management plans, geo-technical studies and hydrogeologic reports." - 344. Section 11.20.030.7.7 of the City CAO provides that in the event of conflict between. the information shown on a map and the information shown as a result of a field investigation, the information provided by afield investigation shall prevail. See CAO, Section 11.20.030.D. 345. Section 11.20.030.D of the CAO provides that omission of a development site fi om a particular critical areas map will not exempt the site from complying with the projisions of the CAO; and provides that when an interpretation is needed regarding the existence of a particular critical area, the City Department of Community Development is required to make such determination according to the criteria and characteristics contained in the CAO, and consultation with an agency or agencies of expertise as deemed appropriate by such department. 346. The City did not update its Critical Areas maps after incorporation; although the new City Comprehensive Plan contains maps of various critical areas (except DINR streams) that were updated in 2006: 347. The current version of WAC 222-16-030 makes the State DNR. responsible for preparing "fish habitat typing reaps" for the "forested areas of the state"; based on the per rrraneut typing system. set forth in such regulation, and using a model intended to differentiate between fish habitat and non-fish habitat stream. Di'' is required to update such maps every Five (5) years based on certain protocols; with some allowance for interim changes based on use of an on-site HE Findings, Conchrsions.and Decision REZ-23-04 SUB-15-04 APP 03-07 Page 48 G . "interdisciplinary team", and for a dispute resolution process that involves DNR, WDOE, the contesting parties, etc. 348. In March of 2006, DNR updated its hydrola}per for the area, using "statistical modeling techniques that did not include any actual field observations". See email from. Brie Lamb dated 8- 15-06, with reference to conversation with Jill Jon*of-DNR on 8-14-06. This resulted in designation of a Type "F" stream on the site, in the south and east drainages; and a Type "Ns" stream flowing into the wetland from the west. 349. The applicant submitted a request to modify the water typing of the site, in accordance with WAC 222-16-030; but DNI.Z made no ruling on the request. 350. DISTR. lacks authority to make stream classifications bn.non-forest lands, or where DNR has reached agreement with a local government allowing it to approve forest practice conversions that change forest land to a different use. 'On this basis; DNR agreed that the City has the authority to type the streams for the current project, not DNRR. See Exhibit #29, letter dated 5-3-07 from Robert Anderson to Shawn 'T'aylor; and testimony of Karin Divens. 351. Larry Dawes met with Berard Jones of the State DNR, and others, on the site on September 12, 2006; to observe whether the stream on the site was a Type "F" stream, as indicated by the DNR hydrolayer. Jones and Dawes concluded from, the site visit that there was no defined stream channel on the site consistent with a Type `T" stream; although Jones acknowledged that DNR had no jurisdiction to determine the stream typing for the site. See Exhibit X36; and testimony of Tarry Dawes. 352. On January 23, 2007, the City concluded that DN1Z did not have authority to retype the stream, the City had the authority to determine water typing for the site under the numerical typing system adopted in the City CAO, and the City had not adopted the new DNR mapping or the permanent water typing system set forth in WAC 222-16-030. 353. The City determined that there were no Type 1-5 streams requiring a buffer on the site under the City CAO; based on the City Critical Areas maps, and the September 12, 2006 site visit by Larry Dawes and Bernard Jones. See letter dated 2-2-07 from Karen Kendall to Bruce Howard, and revised SLPA checklist. 354. The County's 1994 decision approving a preliminary short plat for the site, and certain adjacent land lying to the east, found that the plat area was designated as white-tailed deer winter range; but did not require protection for such habitat. Such lack of protection was apparently based on virtually the entire plat area being designated outside the County UA at the time,. at a time when the County CAO did not protect such habitats when located inside the UTA. See decision in, File No. SP-945-94, Finding of Fact #19. 355. The 1994 short plat decision did not mention the existence of any DNR streams designated on the site by the County Critical Areas maps; but did require that the natural drainage course in the south portion of the site be preserved for stormwater purposes. This was done through the fM bindings, Conclusions and Decision REZ-23-04 SU3-15-04 APP 03-07 Page. 49 reservation of 40-foot wide drainage easements on the final short plat map. See decision in )~ile No. SP-945-94, County En&eering condition #11. 356. During normal rainfall years, surface water from the southerly stream/drainage slows through the south end of the site and adjacent land to, the east, spreads out and infiltrates into the ground before it reaches the wetland. During normal rainfall years, surface water does not overflow the wetland through the breach in the embankment. 357. During high water years, surface water in the southerly stream/drainage way generally makes it all the -way to the wetland; overflows from the wetland to the south through a narrow breach in the embankment, ponds up, discharges to a shallow ditch/drainage way that extends easterly through the northeast portion of the site, fans out somewhat from the sides of the ditch, and infiltrates into the ground before reaching the east boundary of the northeast portion of the site. See Exhibit #29, photographs in exhibit G and H. - 358. During certain high water years or flood events, surface water flows in and alongside the ditch/seasonal stream. all the way east to Bascetta Lane; where it passes off-site through two 18- inch culverts underlying Bascetta Lane, and may overflow Bascetta Lane. The surface water then fans out in the open fields to the east; and either infiltrates into the ground or flows all the way to . Chester Creek, where it also infiltrates into the ground. This occurred as recently as 2006. See Exhibit #29; photographs in exhibit H. .359. The 1994 wetland report submitted for the 1994 short plat found that the wetland located on the site "...in rare years of high runoff overflows to the east through a narrow cut in the berm...", and that [e]ast of this point the iunof- rapidly disappears by infiltrating to the porous sands and gravels". See 1994 wetland report, p. 2 and attached map. 360. The 1994 -wetland report characterized the overflow channel leaving the wetland as a "small seasonal streani'* that "..drains eastward into the valley floor of the Chester. Creek drainage system..."; and noted that the "...valley floor is composed of thick sands and gravels and both Chester Creek and the eastward draining tributary system disappears (become effluent) at this location in the valley". See 1994 wetland .report, p. 1. 361. The 1994 wetland report also noted the presence of an "intermittent stream cban.nel" that originates at the south end of the site, is located in a dense growth of ponderosa pine, drains to the north, disappears to the north before reaching the -wetland basin, contains valuable wildlife habitat, and functions as an area of groundwater recharge and biofiltration of winter runoff in its own HUMediate drainage system. See 1994 wetland report, p. 8. 362. In approximately 2000, a habitat management plan was prepared for seven (7) of the acreage tracts lying west and northwest of the site, by Larry Dawes. The operative part of the plan was recorded with the County Auditor in 2000, in connection with the sale of the tracts, and is included in the record. See appeal application, exhibits "B and "C". The analysis portion of the habitat management plan was not made part of the record. HF, Findings, Conclusions and Decision XE -23-04 SUB-l5-04 APT' 03-07 Page 50 363. The habitat management plan included reservation of an easement for a "wildlife habitat area and travel corridor" in a forested draw lying west of the site where the concentration of white- tailed deer was considered the heaviest; Le. the portion of the 5-acre tract ("Lot 4") located west of the north one-half (1/2) of the north part of the site, lying west of Ponderosa Lane; and the south 90 feet of the 5-acre tract ("Lot 3") lying west of the south one-half (1/2) of the north part of the site, lying west of Ponderosa Lane. 364. The habitat management plan also included reservation of an easement for a 50-foot wide travel corridor/noise buffer strip along the west boundary of "Lot 4" and "Lot 5" located wrest of the site, west of Ponderosa Lane. 365. The habitat management plan concluded that the stream located on "Lot 4" and "Lot 5" west of the site did not qualify as a DNR Type 5 stream; and was not entitled to be protected by a riparian buffer under the County Critical Areas Ordinance; since it did not connect to a DNR 'type 1, 2, 3 or 4 stream. 366. The habitat management plan, nevertheless, provided for protection of the stream and the riparian habitat located alongside; through reservation of an easement for "riparian area protection" on the south 90 feet of "Lot 3", and on the north 25 feet of "Lot 4", located between Ponderosa Lane and the site; and within the easement area reserved for a wildlife habitat area and travel corridor on the portions of "Lot 3" and "Lot 4" lying west of Ponderosa Lane. 367. Karin Divem, Area Habitat Biologist for the Washington State Department of Fish and Wildlife indicated in her testimony and correspondence that she had been to the site at least three (3) times, and walked the channel of a Type ` Np" stream located on the site all the way south and upstream to a "perennial" spring, located behind (uphill fi•om) the Phillips farm. The o ff-site basin map for the revised conceptual drainage plan for the project shows a spring or springs in this general location. 368. Divens testified that she had previously located the source of another "perennial" spring, located some distance south of 44'x' Avenue in the Iller Creek area, which feeds the tributary of the southerly stream that crosses under 44t` Avenue. The presence of such springs Nvas verified by Walter Edelin of the County Soil Conser~,ation Service. Divers also testified that the stream flowing into the site from the west should be classified as a Type' \p" water, rather than a Type 'Nis" or Type 5 water. 369. Karin Divers' first visit occurred in approximately February of 2005, at the same tune Chris Merker of the State Department of Ecology was visiting the site for Wetland verification purposes. See vlerker email dated 3-7-05, Exhibit #37, Mortz letter to Karen Kendall dated 2-7- 05 (with attached photos), and Karin Divens letters to City dated 4-21-05 and 6-7-05. 370. Karin Divers also visited the site in January of 2007; when she walked the stream up to the spring source behind the Phillips farm, along with local property owners and a representative from the-State DNM,_ This occurred during frozen ground conditions. Sec Divers email dated 5-03-07. l 1 Divens also testified that she visited the site once in the summer, when it -vas "riot and dry". She ICE Findings, Conclusions and Decision REZ-23-04 SUE-15-04 APP 03-07 Page 51 did not provide the month or year when this occurred, but the year would have to be either 2005 or 2006: 371. The annual rainfall in 2005 in the Spokane area was below normal; but was above normal in 2006, and is above normal so far in 2007. See testimony of. Larry Dawes. 372. Karen Divens testified that the spring source behind Phillips farm was readily apparent din-ing both the summer visit and frozen ground conditions. Divens also indicated that she had spoken to the PbIllips and some other residents about what happens-during high water years, and what the spring does year round, which conversations were consistent with her classification of the stream as a Type -rp". 373. Karin Divens testified that during normal water years drainage flows down the stream from the perennial spring;'essentially disappears into the ground around the uatersection of Sunderland and Cim naion, where the stream channel has been artificially widened north of such point; resurfaces; flows into a "drainage swale" located on the site, north of the culverts crossing Ponderosa Lane, and portions of a natural drainage channel; and. goes subsurface before reaching the wetland on the site. 374. Karin Divers testified that duiuig high water years, the stream flows all the way down the channel from the perennial spring to the site, through the site to the wetland; and may continue some distance east of the wetland toward Chester Creek before going subsurface on the site. 375. Karin Divens testified that there was evidence of "scour" along portions of the channel. lying between Ponderosa Vane and the wetland, but not all the way to the wetland. This included the portion, of the drainage -way/stream located on the Margaret Mortz property, which abuts the south end of the site on the east. See Exhibit #37. Divens indicated that the natural channel had been modified on the site when the swale was installed to control flooding or convey stonuwater, but that such alteration shouldn't change the classification of the stream from. `Wp". 376. Karin Divens testified that the defined chazinel in the south end of the site was less than 10 feet in width, and there was no "superdefined channel."; but advised. that the "ordinary high water mark" along the defined .channel was wider than 10 feet, and illustrated the capability.of having more capacity for flow- 377. lWargaret Mortz provided photos showing trees and other natural vegetation growing along the channel of the seasonal stream crossing her property, and the wide and deep path of. the channel, See Exhibit #37. Mortz indicated that the charnel was approximately eight (8) feet wide on her property; but did not distinguish whether this was created by the high water flows-that occurred along the draihage./stream twice since 1997, or ordinary annual flow. 378. Larry Dawes's report dated March 11, 2005 found that an intermittent drainage way was located on the site; all drainage from the site disappeared into the deep sand and gravel deposits occurring in the lowest elevational contours of the site before reaching Chester' Creek; and HE Findings, Conclusions and Decision RF7-23-04 SUB-15-04 APP 03-07 Page 52 Chester 0-eek also disappeared into the deep sands and gravel near the site. This was based on a site investigation. conducted-on August 31, 2004. 379. Larry Dawes's report found that the drainage ways on. the site did not meet the definition of a Type 5 stream under the interim typing system set forth in WAC 222-16-031, because the drainage ways were n.ot physically connected by an aboveground channel system to a DNR Type 1-4 water. 380. L.~ary Dawes testified that he should have typed the drainage ways on the site in accordance with the version of WAC 222-16-030 in place before its amendment in 2001, as modified by the City CAO; instead of using the new typing system under the current version of NVAC 222-16-030. 381. Lany Dawes testified that the drainage ways on the site did not fit the definition of a Type 4 stream under the pre-2001 Version of WAC 222-16-030, or the definition of a Type 4 or Type "Np" water under.the more current versions of WAC 222-16-030 or WAC 222-16-011; because there was not a "defined channel" or "scouring" associated with an "ordinary high water mark" on the site; although there was evidence of a'flood channel created during high water years. 382. Lary Dawes testified that it was impossible to determine whether any portion of a . "perennial stream" upstream from the site went "diy at any time of a year of normal rainfall within the definition of a Type 4 or Type " Np" stream under the more current verssions of WAC 222-16-030 or WA.C 222-16-031. Dawes based such conclusion on the lack of a period of f normal rainfall. in the area recently, and that continual checking would have to occur to verify - whether the perennial stream went dry any time during the year. 383. Larry Dawes indicated that seasonal low water usually occurs around the 1" of October, but could occur anytime between August and October. Dawes testified that Karin Devins' observation of the spring during the summer months, such as July or August, did not establish that the spring did not go dry at any time of that year. 384. Margaret Martz, a statistician, provided some statistical evidence that the time period of July through October in a given year was a reasonable period to measure low spring flows in Eastern, Washington; and logically contended that evidence of perennial flow "during a year of normal rainfall'' could be determined by observing perennial flow during a year of less than normal rainfall. See Exhibit #57. 385. During his testimony, Larry Dawes provided ample evidence of his training, qualifications and experience to do DNR water typing. -Dawes testified that Karin Divens of the WDFW, Chris Merker of *-DOE and Walter Edelin of the County Soil Conservation Service dial not have the biological or hydrological background or training to perform stream typing. 386. Kai-in D.ivens, Chris Merker and Walter Edelin were not present to rebut such remarks; but each have some experience and qualifications that allow them to comment on aspects of DNR water typing. However, based on the record, such professionals are not as well qualified, trained and experienced as Larry Dawes in DNR water typing. FIE Findings, Conclusions and Decision RBZ-23-04 SUB-15-04 APP 03-07 Page 53 387. Larry Dawes testified that he assumed Berard Jones of DNrR was qualified to perform water typing, based on Jones statement that he is responsible for doing water typing in the field on forestlands for DNR. Jones' training in the field of biology and hydrology were not substantiated in the record. See testimony of Dick Behm 388. The record indicates that in approximately 2000, the drainage channel in the south end of the site was modified through the use of heavy equipment, generally within the recorded drainage easenaents in such area. This was done by Spokane County, the past site owner or the current site owner. See testimony of Margaret Mortz and Stacy Bjordahl, and Exhibit #37. 389. The 2000 modification to the drainage channel may conceivably have occurred as a result of a 100-year storm event that occurred in the area in April of 2000; when storrmvater flowed through the drainage way/stream on the site all the way to the wetland, and ton, east to Chester Creek. See testimony of Dick Behm. 390. White-tailed deer, as many as 16 at a time, travel daily from Brown.'s Mountain "through the wildlife and riparian corridor designated on. the land lying west of the site; and east through the wetland and along its easterly outlet to the alfalfa/farm fields lying east of Bascetta Lane, and to Chester Creek. See, e.g. Exhibit #29, in exhibit "G"; exhibit #37; exhibit "A" attached to SEPA appeal; and letter dated 12-6-04 fxom Denny and Tracy Fish.. 391. Karin Divers of the )AIDFW responded to the notice of application mailed out by the City Planning Division, in a letter dated December 6, 2004. Divers commented only on the adequacy of the buffer for the on-site wetland, advised that she would defer to the expertise of WDOE on 511chr issue, and recommended that a habitat managerent plan be prepared for the wetland if it was determined that greater protection for the wetland was needed. 392. Karin Divens testified that the effect of the current project on the habitat management plan adopted for the acreage lots developed west of the site should be evaluated, since the plan provided for a travel corridor for white-tailed deer from such land to the wetland area located on the site. She also found the riparian corridor on. the site to be valuable for wildlife. 393. Darin Divens indicated in her April 21, 2005 letter that the stream on the site is important for ground-,eater and aquifer recharge, wetland recharge, and connectivity to Chester Creek; and that riparian corridors are extremely important for wildlife and birds. Chris Merker of WDOE voiced similar opinions, in his March 7, 2005 email. 394. T., rrry Dawes provided un-rebutted testimony that the site does not appear to provide priority wildlife habitat, or serve as a migration corridor, for elk; in responding to the designation of elk priority wildlife habitat on the south portion of the site by current WDFW reaps. . 395. Larry Dawes did not evaluate the site for its value as priority wildlife habitat or a migration, corridor for white-tailed deer. Dawes testified that fencing the site would prevent deer from passing through the site to access the alfalfa fields and Chester Creek lying to the east, deer would be more l0cely to use the easterly drainage channel proposed by the preliminary plat than the FE Findings, Conclusions and Decision. RE7-23-04 SUB-15-04 APP 03-07 Page 54 l private roads in the project, the proposed drainage channel was not wide enough to accommodate deer travel to the east, and if the deer could not pass through the site they would have to fund ways to go around the site to access the fields and creek area to the east. 396. The passage of white-tailed deer through the wetland area on the site and east toward Chester Creek would be impeded by the private driveways and public road in the preliminary plat that border the wetland on three (3) sides, and by the perimeter screening required by the City Planning Division along the site borders. The environmental checklist submitted for the project indicates that deer migrate through the site from Brown's Mountain to the alfalfa fields located east of the site. Also see letter dated 7-22-05 from Todd Whipple, page 2. 397. The County Critical Areas Ordinance requires the City Planning Division to consult with the ~NTDFW, or other appropriate authority, to determine whether a development proposed in a priority wildlife habitat is likely to have a significant adverse impact on such habitat; and if so, to require the preparation of a habitat management plan for the development. M_ Provisions fnr well utdi 398. Section 11.20.050.A of the City CAO requires the City Planning Division to verify the accuracy of the wetland delineation, submitted by an applicant for land development by consulting* with WDOE, or other agency of expertise; and render adjustments to the delineation as appropriate. 399' The City Plamiing Division conditions of approval for the project require the applicant to submit an updated delineation for the Nvetland on the site. This was requested by WDOE, based on its policy that a wetland report completed more than five (5) years ago is obsolete in both methodology and currency, and based on the 2004 modifications to the State wetland ratings manual adopted for Eastern VATashington. See emails dated 3-7-05 and 4-19-05 from Chris Merker. 400. Larry Dawes indicated in his March 11, 2005 letter that the 1994 wetland delineation for the site was probably based on the 1989 version of the ratings manual; which was less rigorous than the 1987 manual Dawes advised was the current standard. Dawes indicated that if the wetland was delineated under the 1987 manual, in 2005, the wetland might be smaller than delineated in 1984; particularly since rainfall data showed that the annual'precipitation in 2004 and 2005"was farther below normal than it was in 1993 and 1994. Dawes contended that the 1994 wetland delineation stood in perpetuity, upon its approval by the County; and the wetland should not have to be re-delineated. 401. The 1994 wetland delineation states that the 1987 manual was used to delineate the on-site wetland, not the less rigorous 1989 manual assumed by Larry Dawes. In addition, Lary Dawes testified that the average rainfall in 2006 and 2007 was above normal, meaning the wetland could be larger if delineated currently. HE Findings, Conclusions and Decision REZ-23-04 SUB-15-04 ATP 03-07 Page 55 402. NVDOE contended that the 2004 ratings manual should be used to evaluate the wetland, based on the language in Section 11.20.050.B of the City CAO adopting the subject rating manual "as amended". f 403. The City Planning Division conditions of approval require the applicant to implement the buffer mitigation proposed in. Larry Dawes' letter dated January 8, 2006. Such plan proposes to mitigate a 2;600-square foot encroachment on the buffer, on the cast and west sides of the wetland; by the road system shown on the preliminary plat map submitted in November of 2004. 404. The proposed buffer mitigation includes a buffer enhancement plan, consisting of plaating native vegetation between the areas of buffer impact and the wetland, to increase the buffer function around the impact area; and also includes extension of the required 75-foot buffer to the south, to add an increased buffer area of 10,030 square feet, Nvith a stormwater feature placed somewhere in the increased buffer area. 405. The mitigation plan appears to generally comply with the criteria set forth in the City CAO relating to reducing and/or averaging the standard buffer width for. a wetland, based on the discussion in Dawes' letter dated January 8, 2006. 406. The current preliminary plat map illustrates a larger encroachment of 3;750 square feet to 4,000 square feet on the wetland buffer by the proposed private roads, based on the scale illustrated on the map. The proposed mitigation and replacement area may still be adequate, but the mitigation plan should be amended to address the increased buffer encroachment: N. Adequacy of Conce tual Drainage Plan 407. The City adopted the 1998 edition of the Spokane County Guidelines for Stoimwater Management by reference, as amended by City Ordinance No. 05-013, as drainage regulations for new development. Such regulations are referenced below as the "Guidelines" 408. The Guidelines generally restrict the quantity of water leaving a development site, that drains into a critical drainage or flood prone area, to the pre-development level- -The Guidelines prohibit drainage from being diverted in the development and released to a downstream property om being at points not receiving drainage prior to the development; and prohibit floe fr concentrated onto downstream properties where sheet flow previously existed. 409. The Guidelines require the drainage report submitted for a development to include a downstream anal},sis, to ensure that the drainage plan does not aggravate an existing drainage problem or create a new problem; in terms of magnitude, frequency or duration. Development in and around a 100-year floodplaiin must comply with the City's floodplain ordinance. 410. The Guidelines require drainage facilities to be designed for various 24-hour storm events. On-site runoff facilities nnist be designed for a 10-year (24-hour) storm event- Where off-site runoff contributes to a drainage facility, a 50-year storm event must be designed for. Where a detention system (a stormwater storage facility with a-surface discharge) is proposed, the rate of runoff cannot exceed the pre-development rate for the 2-year, 10-year and 50-year storm events, l]E Findings, Conclusions and Decision REZ-23-04 SUB-15-04 APP 03-07, Page 56 runoff cannot exceed the pre-development rate for the 2-year, 10-year and 50-year storm event:. A detention facility must have an emergency overflow structure that is designed to accommodate a 100-year storm event, generated under development conditions. 411. The Guidelines require that drainage infiltration systems be designed to consider the effect that ground seepage from the facility will have on the groundwater elevations both on-site and on nearby down-gradient properties. This includes consideration of seasonal variations, such as frozen ground conditions and seasonal high ground water, which may affect functional use of the drainage systems. 412. The Guidelines require the submittal of a geotechnical site characterization study when the subsurface disposal ofstormwater is proposed, to demonstrate soil infiltration suitability. Marginal soils aa-e typically not given "credit" for infiltration in the drainage analysis. 413. The Guidelines require that when runoff from a portion of a development site does not flow through the detention facility, .and is not retained anywhere else on site, the "bypass area" must drain into the same channel as where the detention pond drains and cannot exceed the pre- development level. 414. The Guidelines require that any natural draws or channels on a development site that are used to convey stormivater to be placed in easements in the final plat. The easements must be r wide enough to contain the runoff from a 50-year storm event, plus a 30% fi•eeboard. 415. The Guidelines require the Soil Conservation Service (SCS) Method to be used for drainage basins greater than 10 acres, such as the current circumstances. This includes inputting the 24- hour precipitation for the various design storms to calculate the amount of runoff fi•om a particular drainage basin, using the `'isopluvial maps" contained in the Guidelines. 416. The Guidelines require stormwater design to be*coordinated with consideration of any wetland areas. The City Critical Areas Ordinance authorizes stormwater facilities to be located in a wetland buffer, if sited and designed so that the buffer area as a whole preserves wetland functions and values, taking into account the scale and intensity of the development. 417. Dick Behm contended for the SEPA appellants that the design storm precipitation levels calculated for the kidgeNdew Tnbutary in the 1997 Chester Creek study should be used to. calculate runoff flows for the project, instead of the precipitation levels required to be inputted under the SCS method. This is based on the Chester Creek study showing that the Brown's Mountain area receives 25% more precipitation in. snow and rainfall than Spokane International, Airport, which rainfall levels are used to generate the precipitation levels inputted into the SCS method. 418. Dick Behm and the SEPA appellants also contended that the three (3) 36-inch culverts shown on the current conceptual drainage plan developed basin reap were inadequate; based on the installation of four (4) such culverts under Ponderosa Lane on the site, and under Sunderland IM Findings, Conclusions and Decision REZ-23-04 SU13-15-04 AN 03-07 Page 57 Road south of the site, respectively. Behm indicated that such culverts had been installed several years ago to deal with a 10-year design storm event. 