2005, 10-11 Regular Meeting
~
~
J
AcErrnA
SP4KANE YALI..EY C!'fY COUNCIL
R.EGUIAR hTCET1NG #76
Tuesday, Uctobcr 11, 2005 6:00 p.m.
C'ITY iIALL AT REDWOUD PLALA
11707 F.L4t Sprague Avenac. Fir9t Tloor
Council Reqnesf3 AII F.irctronk Qt-vica bc Turncd OtTDuriag Conacil Mectiog
(`4LL 7'C) nKD[•.K
[NVUCATION: 1'sgorManur]l)rnninp-I~ciuntttinktirti,;cric;
P1.EDGF OF ALI.EGIANCE
ROLL CAI.L
APPRnVAL UF AGENDA
INTRCfDUCI'(QN QF SYECiAI. GUESTS AND PRFSEN'I'ATIONS
COM111ITTF.E. I30ARD. I.[AlSU1v SUMNIARY RF_POk'1'S
MAYQR'S REPORT:
Yl1KL1C CO.NENTS .ls »vted hcluw, certuin ugeiulu ltenu pruvide em uf►Inrrtwritv fnr puhlic
c•ommrttt driring lira ciiscourse of tliul agendu item, wu! publk comneni wl11 he imited on thase irem.c cu
lhey comc up an thr ugetuJrr. ALso ux noted brlow, agenrJa itemc srrch as ':4dminismatne Xepvrts" cmd
"Inforniaticm f)rtlv" rtenxs do nvt ullrnw jor ptihllc rnmment cfuring t!K di,ceourJe of lhnsc ilem.t; ltnxw►rr,
ybu mm, c wnmcnt an thnse itenrs no►v, ax we11 ar any vthcr nnn-agetxiu itenu of intrrest to yvu. Wu n
Vnu come tri the Iectcrn, pJease stateywur name and arldresc.fur tlre rec•vr,r1 anullinrit rtvnarks tn tJere-e
mrnutrs.
1. I'UBL1C tiF,ARING: Prvposted 2006 Budget - Ken 'I'hompsc►n
2. CUYtiF;\'T AGENpA Consists of itcros Cansidcxrci ruutinc which arc Approvad as a graup. A
councilrnembcr IIav rcuiavr an itrm fmiai Utc C:omcat Agcrtdn to be cattsidcncd separatcly.
a. Approval of the Fo1lowing Yuuchcrs- Mnry Raslington:
VOt1CIJOER LIS'1' VOUGI-IL'R 7'OTAI.
UATE Kumbct(s) YnUC_ HER
I AM!)CTN'i'
~ 09-37-2005 7672-77 I 8 1,260,171.83
i t)-05-2005 7719-7768 $59.331.99
I GRAND TOTAL S1.3 t 9.5U3.8?
h. Approval of Payroil of Sepiombcr 30, 2005 of 5241,826.92 -1ason faulkner
cApproval of Council Study SCSSiun hioeting Minutes of Seplemtxr 20, 2005
d. Approval of Counc:il Specia1Moeting Minutcs of Scptrmbcr 21,2005
c. Approvul of (-ouncil Regular Moeting Minutes of Sc:ptember 27, 2005
t: :1Ppm val of ('ouncil Study 5c.sion.Niceiing M1iiriul" of Otluhrr 4.200ti
c'uuncil •1gcn•.7:► lf.-l I-OS Rqulw N!c--tiag Yaae (o!'