419. The original conceptual drainage report submitted for the project on January 5, 2005 used the flows from the hydrological study contained in the Chester Creek Watershed Plan, for the "Ridgeview Drive Tributary", to estimate drainage flows entering the site from the 2-year, 10- year, 50-year an.d 100-year storm events. Sec letter dated 1-5-05 fi•orn Todd Whipple to City Engineering, regarding preliminary drainage report. 420. On September 22, 2005; City Engineering advised the sponsor's engineer that it was inappropriate to use the flows derived from the Chester Creek study. See letter dated 9-22-05 from Sandra Raskell. to Craig McPhee. 421. On December 23; 2005, Todd Whipple, the applicant's engineer, submitted a letter to City Engineering that included a complete evaluation of the upstream off-site basins contributing drainage to the on-site wetland, using the Soil Conservation Service (SCS) method required to be used by the City Guidelines for Stomiwater Management. Whipple noted. that the flows derived fi•om the SCS method appeared to be considerably larger than the flows fxom the Chester Creek study; including a 100-year storm discharge of 97 cfs under the SCS analysis, and only 60 cfs fi•om the Chester Creek study. 422. On February 1, 2007, the applicant submitted a revised conceptual drainage plan ("conceptual drainage plan") for the project prepared by its engineering consultant, Gabe Gallinger of Landworks Engineering, Inc. The conceptual drainage plan was accepted by City Engineering, as being consistent with subject to the submittal of a final drainage report and plans that conform to such regulations, prior to fnal plat approval. 423. Dick Behni indicated that the a new floodplain maps for the Chester Creek area were close to being issued, which maps would significantly reduce the area of the iloodplaiu. This suggests that revisions have been made to the 1997 Chester Creek hydrological study, including the calculation of reduced flows reaching the lloodplain. 424. The revised conceptual drainage plan also calculated the basin flows for the project based on the SCS method required by the Guidelines for StormNvater Management. There is not a sufficient basis in the record to require use of the precipitation levels contained in the 1997 Chester Creek study, or to find that the proposed culverts leading out of the wetlands are insufficient to convey the required design storm flows. 425. The SEPA appellants and other residents contended that the proposed narrowing, redirecting, berming and reducing the level of infiltration and storage capacity of the natural draiiiage'channel located in the south end of the site, for the conceptual drainage plan, in conjunction with the inadequate culvert sizing, would cause flooding during large storm events to properties abutting the south end of the site. Page HE Findings, Conclusions and Decision REZ-23-04 SUB-15-04 APP 03-07 . 58 to the east as it currently does, at the pre-developed flow and rates, and in the same location. Pond A, located in the extreme southeast corner of the site, appears to serve a similar treatment and infiltration'uDction as the existing Swale area in the drainage channel lying directly north of Ponderosa Lane. 427. Since the on-site wetland, and the portion of the proposed drainage channel located directly south of the wetland are at a lower elevation than the abutting properties to the east, sto=vater from the drainage way located west of the site that flows into the wetland area will not be diverted to such abutting properties. 428. Under the conceptual drainage plan, the two (2) 18-inch, culverts underlying Bascetta Lane will likely be inadequate to accommodate flows from a 50-year or 100=year storm event frorn. off- site and on-site flows directed through the site, and allow stormwater to overflow the road; as in the existing circumstances. However, the conceptual drainage plan will actually reduce the peak- runoff rate and volume of the drainage reaching Bascetta Lane. See testimony.of Gabe Gall ger. 429. The conceptual drainage plan appears to preserve the hydrology of the on-site wetland and adequately treat stolinwater generated from impervious surfaces developed on the site. 430. The conceptual drainage plan took frozen ground conditions into account, in terms of the placement of stormwater facilities. See testimony of Gabe Gallin.ger. r 1 431. Dick Behrn contended that the extension of Ridgeview Drive in the preliminary plat appeared to extend through the breach in the embanlaneut, based on a personal measurement he made. This is not apparent from the elevations shown on the preliminary plat map; which was based on a survey of the site, and should be given more weigh. See testimony of Gabe Gallinger. This is also not apparent from the current DNrR hydrolayer. 0. MibAatiou of Geo-Hazards and Dminag6Illayacts 432. The applicant submitted a geo-hazard evaluation report for the site prepared by ALLWEST Testing and 'Engineering, a qualified engineering firm, on November 4, 2004. Such firm also submitted a supplemental geotechnical evaluation on June 30, 2006. 433. Eberhard Schmidt, a retired geologist, raised a concern over the proposed construction of a private driveway at a grade of 28% over a length of 45 feet in the northwest corner of the prelimina.'ty plat; in the area of Lot 6, Block 3. The geo-hazard addressed house construction in such area of the site, but not the private driveway, which should be addressed. 434. The N November 4, 2004 geo-hazard report otherwise adequately identifies and discusses the geo-hazards presented by site development, and recommends adequate mitigating measures to deal with such geo-hazards. The preliminary plat map does not illustrate the geo-hazards on the site, as required by the subdivision ordinance. P. Public Sewer and Water Conctineilc HE Findings, Conclusions and Decision REZ-23-04 SUB-15-04 APP 03-07 Page 59 435. The Spokane County Division of Utilities certified the availability of public sewer to the proposal. Spokane County Water District #3 certified the availability of public water to the proposal. The conditions of approval recommended by the Spokane Regional Health District, and County Utilities, require the proposal to be served with public sewer and water. - 436. The proposal meets the sewer and water conc=ency provisions of the City Phase 1 Development Regulations- Q. Other Concnrrency Issues 437. The City Phase 2 Development Regulations do not require direct concurrency for parks or schools. City Parks did not comment on the project, 438. Central Valley School District indicated it had capacity to serve the future students in the project. The project should make provision for safe waiting and bus boarding for secondary students, as requested by the school district. R. Provision for Cultural Resources ` 439. City Planning conditions of approval recommended for the project require a cultural survey of the site to be completed prior to final plat approval, in consultation with the affected tribes and the State DHAP. Based on the above findings of fact, the Hearing Examiner enters the following: 1U..[. CONCLUSIONS OF L,,VW 1. Pursuant to ROW 58.17.033; a preliminary plat application must be considered under the zoning ordinance, development regulations and comprehensive plan policies in place at the time a fully completed application for the preliminary plat is submitted to the reviewing authority. The fully complete date for the current application was November 5, 2004. 2. To be approved, the preliminary plat must comply with applicable zoning standards and other development regulations; make appropriate provision for the public health, safety and general welfare; serve the public use and interest; and make appropriate provision for open spaces, drainage -ways, streets or roads, other public ways, potable water supplies, transit stops, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, critical areas; fire/emergency access, sidewalks for children who reach school by walking, and other relevant facts and planning features. See RCW 58.17.110, County Subdivision Ordinance and County Hearing Examiner Ordinance. 3. RCW 36.7013.030 requires that a comprehensive plan and development regulations adopted by local government under the State Growth '!Management Act (.NIA) serve as the foundation for project review; and that where standards for development are specified in local development regulations, or in the absence of applicable development regulations, are addressed in a T~3 Findings,. Conclusions and Decision REZ-23-04 STJB-15-04 APP 03-07 Page 60 comprehensive plan, such regulations, or the comprehensive plan, respectively, are determinative of the standards of development for the land use action. 4. Under Washington case law, where the comprehensive plan of a local government conflicts with zoning regulations or other development regulations, the zoning and other development regulations are controlling. . 5. The preliminary plat does not make appropriate provision for the public health, safety and welfare; or serve the public use and interest; considering the inadequacy of public egress out of the Ponderosa area in the event of a wildfire or other large-scale disaster, and that the proposal is . . likely to worsen such access problem. See Policy TAa.9 and T.6.2 of City Interim Comprehensive Plan, and Section 1.03(1) of City Road Standards. 6. The proposed rezone should be denied; since the purpose of the rezone is to relax development standards for the preliminary plat, the preliminary plat does not bear a substantial relationship to the public health, safety and welfare, and the preliminary plat is inconsistent with the Interim Comprehensive Plan. 7. The proposal is likely to have a significant, probable adverse impact on safe public access out of the Ponderosa area, in the event of a wildfire event or similar disaster that requires the area to be evacuated. However, since such issue was not raised in the current SEPA appeal, the Examiner cannot require the issuance of a Determination of Significance for the project; even though this might be a preferable choice to denying the project. 8. The streams on the site must be typed in accordance with the version of WAC 222-16-030 that took effect on January 1, 1994; as modified under Section 11.20.060.C,2.e, of the City Interim Critical Areas Ordinance (CAO) to eliminate the buffering requirement for Type 5 streams when there is ampicoiuiection to a Type,.1-4 Water.. 9. - The streams on the site do not constitute,' Type 4 Water. under the above regulations because they do not connect downstream to a Type 3 Water. -The streams do gLWy as a Type 5 Water under former WAC 222-16-030; but have no buffcong requirement under Section 11.20.060.C.2.e of the CAO, because they do not connect to a Type 1-4 stream. "Connect" should be construed to mean a physical connection by an aboveground channel. 10 Even if the streaj is were evaluated guider the current version of WAC 222-16-030 or 222- 16-031, they would not qualify as a Type Np or Type 4 Water. This is because portions of the stream located between the site and the potential perennial water source located upstream are dry, or go subsurface, during the entire year of normal rainfall. See definition of "ordinary high water mark". Such streaibs do no constitute a Type Ns or Type 5 Water under such current regulations, because they do nol physically comiect. to a Type S, h or Np water by an aboveground channel system n The City Planning Division should have required the applicant's wildlife biologist to conduct J a d investigation of the site, and consulted with the V4'DFW, to determine whether the project ICE Findings, Conclusions and Decision REZ-23-04 SUB-15-04 APP 03-07 Page 61 would have a significant adverse impact on the deer population in the area, and the requirement for a habitat. management plan. This is in light of the riparian corridor established for white-tailed deer by the habitat management plan approved for the adjacent lots to the west; ample evidence that a sizeable population of deer use the site on a daily basis to migrate between Brown's Mountain, the on-site wetland, feeding grounds to the east and Chester Creek; and the adverse impacts of the project on such nmeration. This could be required under the City CAO, without having to issue a Determination of Significance. 12. Tl'be project generally complies Nvith the wetland; geo-hazard and riparian buffer requirements of the City CAO; and the City Guidelines for Stormwater Nfanagernent. 13. The project will not have a significant adverse impact on the elements of the en- ronment referenced in the appeal; provided compliance with the City CAO is required. The SEPA appeal should be denied. 14. The City should update the description of its DNrR stream types, and Critical Areas maps, based on, best available science. This includes consideration of the permanent typing system in the current version of WAC 222-16-030, the DRrR hydrolayer, and WDFW's current database designating priority wildlife habitat and species. 15. The preliminary plat complies with the concurrency requirements set forth in the County Phase 2 Development Regulations. 16. :[denial of the subject applications, and denial of the SEPA appeal, are appropriate under Chapter 10.35 of the City Municipal Code, the City Local SEPA Ordinance, the City Interim Subdivision Ordinance, and Chapter 58.17 RCW. YV. D. CISION Based on the Findings of Fact and Conclusions of Law above, the subject applications for a pre] iminary plat and rezone are hereby denied The SEPA appeal submitted by the Ponderosa Properties Homeowner's Association is hereby denied. DATED this 30`h day of August, 2007 CITY REAl'.t.W, EXAINIIINTR PRO TEE TNMfichael C. Dempsey, WSBA '3 IM- Findings, Conclusions and Decision REZ-23-04 SUR-15-04 APP 03-07 Page 62 1 t NOTICE OF FL 1AL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to Section 10.35.150 of tbe City of Spokane Valley Municipal Code (SVVIC), as amended= the decision of the Hearing Examiner on a combined application for a zone reclassification and preliminary plat is final and conclusive unless within fourteen (14) calendar days from the Examiner's written decision, a party of record aggrieved by such decision files an appeal with the City Council of the City of Spokane Valley, City Hall, 11707 E. Sprague Avenue, in Spokane Valley, Washington; in accordance with all the requirements of SVMC #10.35.150. This decision was mailed by certified mail to the Applicant, and by first class mad to other parties of record, on August 30, 2007. TB E APPEAL CT-OSI1iG D;kTE IS SEPTEI!OER 1.3, 2007.' The complete record in this matter, including this decision, is on file dieing the appeal period with the Office of the Hearing Examiner, Third Floor., Public Works Building, 1026 \--Vest Broadway Avenue, Spokane, Washington, 99260-0245, (509) 477-7490. The file may be inspected during normal working hours, listed as Monday - Friday of each week, except holidays, between the hours of 8:30 a.m. and 5:00 p.m.. After the appeal period, the file may be inspected at the City of Spokane Valley Department of Community Development, Div sion of Current Planning, 11707 E. Sprague Avenue, Spokane Valley, WA. Copies of the documents in the record will be made available at the cost set by City of Spokane Valley Ordinance. Pursuant to RCW 36.708.130, affected property owners may request a change in valuation For property tax purposes notwithstanding any program of revaluation. HE Findings, Conclusions and Decision REZ-23-04 SUB-15-04 API' 03-07 Page 63 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 11, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Tourism Promotion Area Funding Model GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: On December 4, 2007, Dan Zimmerer, Jody Sander, and Harry Sladich spoke to Council asking for Council consideration in amending the previously approved Interlocal Agreement for the Establishment of the Tourism Promotion Area, in that they requested the deletion of the "sunset". language. At that meeting, it was Council consensus to place this matter on the next regular Council agenda for motion consideration to approve an amended Interlocal Agreement deleting the sunset clause. BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: September 6, 2007 Letter from TPA asking for deletion of sunset clause Copy of Original Interlocal signed in 2004 Draft Amended Interlocal deleting the sunset clause ITi TOURISM PROMOTION AREA VWWPI'd THE E{OHOHY W SPOKANE COUMY' September 6, 2007 ~Pro(.ex 6ilu-[eS 8/SFAOelhrt RECHVED Spokane County Commissioners OCT* - I 2Cg7 City of Spokane City of Spokane Val-ley City of Spokane Valley Dear Commissioners and City Council Members, As many of you are aware, the "Tourism Promotion Area (TPA) funding model is set to "sunset" at the end of 2008. To date, the TPA has rinsed more than $4,800,000 to help market Spokane County to the region, nation and to the world. The Spokane Regional CVB, the Spokane Regional Sports Coniaiissiori anal countless other funding recipients such as..allcyfest, Dixieland Jam Festival, Fair & Expo Center, Northwest Museum of Arts & Culture, Bloomsday, Bluewaters Bluegrass Festival, Junior National Badminton, Artfest and of course US Figure' Skating Chairipionships are just a few of the many organizations and events which have been positively affected by the.TPA. All of these organizations combined have successfully generated thousands of-additional rooiu nights in Spokane County, the very reason the model was created. To review the background of the TPA; in 2003 the Spokane County Hotel/Motel Association determined that Spokane County did not have enough moiiey to effectively-market the region for leisure trayel, sporting events and conventions. We needed to be more competitive and were losing ground. The association had two choices; the first was to encourage its marketing partners, the Spokane Regional CVB andthe Spokane Regional Sports Commission to ,ask for more lodging tax money from Spokane•County and the individual cities. The second choice was to create •a new funding model Which would add additional revenues to the currents funds coming from the 2% "Bed Tax". Such a model was found in Sacramento, California. After thousands of volunteer hours from individual hoteliers, legal representation from the association and the help of then Senator Jim West, the TPA was enacted into law in Washington. State. This new legislation created the opportunity for Spokane County hoteliers to assess a fee on occupied hotel rooms in order to generate additional funding for tourism marketing. After meeting with each of the cities and the county, interlocal agreements were signed and the controlling authority wis designated to Spokane County. TPA. commissioners were selected from hotels around the region (four from the City of Spokane, two from the City of Spokane Valley and two from Spokane County) 'and the fast TPA collections began in July of 2004. Since then, almost every major city in Washington State has enacted a TPA and just last month the State of Montana did the very same thing. It's a great model and we are proud to have been the first organization to bring it to the Northwest. This letter is more than a history lesson, it is a formal request to renew the TPA now, and eliminate the sunset clause. The primary reason we are addressing this now (instead of Julyl, 2008) is that both of our regional marketing organizations, the Spokane Regional CVB and the Spokane Regional Sports Commission are bidding on groups which are far into the future. Each of these organizations needs the assurance that appropriate funds will be available in order for them to bring home the business. -Bidding on large groups or team events often requires these organizations to "commit" funds to secure the business (The CVB and the Spots Commission are negotiating such events currently for 2014 and 2012 respectively). 'fhe return on this investment is dramatic compared to the funds committed, but neither of our organizations can commit fully to work on this future business without knowing for certain that our funding through the TPA will indeed continue. We feel strongly that we have been diligent in the proper distribution of these funds, have acted in accordance with the law and therefore feel there is no need for the "sunset clause". At the time this clause was requested, the TPA was brand new, with no history and therefore some felt that caution was needed. There is plenty of history now, and it's very good history. By comparison, Spokane County is the only TPA in the state to have a sunset clause. in reviewing this renewal, please remember that the Spokane County Commissioners still have the final oversight and can refuse to accept the funding recommendations from the TPA ''commissioners. In addition, the simple majority of hotels in Spokane County can vote to disestablish the TPA if they feel it is no longer beneficial in increasing room nights in Spokane County. We are asking that each City along with Spokane County put the TPA on your agendas to discuss and vote upon the renewal, without the sunset clause as soon as possible. New business depends on it! For your convenience, we have attached the appropriate documents with the changes we are requesting highlighted. We are very proud of the fact that our industry found a creative way to address our own funding issues and-did not rely on local governments to solve thorn. We carne to*all of you with a solution and it has been an extraordinary success! Thank you and we look forward to the continued growth of tourism, conventions and sporting events in Spokane County through the renewal of the Tourism Promotion Area! Sincerely, T?A Commissioners Ro An erson c Dean Feldmeier Rita Santillanes Wayne Paupst Liz Bee Jo San er f Lynnelle Caudill TNTERLOCAL COOPERATION ACT AGREENIEENT FOR ESTABLISEMENT OF SPOKANE COUNTY TOURISM PROMOTION AREA T141S AGREEMENT ("Agreement") dated this 40? day of ~ )2004, is made and entered into by and among SPOKANE COUNTY, a Class A county of the State of Washington ("Spokane County"); the CITY OF SPOKANE, a municipal corporation of the State of Washington ("Spokane'); and the CITY OF SPOKANE VALLEY, a municipal corporation of the State of Washington ("Spokane Valley"), pursuant to the authority of chapter 39.34 RCW and Engrossed Substitute Senate Bill No. 6026 authorizing the establishment of a Tourism Promotion Area to levy Special Assessments to fund tourism promotion. WI'T NESSETH: WHEREAS, pursuant to the provisions of the Revised Code of Washington, the Board of County Commissioners of Spokane County has the care of county property and the management of county funds and business; and WHEREAS, the 2003 State Legislature of the State of Washington has recognized the importance of tourism promotion in the State of Washington and passed Engrossed Substitute Senate Bill No. 6026 authorizing the establishment of a Tourism Promotion Area by a county to permit the levy of Special Assessments to fund tourism promotion; and WHEREAS, the Operators of Lodging Businesses within the County of Spokane have presented an Initiation Petition to Spokane County seeking to have the Board of County Commissioners of Spokane County establish a Spokane County Tourism Promotion Area, specifically including the areas within the jurisdiction of Spokane and Spokane Valley, pursuant to the terms of Engrossed Substitute Senate Bill No. 6026; and WHEREAS, the initiation Petition submitted to the Board of County Commissioners of Spokane County, Exhibit "A" attached to this Agreement, included: (1) A description of the boundaries of the proposed Spokane County Tourism Promotion Area, including the areas within the jurisdiction of Spokane and Spokane Valley; and (2) The proposed uses and projects for which the proposed revenue from the Special Assessments levied by the Spokane County Tourism ourism Promotion Area would be dedicated, and the total estimated costs of such uses; and (3) The estimated rate for the Special Assessments to be levied on Lodging Businesses in various Zones within the Spokane County Tourism Promotion Area; and C:1Documents and SeCingsAcrieksoM ocal SettingsVI'emporary L-ttemet FilesMKIATourism Promotion Intcrlocal Final.doc (4) The signatures of the persons who operate Lodging Businesses in the - proposed Spokane County Tourism Promotion Area who would pay over sixty percent (60%) of the proposed Special Assessments levied within the area. WHEREAS, the Board of County Commissioners of Spokane County has the authority pursuant to the terms of Engrossed Substitute Senate Bill No. 6026, to enter into an Interlocal Agreement with Spokane and Spokane Valley to establish a Tourism Promotion Area, pursuant to the provisions of the initiation Petition received from the Operators of Lodging Businesses, to include, within the boundaries of the proposed Spokane County Tourism Promotion Area, the area within the jurisdiction of Spokane and Spokane Valley; and WHEREAS, the Board of Commissioners of Spokane County, has adopted a "Resolution of Intention to Establish a Spokane County Tourism Promotion ,AJe following a hearing to be held on the ~r~! day of Ch , 20 uant to the request of an Initiation Petition submitted by lie Operators of Lodging Businesses within Spokane County; and WHEREAS, on the qW-'? day of 2003, the County Clerk of the Board of County Commissioners of Spokane received an Initiation Petition authorized by RCW 35.101.020 from the Operators of Lodging Businesses located within Spokane County requesting the conduct of a public hearing by the Board of County Commissioners of Spokane County, pursuant to the authority of Engrossed Substitute Senate Bill No. 6026, for the purposes of considering the establishment of a Spokane County Tourisin Promotion Area to provide funds for tourism promotion in Spokane County; and ~dt WHEREAS, on the 43ed day of 4 79-Ad4h , 200/, the Board of County Commissioners of Spokane County, a opted a resolution entitled a "Resolution of Intention to Establish a Spokane County Tourism Promotion Area," for the promotion of tourism promotion within Spokane County, describing the boundaries of the proposed Spokane Cotitnty Tourism Promotion Area, the proposed uses and projects to which the proposed revenues from Special Assessments levied within the Spokane County Tourism Promotion Area would be dedicated and setting the proposed rates for the Special Assessments to be levied on Lodging Businesses to fund the uses and projects of the Spokane County Tourism Promotion Area, estimating the total cost for the proposed activities and programs for the use of funds received by the Spokane County Tourism Promotion Area, fixing the date, time and place of a public hearing to be held by the Board of County Commissioners of Spokane County to consider the establishment of such a Spokane County Tourism Promotion Area, and directing the giving of notice of such public hearing; and WHEREAS, Resolution No. el- O154Q, entitled A Resolution of Intention to F...stablish a Spokane County TouriSM Promotion Area for the promotion of tourism and convention business within Spokane County was duly published, and copies thereof were mailed to each Lodging Business in the proposed Spokane County Tourism :Promotion Area, as provided by law, and CADocuments and Settingstdcrickso%ocal SettingsUcmponry Internet Files\OLK14Crourism Promotion luterlocal Final.doc i i WHEREAS, the City Council of the City of Spokane and the City Council of the City of Spokane Valley have by appropriate legislative action, authorized the execution of an Interlocal Agreement with Spokane County to permit the establishment of a Spokane County Tourism Promotion Area to include collection of Special Assessments from Lodging Businesses within their respective jurisdictions, NOW, THEREFORE, for and in consideration of the promises set forth hereafter, Spokane County, Spokane and Spokane Valley hereby agree as follows: 1. Definitions. As used in this agreement, the following terms, unless the context otherwise dictates, shall have the following means: 1.1 "Agreement" shall mean this interlocal cooperation agreement between Spokane County, Spokane and Spokane Valley for the establishment of a Spokane County Tourism Promotion Area by Spokane County as authorized by Chapter 35.101.040 (2) RCW. 1.2 "Lodging Business" means a business located within the Spokane County Tourism Promotion Area that furnishes lodging taxable by the state under chapter 82.03 RCW that has forty (40) or more lodging units. 1.3 "Operator" means the Operator of a Dodging Business, whether i.n the capacity of owner, general manager, lessee, sub lessee, mortgagee in possession, license or any other similar capacity. 1.4 "Room Revenues" means the gross per-night-charge (nights of stay) imposed for the rental of a room or combination of rooms for Lodging. 1.5 "Special Assessment" means the levy (charge) imposed by Spokane County on the Operators of a Lodging Business within the Spokane County Tourism Promotion Area and subsequently passed on to the guests of the Lodging Business, Linder the authority of RCW 35.101.050 for the purpose of providing for funding of tourism promotion in Spokane County. 1.6. "Spokane Hotel-Motel Association" means the Spokane Hotel-Motel Association, Inc., a Washington non-profit corporation. 1.7 "Spokane Hotel and Motel Commission" means the Spokane Hotel and Motel Commission, established by Spokane County, whose members are appointed by the Board of County Commissioners of Spokane County, the City Council 'of the City of Spokane, and the City Council of The City of Spokane Valley to provide recommendations to the Board of County Commissioners of Spokane County on proposed uses and projects of the Spokane County Tourism Promotion Area; pursuant to the provisions of RCW 35.101.130 (1) as provided in this Agreement. CADocumcnts and Settingsbderickso\lxcal SettingslTempornry Internet Piles~01_1C14VI"ourism Promotion [nteriocal FinaLdoc l 1 1.3 "Spokane Metropolitan Area" means Spokane County, including the entire areas within the jurisdiction of Spokane and Spokane Valley and the unincorporated area of Spokane County. 1.9 "Spokane County Tourism Promotion Area" means the Tourism Promotion Area created by the resolution of the Board of County Commissioners of Spokane County pursuant to the authority of Chapter 35.101 RCW, as authorized by the resolutions of the City Council of the City of Spokane and the City Council of the Spokane Valley adopting the terms of this Agreement. 1.10 "TPA Manager" shall mean a tourism destination marking organization or other similar organization employed by the Board of County Commissioners to administer the operation of the Tourism Promotion Area. 1.11 "Tourism Promotion" means activities and expenditures designed to increase tourism. and convention business, including but not limited to, advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists, and operating tourism destination marketing organizations. 1.12 "Transient Basis" means the rental of a room or rooms for dwelling, lodging, or sleeping purposes by the Operator of a Lodging Business for a period of thirty (30) consecutive calendar days or less, counting a portion of a day as a full calendar day. 1.13 "Zone" or "Zones" means the distinct geographic subarea or subareas within the Spokane County Tourism Promotion Area as established by resolution of the Board of County Commissioners of Spokane County and as set forth in Exhibit "B" attached to this Agreement. 1.14 "Annual Budget" shall mean the Spokane County Tourism Promotion Area budget for a fiscal year, as adopted or amended by the Board of County Commissioners of Spokane County, after the receipt of a recommendation from the Spokane Hotel and Motel Commission, identifying all estimated revenue from Special Assessments for the fiscal year, and providing for all 'proposed uses of Special Assessment revenue for the purpose of providing tourism promotion in Spokane County for the ensuing fiscal year. 2. Tourism Promotion Area to be Established by Spokane County. A. It is hereby understood and agreed by Spokane County, Spokane and Spokane Valley that Spokane County, pursuant to the authority of Chapter 35.101.040 (2) RCW, shall establish a "Tourism Promotion Area" designated the Spokane County Tourism Promotion Area to include the unincorporated area of Spokane County and the entire area within the corporate limits of Spokane and Spokane Valley. B. It is hereby understood and agreed by Spokane County, Spokane, and Spokane Valley that the purpose of permitting the Board of County Commissioners and Spokane County CADocumetts and Settings\derickso\Local ScaingsVempot-my Intemet FileslOLKIATourism Proinodw 1ntexi0c4-11 Final.doc to form the Spokane County Tourism Promotion Area under RCW 35.101.040 (2) is to provide revenue to fund tourism promotion within Spokane County which will benefit the Operators of Lodging Businesses in Spokane County, Spokane and Spokane Valley. 3. Levy of Special Assessments on Lodging Businesses within the Spokane County Tourism Promotion Area. A. The Board of County Commissioners of Spokane County will levy Special Assessments on the Operators of Lodging Businesses within the Spokane County Tourism Promotion Area in accordance with the zones and levels of Special Assessments as set forth in Resolution No. B. It is understood and agreed by and between Spokane County, Spokane and Spokane Valley that the Spokane County Tourism Promotion Area shall include the following five (5) zones: Zone A. Lone A encompasses those Lodging Businesses located within the area of the incorporated city limits of the City of Spokane defined as follows: Downtown core bordered by Interstate 90 to the south, Hamilton Street to the east, Indiana Avenue to the north, and Monroe Street to the west. Zone B. Zone B encompasses those Lodging Businesses located within r ` the area of the incorporated city limits of Spokane and the City of. Spokane Valley except those Lodging .Businesses located in Zone A.. Zone C. Zone C encompasses all Lodging Businesses located outside Zones A and B, but within the unincorporated area of Spokane County. Zone D. Zone D encompasses all Lodging Businesses with room revenue under. $500,000 per year, situated within the Spokane County Tourism Promotion Area, regardless of their specific location. "Zone E. Zone E encompasses Lodging Businesses located within the Tourism Promotion Area, as that tenn is addressed in VAC 458-20-166 as it presently exists or may be hereinafter amended, other than hotels, motels, and bed and breakfast facilities. Lodging Businesses within this zone, as addressed in WAC 458-20-166, would include only (i) trailer camps and recreational vehicle parks which charge for the rental of space to transients for locating or parking house trailers, campers, recreational vehicles, mobile homes, and tents; (ii) educational institutions which sell overnight lodging to person other than students; (iii) private lodging houses, dormitories and bunkhouses operated by or on behalf of businesses and industrial firms or schools soley for the accommodation of employees of such firms or student which are not held out to- the public as a place where sleeping accommodations may be obtained; and (iv) guest ranches or summer- camps which, in addition to supplying meals and lodging , offer special recreational facilities and instruction in sports boating, CADocuments and SettingsIdeticksoUcal SettingATemporary Internet Files\OLK 14\Tourism Promotion Literlocal Final.doc l t riding, outdoor facilities and instruction in sports, boating, riding, and outdoor living. The charge(s) imposed under this section are not a tax on the "sale of lodging" for the purposes of RCW 82.14.410 C. It is understood and agreed by and between Spokane County, Spokane and Spokane Valley that the Operators of Lodging Businesses within the Spokane County Tourism Promotion Area operating in the above-described zones will be subject to Special Assessments to be levied as follows: Zone A: S 1.50 per room/day Zone B: 51.25 per rooin/day Zone C: S 1.00 per room/day Zone D: $0.50 per room/day Zone F: $0.00 per room or space /day D. Any change in the Special Assessment rates for any zone as set forth hereinabove shall be made only by amendment of the resolution by the Board of County Commissioners, with the approval of the City Council of the City of Spokane and the City Council of the City of Spokane Valley. No increase in the Special Assessment rates for any zone or change in the boundaries of any zone shall be made by the Board of County Commissioners of Spokane County except upon the affirmative recommendation of the Spokane Hotel and Motel Couunission. 4. Use of Special Assessment Revenues For the Promotion of Tourism and Convention Business in Spokane County. A. Tt is understood and agreed that all of the revenues from Special Assessments collected by Spokane County from Lodging Businesses within the jurisdiction of Spokane County, the City of Spokane, and the City of Spokane Valley shall be allocated by the Board of County Commissioners of Spokane County in accordance with the Annual Budget for the Spokane County Tourism Promotion Area. The Spokane Hotel and Motel Commission shall make a recommendation to the Board of County Cornnisstoners on all Annual Budgets. The Board of County Commissioners shall have the ultimate authority to set and approve all Annual Budgets. B. The revenues from the Special Assessments levied by Spokane County on the Operators of Lodging Businesses situated within the Spokane County Tourism Promotion Area shall be used for the following purposes only: i C:1Documents a,id SettutgsldcricksalLocal SettingslTempomryintemet Files\OLK141Tourism Promotion hjterlocal Finl.doc c i (1) The funding of all activities and expenditures designed to increase tourism promotion and convention business within Spokane County as specified in the Spokane County Tourism Promotion Area Budged. (2) The marketing of convention and business that benefit local tourism and the Lodging Businesses in Spokane County; and (3) The marketing of Spokane County to the travel industry in order to benefit local tourism and the lodging businesses situated within the Spokane County Tourism Promotion Area; and (4) The marketing of Spokane County to recruit ma~ior sporting events in order to promote local tourism and to benefit the Lodging Businesses within the Spokane County Tourism Promotion Area. 5. Establishment of the Spokane Hotel and Motel Commission. A. It is understood and agreed that the Board of County Commissioners of Spokane County shall, pursuant to the authority of RCW 35.101.130 (1) create an eleven (11) member Spokane Hotel and Motel Commission to advise the Board of County Commissioners of Spokane County on the expenditure of Special Assessment revenues by the Spokane County Tourism Promotion Area to fiord tourism promotion in Spokane County. ' 13. Members of the Spokane Hotel and Motel Commission shall be selected by the Board of County Commissioners of Spokane County, the City Council of Spokane and the City Council of Spokane Valley from a list of nominees prepared by the Spokane Motel and Motel Association. All nominees for membership on the Spokane Hotel and Motel Conunission must be Operators of Lodging Businesses within. Spokane County or employed by the Operator of such a Lodging Business. One ex officio member of the Commission maybe appointed from the members of the Board of Commissioners of Spokane County; one ex officio member may be appointed from the members of the City Council of the City of Spokane; and one ex officio member may be appointed from the members of the City Council of the City of Spokane Valley. Ex officio members of the Spokane Hotel-Motel Commission may participate in all discussions regarding proposed activities and programs by the Spokane County Tourism Promotion Area for the promotion and marketing of tourism in Spokane County but shall not have voting rights. C. The Board of County Commissioners of Spokane County shall appoint two members, and one ex officio member of the Spokane Hotel and Motel Commission, to represent the County of Spokane; the City Council of the City of. Spokane Valley shall appoint two members, and one e-i officio member, of the Spokane Hotel and Motel Commission to represent the City of Spokane Valley; and the City Council of the City of Spokane shall appoint four members, and one ex officio member, of the Spokane Hotel and Motel Commission to represent the City of Spokane. Any vacancy, on the Spokane Hotel and Motel Commission, arising from a resignation or other cause, shall be filled by the appointing agency, from the list of nominees prepared by the Spokane Hotel and Motel Association, within 30 days from the date the "vacancy occurs". CADocuments and Setdngsldericksoll ocai Settin&ATempormy Giteniet Fi1es101,K14\Tourism Promotion 6iterlocal Final.doc I, D. It is understood and agreed that the initial members of the Spokane Hotel and Motel Commission shall serve staggered terms, with one member serving a one-year term, two members serving for two-yeas terms, and three members serving for three-year terms. The length of the term for each individual member of the initial Spokane Hotel and Motel Commission shall be chosen by lot at the first meeting of the Commission. Thereafter, all members subsequently appointed to the Spokane Hotel and Motel Commission shall serve for three-year. terms. 5. Contract For Management of Spokane County Tourism Promotion Area. A. The Board of County Commissioners shall contract with a TPA Manager. The contract shall be awarded consistent with all applicable Spokane County laws, ordinances and regulations. The contract shall require the TPA Manager to comply with all applicable provisions of law, including RCW 35.101 et a1 and with all Spokane County resolutions and ordinances as well as all regulations lawfully imposed by the state auditor or other state agencies. B. The TPA Manager will be responsible for administering the activities and programs of the Spokane County Tourism Promotion Area and to prepare an Annual Budget for the Spokane County Tourism Promotion Area to be reviewed and approved by the Spokane Hotel and Motel Commission and submitted to the Board of County Commissioners of Spokane County on or before November 1" of each year. The TPA Manager shall also act as staff to the Spokane Hotel and Motel Commission in conjunction with assisting it in detern-iining what activities and programs to recommend for funding from the Special Assessments. C. The Annual Budget for the Spokane County Tourism Promotion Area shall consist of: (l) A list of the Lodging Businesses subject to Special Assessments and an estimate of the revenue to be received from all such Lodging Businesses; and (2) A. statement of the proposed budget for all Spokane County Tourism Promotion Area activities and programs recommended by the Spokane Hotel and Motel Commission to be funded from Special Assessments duriacy the ensuing fiscal year; and D. All Special Assessments received by Spokane County From the Washington State Department of Revenue and any interest therein shall be deposited by Spokane County in a special account. Payments to the TPA. Manager will be made as provided for in the agreement between the Spokane County and the'1PA manager. Provided, however, no Special Assessment shall be dispersed, in any fiscal year until after the adoption of that year's fiscal Annual Budget, Provided fiirther, Spokane County shall not expend in any fiscal year Special Assessments in excess of the approved fiscal Annual Budget. C_)Documents and SettingMcrickso\Local SettingsVremporary trrieinct Fiics\01,K Wrourisin Promotion interlocal Final.doc i ~ 7. Modification or Disestablishment of the Spokane County Tourism Promotion Area. A. The Board of County Commissioners of Spokane County, by appropriate action, may modify the provisions of the resolution establishing the Spokane County Tourism Promotion Area or provide for the disestablishment of the Spokane County Tourism Promotion Area, after adopting a resolution of intention to such effect. Such resolution of intention shall describe the change or changes proposed, or indicate that it is the intention to disestablish the Spokane County Tourism Promotion Area, and shall state the time and place of a public hearing to be held by the Board of County Commissioners of Spokane County to consider the proposed action. B. If the Operators of Lodging Businesses which pay over forty percent (40%) of the Special Assessments levied within the Spokane County Tourism Promotion Area file a petition with the Clerk of the Board of Spokane County Commissioners requesting the Board of County Conuuissioners of Spokane County to adopt a resolution of intention to modify or disestablish the Spokane County Tourism Promotion Area, the Board of County Commissioners of Spokane County shall adopt such resolution and act upon it as required by law. Signatures on such petition shall be those of a duly authorized representative of the Operators of Lodging Businesses in the Spokane County Tourism Promotion Area. In the event of failure on the part of the Board of County Commissioners to modify or disestablish the TPA the participating local governments reserve the right to withdraw from this agreement upon three (3) months notice to the other 1 participating local governments. C.. In the event the resolution proposes disestablishment of the Spokane County Tourism Promotion Area, the Board of County Commissioners of Spokane County shall disestablish the Spokane County Tourism Promotion Area; unless at such public hearing, protest against disestablishment is made by the Operators of Lodging Businesses paying over fifty percent (50%) of the Special Assessments in the Spokane County Tourism Promotion Area. 8. Miscellaneous Provisions: A. Duration and Termination of this Agreement. (1) This Agreement shall continue' in ftill force and effect until such tune as the Spokane County Tourism Promotion Area is disestablished by action of the Board of County Commissioners of Spokane County as provided in Section 7 above. (2) This agreement shall expire December 31, 2008, PROVIDED, it may be extended in increments of three years by consent of Spokane County, City of Spokane, and City of Spokane Valley, expressed either by resolution of the legislative body or written approval of its chief executive officer. The timing of such consent should be coordinated with the needs of the Washington State Department of Revenue. (3) following termination of this Agreement, Spokane County shall be responsible for utilizing any remaining unallocated revenue from Special Assessments for use for tourism promotion in Spokane County. B. Waiver. !No officer, employee, or agent of Spokane County, Spokane, or Spokane Valley has the power, right, or authority to waive any of the conditions or provisions of this Agreement. 1\To waiver of any breach of this Agreement by Spokane County, Spokane, or CADocucments and Settingskierickso\Lacal setiingsWemporary huemet Filesl0LKkffourism Promotion fnterlocal 1'snal.doc ( i Spokane Valley shall be held to be a waiver of any other or subsequent breach. Failure of Spokane County, Spokane, or Spokane Valley to enforce any of the provisions of this Agreement or to require performance of any of the provisions herein, shall in no way be construed to be a waiver of such conditions, nor in any way effect the validity of this Agreement or any part hereof, or the right of Spokane County, Spokane or Spokane Valley to hereafter enforce each and every such provision. C. Records. All records prepared, owned, used or retained by the TPA Manager in conjunction with operating or administering the activities and programs of the Spokane County Tourism Promotion Area as provided for under the terms of this Agreement shall be deemed records of Spokane County, Spokane, and Spokane Valley and shall be made available by the TPA Manager upon request to Spokane County, Spokane, or Spokane Valley, State Auditor or their authorized representatives.. D. Propcr_ty_ and Equipment. Spokane County Shall be the owner of all property and equipment purchased by the TPA Manager from Special Assessment Revenues. Provided,. however, in the event of the termination of the Agreement with the TPA Manager, Spokane County agrees to make the property and/or equipment available to die successor TPA Manager for its use in conjunction with providing similar services. Provided fiirther, in the event of disestablisluiaent of the Spokane County Tourism Promotion Area, all property and equipment purchased by the TPA Manager from Special Assessment Revenues shall be retained by Spokane County and used for any lawful purpose. F. IntegEation. 17his Agreement contains all of the terms and conditions agreed upon by Spokane County, Spokane, and Spokane Valley concerning the establishment of the Spokane County Tourism Promotion Area by the Board of County Commissioners of Spokane County and the collection of Special Assessments from Operators of Lodging Businesses within the entire area, including the area within the jurisdictions of Spokane and Spokane Valley. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. Tlie parties have read and understand all of this Agreement, and now state that no representation, promise, or agreement not expressed in this Agreement has been made to induce the officials of Spokane County, Spokane, or Spokane Valley to execute this Agreement. F. Severability. In the event any provision of this Agreement shall be declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not, in any way, be effected or impaired thereby. G. Execution of Agreement. This Agreement shall become effective it unediately after it is duly adopted by the Board of County Commissioners of Spokane County, the City Council of Spokane, and the City Council of Spokane Valley and shall be filed with the County Auditor of Spokane County, the City Clerk of Spokane, and the City Clerk of Spokane Valley, and the Secretary of State of the State of Washington. 11. Liti~ ation: In the event litigation is brought against the TPA or any party to this _ Agreement the TPA Manager shall' cause legal counsel to be employed for the purpose of CADocuments and SettingsXdcHckso\Local SettinoTemporary Internet PilesIOLKH\Tourisin Promotion Imerlocol Final.doc f• { defending or prosecuting the matter. The cost of the legal counsel shall be paid by the TPA. The parties reserve the right to monitor and participate in any litigation as solely determined by the party. ]IN `Vll IIESS WHEREOF, the City of Spokane, the City of Spokane Valley, and Spokane County have executed this Agreement by their duly authorized officials pursuant to all requirements of law. BOARD OF COUNTY COM USSIOrTERS OF CO,y!=i~IS~! Co' By: a A ate; ~t -fjl& , cc(2 seal.-. By: - By- Clerk of the Board Approve as to j f Chi .f evil Deputy Prosecuting Attorney CITY F SPQ E By: ~puty Mayor Attest: City Clerk p Off, Approved as to form: tri L2fiS?`' City Attorney 9 S GTO CADocuments and Settingsltcrripll..ocal Settingffemp0try Internet Piles10LK131Touri5m Promotion lnteriocal Pinal.docPagge 11 of 12' ri CITY ONE SPOKANE VALLEY B• David R. Me ier, City Manager Attes Lu-~ /~c ~Cfi-ristine Bainhri ge, City Clerk i--kpproved as to f,rrn, J~ Cary P. Dri e] t Attorney _1, Deputy VSV-FS111JserslebainbridgelcbainbridgclContracls & AgreemenislToetrism Promotion Intedocal Final.doc Page 12 of 12 i AMENMED INTERLOCAL COOPERATION ACT AGREEMENT FOR ESTABLISHMXNT OF SPOKANE COUNTY TOURISM PROMOTION AREA THIS AGREEMENT ("Agreement") dated this day of , 2007, is made and entered into by and among SPOKANE COUNTY, a Class A county of the State of Washington ("Spokane County"); the CITY OF SPOKANE, a municipal corporation of the State of Washington ("Spokane"); and the CITY OF SPOKANE VALLEY, a municipal corporation of the State of Washington (`'Spokane Valley"), pursuant to the authority of chapter 39.34 RCW and Engrossed Substitute Senate Bill No. 6026 authorizing the establishment of a Tourism Promotion Area to levy Special Assessments to find tourism promotion. W11 iNESST'TI-I: WHEREAS, pursuant to the provisions of the Reviscd Code of Washington, the Board of County Commissioners of Spokane County has the care of county property and the management of county funds arid business; and WITirREAS, the 2003 State Legislature of the State of Washington has recognized the importance of tourism promotion in the State of Washington and passed Engrossed Substitute Senate Bill No. 6026 authorizing the establishment of a Tourism Promotion Area by a county to permit the levy of Special Assessments to fund tourism promotion; and i 1 WHEREAS, the Operators of Lodging Businesses within the County of Spokane have presented an Initiation Petition to Spokane County seeking to have the Board of County Commissioners of Spokane County establish a Spokane County Tourism Promotion Area, specifically including the areas within the jurisdiction of Spokane and Spokane Valley, pursuant to the tenns of Engrossed Substitute Senate Bill No. 6026; and WHEREAS, the Initiation Petition submitted to the Board of County Commissioners of Spokane County, Exhibit "A" attached to this Agreement, included: (1) A description of the boundaries of the proposed Spokane County Tourism Promotion Area, including the areas within the jurisdiction of Spokane and Spokane Valley; and (2) The proposed uses and projects for which the proposed revenue from the Special Assessments levied by the Spokane County Tourism Promotion Area would be dedicated, and the total estimated costs of such uses; and (3) Tile estimated rate for the Special Assessments to be levied on Lodging Businesses ut various Zones within the Spokane County Tourism Promotion Area; and (4) Tlie signatures of the persons who operate Lodging Businesses in the proposed Spokane County Tourism Promotion Area who would pay over sixty percent (60%) of the proposed Special Assessments levied within the area. Amended Tourism Promotion interlocal Page l of 10 WHEREAS, the Board of County Commissioners of Spokane County has the authority pursuant to the terms of Engrossed Substitute Senate Bill No. 6026, to enter into an Interlocal Agreement with Spokane and Spokane Valley to establish a Tourism Promotion Area, pursuant to the provisions of the Initiation Petition received from the Operators of Lodging Businesses, to include, within the boundaries of the proposed Spokane County Tourism Promotion Area, the area within the jurisdiction of Spokane and Spokane Valley; and WHEREAS, the Board of Commissioners of Spokane County, has adopted a "Resolution of intention to Establish a Spokane County Tourism Promotion Area," following a hearing to be held on the 2nd day of March, 2004; pursuant to the request of an initiation Petition submitted by the Operators of Lodging Businesses within Spokane County; and WHEREAS, on the 4'u' day of November, 2003, the County Clerk of the Board of County Commissioners of Spokane received an Initiation Petition authorized by RCW 35.101.020 from the Operators of Lodging Businesses located within Spokane County requesting the conduct of a public hearing; by the Board of County Commissioners of Spokane County, pursuant to the authority of Engrossed Substitute Senate Bill No. 6026, for the purposes of considering the establishment of a Spokane County "Tourism Promotion Area to provide funds for tourism promotion in Spokane County; and WHEREAS, on the 2"d day of March, 2004, the Board of County Commissioners of Spokane County adopted a resolution entitled a "Resolution of intention to Establish a Spokane County Tourism Promotion Area," for the promotion of tourism promotion within Spokane County, describing the boundaries of the proposed Spokane County Tourism Promotion Area, the proposed uses and projects to which the proposed revenues from Special Assessments levied within the Spokane County Tourism Promotion Area would be dedicated and setting the proposed rates for the Special Assessments to be levied on Lodging Businesses to fund the uses and projects of the Spokane County Tourism Promotion Area, estimating the total cost for the proposed activities and programs for the use of funds received by the Spokane County Tourism Promotion Area, fixing the date, time and place of a public hearing to be held by the Board of County Commissioners of Spokane County to consider the establishment of such a Spokane County Tourism Promotion Area, and directing the giving of notice of such public hearing; and WHEREAS, Resolution No. 4-0140, entitled A Resolution of Intention to Establish a Spokane County Tourism Promotion Area for the promotion of tourism and convention business within Spokane County was duly published, and copies thereof were mailed to each Lodging Business in the proposed Spokane County Tourism Promotion Area, as provided by law, and NWIEREAS, the City Council of the City of Spokane and the City Council of the City of Spokane Valley have by appropriate legislative action, authorized the execution of an Amended Interlocal Agreement with Spokane County to pen-nit tile establishment of a Spokane County Tourism Promotion Area to include collection of Special Assessments From Lodging Businesses within their respective jurisdictions, NTOW, THEREFORE, for and in consideration of the promises set forth hereafter, Spokane County, Spokane and Spokane Valley hereby agree as follows: 1. Definitions. As used in this agreement; the following terms, unless the context otherwise dictates, shall have the following means: Amended Tourism Promotion Interlocal Page 2 of 10 1.1 "Agreement" shall mean this interlocal cooperation agreement between Spokane County, Spokane and Spokane Valley for the establishment of a Spokane County Tourism Promotion Area by Spokane County as authorized by Chapter 35.101.040 (2) RCW. 1.2 "Lodging Business" means a business located within the Spokane County Tourism Promotion Area that furnishes lodging taxable by the state under chapter 82.08 RCW that has forty (40) or more lodging units. 1.3 "Operator" means the Operator of a Lodging Business, whether in the capacity of owner, general manager, lessee, sub lessee, mortgagee in possession, license or any other similar capacity. 1.4 "Room Revenues" means the gross per-night-charge (nights of stay) imposed for the rental of a room or combination of rooms for Lodging. 1.5 "Special Assessment" means the levy (charge) imposed by Spokane County on the Operators of a Lodging Business within the Spokane County Tourism Promotion Area and subsequently passed on to the guests of the lodging Business, under the authority of RCW 35.101.050 for the purpose of providing for finding of tourism promotion in Spokane County. 1.6. "Spokane Hotel-Motel Association" means the Spokane Hotel-Motel Association, inc., a Washington non-profit corporation. 1.7 "Spokane Hotel and Motel Commission" means the Spokane Hotel and Motel Commission, established by Spokane County, whose members are appointed by the Board of County Commissioners of Spokane County, the City Council of the City of Spokane, and the City Council of the City of Spokane Valley to provide recommendations to the Board of County Commissioners of Spokane County on proposed uses and projects of the Spokane County Tourism Promotion Area; pursuant to the provisions of RCW 35.101.130 (1) as provided in this Agreement. 1.8, "Spokane Metropolitan Area" means Spokane County, including the entire areas within the jurisdiction of Spokane and Spokane Valley and the unincorporated area of Spokane County. L9 "Spokane County Tourism Promotion Area" means the Tourism Promotion Area created by the resolution of the Board of County Commissioners of Spokane County pursuant to the authority of Chapter 35.101 RCW, as authorized by the resolutions of the City Council of the City of Spokane and the City Council of the Spokane Valley adopting the tenns of this Agreement. 1.10 "TPA Manager" shall mean a tourism destination marking organization or other similar organization employed by the Board of County Commissioners to administer the operation of the `tourism Promotion Area. t.11 "Tourism Promotion" means activities and expenditures designied to increase tourism and convention business, including but not limited to, advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists, and operating tourism destination marketing organizations. Amended Tourism Promotion interlocal Page 3 of 10 1.12 "Transient Basis" means the rental of a room or rooms for dwelling, lodging, or sleeping purposes by the Operator of a Lodging Business for a period of thirty (30) consecutive calendar days or less, counting a portion of a day as a full calendar day. 1.13 "Zone" or "Zones" means the distinct geographic subarea or subareas within the Spokane County Tourism Promotion Area as established by resolution of the Board of County Commissioners of Spokane County and as set forth in Uiibit'B" attached to this Agreement. 