NE:W BtiSINESS
3. Su.und Retulmg Propusetl OrJinancc 05-()28 Adoptinb E'owcrs of lnitiative and Retetrmiuni -
Cary L7riskcl) (public commcnt(
4. Motion Cotuideration: Arirrial Etoad Fund/Mutor Purl Ta.r Fund Allocaied to Strect Fund tior
Maintermcr - Kcn Thi-impstm (pabllc cammentl
~Ntution (_°owctiicr:itinn- t,.nij~r~•hcnsi~c i'hn f►r,irr 13,:10hcra1inn PJiriJ fl,:::,,r (publircomiucntl
ITI3LIC L'UNlI1iEti"('S .4-s previuicslv r1a1ed, e-e.v-tuin agcndu i1enu proricle U/J CIlI1XJTII1Tllll'J)r puhltc
c•omntcwt dtiring Ih2 discnur.se ojlhar agenclu uerm arad public commtiu will he invite.Jr,n 1lwse itenu t r.s
they cunte up on 1ht! ugetrda As anted belrnv, agerrda ilems srirh as ".4dniinistrativr Reports" unJ
"Infvrmation Only" items do not allaw jvr puhlfc c~nnnrment durlnR the discoursc aJtlxose ilem.s; IfOWeVs'r
Ynu nrrry comment on thasc itemY nvw, ar we11 ru anv uther nvn-agendu rtem,s nf intcnesr to yerc fi'lierr
1o11 Co111f' 11) IjJP hr('!e'rn. j~lr~~rs~• ,tilrJl~• {'t~JIT llil/11Y illt[l udJrts.s fiw lhC /'£iUril [I/1(I IIl11!! TP1RiZl'ks Ir) rJu•ei'
»linN!!2 c
ADMINIST1L.1TI-VF. RF.f'UItTS:
(i. Ecunomic Uevelupmial Counoil T1iirc1(;►uart;:r I.t:pur7 - I ens, Saudc:r. Ilohi(1 Iolll
7. Residential Motorcyrle 'I'rack - Cary Drisj:cll
8. Rccent I'etitions: Hcaring Extiminer's Ducisinn Rcgarding Po~ndrmsa Rids;c 1-?cvclr►pm4iit -
Mike Cannell}'
9_ rinancinl Mi►iwi;cnnent f'ulicirs - Kcn I homps<►ii
LvF'URh1ATlUN UNLY: [7hrsc ttem.s rire jur C'outtcil itifurnuiJion wtlv. T7k-~y s►-i11 ilul be c#iscumcrl
nur repvrietl tqivn: 1eawever, c-nmments an tfiese ilem,r, an "Adnrl,ristratiiw Rrport " items, u,d otlk>r nrur-
Wetulu itents ojintcrest niay be commNnled upon hy the puhlic drg-ing 1hP 1wa "PUBLIC CO.VAlE.NT,4"
scg7tlenls vjlhe trgCltduJ
10. Hearing Examincr 2005 IJpdatec! Repwrt an Ciry I-Iraring Examincr System - Mike Demp.ey
11. Spokane County Contract Appraval - Nicua Rcgar/Morgaa Kou.dclka
12. Cammunity Devclapment Block Grsnt (CDF3G)1'mjoc,~t List fcM 2006/200' (1' touel1) -
Gre€ McCormick
11. Wa4ltin~ton l~inmit~ Officers Assaciatian Letter of Attiar~d to Jason fuulkner
AD.IUURNMFN'T'
1,I11ZlXli .SC7lEUL'!_Ii
Regulnr C'ourrcil hlerting% arc Rencrally kcld ?.nd and 44 TursJrnI, beAinnin{,• n! 6: Llll p. nc
Co« nc i1.Vu,1~' %lom iT7.° }P►tr•rrfllti' helrl l". trJ ,lf7i! Sllr Tu..r/~trt. he-irr»lir~ w f,~oI►
UtJicr Tt•iilurive 1~~~ ~~rrriiiy ,til~•.•fina. Eti•erit~:
`~'L'i~ill".ijcS\ ~ ~i~~~klt•~ I_, ~I)~~'•, h~(1(f ~i i+ll,\_;...!il,:rl t\t:~i ~~I: l ~iltllililii9i\ l:ilti ~~i.i.t', ~~tl~iii: { i--:
pi:u,t«ng t„ aitciia U,c iz«cti"
%vliQ rcy:,itz ,pc,:;w ussi..tuucc to accutwnoJUtc ph}•si:ul, hmnng, ur uttt:r
'rmpnfrmrnt!k. plcaso coalbc.-t the ('itv Clcrk nt (509) 421-1000 es sorn as peAAi1+1e so thut arrnngcrnent4 may t►e mnde. I
~lcrti:i 1'sxc2 -
CITY OF SPOKANE VALLEY
`-~-Request for Council Action
Meeting Date: October 11, 2005 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business X public hearing
❑ information admin. report ❑ pending legislation
AGENDA ITEM TITLE : Final Public Hearing - 2006 Proposed Budget
GOVERNING LEGISLATION: State law requires two hearings on the 2006 Budget
PREVIOUS COUNCIL ACTION TAKEN: A hearing on the revenues proposed for 2006 was
held on August 23. The City Clerk provided public notice when the City Manager filed his
preliminary budget in August. The City Council has discussed the budget process,. goals,
outside agency requests and other budget related issues at several meetings during the
summer and fall. The City Council scheduled 2006 budget hearings for September 27 and
October 11. DepaRments highlighted significant budget issues at the September 6 council
study session. - '
Public notice of this budget hearing was published.