1.14 "Annual Budget" shall mean the Spokane County Tourism Promotion -A.rea budget for a fiscal year, as adopted or amended by the Board of County Commissioners of Spokane County, after the receipt of a recommendation from the Spokane Hotel and Motel Commission, identifying all estimated revenue from Special Assessments for the fiscal year, and providing for all proposed uses of Special Assessment revenue for the purpose of providing tourism promotion in Spokane County for the ensuing fiscal year. 2. Tourism Promotion Area to be Established by Spokane County. A. It is hereby understood and agreed by Spokane County, Spokane and Spokane Valley that Spokane County, pursuant to the authority of Chapter 35.101.040 (2) RCW, shall establish a "Tourism Promotion Area" designated the Spokane County Tourism Promotion Area to include the unincorporated area of Spokane County and the entire area within the corporate limits of Spokane and Spokane Valley. B. It is hereby understood and agreed by Spokane County, Spokane, and Spokane Valley that the purpose of permitting the Board of County Commissioners and Spokane County to form the Spokane County Tourism Promotion Area under RCW 35.101.040 (2) is to provide revenue to fund tourism promotion within Spokane County which will benefit the Operators of Lodging Businesses in Spokane County, Spokane and Spokane Valley. 3. Levy of Special Assessments on Lodging Businesses within the Spokane County Tourism Promotion Area. A. Tlie Board of County Commissioners of Spokane County will levy Special Assessments on the Operators of Lodging Businesses within the Spokane County Tourism Promotion Area in accordance with the zones and levels of Special Assessments as set forth in Resolution No. 4-0140. B. It is understood and agreed by and between Spokane County, Spokane and Spokane Valley that the Spokane County`Fourism Promotion Area shall include the following five (5) zones: Zone A. Zone A encompasses those Lodging Businesses located within the area of the incorporated city limits of the City of Spokane defined as follows: Downtown core bordered by Interstate 90 to the south, Hamilton Street to the east, Indiana Avenue to the north, and Monroe Street to the west. Zone B. Zone B encompasses those Lodging Businesses located within the area of the incorporated city limits of Spokane and the City of Spokane Valley except those Lodging Businesses located in Zone A. Zone C. Zone C encompasses all Lodging Businesses located outside Zones A and B, but within the unincorporated area of Spokane County. Amended Tourism Promotion Interlocal Page 4 of 10 Zone D. 'Lone D encompasses all Lodging Businesses with room revenue under _ $500,000 per year, situated within the Spokane County Tourism Promotion Area, regardless of their specific location. Zone E. Zone E encompasses Lodging Businesses located within the Tourism Promotion Area, as that term is addressed in WAC 458-20-166 as it presently exists or may be hereinafter a.mendcd, other than hotels, motels, and bed and breakfast facilities. Lodging Businesses within this zone, as addressed in WAC 458-20-166, would include only (i) trailer camps and recreational vehicle parks which charge for the rental of space to transients for locating or parking house trailers, campers, recreational vehicles, mobile homes, and tents; (ii) educational institutions which sell overnight lodging to person other than students; (iii) private lodging houses, dormitories and bunkhouses operated by or on behalf of businesses and industrial firms or'schools solely for the accommodation of employees of such firms or student which are not held out to the public as a place where sleeping accommodations may be obtained; and (iv) guest ranches or summer camps which, in addition to supplying metals and lodging , offer special recreational facilities and instruction in sports boating, riding, outdoor facilities and instruction in sports, boating, riding, and outdoor living. The charge(s) imposed under this section are not a tax on the "sale of lodging" for the purposes of RCW 82.14.410 C. It is understood and agreed by and between Spokane County, Spokane and Spokane Valley that the Operators of Lodging Businesses within the Spokane County Tourism Promotion Area operating in the above-described cones will be subject to Special Assessments to be levied as follows: "Lone A: $1.50 per room/day Lone B: $1.25 per room/day Zane C: $1.00 per roona/day Zone D: $0.50 per room/day Zone E: $0.00 per roorn or space /day D. Any change in the Special Assessment rates for any zone as set forth hereinabove shall be made only by amendment of the resolution by.the Board of County Commissioners, with the approval of the City Council of the City of Spokane and the City Council of the City of Spokane Valley. No increase in the Special Assessment rates for any zone or change in the boundaries of any -none shall be made by the Board of County Commissioners of Spokane County except upon the affirmative recommendation of the Spokane Motel and Motel Commission. 4. Use of Special Assessment Revenues For the Promotion of Tourism and Convention Business in Spokane Counh'. A. Tt is understood and agreed that all of the revenues from Special Assessments collected by Spokane County from Lodging Businesses within the jurisdiction of Spokane County, the City of Spokane, and the City of Spokane Valley shall be allocated by the Board of County Commissioners of ~J Spokane County in accordance with the Annual Budget for the Spokane County Tourism Promotion Area. The Spokane Hotel and Motel Commission shall make a recommendation to the Board of County Amended "Tourism Promotion Interlocal Page 5 of 10 Commissioners on all Annual Budgets. The Board of County Commissioners shall have the ultimate authority to set and approve all Annual Budgets. B. The revenues from the Special Assessments levied by Spokane County on the Operators of Lodging Businesses situated within the Spokane County Tourism Promotion Area shall be used for the following purposes only: (1) The funding of all activities and expenditures designed to increase tourism promotion and convention business within Spokane County as specified in the Spokane County Tourism Promotion Area budget. (2) The marketing of convention and business that benefit local tourism and the Lodging Businesses in Spokane County; and (3) The marketing of Spokane County to the travel industry in order to benefit local tourism and the lodging businesses situated within the Spokane County Tourism Promotion Area; and (4) The marketing of Spokane County to recruit major sporting events in order to promote local tourism and to benefit the Lodging Businesses within the Spokane County Tourism Promotion Area. 5. Establishment of the Spokane Hotel and Motel Commission. A. It is understood and agreed that the Board of County Commissioners of Spokane County shall, pursuant to the authority of 1ZCW 35.101.130 (1) create an eleven (11) member Spokane Hotel and Motel Commission to advise the Board of County Commissioners of Spokane County on the expenditure of Special Assessment revenues by the Spokane County Tourism Promotion Area to fund tourism promotion in Spokane County. B. Members of the Spokane Hotel and Motel Commission shall be selected by the Board of County Commissioners of Spokane County, the City Council of Spokane and the City Council of Spokane Valley from a list of nominees prepared by the Spokane Hotel and Motel Association. All nominees for membership on the Spokane Hotel and Motel Commission must be Operators of Lodging [businesses within Spokane County or employed by the Operator of such a Lodging Business. One ex officio member of the Commission may be appointed from the members of the Board of Commissioners of Spokane County; one ex officio member may be appointed from the members of the City Council of the City of Spokane; and one ex officio member may be appointed from the members of the City Council of the City of Spokane Valley. Ex officio members of the Spokane Hotel-Motel Commission may participate in all discussions regarding proposed activities and programs by the Spokane County Tourism Promotion Area for the promotion and marketing of tourism in Spokane County but shall not have voting rights. C. The Board of County Commissioners of Spokane County shall appoint hvo members, and one ex officio member of the Spokane Hotel and Motel Commission, to represent the County of Spokane; the City Council of the City of Spokane Valley shall appoint two members, and one ex officio member, of the Spokane Hotel and Motel Commission to represent the City of Spokane Valley and the City Council of the City of Spokane shall appoint four members, and one ex officio member, of the Spokane Hotel and Motel Commission to represent the City of Spokane. Any vacancy, on the Spokane Hotel and Motel _ Commission, arising from a resignation or other cause, shall be filled by the appointing agency, from the % Amended Tourism Promotion tnterlocal Page 6 of 10 1 list of nominees prepared by the Spokane Hotel and Motel Association, within 30 days from the date the '`vacancy occurs". D. It is understood and agreed that the initial members of the Spokane Hotel and Motel Commission shall serve staggered terms, with one member serving a one-year term, two members serving for two-year terns, and three members serving for three-year terns. The length of the term for each individual member of the initial Spokane Hotel and Motel Commission shall be chosen by lot at the first meeting of the Commission. Thereafter, all members subsequently appointed to the Spokane Hotel and Motel Commission shall serve for three-year terms. 6. Contract For Management of Spokane County Tourism Promotion Area. A. The Board of County Commissioners shall contract with a TPA Manager. The contract shall be awarded consistent with all applicable Spokane County laws, ordinances and regulations. The contract shall require the TPA Manager to comply with all applicable provisions of law, including RCW 35.101 et al and with all Spokane County resolutions and ordinances as well as all regulations lawfully imposed by the state auditor or other state agencies. B. The TPA Manager will be responsible for administering the activities and programs of the Spokane County Tourism Promotion Area and to prepare an Annual Budget for the Spokane County Tourism Promotion Area to be reviewed and approved by the Spokane Hotel and Motel Commission and submitted to the Board of County Commissioners of Spokane County on or before November lu of each year. The TPA Manager shall also act as staff to the Spokane I-lotel and Motel Commission in conjunction with assisting it in determining what activities and programs to recommend f.'or funding from 1 the Special Assessments. C. The Annual Budget for the Spokane County Tourism Promotion Area shall consist of., (1) A list of the Lodging Businesses subject to Special Assessments and an estimate of the revenue to be received from all such Lodging Businesses; and (2) A statement of the proposed budget for all Spokane County Tourism Promotion Area activities and programs recommended by the Spokane FTotel and Motel Commission to be funded fiom Special Assessments during the ensuing fiscal year; and D. All Special Assessments received by Spokane County from the Washington State Department of Revenue and any interest therein shall be deposited by Spokane County in a special account. Payments to the TPA Manager will be made as provided for in the agreement between the Spokane County and the TPA manager. Provided, however, no Special Assessment shall be dispersed in any fiscal year until after the adoption of that year's fiscal Annual Budget, Provided further, Spokane County shall not expend in any fiscal year Special Assessments in excess of the approved fiscal Annual Budget. 7. Modification or Disestablishment of the Spokane County Tourism Promotion Area. A. The Board of County Commissioners of Spokane County, by appropriate action, may modify the provisions of the resolution establishing the Spokane County Tourism Promotion Area or provide for the disestablishrnent of the Spokane County Tourism Promotion Area, after adopting a resolution of intention to such effect. Such resolution of intention shall describe the change or changes proposed, or indicate that it is the intention to disestablish the Spokane County Tourism Promotion Area, Amended Tourism Promotion htterlocal Page 7 of 10 and shall state the time and place of a public hearing to be held by the Board of County Commissioners of ; - Spokane County. to consider the proposed action. B. If the Operators of Lodging Businesses which pay over forty percent (40%) of the Special Assessments levied within the Spokane County Tourism Promotion Area file a petition with the Clerk of the Board of Spokane County Commissioners requesting the Board of County Commissioners of Spokane County to adopt a resolution of intention to modify or disestablish the Spokane County Tourism Promotion Area, the Board of Country Commissioners of Spokane County shall adopt such resolution and act upon it as required by law. Signatures on such petition shall be those of a duly authorized representative of the Operators of Lodging Businesses in the Spokane County Tourism Promotion Area. In the event of failure on the part of the Board of County Commissioners to modify or disestablish the TPA the participating local governments reserve the right to withdraw from this agreement upon three (3) months notice to the other participating local governments. C.. In the event the resolution proposes disestablishment of the Spokane County Tourism Promotion Area, the Board of County Commissioners of Spokane County shall disestablish the Spokane County Tourism Promotion Area; unless at such public hearing, protest against disestablishment is made by the Operators of Lodging Businesses paying over fifty percent (50%) of the Special Assessments in the Spokane County Tourism Promotion Area. 8. Miscellaneous Provisions: A. Duration and Termination of this Agreement. (1) This Agreement shall continue in full force and effect until such time as the Spokane County Tourism Promotion Area is disestablished by action of the Board of County Commissioners of Spokane County as provided in Section 7 above. (?a his agreement . _ -ekher- r-e r .:..e effieeF. The J awd -Aiththe need3-eP-the . (2) Following termination of this Agreement, Spokane County shall be responsible for utilizing any remaining unallocated revenue from Special Assessments for use for tourism promotion in Spokane County. B. Waiver. No officer, employee, or agent of Spokane County, Spokane, or Spokane Valley has the power, right., or authority to waive any of the conditions or provisions of this Agmeement. No waiver of any breach of this Agreement by Spokane County, Spokane, or Spokane Valley shall be held to be a waiver of any other or subsequent breach. Failure of Spokane County, Spokane, or Spokane Valley to enforce any of the provisions of this Agreement or to require peifonnance of any of the provisions herein, shall in no way be construed to be a waiver of such conditions, nor in any way effect the validity of this Agreement or any part: hereof, or the right of Spokane County, Spokane or Spokane Valley to hereafter enforce each and every such provision. C. Records. All records prepared, owned, used or retained by the TPA Manager in conjunction with operating or administering the activities and programs of the Spokane County Tourism Promotion Area as provided for under the terns of this Agreement shall be deemed records of Spokane County, Spokane, and Spokane Valley and shall be made available by the TPA Manager upon request to Spokane County, Spokane, or Spokane Valley, State Auditor or their authorized representatives.. D. Property and Equipment. Spokane County Shall be the owner of all property and equipment purchased by the TPA Manager from Special Assessment Revenues. Provided, however, in the event of the termination of the Agreement with the TPA Manager, Spokane County agrees to make Amended Tourism Promotion Tnterlocal Page 8 of 10 the property and/or equipment available to the successor TPA Manager for its use in conjunction with providing similar services. Provided further, in the event of disestablishment of the Spokane County Tourism Promotion Area, all property and equipment purchased by the TPA Manager from Special Assessment Revenues shall be retained by Spokane County and used for any lawful purpose. F. Tnte ration. This Agreement contains all of the terms and conditions agreed upon by Spokane County, Spokane, and Spokane Valley concerning the establishment of the Spokane County Tourism Promotion Area by the Board of County Commissioners of Spokane County and the collection of Special Assessments from Operators of Lodging Businesses within the entire area, including the area within the jurisdictions of Spokane and Spokane Valley. No other understandings, oral or otherwise, regarding the subiect matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. The parties have read and understand all of this Agreement, and now state that no representation, promise, or agreement not expressed in this Agreement has been made to induce the officials of Spokane County, Spokane, or Spokane Valley to execute this Agreement. F. Seyerability. In the event any provision of this Agreement shall be declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. G. Execution of Agreement. This Agreement shall become effective immediately after it is duly adopted by the Board of County Commissioners of Spokane County, the City Council of Spokane, and the City Council of Spokane Valley and shall be filed with the County Auditor of Spokane County, the City Clerk of Spokane, and the City Clerk of Spokane Valley, and the Secretary of State of the State of Washington. W. Litigation. In the event litigation is brought against the TPA or any party to this Agreement, the TPA Manager shall cause legal counsel to be employed for the purpose of defending or prosecuting the matter. The cost of the legal counsel shall be paid by the TPA. The parties reserve the right to monitor and participate in any litigation as solely determined by the party. IN WITNESS WHEREOF, the City of Spokane, the City of Spokane Valley, and Spokane County have executed this Agreement by their duly authorized officials pursuant to all requirements of law. BOARD OF COUNTY COIN M[SSIONERS By: By: By: Attest: Clerk of the Board Approved as to forni: Chief Civil Deputy Prosecuting Attorney Amended Tourism Promotion Interlocal Page 9 of 10 CM OF SPOKANE; By: Mayor Attest: City Clerk Approved as to form: City Attorney CITY OF SPOKANE VALLEY By: David R. Mercier, City Manager Attest: Christine Bainbridge, City Clerk Approved as to form: Office of the City Attorney Amended Tourism Promotion lnterlocal Page 10 of 10 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 11, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report . ® pending legislation AGENDA ITEM TITLE: Site Selector Agreement GOVERNING LEGISLATION: NA PREVIOUS COUNCIL ACTION TAKEN: Administrative report made to Council on October 3, 2006 by the Spokane Area Economic Development Council (EDC); informational item presented to Council on October 24, 2006; Demonstration to Council on May 8, 2007. Progress report presented to Council on December 4, 2007. BACKGROUND: The Spokane Area EDC previously asked the City to participate in the site- selector tool project for a period of three years. This tool was promoted as a way of enhancing economic development marketing efforts in the region, according to the EDC. Council agreed to fund the project for one year (2007-the second year of the project) and asked the EDC and project team to report back at the end of the year with the progress and success of the tool, before deciding on future funding. The team presented the progress report to Council on December 4, 2007. OPTIONS: Agree to participate in the site selector tool project for the period of 2008; Decide to discontinue participation. RECOMMENDED ACTION OR MOTION: Authorize the City Manager to execute Amendment No. 1 to Agreement for the Spokane Regional Site Selector BUDGET/FINANCIAL IMPACTS: $21,000 budgeted in 2008. STAFF CONTACT: Morgan Koudelka, Administrative Analyst ATTACHMENTS: Amended site selector agreement a' Amendment #l. OG RD# 106843 by and between WASITIINTGTON STATE UNI=VERSITY, SPOKA F, COUNTY, CITY O>H SPOKANF,, AVISTA CORPORATION, and the SPOKANE AREA ECONONUC DEVELOPMENT COUNCIL, (hereinafter, "Parties") WHEREAS- An Agreement was entered into on the 14th day of July, 2006, with a performance period commencing July 14, 2006 and tenninating December 3 I, 2008. NOW THE EhORE: All parties desire to continue the collaboration and amend the Agreement as follows: Due to integration with the Spokane Regional Chamber of Commerce, the Spokane Area Economic Development Council is now known as Greater Spokane Incorporated. As Permitted in Section 4(A) the Parties agree to add the City of Spokane Valley as a public sector Consortium member. As an added party to this Agreement, the City of Spokane Valley agrees to and will be held to all teens and conditions of this Agreement. The City of Spokane Valley will contribute to the costs of the Spokane Area Site Selector as set forth below in the revised Table 1. These additional funds shall not increase the project's budget, but instead will revise the other public sector commitments for years two and three as follows: Table 1. Public Sector Shares Based on WA OFM Population Estimates Year Spokane City of City of City of Private Yearly County Spokane Liberty Spokane Sector Project Lake Vallev Totals Year 1 $39,545.90 $58,053.27 $1,317.82 0 $101000.00 $108,908.01 Year 2 $24,078.54 $39,333.88 $1,132.60 $20,305.93 $10,000.00 $94,851.00 Year 3 $24,078.54 $39,333.88 $1,132.60 $20,305.98 $10,000.00 $94,851.00 Small City Membership. All small city members that join will be represented and managed (including annual billing) through Greater Spokane Inc. Appendix 13 has been revised to include the City of Spokane Valley as a public sector Consortium member and to change the name of the Spokane Area Economic Development Council to Greater Spokane Incorporated. All other teens and conditions of the original agreement and any and all amendments thereto remain in full effect. IN WITNFSS WHEREOF: DATED this day of , 2007. CITY OF SPOKANE VALLEY David Mercier, City Manager ATTEST: Cluistine Bainbridge, City Clerk APPROVED AS TO FORM ONLY: Office o{' the City Attorney J ' !o- Oslo 7 AGREEMENT FOR THE SPOKANE REGIONAL SITE SELECTOR THIS AGREEMENT, made and entered into by and among WASHINGTON STATE UNIVERSITY, an institution of higher education and an agency of the State of Washington, having offices for the transaction of business at P.O. Box 643140, Pullman, WA 99202, hereinafter referred to as "University", SPOKANE COUNTY, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "County," the CITY OF SPOKANE, a municipal corporation of the State of Washington, having offices for the transaction of business at 808 West Spokane Falls Boulevard., Spokane, Washington 99201, hereinafter referred to as "City" and AVISTA CORPORATION dba Avista Utilities, a corporation organized under the laws of the State of Washington, having offices for the transaction of business at 1411 East Mission Avenue, Spokane, Washington 99220-3727, hereinafter referred to as "Avista", and the SPOKANE AREA ECONOMIC DEVELOPMENT COUNCIL, a federal 501 c (6) entity, defined as a business league as an association of persons having common business interest whose purposes is to promote the common business interest, having offices for the transaction of business at 801 West Riverside Avenue, Suite 302, Spokane, Washington 99201, hereinafter referred to as "SAEDC jointly hereinafter referred to as the "Parties." WITNESSETH: WHEREAS pursuant to the provisions of RCW 36.32.120(6), the Spokane County . Board of County Commissioners has the care of County property and the management of County funds and business; and WHEREAS, it is in the interests of the Parties to mutually participate in this project; NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter, the Parties do mutually agree as follows: 1. ESTABLISHMENT OF SPOKANE REGIONAL SITE SELECTOR CONSORTIUM: The Parties hereby establish the Spokane Regional Site Selector Consortium (hereinafter referred to as the "Consortium") as described on Appendix B. The purpose of the Consortium is to establish a community partnership that facilitates development of an economic development web site. The Consortium Oversight Committee (see (5B) below) establishes the responsibilities of each Consortium member with regards to the implementation and the maintenance of the Spokane Regional Site Selector application and associated data and establishes the financial commitment of each Consortium member to the Spokane Regional Site Selector. The Consortium's purpose is also to ensure the products of the Consortium are effective and useful. 1 2. ESTABLISHMENT OF GIS WEB BASED SITE. SELECTOR: The. purpose of this Agreement is the establishment a GIS web enabled site selector tool for use in attracting and retaining companies in the region. In order to meet growing demands for immediate access to data that site selectors require, as well as to assist the SAEDC in preparing proposals for prospective clients, it is proposed that the Consortium will purchase an off-the-shelf site selector application from GIS Planning Inc. For clarification purposes, this is NOT the State of Washington's limited version of a GIS Planning web-based site selection tool. This is expressly about the GIS Planning Inc. tool that has been under study by the Spokane Regional Site Selector Consortium. Support for this tool and its implementation and local maintenance will be provided by University, with University faculty leading and supervising these efforts as further described in Section 5C. 3. OVERVIEW OF SPOKANE REGIONAL SITE SELECTOR: The Spokane Regional Site Selector project establishes a GIS based Site Selector website which allows citizens and businesses access to available commercial properties, business locations, land based GIS information, demographic and market information. The Spokane Regional Site Selector website will be a resource to local and imported businesses and regional economic development. The project leverages the communities' existing investments in GIS to foster economic development, empower developers and investors with information, and improve regional economic development capacity. The site selector data layers and functionality are identified in Appendix A. 4. CONSORTIUM MEMBER COMMITMENTS FOR THE SITE SELECTOR: A. The Consortium is an open group of public and private organizations committed to the creation and ongoing maintenance of the Spokane Regional Site Selector. As an open consortium, it can be expanded to include new members and will actively solicit new members during its existence. There are two types of Consortium members, public sector organizations and private sector organizations. New public sector members of the Consortium with populations above 20,000 will be added by amendment to this agreement. All other public sector members will be categorized as small communities. New private sector members will be managed by SAEDC as further described in Section 4B. To host locally relevant infrastructure and land management information on the Spokane Regional Site Selector, an agency must be a member of the Consortium. Consonant with the membership types, there are two models for the distribution of costs to support the Spokane Area Regional Site Selector, as described in Sections 413 and 4C. B. PUBLIC SECTOR FUNDING COMMITMENTS: The distribution of costs for Public Sector organizations will 'be based on the official annual population count as defined by the Washington State Office of Financial Management for the geographic area that public sector organization serves; for instance, the City of Spokane's percentage share is based on its 2 population share of the entire county's population. Spokane County's share is County population less that of the incorporated areas 'and so forth. This arrangement will be revisited annually through budgetary analysis and can be modified by an amendment to this agreement. The distribution of costs presented in Table 1.0 below details the existing consortium members' initial financial commitments to the Spokane Area Regional Site Selector for 1) software acquisition and online application maintenance and service, 2) data acquisition integration and maintenance, 3) real estate data management, and 4) fiscal management. Table 1. Public Sector Shares Based on 1 Apr 2005 WA OFM Estimates Year Spokane City of City of Private Yearly County Spokane Liberty Sector Project Lake Totals Year l $39,545.90 $58,053.27 $1,317.82 $10,000.00 $108,908.01 Year 2 $33,922.00 $49,799.12 $1,137.88 $10,000.00 $94,851.00 Year 3 $33,922.00 $49,799.12 $1,137.88 $10,000.00 $94,851.00 C. PRIVATE SECTOR FUNDING COMMITMENTS: At this time private sector organizations will not have a similar metric for their contribution. Instead, private sector contributions to the Consortium will be managed by.the SAEDC and its public and private member community. Private sector funding commitments will be a minimum contribution of $5,000 annually. It is agreed that Avista Utilities will provide $5,000 per year for the first three years, as a direct contribution to the Private Sector's portion of the site selector's costs outlined above. SAEDC will allocate $5,000 of its annual budget to the private sector portion along with Avista's $5,000 for a total commitment of $10,000 per year for the first 3 years. Additional Private Sector funds to be applied to site-selector implementation and maintenance will be the responsibility of the SAEDC to solicit and obtain from other Private Sector sources in the region. Table 1.1 Private Sector Contributions Avista Spokane Area Site Utilities EDC Private Total Private Sector Selector Private Sector Funds Committed Project Sector Contribution Contribution Year l $5,000 $5,000 $10,000 Year 2 $5,000 $5,000 $10,000 Year 3 $5,000 $5,000 $10,000 3 5. CONSORTIUM MANAGEMENT AUTHORITY: A. The University will serve as the Manager for the Spokane Regional Site Selector. Dr. Kerry Brooks, Director of the GIS and Simulation Lab, or his successor; will oversee a staff member funded by the Consortium who is responsible for the day-to-day management of the Spokane Area Regional Site Selector. B. CONSORTIUM OVERSIGHT COMMITTEE: A Consortium Oversight Committee is hereby established. The Oversight Committee is constituted by one official representative from each member public sector organization. In the future, as small communities join the Consortium, one member will be selected amongst the small communities. The Oversight committee will also constitute one member representing each original Private Sector Consortium member. The SAEDC will represent all future private sector Consortium members. The current official representatives and associated organizations on the Site Selector Consortium Oversight Committee are detailed in Appendix B. Meetings of the Committee are open to others, but only the official representative may vote on decisions of the Oversight Committee. The Oversight Committee shall convene at least once per calendar quarter by the Director of the GIS and Simulation Laboratory within University who may vote to break ties. All oversight Committee decisions shall be by majority vote of a quorum, with the quorum being 60% or more of the Oversight Committee membership. The major business of the Oversight Committee is to annually evaluate the status of the Site Selector and, by majority vote, agree that it shall continue for the next year. Additional"roles of the Oversight Committee include the approval of new members, and advice and approval on the look, feel, and functionality of the Site Selector GIS web site. C. UNIVERSITY CONSORTIUM MANAGEMENT RESPONSIBILITIES: University consortium management responsibilities under this Agreementare as follows: 1. Manage the temporal accuracy of Commercial-Real Estate Broker Data. 2. Provide training and technical support to Commercial Real Estate Brokers in the entry of new and the removal of old Commercial Real Estate data. 3. Encourage new Commercial Real Estate Brokers to become participants in the regional site selector. 4. Provide written quarterly summaries of the project to Consortium members 5. Coordinate and manage the temporal accuracy of Public Sector GIS Data used with the regional site selector. 6. Support the evaluation, standardization, and quality control of any newly requested attribute or spatial data additions to the regional site selector. f 4 7. Serve as primary fiscal agent for the Consortium, specifically including invoicing each member, as detailed in Section 11 below, -as well as reimbursing GIS Planning for site selector web services and other fiscal duties as required. 8. Act as Director of the Site Selector Oversight Committee. 6. CONSORTIUM MEMBER RESPONSIBILITIES: It is agreed between University and Consortium members that members shall carry out the following responsibilities: A. AVISTA UTILITIES SHALL: 1. Provide and maintain the temporal accuracy of Avista owned data used for purposes related to the Spokane Regional Site Selector listed in Appendix A. 2. Provide read only access to copyrighted Avista Digital Orthophotography for the Spokane area at a maximum of two (2) feet resolution. B. CITY OF SPOKANE SHALL: 1. Provide and maintain the temporal accuracy of City of Spokane owned data used for purposes related to the Spokane regional Site selector listed in Appendix A. 2. Coordinate with University to integrate municipal data sources into contiguous data set. 3. In coordination with Spokane County, facilitate and promote the addition of new public sector members to Consortium. C. SPOKANE COUNTY SHALL: 1. Provide and maintain the temporal accuracy of Spokane County owned data used for purposes related to the Spokane regional Site selector listed in Appendix A. 2. Coordinate with University to integrate municipal and regional 'data sources into a contiguous data set. 3. In coordination with the City of Spokane, facilitate and promote the addition of new public sector members to Consortium. 5 D. SPOKANE AREA ECONOMIC DEVELOPMENT COUNCIL: 1. Provide and maintain the temporal accuracy of SAEDC owned data used for purposes related to the Spokane regional Site selector listed in Appendix A. 2. Coordinate with University to integrate SAEDC regional data sources into a contiguous data set 3. Facilitate and promote the addition of new private sector members to the Consortium 7. AMENDMENT: This Agreement may be amended at any time by mutual written consent of Consortium members and University. 8. TERM: This Agreement will become effective upon signature by all Consortium members and University, and will expire on December 31, 2008. The Agreement can thereafter be renewed annually by Consortium members and University subject to the availability of appropriated funds and administrative approvals. This Agreement is null and void in the event project funding cannot be obtained from any of the previously defined Consortium members, or if data provision commitments discussed in Sections 6A through D, are not ' met by any Consortium member. 9. TERMINATION: A. Termination for Convenience. This Agreement may be terminated by any party hereto upon written notice delivered to the other parties at least thirty (30) days prior to the intended date of termination. By such termination, no party may nullify obligations already incurred prior to the date of termination. B. Termination for Cause. In the event any party shall commit any material breach of or default in any terms or conditions of this Agreement, and also shall fail to remedy such default or breach within sixty (60) days after receipt of written notice thereof, the non-breaching parties may, at their option and in addition to any other remedies which they may have at law or in equity, terminate this Agreement by sending notice of termination in writing to the other party to that effect. Termination shall be effective as of the day of receipt of such notice. C. In the event of either Termination for Convenience or Termination for Cause of this Agreement University shall retain advanced payments made by Consortium members in an amount sufficient to pay for all costs and/or liabilities incurred by University in its performance of this Agreement. j 6 10. CONTRACT SUM: In consideration for performance of this Agreement, Consortium members shall pay University as detailed in Table 1.0 or 1.1 for managing and completing deliverables as specified in this document, and as detailed in Budget Attachment A. The payments shall be made in accordance with the provisions stated in Section 11 below. 11. PAYMENTS: University shall submit annual advance invoices to Consortium members. Payment for year one must be received by University no later than July 15th, 2006. In future years of this Agreement, Consortium members shall make full advance payment of the amount stated in any undisputed invoice no later than thirty (30) days after the date the invoice is received by Consortium members. 12. EQUIPMENT Equipment purchased under this Agreement shall be used specifically for the life of the project covered herein, with ownership of the equipment remaining with University upon completion of this contract period and any subsequent contract periods. 13. INDEMNITY Each party to this Agreement shall be responsible for its own acts and/or omissions and those of its officers, employees and agents. The Consortium and each Consortium member shall fully indemnify and hold harmless University against all claims arising out of the Consortium's use, commercialization, or distribution of any intellectual property or products that result in whole or in part from this Agreement. 14. RIGHTS IN DATA Any data developed/delivered by Consortium Members for the Spokane Regional Site Selector Project is only for use within the Site Selector GIS web-based application. University licensing notwithstanding, all data acquired from Consortium members or licensed from commercial entities shall retain its original licensing, status. Any GIS data requests initiated by users of the GIS web-based application to the University will be referred back to the original Consortium Member who provided said data. Any data developed/delivered by the University under this Agreement shall be transferred to Consortium with a nonexclusive, royalty-free, irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so; provided; that such license shall be limited-to the extent which University has a right to grant such a license. The University shall exert all reasonable effort to advise Consortium, at the time of delivery of data furnished under this agreement, of all known or potential invasions of privacy contained therein and of any portion of such document, which was not produced in the performance of this agreement. Consortium shall receive prompt written notice of 7 i. each notice or claim or copyright infringement received by University with respect to any data delivered under this Agreement. In making GIS data available to the web based Spokane Regional Site Selector, Consortium Members make no warranty of data accuracy. Consortium Members GIS data is created for informational purposes and as a general planning and management tool. Care was used by Consortium Members during compilation of GIS data -and products to insure accuracy, but it may be subject to, in whole or in part, the quality of the source data and outside sources of information. A given Consortium Member may on occasion be shifting GIS data to improve the geographic-accuracy. Any data that other Consortium Members build on top of the existing Consortium Member data may require adjustment. The Consortium assumes responsibility for aligning and registering data to the existing Site Selector data, if necessary. GIS data and products may not have been prepared for, or be suitable for, legal, engineering, or surveying purposes. The Consortium Members do not accept responsibility for errors and omissions, and therefore, there are no warranties that accompany this Site Selector data.. Users of this information should consult the primary data and information sources to ascertain the usability of this information. This information may be periodically updated. Consortium Members will make every effort to ensure that the Spokane Regional Site Selector has the latest revision of its data. 15. ENTIRE AGREEMENT. This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date set forth herein by their duly authorized representatives. 8 AGREEMENT FOR THE SPOKANE REGIONAL SITE SELECTOR (Signature Page) For UNIVERSITY Dan Nordquist Director (Print) i v, A t, -a (Signature) Dated: R., ~n 9 AGREEMENT FOR.THE SPOKANE REGIONAL SITE SELECTOR (Signature Page) For Avista Utilities Smf vy~ ~,r,r15 (Print) (Signature) Dated: L~ I~-D n 10 AGREEMENT FOR THE SPOKANE REGIONAL SITE SELECTOR (Signature Page) ATTEST: BOARD OF COUNTY COMMISSIONERS Clerk of the Board OF SPOKANE COUNTY, WASHINGTON gy: TOD MIELKE, it DANIELA RICK Q of cc. s, ~~yO~E CMG~~',Gp2~ N ARK RICH D, Vice-Chair D. HARRIS, Commissioner r1 U Approv as to f Dated: Deputy Civ' Prosecuting Attorney 11 AGREEMENT FOR THE SPOKANE REGIONAL SITE SELECTOR ! (Signature Page) CITY OF SPOKA E By: De ty Attest: Approved as to form: City Clerk ` Assistant City Attorney SPO x ated : ~O O SHIN i 12 AGREEMENT FOR THE SPOKANE REGIONAL SITE SELECTOR (Signature Page) Spokane Area Economicsr Development Council (Print) Sign Dated: i °Z CQ !0 r 13 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 11. 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business 9 new business ❑ public hearing ❑ information ❑ admin, report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Referral of Emergency Interim Ordinance No. 07-025 to Planning Commission GOVERNING LEGISLATION: RCW 36.70A.390 and RCW 35A.13.190' PREVIOUS COUNCIL ACTION TAKEN: Council passed Emergency Interim Ordinance No. 07-025 November 7, 2007. BACKGROUND: Motion passed to suspend the rules and approve interim emergency ordinance 07-025 amending specific sections of UDC Titles 19, 22 and Appendix A. OPTIONS: Approve referral of Emergency Ordinance No. 07-025 or further direct staff. RECOMMENDED ACTION OR MOTION: Approve referral of Emergency Interim Ordinance No. 07-025 to Planning Commission. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Mike Connelly ATTACHMENTS: Ordinance No. 07-025 Emergency Interim Ordinance CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 07-025 AN EMERGENCY INTERIM ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON ADOPTING AN INTERIM ORDINANCE AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTIONS 19.40.010 RELATING TO USE OF RECREATIONAL VEHICLES; 19.40.090-100 RELATING TO ACCESSORY DWELLING UNITS; 19.60.010 RELATING TO SETBACKS; 22.30 RELATING TO FUTURE ACQUISITION AREAS; AND APPENDIX A DEFINITIONS RELATING TO ACCESSORY DWELLING UNITS; DECLARING AN EMERGENCY AND SETTING A PUBLIC HEARING DATE. WHEREAS, the City of Spokane Valley adopted the Uniform Development Code (UDC) pursuant to Ordinance 07-015, on the 24th day of September, 2007; and WHEREAS, the UDC became effective on 28th day of October, 2007; and WHEREAS, the City of Spokane Valley has identified a number of instances wherein portions of the previously adopted development code were unintentionally not carried forward into the new UDC or where necessary language was inadvertently omitted; and WHEREAS, the absence of these code provisions from the UDC could prevent the City of Spokane Valley from implementing and enforcing the UDC in a consistent manner and further could result in development that may be inconsistent with the goals and policies of the City of Spokane Valley Comprehensive Plan; and WHEREAS, SVMC 19.40.010 fails to include language prohibiting recreational vehicles from being used as permanent or temporary dwelling units in residential zones; and WHEREAS, SVMC 19.40.090 and 19.40.100 and the definition for "Dwelling, Accessory Apartment" fails to adequately restrict the size of such units, the number of persons residing in such units, the appearance and setbacks of such units or identify an application process; and WHEREAS, SVMC 19.60.010 fails to identify setbacks for flanking streets in commercial, office and mixed use Zones; and WHEREAS, SVMC 22.130 fails to incorporate the standards and requirements for the designation of "future acquisition areas" as had previously been set forth in the adopted Spokane County Code Chapter 14,710. NOW THEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW: Section One: Pursuant to RCW 36.70A.390 and RCW 35A.63.220 the city adopts this interim zoning ordinance amending sections 19.40.010, 19.40.090 and 19.40.100, 19.60.010 and 22.130 and Appendix A Definitions: This interim ordinance shall be effective for 6 months from the effective date of adoption. Section Two: Pursuant to RCW 36.70A.390 and RCW 35A.63.220 a public hearing before the City Council to consider this interim development ordinance shall-be set for the 11th day of December, 2007. Section Three: Pursuant to RCW 35A.13.190 the council declares that an emergency exists in that development without the amendments set forth below could occur in a manner which is inconsistent with the goals and policies of the Comprehensive Plan, that may have an adverse and detrimental impact on the use and enjoyment of adjacent properties and could prevent the City from consistently exercising its authority with respect the preservation of future right of ways, all requiring the passage of this emergency ordinance to protect public health, safety, property, and the public peace. Ordinance 07-025 Interim Emergency Ordinance re UDC Page 1 of 9 Section Four: Pursuant the RCW 35A.13.190 this ordinance shall take effect immediately upon passage by the City Council. wJ Section Five: SVMC 19.40.010 shall be amended as follows: 19.40 District Purpose & Supplemental Use Regulations Residential Zones 19.40.010 General Provisions 1. No principal or accessory structure shall be located within the clearview triangle, SVMC 22.70. 2. In the districts where the height of buildings is restricted to thirty-five (35) feet, cooling tourers, roof gables, chimneys and vent stacks may extend for an additional height, not to exceed forty (40) feet, above the average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires and school buildings and institutional buildings may be erected to exceed maximum height requirements, provided that one (1) additional foot shall be added to the width and depth of front, side and rear yards for each foot that such structures exceed the required height. 3. No structure may be erected to a height in excess of that permitted by applicable Airport Hazard zoning regulations. 4. Recreational vehicles shall not be used as permanent or temporary dwelling units in any residential zone. Guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive twelve (12) month period. The intent is to accommodate visiting guests and not to allow the recreational vehicle to be used as a dwelling unit. Section Six: Appendix A and SVMC 19.40.090-100 shall be amended as follows: Appendix A Definitions Accessory Dwelling Unit: A freestanding detached structure or an attached part of a structure that is subordinate and incidental to the principal dwelling unit located on the same property, providing complete, independent living facilities exclusively for a single housekeeping unit, including permanent provisions for living, sleeping, cooking, and sanitation. Principal Dwelling Unit: The principal structure on a lot that is the main residence to which the property is devoted. 19.40.090 Residential Accessory Uses & Structures 1. Except for the air conditioning compressors of detached single-family residential, cooling towers and similar accessory structures are required to observe all front, side or rear yards. 2. The combined building footprint of all accessory permanent structures in residential zoning districts shall not exceed ten percent (10%) of the lot area. 3. The vertical wall of an in-ground swimming pool shall be located behind front building setback lines and at least five -(5) feet from the property line. All pools must be secured in accordance with the requirements of the adopted building regulations. Temporary fencing is required during excavation. Ordinance 07-025 T.nterim Ernergency Ordinance re UDC Page 2 of 9 19.40.100 Accessory Dwelling Unit (ADU) Attached and detached ADUs are permitted in all residential zoning districts and shall adhere to the appearance of single-family residences. An Attached ADU is an accessory dwelling unit that has one or more vertical and/or horizontal walls in common with, or attached to, the principal dwelling unit. A Detached ADU is a free standing accessory dwelling unit that is not attached or physically connected to the principal dwelling unit. A. Purpose and Intent 1. To increase the supply of affordable housing units and encourage housing diversity through better use of the existing housing stock in neighborhoods in a manner that is less intense than new development; 2. To make housing units-available to moderate-income people and special populations including the elderly, mentally ill, victims of domestic abuse, persons with disabilities or injuries, and the homeless who ' might otherwise have difficulty finding homes within the city that supports independent living; 3. To provide residents, particularly seniors, single parents and families with grown children, with a means to remain in their homes and neighborhoods by obtaining, through tenants in either the ADU or the principal unit, extra income, companionship, security, and services; 4. To reduce the isolation of households that is a result of urban sprawl and suburban land use; 5. To make better use of existing public investment in streets, transit, water, sewer, and other utilities; and 6. To protect neighborhood stability, prop erty.valu es, and the single-family residential appearance of neighborhoods by ensuring that ADUs are installed under the conditions outlined in this Code. _ B. Conditions and Limitations 1. The design and size of the ADU shall conform to all standards in the building, plumbing, electrical, mechanical, fire, health, utilities and any other applicable codes; 2. An ADU may be developed in conjunction with either an existing or new residence; 3. One (1) ADU, attached or detached, is alloyed per lot as an accessory dwelling unit; 4. The ADU must be a complete, independent housekeeping unit; 5. The combined footprint of all accessory structures shall not exceed ten percent (10%) of the lot area; 6. Home professions shall be allowed only within the principal dwelling unit, not the ADU; 7. The owner, as established by the titleholder, must occupy either the principal dwelling unit or the ADU as their permanent residence, but not both, for six (6) months or more of the calendar year, and at no time receive rent for the owner-occupied unit; and 8. Approval of an ADU will be revoked if the ADU is no longer in compliance with the development standards and criteria outlined in Part C. C. Development Standards and Criteria 1. All ADUs, both attached and detached; must meet the following requirements: a. One. (1) paved off-street parking space shall be required for the dwelling unit in addition to the off-street parking required for the main residence; b. The ADU may not exceed fifty percent (50%) of the total square footage of the principal dwelling unit, nor be less than three hundred (300) square feet and not more than eight hundred (800) square feet; Ordimmce 07-025 Interim Emergency. Ordinance re UDC 'Page 3 of 9 c. The total number of individuals that reside in the ADU shall not exceed the number of persons that are defined as family; d. The ADU shall be a complete, separate housekeeping unit; e. The entrance to the ADU shall be located on the side or in the rear of the structure or in such a manner as to be unobtrusive in appearance when viewed from the front of the street, and only one (1) entrance may be located on the fagade of the principal dwelling unit in order to maintain the appearance of a single-family residence; f. The ADU unit shall not have more than two (2) bedrooms; and g. The ADU shall be designed to meet the appearance of a single-family residence and must be the- same or visually match the principal. dwelling unit in the type, size and placement of the following: L Exterior finish materials ii.. Roof pitch iii. Trim iv. Windows, in proportion (relationship of width to height) and. orientation (horizontal or vertical). 2. Additional development standards for detached ADUs: a. - Shall be located. behind the front building setback line and placed on a permanent foundation; b. Shall preserve all side yard and rear yard setbacks for a dwelling unit, as established in Section 19.40.020 Residential Standards in the UDC; c. Shall not be allowed on lots containing a duplex, multi-family dwelling or accessory apartment contained within the principal structure; and J d. Existing detached accessory structures may be converted into detached ADUs provided that all development standards and criteria are met, including side yard and rear yard setbacks. D. Application process 1. Application for an ADU permit shall be made to the Department of Community Development in accordance with the permit procedures adopted by the department; 2. Shall include a letter of application affirming that one legal titleholder will live in either dwelling unit, meeting requirement of owner occupancy; 3. An ADU application shall also be filed as a deed restriction with the Spokane County department of records and elections to indicate the presence of an ADU, the requirement of owner occupancy, and other standards for maintaining the unit as described in this Code; and 4. Cancellation of an ADUs registration may be accomplished by the owner filing a letter with the department of community development for recording at the department of records and elections, or may occur as a result of an enforcement action. Section Seven: SVK4C 19.60 shall be amended as follows: 19.60 District Purpose & Supplemental Use Regulations Commercial, Office & Mixed Use Zones Ordinance 07-025 rmterim Emergency Ordinance re UDC Page 4 of 9 19.60.010 General Requirements 1. Non-residential development shall meet the minimum setback and the'maximum building height requirements shown in Table 19.60-1. 2. Parking areas shall be paved and landscaped in accordance with SVMC 22.50. 3. New development exceeding three (3) stories in height shall be provided with paved service lanes not less than sixteen (16) feet in width'. 4. All new development shall provide for shared access with adjacent properties. i t, L` i;J~Talile 19 60 1kCommercialLDeve,lopment,,Standards' M~2CeCjltUse Induatr~a , t+trt 0 ,xfTICOI" 2 r~r'0111n181~.Ir~liF't: !S.i,-J' - GO O NC C RC CC'` CMU* P~IUC} 11 12 Minimum Front Yard 20 20 20 20 20 20 20 20 20 20 Setback Minimum Flanking 20 20 20 20 20 20. 20 20 20 20 Street Setback Minimum Side and Rear Yard 20 20 20 20 20 20 20 20 35 35 adjacent to a residential use or zone Maximum Building 45 100 35 35 100 Unlimited 50 60 40 65 Height (in feet Except as otherwise required Section Eight: SVMC 22.130 shall be amended as follows: 22.130.030 Required Improvements and Dedication Prior to the issuance of any approvals or permits subject to the provisions of this chapter, the Development Services Senior Engineer shall determine the extent and type of roadway improvements, dedication or designation of future acquisition areas required as part of the development proposal. The Development Services Senior Engineer shall utilize the following in determining the scope of the • improvements: 1. The Comprehensive Plan, 2. The Arterial Street Map, 3. The street construction standards, and 4. The functional, safety, efficiency and coordinated future expansion needs of the roadway system to serve the traveling public and emergency vehicles. Page 5of9 Ordinance 07-025 Interim Emergency Ordinance re UDC The Development Services Senior Engineer shall determine the extent of additional right-of-way needed to support these improvements and the process of dedicating the required land area or determine if a future acquisition area should be designated pursuant to 22.130.035 - 036 below. The J Development Services Senior Engineer shall also determine if the development proposal can participate in any City Capital Improvement Project as included on the adopted Six (6)-Year Street Improvement Plan. In these cases, the development proposal will be conditioned. to provide a proportionate contribution to the anticipated project. . Section Nine: SVMC 22.130.035 shall be added as follows: 22.130.035 Future Acquisition Areas 1. When a "future acquisition area" is designated, a "Tide Notice" shall be completed and recorded with the County Auditor by the Planning Department or other appropriate agency/department. The notice shall run with the land and shall not be removed or amended prior to approval by the establishing agency/department s indicated on the notice. The notice shall be recorded as soon as possible and, in all cases, prior to the issuance of a building permit. The notice shall: a. Include the tax parcel number and the full legal description; b. Make reference to any related approval pile number or permit numbers; c. Include the name of the street(s) or road(s) andlor map if appropriate; d. Include the dimension of the future acquisition area(s); e. Indicate the building setbacks from the future acquisition boundary(ies); f. Indentify any limitations for improvements or features within the acquisition boundary(ies); g. Indicate that the future acquisition area is private property; h. Identify the responsibility for relocation or loss of "interim" features or improvements within the future acquisition areas; and i. Be mailed to the property owner's and taxpayer's address as shown in the current Spokane County Assessor"sfrreasure's records, if a complete mailing address is indicated. The "Title Notice" shall be amended or removed with an Extinguished Form when the Arterial Road Plan, the Official Road Map or other conditions change and the recorded "Tide Notice" is no longer valid. Property owners shall be notified of the change. 2. Building Setback The required setback of buildings as specified in the underlying zone classification shall be measured from the future acquisition area boundary. If no reasonable site design solution complying with the full setback is feasible, exceptions to the full setback may be administratively granted if a. an existing parcel or lot equals or is up to 5% larger than the minimum lot area required in the underlying zone; b. an existing parcel or lot has an existing building proposed for expansion; or Ordinance 07-025 Interim Emergency Ordnance rc U'~)C Page 6 of 9 c. the sponsor of new development or redevelopment adequately demonstrates a site design or use limitation for the existing property. Such exceptions may be granted provided that I. The property is not part of.a zone reclassification and/or subdivision application; ii. The property has no reasonable alternative site design solution feasible; iii. A "Title Notice" is recorded pursuant to 22.130.035 that further identifies likely impacts (such as noise, crowding, loss or relocation of improvements) to the site when the roadway is widened in the future; and iv. The building is located at the greatest setback possible; but in any case shall be no closer than one-quarter (25%) of the required setback from the future acquisition area boundary and shall not be located within the future acquisition area. 3. Landscaping and Parking LANDSCAPING: Significant landscape features, such as trees, shall be located in such a manner that when the roadway is widened in the future a significant portion of such landscaping features, such as matured trees, will not need to be destroyed or relocated. A majority of the trees required in the current . landscaping areas shall be planted eight feet (8 ft) from the future acquisition area boundary within the future planting-strip and shall be spaced no less than sixty feet (60 ft) from one another. PARKING: All on-site parking required by the underlying zone classification shall be located outside the future acquisition area. If no reasonable site design solution complying with parking location requirements is feasible, exceptions to these requirements may be administratively granted if a. an existing parcel or lot equals or is up to 5% larger than the minimum lot area of the underlying zone; b. an existing parcel or lot has an existing building proposed for expansion; or c. the sponsor of a new development or redevelopment adequately demonstrates a site design or use limitation for the existing property. Such exceptions may be granted provided that: i. The property is not part of a zone reclassification and/or subdivision application; ii. The property has no reasonable alternative site design solution feasible; iii. A "Title Notice" is recorded pursuant to 22.130.035 that further identifies likely impacts to the site when the roadway is widened in the future; and iv. The fewest number of parking stalls is located in the future acquisition area as possible and, in any case, shall contain no more than one-quarter (25%) of the required parking stalls for the site. Ordinance 07-025 Tntcrim Emergency Ordinance re UDC Page 7 of 9 4. Location of Required Site Drainage Facilities All required 208 and/or surface drainage facilities for the site shall be located outside the future acquisition area. If the sponsor of a new development or redevelopment adequately demonstrates a site design or use limitation for location of such facilities on the existing property, a portion of the drainage facility improvement may be temporarily allowed within the future acquisition area if an interim permit is issued pursuant to the provisions of 22.130.037. The interim permit shall provide for the relocation of the drainage facility to an alternative site by the property owner when the roadway is widened. The permit shall identify the alternate location and the means of relocating the facility. 