=BACKGROUND: State law requires two public hearings before we adopt the 2006
budget The City has sctieduled public hearings for September 27 and October 11 to
consider the 2006 budget. OPTIONS: At least two public hearings are required prior to adopting the 2006 budget.
The City Council could elect to hold hearings at a later date. However, the hearings
must be held and the ordinance passed prior to late December, 2005.
RECOMMENDED ACTION OR MOTION: No council action is needed at this time. The
public hearings were held on September 27 and October 11 to keep the City on our
budget schedule.
BUDGET/FINANCIAL IMPACTS: This will be the adopted budget for 2006.
STAFF CONTACT: Ken Thompson, Finance/Administrative Services Director
%
. ' .
• •
.u' ic earing on
.
r~-._ . .
2006
Bud et
,•r ~ M1ar~
3:-
~
. Spokane Valley Council Meeting
. October 11, 2005
9/30/2005 1
r
•.is I' ~ /
; .i
:
,
, • •
~
v.~r Hig i
~
hts
■ Total budget is $63 million, down
$1
million from 2005 a-m~ended budget
~
■ General Fund
■ Property tax revenue is down $1.8 million
■ Sales tax revenue is up $1.4 million
y~
■ Transfer to Street Fund remains at $2 million
~ ■ Full Year of CenterPlace operations $438,000
■ Library is no longer a city funded operation
9/30I2005 2
~ hl'*
1 ights
cont
x
■ Stree't Fund .
- ■ No increase in gas tax
■ $2 million transfer in, from the General Fund
~-~w> ■ Restricted gas tax will show in this fund?
■ Stormwater Fund ~ ■ Equivalent Residential Unit fee is $20%year .
■ $500,000 available for capital projects
■ Expect a few changes to numbers as we fine
tune
■.First reading of budget adoption ord. scheduled
for 10-18-05 9/30f2005 ' 3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 10-11-05 City Manager Sign-off:
Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Approval of thc Following Vouchers:
BACKGROUND:
. VOUCH.F.R LIS I' VOUCHER TOT'AL DATE \~umber(s) VOUCHER
A►v10UNT
09-27-2005 7672-77 l 8 1,260,171.83
10-05-2005 7719-7768 $59,331.39
. GItAI~iD TOTAL S 1,319,503.82
~
-
RECOMMENDED ACTION OR MOTION:
Approve claims for vouchers: .
BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mary Baslington .
ATTACHMENTS Voucher Lists
.