5. Physical Structures, Improvements and Utilities Physical structures (such as signs, fencing, and architectural features) and improvements (such as site drainage, '208' drainage swales, landscaping, and parking) shall not be located within the future acquisition area unless an interim conditional use permit has been issued pursuant to Section 22.130.037. If permitted they shall be considered "interim" and shall be relocated or removed / right-of-way is widened in the future, subject to the conditions of the interim conditional use permit. All developers, agencies and purveyors installing utilities in, adjacent to or across rights-of-way shall show the future acquisition area and- boundary(ies) on construction plans or drawings. Impacts from the future roadway widening and other relocation cost shall be considered when designing and siting utilities and improvements. Section Ten: SVMC 22.130.037 shall be added as follows: 22.130.037 Interim Conditional Use Permit The Development Service Senior Engineer may temporarily allow, as an interim conditional use, site features or improvements located within or adjacent to the future acquisition area that are in conflict with the provisions of this Chapter, provided that a hardship can be demonstrated and the use can be reasonably conditioned and restricted to ultimately accomplish the intent of this 208 swales, parking stalls, utilities and signs. Interim Conditional Use Permits shall be issued administratively at or before the time development approvals and permits are granted. Interim permits shall, at a minimum, specify the temporary or interim use allowed, the conditions of the permit, the provisions for and timing of removal, relocation or installation and the responsibility for the cost of relocation, removal or installation. Any appeal of the administrative decision respecting an interim use shall be heard pursuant to SVMC 7.90 Appeals. All interim permits shall be referenced by a Title Notice pursuant to Section 22.130.035. Section Eleven: SVMC 22.130.039 shall be added as follows: 22.130.039 Parking Lot Travel Lane Connections to Adjacent Parking Lots 1. Travel lanes within commercial and industrial developments shall connect or provide for future connection of existing or future adjacent parking lots of commercial or industrial development. Multiple family developments shall provide similar connections to adjacent multiple family development. Travel lanes shall be designed to allow future expansion of the roadway and retain parking lot circulation between parking lots without requiring vehicles to access the roadway to enter the adjacent parking lot. Commercial or industrial parking lot traffic should not pass through residential parking lots. Site development design which provides for Ordinance 07-025 Interim Emergency Ordinance re UDC Page 8 of 9 minimum travel lane connections may reduce parking requirements by two parking stalls for each travel lane connection (to a maximum of four stalls). If the sponsor of a new development or redevelopment adequately demonstrates a site design or use limitation for installation of the required travel lanes on the existing property; exceptions to the travel lane requirements may be administratively granted; provided that: a. The property is not part of a zone reclassification and/or subdivision application; b. The property has no reasonable alternative site design solution feasible; c. The Development Services Senior Engineer finds that the travel lane and connection location or an interim lack of connection will not negatively impact the present or future function and safety of the parking lot circulation, ingresslegress, the future roadway or roadway network; d. An interim permit is issued under the provisions of 22.130.037 for any required parking stalls that are to be removed in the future, and the permit requires adjacent travel lane connections; and e. A "Title Notice" is recorded pursuant to 22.130.035 that further identifies likely impacts (such as loss or relocation of improvements, features or parking stalls) to the site when the travel lane connection is made in the future. Section Twelve: Severability. If any section, sentence, clause or phrases of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of this Ordinance. Passed by the City Council this 7a' day of November, 2007. . Mayor, Diana Wilhite y Clerk, Christine Bain ridge Approved as to Form: tCe of the City Attorney O Date of Publication: //-/6&1 _ Effective Date: November 7, 2007 Expiration Date: May 7. 2008 Ordinance 07-025 Interim Emergency Ordinance re UDC Page 9 of 9 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 11, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Sculpture for Mirabeau Point Park GOVERNING LEGISLATION: The City of Spokane Valley Comprehensive Plan recommends incorporation of art into public places. PREVIOUS COUNCIL ACTION TAKEN: On December 4, 2007 Council heard a presentation from the Spokane Valley Arts Council. It was the consensus of the Council to add as a motion for consideration at the December 11, 2007 Regular Council Meeting. BACKGROUND: The Spokane Valley Arts Council (SVAC) is proposing to raise funds to purchase and install a bronze sculpture in Mirabeau Point Park. They are recommending the sculpture "Walking the Line° by artist Jerry McKellar. OPTIONS: Approve accepting donation of sculpture for Mirabeau Point Park or provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to approve the future placement of the 'Walking the Line" sculpture at Mirabeau Point Park, upon donation by the Spokane Valley Arts Council. BUDGET/FINANCIAL IMPACTS: The Arts Council is proposing to raise funds to purchase and install the sculpture. STAFF CONTACT: Mike Jackson ATTACHMENTS: "Walking the Line" (photograph) f ~ I 1 ~ i,i _ ' ~ , t I I _ _ - /~f~ ~ ✓ Jam! .l ~i~ ~ _ - t ' T~ - T~ ~~~,W ray,- - - ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 11, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Funding Cleft Palate GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: December 4, 2007 Council Study Session BACKGROUND At the December 4, 2007 Council study session, Council considered a request to assist with funding the Cleft Lip & Palate/Maxillofacial Program, which evaluates, plans and coordinates care for infants born with Cleft Lip and Palate. The Program is funded from three sources: The Washington State Department of Health, Out Reach Activities, and a local match of approximately $35,000. The State Department of Health and the Out Reach funds are still available, but the $35,000 local match has been allocated by the Health District to other programs. Although the County has drafted an interlocal agreement for Cities to financially participate in this Program, Councilmembers Denenny and Gothmann suggest an alternative approach of contributing our portion directly to the Health District. The original amount of our portion was $6,848.00, of which $3,424 is the suggested contribution for the first half of 2008. Staff was notified November 29, 2007 that the cities of Liberty Lake, Deer Park, and Cheney have elected not to participate. Council concurred to assist in the support of this Program, not by participating in the Interlocal, but by granting a one-time commitment of our share of the needed $35,000; and to disburse that amount in two parts, with an initial, first-half contribution $3,424.00. OPTIONS: Change the allocation amount; decide not to contribute, or take such other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to allocate a total contribution of $6,848.00, to be made in two equal payments of $3,424.00 with the first payment to be made by February 1, 2008, and the second payment to be disbursed dependent upon program funding by the State Department of Health. BUDGET/FINANCIAL IMPACTS: $6,848.00 STAFF CONTACT: ATTACHMENTS: October 18, 2007 Letter from Commissioner Richard ScouNI~Y OFFICE OF COUNTY COMMISSIONERS TODD MIELKE, 1ST DISTRICT MARK RICHARD, 2ND DISTRICT • BONNIE A. MAGER, 3RD DISTRICT October 18, 2007 Mayor Dennis Hession Mayor Diana Wilhite City of Spokane City of Spokane Valley 808 W Spokane Falls Blvd 11707 F Sprague Avenue, Suite 106 Spokane; Washington 99201 Spokane Valley, Washington 99206 Mayor John S. Higgins Mayor Daniel N. Mork City of Medical Lake Town of Millwood PO Box 369 9103 E Frederick Medical Lake, Washington 99022 Millwood, Washington 992064399 Mayor Steve Peterson Mayor Allan Gaincr City of Liberty Lake City of Cheney 22110 F Country Vista Drive 609 Second Street Liberty Lake, Washington 99019 Cheney; Washington 99004 Mayor Matthew Pederson Mayor Robert Whisman City of Airway Heights City of Deer Park 1208 S. Lundstrom PO Box F Airway Heights, Washington 99001 Deer Park, Washington 99006 Re: Interlocal Agreement for Emergency Cleft Lip & Palate/M. axillofacial Program Services Agreement between the Spokane Regional Health District and Other Cities/Towns/ Spokane County Dear Mayors: On September 27, 2007, the Spokane Regional Health District Board of Health learned that there were insufficient monies available in 2008 to fund the Cleft Tip & Palate/Maxillofacial Program ("Program"). This Program provides evaluation, planning, and coordinated care for infants born with Cleft Lip & Palate. This birth defect occurs once in every 700-750 births in the United States and can have a dramatic erect on an infant's development. The Program is funded from three sources, including the Washington State Department of Health ("DOH"), Out Reach Activities, and a local match of approximately $35,000. The Health District feels confident that the DOH and Out Reach monies are still available to fund the Program in 2008. However, the $35,000 local match has been allocated by the Health District to other programs. 1116 WEST BROADWAY AVENUE • SPOKANE, WASHINGTON 99260-0100 (509) 477-2265 October 18, 2007 Page 2 As Chairperson of the Health District Board, I believe that it is imperative that the Health District continue this vital Program in calendar year 2008. 1 have prepared the enclosed Interlocal Agreement for your consideration and action. Cinder the terms of the Interlocal Agreement, the County and each city/town within Spokane County having a population in excess of 2000 individuals would Financially participate in the $35,000 Program match in proportion of their population to the County's population. The County would assume the financial share of the towns having a population of less than 2000 individuals. Accordingly, the purpose of this correspondence is to request that you consider and execute the enclosed Interlocal Agreement. The interlocal agKeement provides that it can.be executed in a number of counterparts. Therefore, it is not necessary that all the signatory's execute the same document. I hope you agree with me that the continuation of the Cleft Lip & Palate Program is critical to the well being of our community and its most important asset, our young, and as such warrants this special funding request. Very truly y Mark Richard Chair, Board of County Conunissioner Chairperson, Spokane Regional Health District CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 12-11-07 City Manager Sign-off- Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing . ❑ information ❑ admin. report ❑ pending legislation AGF~NDA ITEM TITLL4 : Mayoral Appointments: Planning Commission Members BACKGROtWD: Niotice of operungs was placed in the Spokesman Review/Valley Voice, the Valley News Herald, and on our website. A copy of the November 20, 2007 Memorandum from City Clerk Chris Bainbridge to Mayor and Councilmembers, explaining the openings, the application solicitation process, and copies of applications is attached. Incumbents Bob Blum and David Crosby's terms expire December 31, 2007. New terms will begin January 1, 2003 and are for three years. ACTION: Mayor to appoint two people, each to serve a three-year term. Recommended Motion: lkfotinn to confirm AAiyorol appointments to the Planning Commission as follows: 1. BUDGETIFINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS November 20, 2007 Memorandum from City Clerk, and applications for openings. Spokane Valle y 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum To: Mayor and Councilmembers Cc: Kathy McClung, Community Develop ent Director; Dave Mercier, City Manager From: Chris Bainbridge, City Clerk Date: November 20, 2007 Re: Planning Commission Vacancies Two Planning Commission members' terms expire December 31, 2007. According to our Municipal Code, members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning Commissioners shall be selected without respect to political affiliations, and shall serve without compensation. Terms shall be for a three-year period and shall expire on the thirty-first day of December. A Vacancy announcement is on the City's webpage, and was published numerous times in the Spokesman Review/Valley Voice and in the Valley News Herald. The notice also noted that at the time of the announcement, one of the incumbents planned to seek re-appointment. Appointment of the Planning Commission vacancies is currently scheduled for Council's December 11 meeting. The following attached applications have been received for consideration for Planning Commission appointment: Bob Blum (incumbent) Craig Eggleston Matthew Dempsey Art Sharpe Jeannie Nillardson 00, Application Form for STYOF-Kane clCommittees/Boards/Commissions - p r Valley Return completed form to: ~OrY kAtvCVAIL Rk. Office of the Mayor, 11707 East Sprague Suite x`106 Spokane Valley, WA 99206 NOTE: All information on this form becomes PUBLIC INFORMATION when submitted to the Mayor's Office. Position applied for: ~~,4 ~/.t1~.✓l' ~~~,-rl''}Ss ~Q~/ Applicant's name: S'P~~9~E t/~rr,~lEyl Home address: /1:21 Zip code: Home Phone: LIZ- Email: ~%L EMPLOYMENT HISTORY Present or last employer: i~ Position Held: Dates of Employment Address: ~~~r~vE •f/6 Phone: rM e 9)f/2'-~ Previous employer: Address: Phone: EDUCATIONAL BACKGROUND High School Diploma College/University Degree ~m~ryi~.,✓;~~ L~~ Lib Gmcr 5r ►✓~4K Foa College/University Degree J COMMUNITY RELATED ACTIVITIES 1119 Aiy C~/~/J~/s /Di✓ lJd a2,1of~~L l~ ar~I,i i 7`fF s ~~,Q ~'•z~~~,~os~~i~,✓ 714~7,v VOLUNTEER EXPERIENCES L Vic. ~,~A~~~~L ~~~;.ssi~.~, SKILLS/SPECIAL INTERESTS Current and past positions held on City Board, Committee, o Commissiom(circle one): ~~~iiiyi~//~ ~ll~/1?/►?/5'/R/ From: To: DD ~,i/,I//~✓~ f~~~'I! yt ~5~ lAi✓ From: ~Jcr9 { To: „2 Dd 7 From: To: How long have you continuously lived within Spokane Valley city limits? NOTE: YOU MUST BE A RESIDENT OF THE CITY OF SPOKANE VALLEY. What do you feel you can contribute to the community that may not be evident from information already furnished on this application? VE- 41 e-Z ".OX Why do you feel you are qualified to act as a member of the Board, Committee or Commission applied for? Would your appointment to this position create a conflict of interest or an appearance of a conflict of interest? It is the policy of the City of Spokane Valley to achieve cultural and ethnic diversity on Committees, Boards, and Commissions. Information on this section will assist in achieving this goal and is voluntary on your part. ❑ Asian ❑ Hispanic ❑ African American ❑ Native American White ❑ Other Q Signature ate Application Form for CE~V E® 0-IN OF Committees/Boards/Commissions ,!~1;E S U awe CITY OF SPOKANE VALLEY VaHey CITY CLERK Return completed form to: Office of the Mayor, 11707 East Sprague Suite #106 Spokane Valley, WA 99206 NOTE: All information on this form becomes PUBLIC INFORMATION when submitted to the Mayor's Office. KI- Position applied for: _ t Applicant's name: / / /?TAB Zip code: 6/ Home address: Home Phone: - Email: ► • v EMPLOYMENT HISTORY Present or last i1 ~e ' F employer: ° r (J Position Held: r Dates of f~ Employment Address: SvvI,G Phone: ~,/fi' 33 y Fiat/ ~n R~L h1r4~~. l I~ G 14-1 l S / 'ICS +J Previous employer: GS Address: SXfI1 ~e Phone: EDUCATIONAILBACKGR_OUND High School 2 Diploma s' Siva anl~ Su / ~UK41\r LOA- p Degree tom, i ` 1"S CA College/University oxmmum C.~4104S College/University Degree COMMUNITY RELATED ACTIVITIES / a- O l h G C , V G S 3 oos4(z (:~j ?ae-3wdei4 ~ aoo / P2e_seu VOLUNTEER EXPERIENCES SKILLS/SPECIAL INTERESTS CA C4 mln~-44~ 7 y 1 urrent and past positions held on City Board, Committee, or Commission (circle one): From: To: From: To: From: To: Now long have you continuously lived within Spokane Valley city limits? NOTE: ~ff YOU MUST BE A RESIDENT OF THE CriY OF SPOKANE VALLEY. T' What do you feel you can contribute to the community that may not be evident from information already furnished on this application? 7 /4 r Why do yoi feel u are qualified to t as a member of the Board Committee or Commission applied for? • ~ a ~ c ="J-d A Would your appointment to this position create a conflict of interest or an appearance of a conflict of interest? y b it is the policy of the City of Spokane Valley to achieve cultural and ethnic diversity on Committees, Boards, and Commissions. Information on this section will assist In achieving this goal and is voluntary On your part. ❑ Asian ❑ Hispanic ❑ African American ❑ Native American ❑ White ❑ other Date Slg ure Craig Eggleston p i sa o E t . $pokanr, WA A 992 99206 CraigE@wwdb.org 509-927-6796 home 509-481-3364 cell Professional Objective I seek an executive sales position within a company that rewards success. I use my success driven attitude to increase sales and expand market share. I desire to make a difference in everything I do. 2006 to Present Johnson n Johnson's Ortho Biotech Division, Product Specialist for Eastern Washington, North Idaho, Montana, North Dakota and North West Minnesota My customers are hospitals and Oncology Clinics. I represent our oncology contracts and pharmaceutical products. I guide decision makers through the financial outcomes of various contract choices. I use a series of web based and software applications to demonstrate these options. 2000 to 2006; McKesson Inc., Health Systems, Account Manager for E. Washington, N. Idaho, NE Oregon and Alaska My customers are hospitals, closed-door pharmacies and retail pharmacies. To meet the customer's need I created the, "Road Show". The Road Show is a forum that brings customers together. Customers are able to hear from other facilities that have implemented different programs. We have a round table discussion on the feature and benefits that they have actually seen. Last year's Road Show 1 had $89 Million in McKesson business attend. This conceptual selling process requires a strong understanding of the industry's trends and the obstacles facilities face. I have been very successful in exceeding our company goals. Such as; 2006 Excellence in Revenue Award 107% to Goal Excellence in Technology Award National Sales leader in Software / Website Sales 2005 Excellence in Revenue Award 111% to Goal ($166,MM actual $185 MM) Excellence in Value Add Program Sales National Sales Conference, recognized for the "Road Show" Asset Management enhancement national task force 2004 Excellence in Revenue Award 108% to Goal ($124MM actual $134MM) Excellence in Technology Award Appointed to National Committee for "Pharma 360 OPP" Implemented $32 Million in new business at Veteran Affairs 0 2003 -Excellence in Revenue Award 112% to Goal ($91.6MM actual $102.6MM Excellence in Technology Sales Award for SMO migration $14 Million in new business sold at Empire Health Services $29 Million in new business implemented, 12 locations through out Washington, Idaho and Colorado j Closure of Spokane, WA Distribution Center, AM for 5 Dist. Centers 2002 Excellence in Revenue Award 113% to Goal ($81 MM- actual $91.6MM) Excellence in Technology Sales Award $21.8 Million in new business sold, 8 separate hospitals with different GPO's in Washington and Idaho 2001 Excellence in Revenue Award 105% to Goal ($77MM actual $81 Tv M) A letter of Appreciation for finding $34 Million in new business 1999 to 2000 Abbott Laboratories, E. Washington, N. Idaho and W. Montana Territory Sales Manager Sold surgical kits, replacement devices, equipment, service contracts, contract implementation, clinical instruction Excellence Award in Surgical Kit sales 120% to Goal Excellence Award in Revenue 114% to Goal 1991 to 1999 Pharmacy Factors, Inc. Northern California, Oregon, Washington, Idaho, Montana, Nevada, Colorado, Wyoming, Alaska and Utah Regional Sales Manager Created and implemented marketing programs, formulated policy, developed sales forecasts, managed sales staff, review market analysis to determine customer needs, created pricing schedules, discount rates, established sales goals and assignments plus communication to upper management 1987 to 1991 Roadway Express, Sacramento CA and Spokane WA Manager / Supervisor I managed daily operations, goal setting for staff, implemented procedures, monitored personnel and their progression to goals. I managed multiple union shifts of 40 teamsters. I received 6 promotions to which covered all aspects of operations, Outbound Freight, Inbound Freight, City Deliveries and Accounting. 1980 to 1987 Health-E;gleston, Spokane WA Operations / Sales My responsibilities included daily warehouse operations and sales to independent stores and small chains. I presented plano-grams, shelving schematics, store set-ups and other merchandising activities 1987 Bachelor of Arts in Applied Psychology Minor in Communications Studies Eastern Washington University Volunteer VCS Booster Club President, 2001 to present Block Watch Captain 2002 to present Application Form for TP Committees/Boards/Commissi LC '~ED S" Dane { Valley CITY OF SP v ~ 1 V Return completed form to: CiTC Office of the Mayor, 11707 East Sprague Suite,#106 Spokane Valley, WA 99206 NOTE: All information on this form becomes PUBLIC INFORMATION when submitted to the Mayor's Office. Position applied for: CCITYD SPOKANEVALLEY n i n y o,-~ I sG ~o Applicant's name: f ' 1 cc~ ~r•,/ '0'eYI-A PSG 3 Home address: S"/ 2 St?v ~Q A e' Vat(~,Zip code: 9 70 7 Home Phone: o`() PZ D Email: M I&I, c y54- 0/9 , EMPLOYMENT HISTORY Present or last employer: C2/~ ~ira3 ( UR f7 n S~ a I Position Held: Dates of Employment 2 9- PSG^~ $ 21 S SuII~: t/GtA q`1U37 Phone: ZZ S--61-1 q 7 Address: Previous employer: Ste, E,M / D t-60 Ca4 ~reac~De- G-voce,70 Address: 15-10 6 £ 2 " 2T o 3`7 Phone: X75- 3 Y EL EDUCATIONAL BACKGROUND High School ~~~t ,r`•~ ~r R~ a~ S, h 0o Diploma &E- 31-7K College/University (,~f4inc4G '-r a /L'- y C-o Degrees" College/University Degree COMMUNITY RELATED ACTIVITIES BPS' S 4~~ a ~ r-~ ~a7 i+-t ES VOLUNTEER EXPERIEK L1 r~A ~ ~~f e~ i/1 S / / ~ r1 c ~ ~S- ~ [tee ✓1 ~ o.n ~-0 5 Ot°~ / "1 ~ s s ~ t~ r~ C~~~,jrg~•e l~«o v~rr ~~~ori Gos~~~ ~'(LSS~`~°~ SKILLS/SPECIAL INTERESTS i uSS( CP.~f re,I Vt(1,°y Hf DP~`r~t? P'ran 10 S ,"-S ©11 0.1 d-~,S S Current and past positions held on City Board, Committee, or Commission (circle one): From: To: From: To: From: To: How long have you continuously lived within Spokane Valley city limits? NOTE: YOU MUST BE A RESIDENT OF THE CITY OF SPOKANE VALLEY. 1-2- What ~ c[ ~ S What do you feel you can contribute to the community that may not be evident from information already furnished on this application? let /K Wt 'f o / c caa / C i C1 `Co -/-/-t Vca ( ~>!~r ~i ZG~~S Ts C- /do 45*5C---J 6:c A z C«d~ ~`taTu f"~S - Why do you feel you are qualified to act as a member of the Board, Committee or Commission applied for? Can Le ( y C O 7L k c- f y 04 b AS'E' '(c,3r Q CO e- c[ 5 C s~ /14q 6c Would your appointment to this position create a conflict of interest or an appearance of a conflict of interest? oir y C- .S O. It is the policy of the City of Spokane Valley to achieve cultural and ethnic diversity on Committees, Boards, and Commissions. Information on this section will assist in achieving this goal and is voluntary on your part. ❑ Asian ❑ Hispanic ❑ African American ❑ Native American White ❑ Other /Z Signature Date 11/07/2007 VED 10:33 FALX 509 532 4980 Spokane Honie Builders 0002/003 Application Form for crr), o 00 Committees/Boards/Commissions Ip oKme Valle y Return completed form to: Office of the Mayor, 11707 East Sprague Suite #106 Spokane Valley, WA 99206 NOTE: All information on this form become, PUBLIC INFORMATION when submitted to the Mayor's Office. Position applied for: ~L~dA/ 1,4 L (:f 0,4 tV 1 1 SS' JO.'J Applicant's name: 42 r ~S14A/Z jefc, Home address: LS-S % ~ if , a l y p &7- Zip code: 9 03 Home Phone: Email: c1r'4"b• Ccy-, EMPLOYMENT HISTORY Present or last employer: Position Held: Dates of ~ Ill ,tJ k fZ OESiC 616Z612- Employment - S = 2 06 Address: 22-1 U ~IA.r~ SRO Phone: 3~G6 A, J Y 95'1-0 Previous employer: er ,v~r✓ c- TY ,~io27c~~G~ Address: /191 N • .~~C~-~rl(~ Q D • Phone: (mod 7~9~7 yy -5P0 le. AA.1 W,4 9/-),o (p EDUCATIONAL BACa<GROUND High School l) Q I V¢ 2S !'T I /Gie SeI,&eL- Diploma College/University ~1,) tLT66I T~Degree 15f elfvi-06 y ''yGttoL~ y College/University Degree COMMUNM RELATED ACTIVITIES FiE CITY OF SPOKANE VALLEY CITY CLERK 1.1/07/2007 WED 10:34 [`L`X/RX NO 59461 U002 11/07/2007 WL'D 10: 33 PAX 509 532 4980 Spokane Home Builders Qj003/003, VOLUNTEER EXPERIENCES Cuff IZ P,<- 6~/ S A L AaZl- G Ar- /2A4-V'702 S Sr~~2ur G Cv7zyn "~+'C J n1g6dL X66~'9 fF' D<2heryle SPdawk- /~Sdc:DF2/a 11-L?Q2f INTERESTS SKILLS/SPECIAL 1~ ~~.~.-~c (lb'l~► j. r /Lf 0~ /2'1 U l eA 7` 14N Current and past positions held on City Board, Committee, or Commission (circle one): ~f 67t From: To: From: To: From: To: Hove long have you continuously lived within Spokane Valley city limits? NOTE: ~ ~ y Q S YOU MUST BE A RESIDERrr OF THE CITY OF SPOKANE VALLEY. What do you feel you can contribute to the community that may not be evident from information already furnished on this application? ^I-~ g/✓0 s d.,v {uya~F~2 ST/-~-,c~ 0 t .-y G- d ` n~ u~ l 7 ~ Zy n ~,s~ s- . J Why do you feel you are qualified to act as a member of the Board, Committee or Commission applied for? A~ b¢ A✓ I V U v iiyl. _0 ~.,J C c//rl i'^ t i S ry IAK /L el km /0 lilt/ isA ; ~0 X/ ~~SS~ s' ~ •y~•S'~ r~i •TS Would your appointment to this position create a conflict of Interest or an appearance of a ~ D conflict of interest? . It is the policy of the City of Spokane ;alley to achieve cultural and ethnic diversity on Committees, Boards, and Commissions. Information on this section will assist In achieving this goal and is voluntary on your part. ❑ Asian ❑ Hispanic ❑ African American ❑ Native American Ihlte ❑ Other J .11/07/2007 WED 10:34 LTX/RX NO 59461 Q003 Application Form for aTV 6kane Committees/Boards/Commissions 3P UM V D R Valle Nov' t' 6 2007 .00 Return completed form to: ctiN of sQoxANsym-L" _ CITY CLERK Office of the Mayor, 11707 East Sprague Suite #106 Spokane Valley, WA 99206 NOTE: All information on this form becomes PUBLIC INFORMATION when submitted to the Mayor's Office. Position applied for: ~ f Qi'►1' ,~~Av Applicant's name: r d 's Q h Home address: Q. 3 re) A V C Zip code: q 9 0MG Home Phone: (Soy) q a Co a & q Email: ; I'7111 a rd soli p,hov. C~WI . EMPLOYMENT HISTORY Present or last employer: 'J 1 T Position Held: Dates of nyPS'c Employment Address: csame, oos homes Phone: Previous employer: rU&Y'7 Wi 11 arils " Addtess: ((?C e Phone: EDUCATIONAL BACKGROUND ---HigtrS-cl,eoF- 3AO(7 f C rhC: ~'G jj ,omrwwrn' Diploma College/University Q e. rt W a i 'OY1 rY,Degree Q~ 1, 'fo ar~. .►h0 College/University (f Q., '7 t W h i C Degree U1s to T es1s "`hey rf J hS 0~ I° a~ COMMUN TY RELATED ACTIVITIES Vallem i e G h of a n ~Fe a~ 0 ' + h e. A M 911 e, K\ it e vQ 1 ~r~ D v e VOLUNTEER EXPERIENCES rn a 4-ar (lard P,yt e„ , rn o S+0r cQtMPoS% *Y 1*tj• ~ 19 q G 4-0 G 1 ~v~ I.r~ a~ e I . Ju 1 n ~ ~b I ~ U a SKILLS/SPECIAL INTERESTS M e k, c, SS (1 oJI'vAl, L e- , l M_aold 4van od c -f f q i -eee., Current and past positions held on City Board, Committee, or Commission (circle one): t b% i !foc- From: To: rail ~Qy L , k ra~ el -r e From: To: ~l t! d L ~ C h f-3 I C.(A I'th rt, From: To: ~`ii l% i im eon g have you continuously lived within Spokane Valley Oty limits? NOTE: n Zow o n YOU MUST BE A RESIDENT OF THE CM OF SPOKANE VALLEY. ~ 1 YIr~ f v What do you feel you can contribute to the community that may not be evident from information already furnished on this application? ave ee a cT%'ve. ire bor h a el i ~ Lt ev e/a I J' Q" I~n a be at/J 1e.~ ea 01 i r +1 <11 i h dea/ Ir►~-e t ey- h~ r ~cry' ky Why do you feel you are quay ted to act as a m er of the Board, Committee or Commission applied for? C e' e fi e Q i at lL G M. /1 I` v~ clergy-f Ac), A s a C f; zev\ T wa b G di ye' 01 Yead!~ rAD 0,k ►I~ b +r C- c c. M ► h n ~1e, S i~ G, -As a -t. have, ru tin\ me ~ ccG law ~o b~~s Kt 4e,% r f h~ e k-S: t Would your appointment to this po ' on create a connictt of Interest or an appea ce o 0 f a f p conflict of Interest? ~ a M c~ yy►~~CW1 ~1 n- o +ke, 1 Vt tl7 r 4t - L! t ~i eCNSAq ~'weta(-d Y-CS!li~ r) ~ ~Ve, Q~ Tw- - r lovIn 6ft Caivt(Att~Stcl~1 It is the policy of the Uy of Spokane Valley to acYve cultural and ethnic diversity on Committees, Boards,'-dnd Commissions. Information on this section will assist In achieving this goal and is voluntary on your part. ❑ Asian ❑ Hispanic ❑ African American ❑ Native American hite ❑ Other r CITY OF SPOKANE VALLEY :Request for Council Action Meeting Date: 12-11-07 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA I'T'EM TITLE: Mayoral Appointments: Lodging Tax Advisory Committee BACKGROUND: Notice of openings was placed in the Spokesman Review/Valley Voice; the Valley News Herald, on our website, and was mailed to various organizations. A copy of the October 25, 2007 Memorandum from City Clerk Chris Bainbridge to Mayor and Councilmembers, explaining the openings, the application solicitation process, and copies of applications is attached. Terms will begin January 1, 2008. ACTION: Mayor to appoint three people, and a Council liaison. Terms tare for one or two years. .Recommended Motion: Motion to confirm 1lfayoral appointments to the Lodging Tar Advisory Committee as follovvs: 1. C'owicil Liaison, for a one-yeor term 7. , for a -year term (representing someone authorized to be funded by the tax) 3. , for a -year term (representing someone authorized to be funded by the tax) 4. fora year term (representing business required to collect 117e tux). BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ° ATTACHMENTS October 25, 2007 Memorandum from City Clerk, and applications for openings Some Valle 3' 11707 E Sprague Ave Suite 106 ♦ Spokane Valley VIA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum To: Mayor and Councilmembers cc: Dave Mercier, City Manager From: Chris Bainbridge, City Clerk Date: October 25, 2005 N l~ Re: Lodging Tax Advisory Committee Per Spokane Valley City ,Municipal Code 3.20, the City of Spokane Valley seeks three volunteers to serve on the Lodging Tax Advisory Committee. This five-member committee consists of two members who represent businesses required to collect the tax; two members involved in activities authorized to be funded by the tax, and one member of the City Council (whose term also expires 1 213 1 /20 0 7. There are two opening for members involved in activities authorized to be funded by the tax, and one opening for a member who represents a business required to collect the tax. Appointments are for one or two-year terms. Notice of these openings was placed in the Spokesman Review/Valley Voice, in the Valley News Flerald, on our website, and was mailed to various organizations. All applications were received by the announced November 16, 2007 deadline. The term for these positions will begin January 1, 2008. The following applications are attached for your review: Two openings for members involved in activities authorized to be funded by the tax: Peggy Doering, '101d City Concernsffvieals on Wheels Douglas Kelley, Regional Sports Commission One opening for member who represents a business required to collect the tax: Cal Clausen, Sterling Hospitality Christine A. Cochran, Pheasant Hill, Rest Western A letter from DanLimmcrer, President of the Spokane Hotel-Motel Association, recommending Christine Cochran for the appointment, is also attached. CD 11-14-01PO4:51 RCVD 11 maw Application Form for Comm y Valle Return completed form to: Office of the Mayor, 11707 East Sprague Suite #106 Spokane Valley, WA 99206 NOTE: All information on this form becomes PUBLIC INFORMATION when submitted to the Mayor's Office. tf C~ 'S o ~ ! Crete Position applied for: VC L 0d t Applicant's name: j Home address: I5-ZZ url Ui'et.0 { ag) zip code: 92~ L Home Phone: C 9 2- V- 9 02 Email : ldcl C e o 8(w ,f o EMPLOYMENT HISTORY Present or last employer: ! lGe: Position Held: Dates of VnItte 14-l~eesr 10'1 " yt-a-A-r- Employment Lci ~ 2n r~ Address: 1 d W a M-~ Phone: L 610 Previous employer: Address: Phone: 7 V7- J-6 i~ EDUCATIONAL BACKGROUND High School Diploma College/University -s-CSNIZ-.- ca--- r% sal Degree College/University C-0 157`x~ Degree 2 l22 r.~ COMMUNITY RELATED ACTIVITIES VOLUNT ER EXPERIENCES SKILLS/SPECIAL INTERESTS Current and past positions held on City Board, Committee, or Commission (circle one): From: 2,06 1-- To: c O G From: To: From: To: How long have you continuously lived within Spokane Valley city limits? NOTE: > YOU MUST BE A RESIDENT OF THE CITY OF SPOKANE VALLEY. Z ell What do you feel you can contribute to the community that may not be evident from information already furnished on this application? _ Why do you feel you are qualified to act as a member of the Board, Committee or Commission applied for? Ti'l'o lee/ A~o u-c Would you ppointment to this position create a conflict of interest or an appearance of a conflict of Interest? It Is the policy of the City of Spokane Valley to achieve cultural and ethnic diversity on Committees, Hoards, and Commissions. Information on this section will assist In achieving this goal and is voluntary on your part. ❑ Asian ❑ Hispanic ❑ African American ❑ Native American Wfiite ❑ Other Signature Date Application Form for Crf1' OF Comm ittees/Boards/Commissions 6ea RECE[ Valley Return completed form to: CITY OFSPO3i NE VALLEY CITY CLERK Office of the Mayor, 11707 East Sprague Suite #106 Spokane Valley, WA 99206 NOTE: All information on this form becomes PUBLIC INFORMATION when submitted to the Mayor's Office. Position applied for: 41-0 ;A / ~n•+-ra - Le"'- Applicant's name: Home address: z Zip code: Home Phone: (--p2) aSzl7 `7 Email: 011,11. EMPLOYMENJ HISTORY Present or last f- o employer: 7 i 4 Position Held: Dates of ~y -ice ion 2L tcc.o~n•c~c10e Employment Address: Phone: G/ Previous employer: -SAX Address: /W~ Phone: 3 ~S~ rJ EDUCATIONAL BACKGROUND High School c°t-1`G Diploma College/University Degree College/University Degree COMMUNITY RELATED ACTIVITIES a /7e~~iO~ r / S /1~/YIi55lo~ It vrt e A$c-znJj 42r- D a c~ 4i1~! +4'0-y~ 0 q I~A r F41' r c /4 F 7~ 7 VOLUNTEER EXPERIENCES Pa s i~~ or f GP~G L 12 llze~; m i ~1 L r SKILLSISPECIAL JNTERESTS Current and past ositions held ZP6 oard, Committee, or Commission (cirde one): pG n To: From: To: From: To: How long have you continuously lived within Spokane Valley city limits? NOTE: YOU MUST BE A RESIDENT OF THE CITY OF SPOKANE VALLEY. What do you feel you can contribute to the community that may not be evident from information already furnished on this application? J Why do you feel you ar qualifi d to act s member of the Committe~,or Commission applied f O U 9 /J ~ Would your appointment to this position create a nniiict of interest or an appearance of a conflict of interest? It is the policy of the City of Spokane Valley to achieve cultural and ethnic diversity on Committees, i3oards, and Commissions-f , _ Information on this section will assist in achieving this goal and Is voluntary on your part. Se ❑ Asian 0 Hispanic ❑ African American ❑ Native American Qk1hite ❑ Other f Nov 14 47 07:33a Cal Clausen 509 922 7916 P•1 Application Form for Committees/Boards/Commissions Valley Return completed form to: Office of the Mayor, 11707 East Spracue suite ,#106 Spokane Valley, WA 99206 NOTE: All information on this form becomes PUBLIC INFORMATION when submitted to the mayor's office. Position applied for: 4-6 ~!x So r y } r Applicant's name: n ~ Home address: Pm ),O,/Zip lp code: Email: C-;~- Home Phone: EtJPLOYMENT HISTORY ' Present or last employer: Dates of Position Held: n ' f Employment Address: `~a /f~/~~•~~ y ~c~ Phone: Previous employer: Address: Phone: EIaUCATFONAI.. BAC1CG120UVD High School Diploma College/University Degree College/University Degree COMMUNITY RELATED ACTIVITI'.ES Nov 1,4 07 07:90a Cal Clausen E09 922 7916 p.. VOLUNTEER EXPERIENCES c ~C /tea'/;)- rV /`71f^^ ~C''' -SQ An f a,fl tJG 4, .7 Ut S J 16' -'t c, ~G rt rC~ ~J C SKIIISISPECIALTNTERESTS ~7 C Ai 7. -Al I'e CQ i ~Jrj /Vt!,T! ~1 ~4 Current and past positions held on City Board, Committee, or Commission (circle one): From: To: From: To: From: To: How long have you continuously lived within Spokane Valley city limits? NOTE: YOU MUST BE A RESIDENT OF THE Ci'IY'OF SPOKANE VALLEY. What do you feel you can contribute to the community that may not be evident from information already furnished on this application? Why do you feel you are qualified to act as a member of the Board, Committee or Commission appliEd for? 44(ould your appointment to this position create a conflict of interest or an appearance of a conflict of interest? It is the polity of the City of Spokane Valley to achieve cultural and ethnic diversity on Committees, Hoards, and commissions. Information on this section will assist in achieAng this goal and is voluntary an your part. ❑ Asian ❑ Hispanic ❑ Arriean American ❑ dative American ONalite ❑ Other Signature Date 11/14/2007 WED ^6: 17 f JOR 1110. 56961 0002 RECSVu-U Pest Western Pheasant Hill 12415 F.F-9t Misfon Avenue Spokane. lh'asingtcn 98216 509/926-7432 • Fax 509/8+72-1914 October 30, 2007 %vwr_bstwestern.comrpbaasarMl city of s po ll a n e Valley 8 For00.269-0Jns Call 800.269-0081 " Office of the Mayor City of Spokane Valley d 11707 East Sprague Avenue Suite 106 C/7-YO ~T~C /iNC Spokane Valley, WA. 99206 Dear Mayor Wilhite: D.c 6 Enclosed you will find the application to serve on the Lodging Tax Advisory Commit ookrforward to being of service to my community through this opportunity to serve. As a resident of the City of Spokane Valley, a business operator and co-owner of a family business as well, we are deeply committed to the continued success of this very unique region in the Inland Empire. I believe 35 years in the hospitality industry with a focus in sales/ marketing can contribute to making wise choices in the use of these tax dollars. Should you have any questions regarding my application you are welcome to contact me at 509-944- 6360. Thank you in advance for your consideration. B sl~p egards, .Christi-ne A. ochran, CHA Director of Operations `~---tee • r Application Form for nTYUComm itteeslBoards/Commissions l1e SP ,;WoValley Return completed form to: Office of the Mayor, 11707 East Sprague Suite #106 Spokane Valley, WA 99206 NOTE: All information on is form becomes PUBLIC INFORMATION when submitted to the Mayor's Office. Position applied for: Applicant's name: Home address: /0/4 j&/-J,Z44 CGGLe, Zip code: 9 9a b 3 U ~lL~r 5'J n~. C~O.C~c3- r-uJ~~J Home Phone: Email: EMPLOYMENT HISTORY ~~IYvL_ Present or lastA employer: ~P~t.2rtr,LG dJ./ 7,L d'.~L,c✓ f li~iv ~c L2O Position Held: Dates of Employment 7 , Address: 4 (s- Phone: Previous employer: Address: 102-too ,CetI Phone: <5V3 - 0 / ro 1 `4-6uCATIONAL BACKGROUND High School Diploma COA acod~ College/University / (A.-teep"e, Degree 7- College/University d~ utA Degree f /Le t'.CL~, LL CI-~l ~L!~ll rl 32.3o6 COMMUNITY RELATED ACTIVITIES 1-C!Q C'.Gc,f.~r• ~~-C! PLC L- ~22~t , a! .2 c? O '~~IOL`C7NTEER EXPF_RZ~N~~S 5KILLSISPECIAL INTERESTS ~aQr Current and past positions held on City Board, . mmittte r Commissio (circle one): G (/c7 : C` .a cat ~Cca.~L F / i~~i fv To: 200 o rom From: ~ . 3- o6, To: From: To: How long have you continuously lived within Spokane Valley city limits? NOTE: iJ YOU MUST BE A RESIDENT OF THE CITY OF SPOKANE VALLEY. C; What do you feel you can contribute to the community that may not be evident from information already furnished on this application? U (,V L`"L~/ • JZ! h do ou feel ou a qualified to act as a member of the Board Committee or Commission a lie or? Would your a~ppotnFmen o th~s&posltlon create con id of intere$r an apps nos of a conflict of interest? y It is the policy of the City of Spokane Valley to achieve cultural and ethnic diversity on Cornniittees, Boards, and Commissions. Information on this section will assist in achieving this goal and is voluntary on your part. ❑ Asian ❑ Hispanic ❑ African American ❑ Native American ite ❑ Other Sig alum Date SPOKANE HOTEL,-MOTEL, ASSOCIATION 826 N STEVENSON COURT LIBERTY LAKE, WA 99019 PHONE 509.924.4793 FAX 509.924.4794 November 7, 2007 The Honorable Diana Wilhite Mayor, City of Spokane Valley 11717 E.-Sprague, Suite 106 Spokane Valley, WA 99206 Dear Mayor Wilhite: On behalf of the Spokane Hotel-Motel Association I would like to recommend . Christine Cochran for appointment to the Spokane Valley Lodging Tax Advisory Committee. Christine is a board member and consistent contributor to our association. Christine is a career hotelier and understands the importance of developing tourism through the thoughtful allocation of the lodging tax funds. We trust her knowledge of the hospitality trade and her commitment to overall economic development through tourism promotion. She would be an asset to your committee. Please feel free to contact me or our Executive Director, Toni Hansen if you have any questions. Si cerely, r . Dan Zimmerer, President Spokane Hotel-Motel Association General Manager, Red Lion River Inn tmh c: Deputy Mayor, Steve Taylor Council Member Bill Gothmann Council Member Gary Schimmels Council Member Richard Munson Council Member.Mike DeVlemming Council Member Dick Denenny- - Christine Cochran, Director of Operations, Best Western Pheasant Hill CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 11, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Assumption of Private Streets - Policy Discussion GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: The City has received a request from a homeowners association for the City to take over ownership and maintenance of an existing private road development. Additionally, the City receives numerous inquires from individual homeowners regarding their concern for maintaining private. streets. Attached are some photos of an existing private development that will aid in the discussion of a policy on the assumption of private streets. I have also attached a copy of the slide from John Hohman's presentation on October 16, 2007 regarding the current street standards and the recommended street standards for private streets. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Dave Mercier/Neil Kersten ATTACHMENTS Presentation Assumption of Private Streets Policy Discussion December 11 , 2007 r i , ,I ~ ~ ~ .r Yom, Ab 1 ~ alas ~ I-~ - 1,141 12 ago. ' _1W '1I _ tla, t . 1 Ell - <i - ~ .iE~~~ ~ iii i~ l . 1 1 9 `t4 ' ,Shy i1 tiA - s• , 'I 1 ! f i l t` •r'~j j _ jo~ ` n r ~,~s •e~~Qi rte.{1~ ~ ~i ~M~A~~.i~' i~~u '~e~al 1 1`x;1.. ftr 1,~ 1 ..~1 t.. ~l". ~ ,~r~~`A1fr~~r 'v~ j~n~~•4', 1L 1.r~ly~, lr' ~ `.r 1. -~f , Iii"""'" a , l lr rr'T°i4 w r ~ ~ f ,4f ' ~ ~ a ~ r ~ ~ r • I ~ + . SC ~ l ~r:~+t. L'. ~ i.T~'.7~tS~. rfi iii,. ~ .V _ . ~ . -bi':.ZM . ~ - - - - - i .w, - i r~~.. «I _ _ _ 1 W • - _ _ i ~ ~ " i1 ~ - ~ _ ~ sue- 1 ~r v f`' _ - - - - ~ ~I r _ _ - _ ~ - qq _ ~ _ ' , . _ a ~ r ~ ' -".1~. _ _ ~ 'ti• ~YF ~r"_ _ _.Ilyyu ~^r J~ I r ~~s 1 _ ~1 r ~ ~ - _ rT`~' - ~ - - ~ •~~Y - ~ ~ - i.! ~y _ ~~~t to r i L~ XL - ~ 9 I " i _ x - _ ~ ' + - ;w hod , r, ~ fs s Street Standards Recommended Changes RESIDENTIAL STREETS - Public/Private Designations - ISSUE: Current County approach favors use of driveways and private streets. • Driveway serves up to 3 lots. • Private street serves 4 lots and above (no limit). • Private street is narrower and typically has no curb or sidewalk • Developers choose between private/public. Private is preferred due to lower construction costs. • Homeowners Association responsible for maintenance of private street. - RECOMMENDATION: Limit the number of lots to be accessed through private driveways and private streets. Favor public streets and connectivity. • 1 lot maximum for private driveway. • 2 - 8 lots can be private street/fire access lane where existing development precludes connections. • 9+ lots designated as public street. • City will determine public or private designation. • Improves ability to establish functional grid network and connectivity. • Homeowners/City staff have clear maintenance responsibilities. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 11, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE : Legislative Matters GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: City Manager Mercier and some Councilmembers met with the City's lobbyist last June to begin dialogue on the City's future legislative agenda. Under separate cover, Councilmembers will receive an e-mail from Mr. Mercier discussing legislative issues, which in addition to those items discussed last June, will include mention of the $500,000 legislative effort for Greenacres Neighborhood Park District. It is anticipated that Councilmembers will receive the aforementioned e-mail prior to their Tuesday, December 11, 2007 Council meeting. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Dave Mercier ATTACHMENTS Gordon, Thomas Honeywell's November 26, 2007 letter to Mr. Mercier with accompanying 2008 Consulting Agreement and L1 Lobbyist Registration form. i RaoN HOMAS GOMM. M:PATAzO: t~: FTAIRS ' :Novctnbc r 26, 2007: -Mr. . ave-Mencier ~ . . - - • City ~lstrtstgcr . ::Spokane Valle " I.1707'East Slira itc Avcsiue; Suite. tfld Spoknnc-VaUy.-NVA •99206 Re: 2008 Gonsulttris ilfelcrnetn•andLl lafjbyist[tciatratiort dorm : Dear D Fnclosed.plcase. fnd ttid2008 Consultuig.Agrcciiicnt s{s well as the Ll l..oiibyisi. Rc' istrauorrforni regtwding dur.2GO8 Govcrnnie tal Affairs:serviees* Aleisc tr;vicw.:. these doeuntents and if you sipprovc, sign and return them:to.my off"tce:in the enclosed ciwelopc for fonvar(iing to-thi -Kiblic Disclosure Commission. Please-note that the:L'1 L,obbyisi Regisirtion form must be filed with thc:Com mission immediately. I will send a' fully executedcopyof the pgreeriient when.received: If you haw any questions, plense. do not"hesilatc to co inct o i Office. TMS:hbs.: Tint Schellbc.rg' 1_?01 Pacilri Ave.. Suitc2100 .Oaa Uirion Squarr; 6W:Unimsily, Suiru 21(x) 20.3 Ar,►"r)11:rrrtl.4 A'F Tacogm. Wi19S-101 tUi1981U1...... tCciirgrn{r At:20003 Ph: (253) 620-G500.'.1=n.r: 0-544 20-6565in (206) 6764500 !1.i x : (2o6) 676.7575 . - Ph:. (202) 544-2681 • I nr._.(20.) 544-5763 wt►'n.gthloot%cbm : _ Wit gth-gs~:cdm ti►~ti~i:8rh-gcr~tcciiri PUBLIC 3LSGL03r1rtLGO1410 04, - 11~45DACEf010 f1GCg31C ` `r- 711 CAPITOL YVAY RU 206 Po lrox s02oe OLTYPIA WAOasoa.osoe LOBBYIST. REGISTRATION.' - - (~a0) 7611t1t' ' . • To LL Me 11-M40I.2A2a (I 11W) 1 f 1. Lpbbgat lramo - I lTruMees Totopt+ono fturnbom l Gordan Thomas Honeywell Governmental Affairs Porrno mi 253) 620-6500 ' Permarx+nl.BUSlnos;AOUrosc Tcmpomfy .1201 Pacific Avenue,:Suilc 2100 conPtwno (253) 209-8818 a 1'Ogar CRY State Tip . F+WA Address i 711COME1 . WA 98401 tirns@~Ih gtyv.com 2. : Tatrpormy Thum-on County edNess du" loosl4vn sassy EmploWe compaboin, business or dkr..cripGon of TVa : purpo¢o at organlzatlon. 1 3: ; EmplOyt r s nurio Wrxt address "run of O,ovp for nstkh you toodp. Municipal Government .'Spokane Valley Ntn:''Dave.M9rcior,City Mpimger 1.1707 East Sprague Avenue, Suite 106 Spokane Valltiy,_ WA. 99206 - - a; N arm and eddrl wa or porson fdavav~ cuitydry of noCaun s, reaoipis. . booko at ml of diocurn=U Which sybotentPato C. t tin Addladss 1 ld byw mpoim (Person rrrpansiblo for producing ttw irnrwal L.3 ropon) I Mallee Sanders hsandersd9th-floi4com } 1201:Pacific Avenue, Suite 2100. Tacoma, WA. 98401 E YJha1 b: your pay (oomprr+satlon) for tobbytng7 Dwrt of em rkxo.n pbyment (ahdxic ono at mare boxes) 3 2.1 G0:60- per -Mort- i ua.dmo errdployvo (3 Soto du"1 la bibynfl (hour; ifay, montli, yvru) Othc. F_dpLi!ri Q• Part time or tomportuy omployoo .0 Lobby" I9 emy a part D, Cortgoetor, rWatrwr or stmlar a0raoemnT ' of Gamf rotas U jrdnlamdw*or or Mombar of group 0. Am )kw mimbtecod for lotboig ejperu»7, Ej*Uln %uth wpenzes• 'Dow errpto;nr pay any,ot your lobbying oj;)oruos dirpC'y? Yoe: 5' psi It yea, arirtatn %WAW Wnoo. . . . . C7 Yoe: - . 1 nm roimbur;odl tau o:rparr is, ❑ No, 1 am riat reimburocid for a pt!vtos.. 7. Hovi b71)i do you oypftt to lobby for this wgw%Lmtdn7 t7'Pennanenttebbyist. Q: Only during lVW.;tfvoro;sfan t] .Cthor,;EapL+hd:2000 ; . 0. Is youa wr#oyor atnnirms of trade asssociaton or similm ojpsnlzaborr lattlch kobbloa on WNW of Its rtKrrtbom? 11,M71 astir a tat ahoainp tro namo aad nddto.°s'of each mombor who hD* paid rho Itsscditlon tooe, duos at Wrier prnlter+t7 a+rr $500 during ether of trio print two ynarco or is wpoctod"to pay deer _5500 tiro yoar. O .110 p Ym llocoovor, do nwr", tila paid, pays, oils oxaectad to jwy ovor A500, O Yoo. Tho fist is omxhod D. !loos. wr omployvr ha+ro'a corxrectod; reUUed or closely e:fil!aled po!rtcN xt;on c4mmftoo vc AIi w4 prxw"e IurxL too yaw to make pefitleel contmuftons Ind w-ng purchrio 12kets fo.twd:talskrg eventm? It w. lirf Ow rwno of thatpomiad acton oomnrstw. D !ao Q .Yap; • rltgflo of tiro ccrral:pyw 1;: - 10. It lobb,1.1 t7 0 company, partrwMNp or rrmdar bu+Ihoen,onbty rt)Xtr omplop W iels to perform WWI IoWyti ig Gutbt, t8t namo'o oar, Towson wnO.van Ic&j (Soo WAG sw 20 Wn and 141 for krt%F;ioeu.) Tirn•Sclieltberg, Derek Young; Ndah Reandeau, James McMahan, Aaron Toso, Briattna Taylor 11: Areas of.lrrbtrost Lobbying Is rrowl t Nuonl broom "Wattivo owunl:toe mamborn r1ww s: . Or akt'W,AponctC9 erxlcenred ivtll;fo0owing ridbjeets: . CODE . SUHJECr 'CODE SUBJECT 0113 AWiWfture. .09 Q. HVh4r oduCattdm 02 ❑ . Q+rdLtiess Cef under alfalrc 10 Q ' H uman earAws 030- Constatdiom and'elerxlano 11'13-. Labor. 04 t7 • Eduaotlon 12 p Law sad justice 05 M Enagy and u11W • 19 p Lopl go%mmmo d •060 ~i►vifWrtmoatalrrhnlrs•'nakival 141D Stato.government ' rocouraos - parka i5Q Transpoitatioe, .07b - Fiiandal inst Orlon and fr+cwanoo. 1 G ❑ Outer - *apt. 080 Fiscsl CERTIFICATION: i tierat;y oortrty ttast'tho otw+b Is o uuo, conrpWo and correct EMPLOYER AUTHORIZATION! Conftrmk the anptorMw at'TioIOy to lobby destxlbod j' mtemont In this reQistrdtbn cmternariL 12, OEiB 1.'S SIGNATURE ' DATE EAIFLOYEWS SIGUATURE, NAVE-TYPED O.R MINTED, AND 'TITLE UAIC Pave Mender, City Manager NOTYAT.ID UNLESS SIGNED BY BOTH AGREr4,Ml.NT FOR:PitOrf,SSYnN~1L STsRVI 1~5 Gordon neryell-.Governmental -Affairs TH IS'AGItLEf~1LNT is tirade by and between the City of Spokane'V:illcy; a code City of [lte . Stitte .of Washington, hereinafter "City"'arid`Gordon'Thomas• Honep cll Gowmmc:ntttl -Affairs, hereinafter "Consultant," jointly refcrrvd:to , "parries: IN CONSIDERATION-of the terms, and conditions contained herein the parties agree ns - - follows: I.: Work to lk'Performed. The Consultant will. provide all labor, services and material to satisfactorilyeomplete the attached Scope of Services, attached as Exhibit A. A. Administration.' Ile City Manager or designee shall adininister iurd be the winiay-co'ntact for Consultant:. Upon.notice frotn.the City. Manager.or designee Consult tnt-0111 l coatrttctnec work;.pe.rfornt the rc quested. tasks in the:Scope•of W&kj:stop wort: urtd:protitptay cure any-failute in.Nrfortnahce under-ibis agreement. - B. Renrescniations. Tie City has relic-d uhan the tlunlifications of the Consitll:utt' iri e0tcring intio:ihis.agreernenr,- 13yexectition of this agreement; Consultant-rcpmserits ivpossesses the ability, skill and resources neccssaryto-perfortn the-Work-alld is fainiliitr with all,curtcht. laws', . rules aid regulations which rcasonitbly relatc:to the.Scope of Work. Nlo substittitioits of agmecl upfln i personnel shall be made :without the written consent of the City. Consultant shall .be responsible for the technical- accuracy of its services and documems resulting therefrom; and City shall not-be responsible for disc:ovcring.d4cicncies therein. 'Consultant shall correct such. deficiencies witliniit additiotial compensation except to the extent such. action is directly attributable to deficiencies in City fumishcd infonttation. G Vlodificaiinns. The City clay modify this agreement and orderchanf es in life work whenever necessary or advisable. The Consultant will accept modifications wheit.drdered in w.riting.oy the City ivlanagerordesignee.- Compensation for such.modifc itions.orchanges shall be as mutually agreed between the parties'. The Consultant shall rnalresuc h revisioils in itic.work as are... necessary to correct errors or omissions appear ng therein-wlteti n gain d to do so by the City without. . . addiiional compensation. `I'crnt of Contract..This agmentcrtlsliall he: in effect front )tiiuary 1, 2008ahr6ugli Decernbc01,,2048. At its soleoption,the Citycan-grantup to fourbrie-year-renmaloptions. which maybe exercised by the City Manager. Renewals, if any-shall coincide with the calendar year. : Either party rnaylerniinate this agrecittt:nt by. ten days-wriiten notice to the other ..party: In the event of such termination, the City.sball pay the:Consuliant for all work-previously ;tti(hbrized and satisfticlorily performed prior to the termination date. • -Awcenvill for t'mfc.WonA Scn'i'res Page 1 of 7 3. Compei►,sation..The City of Spokane Valley shall pay Consultiutt an annual fee of .$26,000 to complete the services identified in the Scope; of Scrvices. Consultant-shall only bill communication expenses, such as travel to Spokane Valley. The expenses shall not exceed 52,000 . for the tenn of the contract. t Y 11. P11VTnCtlt. T1te Consultant shall be Paid timithly upon-presentation of an invoice to the City. Applications-for Oaypieril'sltall be sent to the:CityClerk'at the below stated-address- The :..Citysltall pay each of Consultant's.invoices within thiny:dnys.after receipt and, verification by the, City. The. CiIy'reserves tale right to•withhold payment. for work done under ihis-al reenient which is determined in the rcatsotiable jirdgriteitt of tttc City.Manager or ilesigae.e fa be ttoncontpliant with the Scolq of Wort:, City Standards, City ordintitiees and federal or situ: standards. 5.. -Notice. Notice: shall'be given in ''n ing as'follows:, TO THE CITY. 'T(} Tl•1F_ CONSUUl'ANT:. Name: Christine Bainbridge, City Clerk Name: Tim Schellberg. -Phorfa Ntnnb&-.(509)921=1000 Phone Number: (253) 620-6500 Address: 11'707 East Sprague Ave, Suite 106 Address: 1201 Pacific Ave. Suite 2100 Spokane Valley.; WA 99206 Tacoma, OVA 98,101 6'. ilnAlicahle Luw%sin'd.Stundnrctti. The parties,' Ja the perfomtnnceof this agreement, agree to comply with all-* ipplicalilc Fcclexnl,.Slate, lac<il laws, or<linances;.autcl regulations: 7: itclatiitnsliin_ofnine !?s~rlic5:' [t is understood,:agiud attld declarecl.tltataheConsultant ghaffbe an ind4jerident'Consultan't=a't1A:not-the agent or employee. of. tile city*" (11,11- City, is. interested iin.oniy the results to be achieved;'and'that:the -right.io control the particular manner; .:nid and rncans in .wliich. the:S.ervices acre: performed' is' solely: wlil>in the discretion of the ..Consultant: Any and all emp_loyces-who.prtividc. services to the City under this ngruchient shall-be deetncd ernployeos solely of the Cottsultram..Tlte Consultant shall be solely responsible for the conduct and actions of all employees under this.agreement.and any liability that may atlacli thereto. 5. ownetNhip of Docunicrtt_S. All-drawings, plans, specifications, and other related docurttents prepared by the Consultant. under this agreement are tend: shall be the proPerlyof the City, and inlay be subject.to disclosure pursuatil to RCW 12.56 cr other applicable public record laws. 9. lteeords..Tate City or State Auditor. or any of their representatives shall hmtid full access to and the right to examine-during norntal:business hours a tll.ot"the-Consultant's records with ce;spetam all matters cO ered in this contract: Stich renneseniatiyes.shall he pertained to audit, - exaniine.and maiko excerpts-or transcripts from-sttch records-and-to-make audits of all contracts, invoices; matL-riads,.payrolls:and record of matters coVtrf (1-by iliis contract fora period of three years Agreement for PW asionatsavicis Page 2 of 7 From the dote final paynleni is made Hereunder. 10. ttisurance. `rhe Consuhant shall {irncure and maintain for the duration of. the agreement, insiirance.;igttinst• claitlms.for injuries to persons ,or darlinge to propcrty;which:ina?~ arise frotii or in connection wish ilic:pi:rfonnnnce of the work-hereundet-by the Consultant, its iigencs. representatives, or-enihloyces. . No Limitation. Consultants maintenance of insurance as requirvd.by the agreement shalt: not be eonsinied to lirnit,ihe liability. of.•the Constilt.~lnt to the coverage •pravided by such insurance, or othe.nvise limit the City's recourse to any re inedy available:at lacy or-in equity, A; Minimum Scope of Insurance. Consultant shall obtain insurance of the tyke described below: ; I , ~ttrloniobile Liability insurance covering all owned, non-owned, hired and.teased vehicles. Coverage shall be written on insurance Services Office (ISO) fora! CA 00.01 or- a substitute form providing equivalent liability coverage. If necessary- the policy shall bc: cndorsedao provide contractual Iiability coverage. _ i 2. - Corniher~cirt! G ie*ral' Giilbilit~~ insurnncc shall .lie written an ISO occurrence fortis CC-00 01 rind shrill over liability arising froni.prtntiscs. operations,. indeliende:nt contractors and personal injury and 6tivertising injury. The City sha be named as an- irisured'under: the Colisul[ant's Commercial -Genernt Liability .insur:uiee .policy- wittijespcct to tl>e :work pcrfomtecl'•for'theCity. 1 Workers' Compensation coverage as required'.by the Industrial Imlirance laws of the State of Washington. 4. Professional Liability insurance appropriate to the -Consultant's profession.. B. Mtinimuin_Anio_urlts of_Insurlnce, Consultant shall maintain 1116 foltowutg c -limits: 1, : Autorm3Gile l ial)ility insumnce wit11 a miiiiinulii combined single unlit for.boifily injury aiid, propertydtitbl tgc of $1,000,000 per accident. 2. Cinninerci l General, l iet,bility insurdrice shall be. wtitlcn Willi liuiitti no-less than St,000,000 each oecurrencc;'$2;00.000 geiieml. aggregate. K Professional Liahllify insumee shall be written ~Oh limits no less than $1,000,000 per claiiii and:$1',000,000 policy aggregate limit. A;r►wwnt for Profcu4mal Scn•ims i C. Gluier.hisur:utce Provisions: The' insurance. policies are to .conlain,. or be f endorsed to contain, the following Provisions for Automobile-Liability, Professional. Liability and:Comnie izl-Genernl Liability-insurance; . The: Consult ant's insurance coverage shall be primary insurance as respect the City. Any insurance, self insurance, or insurance pool coverage maintained by.the City shall be excess of the Consultant's insurance and shall not•conlribute with it.. 2 The,CortMt.ant's insurance shall be cndorsed-to stme. that coverage shall not' be cancelliA by either party, except .after thirty (30) days prior written notice by certified snail, relum receipt rcquesled, has been given to the ; City ll. Acceptability-of ncnrers [iisurancu is .to tie nlaced with insurers with a current A.ly1. Best rating•of'not less:thari A:Vll. -Vctrificatfitin .of Coven ~6. Consultant-shill] fumishf [lie City wilt original certiftcates und';rcopy ofthe +tntendutoryendorsentems, including but nolmecessarily liniited'to.the additicn-,it-insurcd endorsement, evidencing the insurance requirements of thaConsultaht beforccontritencenicrit of the work: Evidence of Csvmme, As evidence of the insurance covert ge's required by this contract, the Consultant shall funiish acceptable insurance certificates to the. City at the time the Cansulta'tnt.returns tiie signed contract. 77te certificate shall slx-cify all . of* (he * parties who are additional insurers, and will include applichble: policy eitclorsertietits, the thirty-(30) day cancellation clause, find the-deduction or retention leVCL liisurirgg coinpattiesbr entities are subject-to City acceptance. If requested, complete conies of ilisumnce polic'ics sliall'be provided to the City. The Consultant shall`bc ftriaricially restzonsiblc.foi alt pe.r1irient deductibles, self insured retentions, a»d/or self-insurance. 1'1: Indemnification anal llold-Hurmle' ss..Constiltaiit shall defctid,.indeiiiiiifyand ttol.d . the.City, its officers; officitils, einployces.and.volunteers hnrmless front any and all clairtts, injuries,.. damages, losscs,.or suits including nitorney*fecs;'lrising otrt of or resulting. front the acls, errors or otnissiolis of-tile Consuhant'hi purforntance:df this agreement, except for injuries and -amages caused by the sole negligence of tim City. 12. «'tti r. No off icer; 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. hlo • w fiver in one instance shall be held to be waiver of any other subsequent breach or non1wrfo -niance. All remedies afforded.in this agieentent'or bylaw, shall be tatken and constmcdas cumulative,:andinatil"slit;ontoeveryoth.L-.rremedyprovided:hi.reui.or-by.law. Rdlureofeitherparty Agruvnrhr for 1'rdfessionar Smicrs Page .t of 7 to enforce at .any time any of the provisions of this agreement or to require: at any time perfonnairtce -'-by.the other party of any provision hcnof shall in noway be construed to be a waiver of such provisions nor Shaul it affect the validity of this agreement or any part thereof. 