~ ;
~I - • ~
vchlist Voucher List Page: 1
0912712005 11:27:21AM Spokane Valley '
Bank code : apbank
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
7672 9126/2005 000150 ALLIED FIRE 8 SECURITY IVC20064096 SLIDING DOOR LOCK-CENTERPIA 78.03
IVC20064202 CREDIT FOR PADLOCKS-CENTERF -47.65
Total : 30.38
7673 • 9/26/2005 000335 ALTON'S TIRE 6-8686 • VEHICLE REPAIR 422.84
Total : 422.84
7674 9f26l2005 000135 AMERICAN PLANNING ASSOCIATION 050281-090905 MEMBERSHIP & SUBSCRIPTION 401.25
Total : 401.25
7675 9/26l2005 000905 AMERICAN PLANNING ASSOCIATION, PI 050281 Book Service PUBLICATIONS 268.41
• " Total : 266.41
7676 9/26/2005 000904 BRANCH, CAROLBELLE 09/20105 CB Reimb. REIMB. CENTERPLACE SUPPUES 37.95
Total : 37.96
7677 9/26/2005 000669 BROOKS, SUMMER 09/22105 SB Reimb. REIMB. OFFICE SUPPLIES 21.66
Total : 21.66
7678 9/26/2005 000907 BUILDING MAINTENANCE SUPPLY 18738 JANITORIAL SUPPLIES 153.81
18998 JANI70RIAL SUPPLIES 42.59
. Total : 196.40
7679 9/2612005 000209 CENIS, DANIEL 09/15/05 Cenis PROFESSIONAL SEI2VICES 425.00
• Total : 425.00
7680 9l26/2005 000729 CHZMHILL 3524246 40691 0009 - VAI.LEY CORI2IDOR ENV. ST 24,302.36
3524252 40561 . 0004 BARKER ROAD P.E. 8 ROW 12,508.43
. 3524257 40682 ' 0003 BARKER RD BRIDGE TS&L ST 18,670.59
Total : 55,481.38
7681 9126/2005 000840 CLARY, AARON 09/19105 AC Reimb. REIMB. FOR SPRINKLER REPAIR IP 2.38
Total : 2.38
7682 9/26/2005 000686 DEPARTMENT OF LICENSING 09/23105 DOL Cash CASH TRANSMITTAL TO DOL 15.00
' Total : 15.00
Page: 1
vchlist VOUCher LISt Page: 2
0912712005 11:27:21AM Spokane Valley
Bank code : apbank Voucher Date Vendor Invoice PO # Description/AccountAmount
7683 9/26/2005 000912 DEX MEDIA WEST 201455532 DEX ADVERTISING-CENTERPLACE 91.25
, Total: 91.25
7684 9126l2005 000010 FEDEX KINKO'S OFFICE SERVICES 289700058083 FLOOR PLANS FOR CENTERPLACE 4.07
- Total : 4.07
7685 9126/2005 OOQ858 FOOD EQUIPMENT INTL, INC. 4045 40712 CENTERPLACE KITCHEN EQUIPME 6,912.05
Total : 6,912.05
7686 9Y16/2005 000071 GOIMAN, SUE 09122/05 SG Reimb. REIMB. TRAVEIJMILEAGE 8 SUPPI 64.69
Total : 64.69
7687 9/26l20U5 000909 GREGER, SIRISSA 09120105 Refund REFUND SHELTER RENTAL DEPO; 50.00
• Total : 50.00
7688 9r2612005 000009 HEWLETT-PACKARD COMPANY 38497030 40602 HP PROLIANT DL380 G4 SERVER F 4,123.00
38783293 . HP PROCURVE SWITCH 408 FOR C 423.15
40708
38806761 • MP D1360G4 1 U CABLE MGMT. ARP 154.07
Total : 4,700.22
7689 9l26/2005 000421 HOHMAN, JOMN 09J19105 JH Reimb. REIMB. -FIX SPRINKLER IN ROW 3.75
Total : 3.75
7690 9/2612005 000259 HUMANIX 149277 TEMPORARY EMPLOYMENT SERVI 299.46
Total : 299.46
7691 9/26/2005 000022 INLAND BUSINESS PRODUCTS, INC. 53188 CITY PH070 ID CARD 19.53
` Tota I : 19.53
7692 9/2611005 000117 JOURNAL NEWS PUBLISHING 26655 ADVER7ISING 25.00
26656 ADVERTISING . 5625
26657 ADVERTISING 62.25
26658 ADVERTI S I NG 62:25
26659 ADVERTISING 62.25
26660 ADVERTISING 190.50
26661 ADVERTISING 7425
26662 ADVE 12TI SI N G 88.50
• ! ;a: 2
vchlist Vo cher List Page: 3
09/2712005 11:27:21AM Spokane Valley
Bank code : apbank '
Voucher Date Vendor Invoice PO il DescriptionlAccount Amount
7692 9/2612005 000117 JOURNAL NEWS PUBLISWING (Continued)
26663 . ADVERTISING 114,00
Total : 735.25
7693 9126/2005 000910 MAN1Z, GLORIA 09112105 GM Reimb. REIPd1B. PARKING 10.50
- Total : 10.50
7694 912612005 000073 MC CORMICK, GREG 09l19105 GM Reimb. REIMB. TRAVEUMII,EAGE 178.38
Total : 178.38
7695 9/2612005 000033 MCPC, INC. 4800232 40603 FREIGHT CHARGES FOR BLDG. Ch 27.13
' • Total : 27.13
7696 9/26/2005 000258 MICROFLEX INC. 00015842 TAX700LS SOFiWARE RENTAL 900.86
00015880 TAX AUDIT PROGRAM 214.08
Total : . 1,114.94.
7697 9P26J2005 000132 MODERN ELECTRIC WATER COMPANY 9123J05 Modern Elec STREE7 UGHTING POWER/WATEF 3,040.75
. Total : 3,040.75
7698 9126/2005 000861 NELSON LANDSCAPE SERVIC E, INC SV-90721 •40721 CENTERPIACE LANDSCAPE-OU71 2,107.45
SV-90725 40725 CENTERPLACE LANDSCAf'E- 5 SfT 892.02
Total : 2,999.47
7699 9126/2005 000239 NORTHWEST BUSINESS S7AMP 55637 40727 CUSTOM STAMPS 142.30
Total : 142.30
7700 9/26/2005 000243 NORTHWEST SIGN SUPPLY 740406 OFFICE SUPPLIES 14.14
. Total : 14.14
7701 9J26l2005 000911 NOTE, INGA 09l19J05 IN Reimb. REIMB. TRAVEUMILEAGE 143.09
Total : 143.09
7702 9/26/2005 000652 OFFICE DEPOT 305663879-001 40711 CABLES FOR CENTERPLACE 239.14
. 306034770-001 40714 OFFICE SUPPLIES 215.11
- 306034771-001 40714 OFFICE SUPPLIES 59.81
306420359-001 SPECIAL WHI7E PAPER 10.62
Page: 3
vchlist . Voucher List Page: 4
0912712005 11:27:21AM Spokane Valley
Bank code : apbank • '
Voucher Date Vendor Involce PO # DescriptionlAccount Amount
7702 9l26/2005 000652 000652 OFFICE DEPOT (Continued) Total : 524.68
7703 9/26/2005 000494 PRO PEOPLE S7AFFING SERVICES 5,332 _ TEMPORARY EMPLOYMENT SEF2VI 476.79
5,333 TEMPORAI2Y EMPLOYMENT SERVI 584.32
Total : 1,061.11
7704 9/'26/2005 000041 PROTHMAN COMPANY 2005-509 CITY ATfORNEY SEARCH EXPENS 375.00
" Total : 375.00
7705 9/2612005 000019 PURRFEC7 LOGOS, INC. 14358 40662 NAME HOLDER - DAIS 46.11
14543 40731 NAME HOLDER - DAIS 46.11
_ Total : 92.22
7706 - 9/2612005 000322 QWEST 509-922-7091 8968 TELEPHONE CHARGES-MISSION P 98.98
921-6787 5118 TELEPHONE CHARGES-MIRABEAU 42.11
Tota I : 139.09
7707 9126/2005 000908, RAWLINGS, ANN 09119/05 Refund REFUND FOR CANCELLATION 200.00 -
. Total : 200.00
7708 9/26f2005 000324 SCWD !t3 ' 475-1495-00 WATER CHARGES 75.02
. Total : 75.02
7709 9/26/2005 000709 SENSKE LAWN & TREE CARE 1493835 CEN7ERPLACE MONThILY CONTR< 2,750.76
Total : 2,750.76
7710 9f2612005 000854 SHERRY PRATT VAN VOORHIS 699.01 40663 LANDSCAPE SERVICES AGREEME 2,325.00
• - Total: 2,325.00
7711 9/26l2005 000189 SILVERWOOD 7HEME PARK 15406 40609 CAMP FIELD TRIP 920.60
Total : 920.60
7712 9/26J2005 000658 SPOKANE COUNYY SUPERIOR COURT 9123/05 Juror fees JUROR CHARCES 438.17
Total : 438.17
7713 9/26/2005 000001 SPOKANE COUNTY TREASURER 09/20l05 Caunty COUNTY CONTRAC7 PAYMENTS 1,172,209.82
Total : 1,172,209.82
7714 9126/2005 000906 S7REHLOU, KERRY 431141 CENTERPLACE GRAND OPENING ; 50.00
4
l
vchlist VouCher List ' Page: 5
0912712005 11:27:21AM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # Description/Account Amount
7714 3/26/2005 000906 000906 STREHLOU, KERRY (Continued) Total : 50.00
7715 9/26I2005 000419 SUMMIT LAW GROUP 27315 GENERAL EMPLOYMENT 8 LABOR 105.00
Total : 105.00
7716 . 9f26/2005 00Od93 THE SPOKE5MAN-REVIEW 42365 ADVERTISING 524.58
Total : 524.58
7717 9I26/2005 000177 U.S. POSTAL SERVICE 9/16l05 SVSC Postage SENIOR CENTER NEWSLETTER PC 183.50
Total : 183.50
7718 9/26/2005 000167 VERA WATER & POWER 0007-017753.01 STREET pOWER LIGHTINGJWATEF 15.08
• 0008-010790.01 STREET POWER LIGHTING CHARC 63.90
0010-003488.01 STREET POWER I.IGHTING CHARC 127.60
0011-010826.01 STREET POWER LIGHTINGlWATEF 35.41
0012-004137.02 STREET POWER LIGHTING/WATEF 35.56
0013-032589.01 STREET POWER LIGHTING/WATEF 66.10
Total : 343.65
47 Vouchers for bank code : 2pbank Bank total : 1,260,171.83
47 Vouche►s in this report . Total vouchers : 1,260,171.83
I, the undersigned, do certify under penalty of perjury,
that the materials have been furnished, the services rendered, or the labor perfonned as described herein
. and that the daim is just, due and an unpaid obligation •
against the City of Spokane Valtey, and that I am '
authorized to authenticate and certify to saki daim.
Finance DirecXar Date .
, Page: 5
ivchlist . Voucher List Page: 1
1010512005 4:08:56PM Spokane Valley
Bank code : apb8nk
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
7719 9/27/2005 004915 CZOSKI, JOSH 09/16105 VIP Opening 40736 CENTERPWCE ADVERTISING 125.00
Total : 125.00
7720 9l27/2005 000913 COLLIN, CORI 09/16105 V1P Opening 40735 CENTERPLACE ADVERTISING 125.00
Total : 125.00
7721 9/27/2005 000916 BUTLER, LOUISE 40734 40734 CENTERPLACE ADVERTISING 125.00
Total : 125.00
7722 9/27/2005 000914 BICKFORD, CHARLOTfE 09116105 VIP Opening 40733 CENTERPIACE ADVERTISING 125.00
Total : 125.00
7738 9/30/2005 000150 ALLIED FIRE & SECURITY IVC20064220 LOCKS & SUPPLIES 109.35
SVC262180 DOOR KICK DOWN STOPS 108,29
SVC262186 UPS OVERNIGMT 37.95
' Tota I : 255.59
7739 9130/2005 000335 ALTON'S TIRE 6-8382 VEHICLE Pv1AINTENANCE 38.24
. Total : 38.24
7740 913012005 000037 AMERICAPI LINEN 103323 FLOOR MAT SERVICE 45.34
Total : 45.34
7741 9/30/2065 000127 BANK & OFFICE INTERIORS 356107 40703 INS7ALLATION OF WALL BOARDS • 729.12
• Tota I : 729.12
7742 9130/2005 000918 BLUE RIBBON LINEN SUPPLY, IIdC. S0020804 CEN7ERPLACE LINENS SERVICE 168.02
Total : 168.02
7743 9f3012005 000109 COFFEE SYSTEMS INC 33890 COFFEE & TEA SUPPLIES 173.46
Total : 173.46
7744 9l30/2005 000326 CONSOUDATED IRRIGATION DIST, #19 05659.0 WA7ER CHARGES 166.87
06377.0 WATER CHARGES 47.20
06377,2 . WATER CHARGES 268.97
11534.2 WATER CMARGES 23,77
Page: 1
vchlist Voucher List Page: 2
10/0512005 4:08:56PM Spokane Valley
Bank code : apbank .
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
7744 9/3U/2005 000326 000326 CONSOLIDATED IRRIGATION DIST, (Continued) Total : 506.81
7745 913012005 000060 DENENNY, RICHARD Denenny 3nd quarter CELL PHONE REIMB. DENENNY 105.00
• Total : 105.00
7746 9/30/2005 000059 DEVLEMING, MICHAEL DeVleming 3nd qV. CELL PHONE REIMB. DEVLEMING 105.00
Total : 105.00
7747 913012005 000838 ENGINEERING PROFESSIONAL PROGR 512422 40630 ROAD SAFETY CONFERENCE-PW 250.00
Total : 250.00
7748 913012005 000028 FARMERS & MERCHANTS BANK 9/13105 MasterCard CREDIT CARD CHARGES 7,070.67
Total : 7,070.67
7749 9P30/2005 000106 FEDEX 0-009-56875 SHIPPING CHARGES 52.E8
. Total : 52.66
7750 9l3012005 000072 FLANIGAN, MIKE Flanigan 2nd qtr. CELL PHONE REIMf3. FLANIGAN 105.00
Total : 105.00
7751 9l3012005 000917 GRAYBAR 911971640 WIRING DEVISES 14.98
912079427 CAT 5E PATCH PANEL 24 PRT-CEN 120.37
Total : 135.35
7752 9130I2005 000002 H& H BUSINESS SYS7EMS 135579 40707 COPIER LARGE CAPACITY TRAY-R 1,030.75
136042 COS7 I'ER COPY CHARGES 277.93
136098 COST PER COPY CHARGES 137.90
136099 COST PER COPY CHARGES 69.41
• 136102 COST PER COPY CHARGES 545.96
136103 COST PER COI'Y CHARGES 155.78
. ' 136122 COST PER COPY CMARGES 1,403.74
136123 COST PER COPY CHARGES 221.32
136125 COST PER COPY CMARGES 0.12
136128 COST PER COPY CMARGES 298.99
136204 COS'i' PER COPY CHARGES 94.00
Total : 4,235.90
7753 9/3012005 000022 INLANQ BUSINESS PRODUCTS, INC. 53216 CITY PHOTO IQ CARD 19.53
2
vchlist Voucher List Pag : 3
10/05I2005 4:08:56PM . . Spokane Valley .
Bank code : apbank
Voucher Date Vendor Invoice PO tt DescriptionlAccount Amount
7753 9130/2005 000022 000022 INLANp BUSINESS PRODUC'CS, INC (Continued) Total : 19.53
7754 9/30/2005 000252 LOWE'S BUSINESS ACCOUNT 86504 SMALL TOOLS & MINOa EQUIPMEP 389.39
Total : 389.39
7755 9/3012005 000069 MERCIER, DAVID 10101/05 PAercier AUTOMOBILE ALLOWANCE 400.00
Total : 400.00
7758 9130l2005 000062 MUNSON, RICHARD Munson 3nd qtr. CELL PHONE REIMB. MUNSON 105_00
Total : 105.00
7757 9l30l2005 000121 PlOR7HWEST i'v1AILING INC 18231 40717 POSTAGE METER SOLUTION 28.16
' Tota I : 28.16
. 7758 9l30/2005 000691 OLSTEN 61860782 TEMPORARY EMPLOYMENT SERVI 580.00
Total : 580.00
7759 9/30/2005 000024 RESOURCE COMPUTING INC. 36874 ' LABOR TO INSTALL C!' NETWORK 6,476.10
Total : 6,476.10
7760 9130/2005 000202 SCAPCA 3319 ANIdUAL ASSESSM7 - 4RD Q7R 2Q( 29,729.50
Total : 29,729.50
7761 9130J2005 000064 SCHIMMELS, GARY Schimmels 3nd qtr. CELL PHONE REIMB. SCHIMMELS 105.00
Total : 105.00
7762 9/3012005 000324 SCWD #3 170-0040-43 WATER CHARC7ES 240.94
Total : 240.94
7763 9/30/2005 000311 SPRINT PCS 0141276664-3 9/15105 CEI.L PHONE CHARGES 56321
Tota l : 563.21
7764 9/30/2005 000063 TAYLOR, STEVE Taylor 3nd qV. CELL PHONE REIMB. TAYLOR 105.00"
Total : 105.00
7765 " 9/3012005 000516 TETRA TECH/KCM 145203 40617 TETRA TECH 70P SOIL MIX DESIGI 2,785.00
Totai : 2,785.00
7766 913012005 000591 THE ACTIVE NETW0RK INV0005761 40687 CENTERPLACE RECWARE SAFARI 2,500.00
. Page: 3
vchlist VoUCher List Page: 4
1010512005 4:08:56PM . Spokane Valley
Bank code : 2pbank
Voucher Dato Vendor ' Invoice PO # DescripUonlAccount Amount
7766 9f30/2005 000591 000591 THE ACTIVE NETWORK (Continued) Total : 2,500.00
7767 9I30/2005 000608 WASHINGTON STATE UNIVERSITY E0001082 40732 ROAD & STREET CONFERENCE 20 114.00
E0001083 40732 ROAD & STREE7 CONFERENCE 20 305.00
E0001084 • 40732 ROAD & STREET CONFERENCE 20 305.00
Total : 724.00
7758 9l3012005 000061 WILHITE, DIANA Wilhite 3nd qtr. CELL PHONE REIMB. WILMITE 105.00
. Total : 105.00
35 Vouchers for bank code : apb2nk Bank total : 59,331.99
35 Vouchers in this report . Total vouchers : 59,331.99
I, the undersigned, do certity under penalty of pe►jury,
that thc materials have been furnished, the services .
rendered, or the labor performed as describetl herein
and that ifie claim is just, due and an unpaid obligation
againsi-the City of Spokane Valley, and that I am
authorfzed to authenticate and certify to said claim.
Finance Direcfor Ilate
~ , ;
- 4
~ . . , .
CITY OF SPOKANE VALLEY
Request for Cauncil Action
Meeting Date: 10-11=05 City Manager Sign-off:
Item: Check all that apply: x consent old business I] new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE :
Payroll for Period Ending September 30, 2005
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET/FINANCIAL IMPACTS:
9/23/05: Gross: $4,225.27
Benefits: 353.67
9/30/05: Gross: S128,906.43
Benefits: $65,636.58
9/30/05: Gross: $2,475.07 8enefits: $229.90
Total Gross: $135,606.77 Benefits: $66,220.15
GRAND TOTAL: $201,826.92
` STAFF CONTACT: Jason Faulkner .
~ ~ .
ATTACHMENTS
NIINUTES
CI'1"Y OF SPOKAYEA VA.LI:,EY
STTJ1aY SESS]:OnT
Tuesday, September 20, 2005, 6:00 p.ni.
Attendance: Councilmcmbers: Sta ff :
Diana Wilhitc, vlayoe Dave Mercier, City Manager
Kich Munsnn, Depuiy Mayor Nina Regor, Deputy City Manager
Dick 17enen.ny, Gouncilmember Mike Connelly, City tlttorney
Mi.ke DeVleining, Councilmember Cary I7riskcll, L7eputy City flttorney
. Mike Flanigan, Councilmember Ken Thompson, Finance Director
Steve T3ylor, Cauncilmember