13. Assitntttent•sindDelegation. NeItlierparty shalIassign, Iratnsferordelegateanynor . all oftheresponsibilitiesof.t is agmemenOr.the,bcnefits received•hereunderwithou[-first obtalfiing (lie written consent of'ihe other-party. 1=l. Suhcontcctctk' >rxcepi as otherwise provided herein,:the Consultant shatll not eater, into subcontracts for any.of the work conternplated-under this ag ernent without obtain ing'prior written approval. of the City. 15. Confidentiality. Consultant may, from tiatlc to.tinie, receive inforination which is . deemed by the City to be cofl[idenlial. Consultant shall not:disclosc such information without-the expri;ss wditen consent.of the City or upon order of ai Court of contpctcnt jurisdiction: 1 16. Jurisdiction and.Venuc. This agreement is entered into in Spokane County. Washington. Venue shall be in Spokane County,. State of Washington. 17. Cost and-Aitornev's 1:'ees;: in. ihe•event a lawsuit it is brought with respect to this aSrecc><icnt, the pitivatlliiig party, shall be: ~warded its costs :loll' attorney's fees in the amount to be detcrrnirietl.by t1te:Couri :is reasonable: Unless provided otltenviseby. sl:tlutc. Consultant's attorney -,fees payable by the City shaill:not exceed-theaolal sum amount paid under this agrti:etitent. LS. Entire Agretnicrit. `17his writtet agmement•cons titutes the entire and complete agreement bctwccn.ilicpatrties and sup~rccdes.any prior oml;or written ago c:tnents, This. agcLCmcnt iriay not be chautgi-d; niodiCiul or attterdcl except it' writing signed by the parties Hereto: 'duty 19. Aiiti=kickback, No, officer or. eittployce of the:City, having the power or. 10 perform-an officinl act or aiciion related to this agreement shFill have or acquire any interest in this atgreenient, or have solicited, accepted or Sraamed a present or future gift, favor, scrviceor other thing of value from any person with an interest in this agreement. 20.. i ii. iitess lle gislritlion. Piior.to commencement. of work under this aigreernem, Consultant shalt register with the, City as a business. ? I . Sc.°eraihility. If any section, sCntc:nct;, clatisc or {tltratsc of this atgn:cailcnt should be .held tobe invalid for any reason by a court of cornpelent jgrisdiction, such invalidity shall not affect ttte. valitlity.of any other section. sentence, clause or-pit rase of this it lel'rfleIll. 22., Exiiihils....Exiiibiis.att:iclted and,incorpbratted into this atgreement tire:.., A. Scopeof services 13, Insurance Ccrtiftcales I AgiV merit forYroresslunal Scr ices 'agc S of7 I , IN_WITNESS . WHEREOF. ilic-Part•ies.have.executed. (his.. Inent tills day of : 2007. CITY OF SPOKANE VALLEY: Consultant: mvid'Mercier, City.Manager Owner Tax ID No. 20-5719012 i ATTEST: APPROVED AS'TO FORM: t Christine Bainbridge, City: Clerk Off cc;of ihc.City Attonicy = I XE11I11'1' "A" SCOPE OF «'ORIC •Scope of Avor k: Consultant shall provide (tic City of Spokane Vailey'with the following-goveinmcMal affair services: Identify and track all relevant legislation: 1 Provide City witli weekly repottc and tracking lists during the legislative session: 3. Attend till relevant legislative hearings:. 4. Attctid•all i~lwznf lcoisfativcinectings: 5.: Cb©rdinate city officiIlls to:tesiify in relci~nnt C'gislaiive licarings; 6. Lobby watitCnd, defeat or pass legislation or budgets that affcxt the City of Spokane Valley, S- itttcrestst. 7. Offer the use of otir tiVnshingtoti DC office aritl assisfante-with eslablisltiiig meetings with cottgn siontil dclcgntiun.ntcmlx:t 8. In addition to (lie actii'ities listL%I aboVC.10bby to iEttplttnvrtt the specific 2008 legislative agenda goals devcluhed by the City of Spoknne Valley. These include: P. Promote state ft ittling -forthe devclopment of Crean Acts Neighborhood I'tirk in the amount of tipprtaxirtately $600,000: Al;Nvnrnt for h4cssi6nai Scrv'itti Page 6 or7. . b. Perform ground "u~ork'for. increased state funding for streci-preservaiion and ntaintenant:e: C. Monitor and'support or oppose antcrtdrncnts to state furuling proc~.ss far local infrastructure as, they impact Spokane Valley; , d. Amend ic~islation_on cl mntc change :iffcctittg municipal comprehensive planning, to axclude- p' knneValley: • . C.. Encouruge state financial support for Project Access; f. Itonitor stttamline slhis-tax lirograniming.thnt nVolds adverse effects on Spokane Valley; g. Support annexation re latiotts that would allocate :1 p yr 1rs of County road arcs tout:e annexing jurisdiction; tt. Vetting proposAs-that increase RE T. funding in lieu of imposition of development related impact fees: L Create an effective, prt.sgnee !it Olympia S©thal ICgISl1it7t5 are aware of our naive interest in pending legistntion such as Growth Nlanngentent Act • Tll>'ISIOt1S: j. -Alerting .the Council.tnemerging issues that may. have a positive or -Spokan . Valley;-and, adverse'effcct on thr.Cit' Y-o k, . ' . Wntifying-neiv:ri venue and'grnnt funding•opportunitics: i«onititr legiSiacion that:would rt;9uin: tltc:Gity of Spoknnt:.Vnlley to change to a wtiril* tem of Council-districts. ASr-cnnntfar(Yllt'cSSiat' ServicLs _ Pub 7of7 E CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 11, 2007 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ED information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Real property acquisition related to streets from state turn back agreement (PART TWO) GOVERNING LEGISLATION: NA PREVIOUS COUNCIL ACTION TAKEN: Approved motion to accept quit claim deed from Spokane County on August 28, 2007. BACKGROUND: In 1997, Washington Department of Transportation (DOT) and Spokane County jointly planned for the redevelopment and reconstruction of the Sprague Avenue/Appleway Avenue interchange area. As part of that, Spokane County transferred its rights-of-way to DOT, which would then manage and construct the project immediately around I- 90. This is a typical scenario in such projects. Once the project is finished, DOT will do a "turn- back" agreement, giving the property back to the local jurisdiction. DOT did not finish with all of the aspects of the project until 2005. DOT was cognizant that we were now the local jurisdiction, but believed they could not transfer it to us, and must instead turn it back from the jurisdiction it came from. Hence, DOT transferred portions of existing roads (See map and legal description of properties). Spokane County became conscious of the issue in May, 2007, and sought to have DOT take them back and re-transfer the streets to Spokane Valley. DOT declined to do so. Following several meetings by our staff with County staff, the parties mutually agreed that the only appropriate solution would be for Spokane County to formally quit claim the streets to Spokane Valley to remove any issue of ownership. UPDATED INFORMATION - After the Council approved the acceptance of the right-of-way outlined in the map attached to the draft quit claim deed, Spokane County notified the City that it erroneously included a small portion of property that it wished to retain. That property is identified on the attachment to this RCA. The County would like to retain that portion because it also owns the property abutting this sliver, and this would make it a little larger. The County has a prospective purchaser for the entire property, and has asked that the Council grant this change to its previous approval. Spokane County is requesting that the Council amend its prior motion of August 28, 2007, to authorize staff to sign the amended legal description, which excludes the area identified in yellow on the attached map. The rest of the legal description remained the same. Staff will present the motion on December 18, 2007. OPTIONS: RECOMMENDED ACTION OR MOTION: NA. BUDGETIFINANCIAL IMPACTS: None. STAFF CONTACT: Cary Driskell, Deputy City Attorney i 'I ATTACHMENTS: Map and draft quit claim deed with legal descriptions. Tumbal 1c Ac rlmmantN4. [I-Ulli;'i spot mw County T.2 N, Fto43E, W~ ►32 ~a az a w ` , 1~ j I s ta-r~r wr+w~rr ZZi ~ ILIA 11 I1 J+ ~111I 1 Q Yll I C ~ c Q ~ I I ~ 1 LSltlf 1V1 1~..L) I I I 1 ' r: 1 ....n I `y s- ME I~1 HY I~l WL - 3 I 1. LID .3 SEC. 24 I ACat •FS IS•SI. I j ~ t t~T., I I s t _ 1 ~ ~ _ -•-1^ I i L 1 sr Halo ~ •~•1 1 ! c ~'y~n I `ra .n:.ii~i~ c~,qw, ~ _.~I.fl - y ,'SrJ 1 :,r ,ri•I ~ ltl r~a:t n1` ♦ IZN. .u Z:~.-[$"~ - a• ~rc 1 1.77 I I dnCP I 1 ,Uf•~JC R. slur l .1 »i n. This a11FET summms IRTCT a W it EX4Mff A • t CcrtcctrdPcmwaf'Lrul "Aram pm Amun,n w.,rtYw~ revere awss! rlnu... ti/W [ICQiCatlotll ►tw.a Mttt o,on wa~ntm L11r1 ,~Itlrr r a 5R 90 NP 204.51 TO tdP ZE~. Border GTumdM', SPRAGUE AVE. 1NTERCHANGC V7 % _ saxwr Wuhly flltr'I Arcri nJSat mutt or wr mm, rul Alm CIR 710IW FA 96490 TO 5TAT TATTIII FA JI,-:C.c ra;171rr,a11 film AOW114I1"? nF rhVIUParrs Inu ~Ml a. I,aait nc -c+ ■ r~+.. i.. VI y M'rGlii!'Yf I u r a h.♦1.. rs.,atr.. W r tti~ gyp, a OR AM iptpr Iran t^•m •'^iZ0 .mimic a •uuur i r. It R[Al_ fST TF smy1GEb r- RESOLUTION NO. BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASI-HNGTOINi RN THE MATTER OF AMENDING AND ) CORRECTING CONMSSIONERS RESOLUTION ) NO. 07-0743 REGAR.D[NG INCORRECT LEGAL ) RESOLUTION DESCRIPTION FOR QUIT CLAIM DEED ) TO CITY OF SPOKANE VALLEY FOR ) RIGHT OF WAY PURPOSES ) WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of county property and the management of county funds and business; and WHEREAS, pursuant to the provisions of RCW 36.34.290 the Board of County Commissioners may dedicate any county land to public use for public streets and alleys in any city or town; and WHEREAS, on September 4, 2007 the Board of County Commissioners did approve Resolution No. 07-0743 authorizing the execution of a Quit Claim Deed of those certain rights of way legally described in said resolution. Prior to recording; of said Quit Claim Deed it was found that a portion of the legal description was factually incorrect based on Spokane County property holdings. WHEREAS, on June 19, 2007 the Board of County Commissioners did approve Resolution No. 07-0494 granting a Border Easement in favor of the City of Spokane Valley located on the southwest corner of Thierman Road and Appleway Boulevard this was in accordance with County Road Project (CRP) 2396; and WHEREAS, the location of error in the legal description aforementioned is the southwest corner of Thierman Road and Appleway Boulevard and the correction to the legal description reflects both the Border Easement and property lines as depicted in County R.oad Project 2396; and WF[E IR AS, the Spokane County Engineer recommends approval of this amendment to Resolution 07-0743 and the correction to Exhibit "A" of said resolution to reflect the aforementioned correction. The following is the corrected legal description of said rights of way dedication: A portion of the following sections; Section 23, "Township 25 North, Range 43 East, W.M., Section 24, Township 25 North, Range 43 East, W.Avi., Section 13, Township 25 North, Range 43 Fast, W.M., Spokane County, Washington. For detailed legal description sce.Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT RiISOLVED by the Board of County Commissioners of Spokane County, Washington, pursuant to the provisions of RCW 36.34.120, and after consideration of the Spokane County Engineer as set forth herein, that the recommendation of the Spokane County Engineer to amend Commissioners Resolution No. 07-0743 and insert the correct legal description is accepted and that the aforementioned rights of way, legally described in the attached Exhibit "A" be dedicated for rights of way purposes, and that the Chair of the Board of County Commissioners or a majority of the Board be and is hereby authorized to execute a Quit Claim Deed and any and all documents associated _ with this transfer at other than an open meeting. APPROVED by the Board of County Commissioners of Spokane County, Washington this I Ith day of December, 2007. MARK RICHARD, CHAIR ATTEST: BONNTE MAOER, VICE-CHATR LAY: DANIELA ERICKSON CLERK OF `rl-IF.. BOARD TODD i9IEi.K13, COMMISSIONER EXHIBIT °A° PARCEL A: That portion of the Northwest quarter of the Northwest quarter of Section 23, Township 25 North, Range 43 East, W.M., in Spokane County, Washington, described as follows: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) 14+54.35 on the SR 90 Line survey of SR 90, Sprague Ave. Interchange Vic. and 202.50 feet northerly therefrom; thence easterly parallel with said line survey to a point opposite HES 18+83.97 thereon; thence northerly to a point opposite said HES and 262.50 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES 14+54.35 thereon; thence southerly to the point of beginning. PARCEL B: That portion of the Northwest quarter of the Northeast quarter AND the Northeast quarter of the Northeast quarter, all in Section 23, Township 25 North, Range 43 East, W.M., in Spokane County, Washington, described as follows: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) FS 32+13.63 on the FS Line survey of SR 90, Sprague Ave. Interchange Vic.- and 30 feet southerly therefrom; thence easterly parallel with said line survey to a point opposite HES FS 52+87.5 thereon; thence northerly to a point opposite said HES and 30 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES FS 48+08 thereon; thence northerly to a point opposite said HES and 50 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES FS 47+48 thereon; thence southerly to a point opposite said HES and 30 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES FS 32+13.63 thereon; thence southerly to the point of beginning. PARCEL C: That portion of the Northwest quarter of Section 24, Township 25 North, Range 43 East, W.M., in Spokane County, Washington, described as follows: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) F 8+00 on the F Line survey of SR90, Sprague Ave. Interchange Vic. and 30 feet southerly therefrom: thence easterly to a point opposite HES 13+94.70 on said line survey and 137.07 feet southerly therefrom, said point being parallel with and 15 feet westerly of the EA line survey of said highway; thence southerly parallel with said line to a point opposite HES EA 11+11.44 thereon; thence southwesterly and southeasterly along a curve to the left, having a radius of 50 feet, an arc distance of 109.52 feet; thence North 88°21'00" East 4.11 feet; thence South 02°11'08" East 8.95 feet; thence North 88°09'37" East 62.22 feet; thence North 18°47'31° East 11.64 feet; thence northeasterly and northwesterly along a curve to the left, having a radius of 50 feet, an arc distance of 92.68 feet to a point opposite HES EA 10+97.55 on said line survey and 15 feet easterly therefrom; thence northerly parallel with said line survey and 15 feet easterly therefrom to a point opposite HES EA 13+55.26 P.T. thereon; thence North 02°12'50" West 30 feet; thence northeasterly along a curve to the right, having a radius of 125 feet, an arc distance of 65 feet to a point opposite HES F 14+61.38 on the F Line survey of said highway and 53.52 feet southerly therefrom; thence southeasterly to a point opposite HES F 17+80.58 on said line survey and 48.59 feet southerly therefrom; thence northeasterly to a point opposite HES F 17+81.79 on said line survey and 44.55 feet southerly therefrom; thence southeasterly to a point opposite HES F 17+91.41 on said line survey and 46.20 feet southerly therefrom; thence easterly to a point opposite HES F19+18.32 on said line survey and 23.90 feet southerly therefrom; thence southerly to a point opposite HES F 19+18.55 on said line survey and 29.97 feet southerly therefrom; thence easterly parallel with said line survey to a point opposite HES F 20+85.16 thereon; thence southerly to a point opposite said HES and 35 feet southerly therefrom; thence easterly parallel with said line survey to a point opposite HES F 22+17.25 thereon; thence northerly to a point opposite said HES and 25.33 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES F 20+66.04 thereon; thence northerly to a point opposite said HES and 30.26 feet northerly therefrom; thence westerly to a point opposite HES F 18+83.05 on said line survey and 27.56 feet northerly therefrom; thence northwesterly to a point opposite HES F 18+50 on said line survey and 38.24 feet northerly therefrom: thence northwesterly to a point opposite HES E 10+69.36 on the E line survey of said highway and 61.81 feet easterly therefrom; thence northerly to a point opposite HES E 12+38.66 P.T. on said line survey and 33.83 feet easterly therefrom; thence northerly to a point opposite HES SA 10+32.35 on the SA line survey of said highway and 25 southerly therefrom; thence easterly parallel with said line survey to a point opposite HES SA 14+49.65 thereon; thence easterly to a point opposite HES SA 15+35.01 on said line survey and 20.72 feet southerly therefrom; thence southerly to a,point opposite SA 15+37.22 on said line survey and 36.23 feet southerly therefrom; thence easterly to a point opposite HES SA 15+98.08 on said line survey and 25 feet southerly therefrom; thence southeasterly parallel with said line survey to a point opposite HES SA 16+40.88 thereon; thence southerly to a point opposite HES SA 16+45.58 on said line survey and 44.87 feet southerly therefrom; thence easterly to a point opposite HES SA 17+04.06 on said line survey and 31.45 feet southerly therefrom; thence northerly to a point opposite HES SA 16+80.70 on said line survey and 69.64 feet northerly therefrom; thence westerly to a point opposite HES SA 16+22.13 on said line survey and 56.59 feet northerly therefrom; thence westerly to a point opposite HES SA 14+71.64 P.C. on said line survey and 35 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES SA 9+16.69 thereon; thence southerly to a point opposite HES SA 9+15.83 on said line survey and 31.30 feet southerly therefrom; thence northeasterly to a point opposite HES SA 9+41.58 on said line survey and 25.12 feet southerly therefrom; thence easterly to a point opposite HES SA 9+65.47 on said line survey and 25.22 feet southerly therefrom; thence southerly to a point opposite HES E 14+26.19 on the E line survey of said highway and 33.30 feet westerly therefrom; thence southwesterly to a point opposite HES E 12+00.09 on said line survey and 52.07 feet westerly therefrom; thence southwesterly to a point opposite HES E 10+94.26 on said line survey and 66.84 feet westerly therefrom; thence southwesterly to a point opposite HES F 13+00 on the F line survey of said highway and 70 feet northerly therefrom, thence southwesterly to a point opposite HES F 11+00 on said line survey and 30 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES F 8+00 thereon; thence southerly to the point of beginning. PARCEL D. That portion of the Northeast quarter of the Northwest Quarter, the Southeast quarter of the Northwest quarter, the Northwest quarter of the Northeast Quarter, and the Southwest quarter of the Northeast quarter, all in Section 24, Township 25 North, Range 43 East, W.M., in Spokane County, Washington, described as follows: Beginning at a point opposite Highways Engineer's station (hereinafter referred to as HES) F 22+17.25 on the F line survey of SR 90, Sprague Ave. Interchange Vic. and 25 feet southerly therefrom; thence easterly parallel with said line survey to a point opposite HES T 13+19.97 on the T line survey of said highway and 30 feet easterly therefrom; thence northerly parallel with said line survey to a point opposite HES S 79+50.22 on the S line survey of said highway and 50 feet southerly therefrom; thence westerly parallel with said line survey to a point opposite S 78+90.98 thereon; thence westerly to a point opposite HES T 26+11.12 on the T line survey of said highway and 30 feet westerly therefrom; thence southerly to a point opposite HES T 23+91.65 on said line survey and 30 feet westerly therefrom; then southerly to a point opposite HES T 23+44.36 on said line survey and 30 feet westerly therefrom; thence southerly to a point opposite HES T 22+70.43 on said line survey and 34.39 feet westerly therefrom; thence southerly to a point opposite HES T 22+53.02 on said line survey and 34.35 feet westerly therefrom; thence southerly to a point opposite HES T 21+25.15 on said line survey and 30 feet westerly therefrom; thence southerly to a point opposite HES T 20+30.34 on said line survey and 30 feet westerly therefrom; thence southerly parallel with said line survey to a point opposite T 13+69.67 thereon; thence westerly to a point opposite HES F 22+17.25 on the F line survey of said highway and 25.33 feet northerly therefrom; thence southerly to the point of beginning. PARCEL E: That portion of the North half of the Northwest quarter of Section 24, Township 25 North Range 43 East, W.M., in Spokane County, Washington, described as follows: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) W-E 22+81.55 on the ME Ramp line survey of SR 90, Sprague Ave. Interchange Vic. and 31.7 feet northerly therefrom; thence southeasterly to a point opposite HES ME 23+25 on said line survey and 17 feet northerly therefrom; thence easterly parallel with said line survey to a point opposite HES W-E 24+55 thereon; thence easterly to a point opposite HES ME 25+24.50 on said line survey and 16.5 feet northerly therefrom; thence easterly to a point opposite HES FA 27+16 on the FA line survey of said highway and 4.5 feet northerly therefrom; thence easterly to a point opposite HES FA 29+96 on said line surrey and 12.5 feet northerly therefrom; thence southerly to a point opposite HES FA 29+97.32 on said line survey and 33 feet southerly therefrom; thence easterly parallel with said line survey to a point opposite HES FA 30+57.32 thereon; thence northerly to a point opposite said HES and 30 feet southerly therefrom; thence easterly parallel with said line survey to a point opposite HES FA 32+66.95 thereon; thence southerly to a point opposite said HES and 60 feet southerly therefrom; thence easterly parallel with said line survey to a point opposite HES FA 33+26.88 thereon; thence northerly to a point opposite HES FA 33+26.83 on said line survey and 38.90 feet southerly therefrom; thence northeasterly to a point opposite HES FA 33+52.63 on said line survey and 19.85 feet southerly therefrom; thence easterly to a point opposite HES FA 35+63.97 on said line survey and 25.74 feet southerly therefrom; thence southeasterly#b'..tgint opposite HES FA 35+92.-65 and 54.75 _ feet southerly therefrom; thence northerly'to! rot,:opposite HES T 23+44.36 on the T line survey of said highway and 30 feet westerly therefrom; thence westerly,to a point opposite HES FA 35+11.90 on the FA line survey of said highway and 21.73 feet northerly therefrom; thence westerly to a point opposite HES FA 33+25.94 and 26.92 feet northerly therefrom; thence northerly to a point opposite HES FA 33+25.32 and 58.34 feet northerly therefrom; thence westerly to a point opposite HES FA 32+65.32 on said line survey and 57.95 feet northerly therefrom; thence southerly to a point opposite said HES and 47.72 feet northerly therefrom; thence southwesterly to a point opposite HES FA 32+53.92 on said line survey and 32.87 feet northerly therefrom; thence westerly to a point opposite HES FA 31+45.09 on said line survey and 33.06 feet northerly therefrom; thence westerly to a point opposite HES FA 30+10.41 on said line survey and 33.31 feet northerly therefrom; thence northwesterly to a point opposite HES FA 29+96.16 on said line survey and 52 feet northerly therefrom; thence northerly to a point opposite said HES and 55 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES FA 29+36.16 thereon; thence southerly to a point opposite said HES and 52 feet northerly therefrom; thence southwesterly to a point opposite HES FA 29+20.75 on said line survey and 34 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES FA 26+75.47 thereon; thence northwesterly to a point opposite HES FA 26+66.10 on said line survey and 40 feet northerly therefrom; thence northerly to a point opposite said HES and 55 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES FA 25+83.23 thereon; thence southwesterly along a curve ` to the right, having a radius of 81.98 feet, an arc distance of 66.84 feet to a point opposite HES W-E 25+23.84 on the W-E Ramp line survey of said highway and 41 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES W-E 23+35.96 thereon; thence northerly to a point opposite HES W-E 23+35.58 on said line survey and 93.37 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES W-E 23+05.58 thereon; thence northwesterly to a point opposite HES ME 22+81.01 on said line survey and 105.57 feet northerly therefrom; thence southerly to the point of beginning. PARCEL F: That portion of the South half of the Southwest quarter and the Southwest quarter of the Southeast quarter,of Section 13; and that portion of the North half of the Northwest quarter and the Northwest quarter of the Northeast quarter of Section 24; all in Township 25 North, Range 43 East, W.M., in Spokane County, Washington, described follows: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) 74+06 on the SR 90 line survey of SR 90, Sprague Ave. Interchange Vic. and 185 feet southeasterly therefrom; thence southwesterly parallel with said line survey to a point opposite HES 72+25 thereon; thence southeasterly to a point opposite HES SPWE 63+71.45 on the SPWE line survey and 14 feet southerly therefrom; thence northeasterly parallel with said line survey to a point opposite HES S 66+48 on the S line survey of said highway and 50.5 feet southerly therefrom; thence northerly to a point opposite said HES and 50 feet southerly therefrom; thence easterly parallel with said line survey to a point opposite HES S 69+00.25 thereon; thence southerly to a point opposite said HES and 70 feet southerly therefrom; thence easterly parallel with said line survey to a point opposite HES S 69+60.25 thereon; thence northerly to a point opposite said HES and 50 feet southerly therefrom; thence easterly parallel with said line survey to a point opposite HES 72+30.36 thereon; thence southerly to a point opposite said HES and 70 feet southerly therefrom; thence easterly parallel with said line survey to a point opposite HES S 72+90.36 thereon; thence northerly to a point opposite said HES and 50 feet southerly therefrom; thence easterly parallel with said line survey to a point opposite HES S 75+60.22 thereon thence southerly to a point opposite said HES and 70 feet southerly therefrom; thence easterly parallel with said line survey to a point opposite HES S 76+20.22 thereon; thence northerly to a point opposite said HES and 50 feet southerly therefrom; thence easterly parallel with said line survey to a point opposite HES S 78+90.98 thereon; thence easterly parallel with said line survey to a point opposite HES S 79+50.22 thereon; thence easterly parallel with said line survey to a point opposite HES S 82+20.00 thereon; thence northerly to a point opposite said HES and 50 feet northerly therefrom-, thence westerly parallel with said line survey to a point opposite HES S 70+64.64 thereon; thence northerly to a point opposite said HES and 70 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES S 70+04.64 thereon, thence southerly to a point opposite said HES and 50 feet northerly therefrom; thence westerly parallel with said line survey to a point opposite HES S 66+48 thereon; thence northerly to a point opposite said HES and 52.5 feet northerly therefrom; thence westerly to the point of beginning. PARCEL G: That portion of Dyer Street and Dollar Street in the Northeast quarter of the Northwest quarter of Section 24, Township 25 North, Range 43 East, W.M., in Spokane County, Washington, lying between above described Parcels E and F. The specific details concerning all of which may be found on Sheet 2, bearing date of approval October 17, 1997, revised to February 26, 1999; Sheets 3, 4, 5, 10 and 11 bearing date of approval October 17, 1997, revised to April 17, 1998; Sheets 6 and 9, bearing date of approval October 17, 1997, revised to September 10, 2004; and Sheet 8, bearing date of approval October 17, 1997, revised to December 10, 2004 of that certain plan entitled SR 90, Sprague Ave. Interchange Vic., now of record and on file in the office of the Secretary of Transportation at Olympia, Washington. After Recording Return To: Spokane County Engineer's Office Attn.: Right of Way Department 1026 West Broadway Avenue Spokane, WA 99260-0170 Document Title: Quit Claim Deed Grantor: Government, County of Spokane. Grantee: Last name first, City of Spokane Valley Legal Description: NW 1/4 NW i/a,NW 1 /4NE I/4 and NE 1 /4NE I /4 of Section 23; SW iASW1/4 and SWIMSE1A of Section 13 NW 1/4N\V1/4,SW1/4NW 1/4, NE1/4NW1/4 and SE1/4NW1/4 of Section 24; All in Township 25 North, Range 43 East, W.M. Additional Legal Description: See Pages 3-6 of Exhibit "A" Assessor's Tax Parcel Number(s): None Assigned-Public Road Authorized by Resolution No. 7-0743 Amending Resolution No. QUIT CLAIM DEED THE GRANTOR, Spokane County, a political subdivision of the State of Washington, for and in consideration of Mutual Benefits, conveys and quit claims to City of SLokane. Valle the following described real estate, situated in the County of Spokane, State of Washington: A portion of the following sections; Section 23, Township 25 North, Range 43 East, W.M., Section 24; Township 25 North, Range 43 East, W.iM., Section 13, Township 25 North, Range 43 East, W.M., Spokane County, Washington, For detailed legal description see Exhibit "A" attached hereto and made a part hereof. 1 0 IN WITNESS VNWREOF, said political subdivision has caused this instrument to be executed by its proper officers and its seal to be hereunto affixed this day of 20 Mark Richard, Chair ATT EST: Bonnie Mager, Vice-Chair Daniela Erickson Todd Mielke, Commissioner Clerk of the Board STATE OF WAS.HWGTON ) COUNTY OF SPOKANE ) ss On this day of 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Mark Richard, Bonnie Mager and Todd Mielke, to me known to be the elected officials of the Board of County Commissioners of Spokane County, a political subdivision that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said political subdivision, for the uses and purposes therein mentioned and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of this political subdivision. Witness my hand and official seal hereto affixed the day and year first above written. 'NOTARY PUIRTC In and for the State of Washington, residing at Spokane. My appointment expires: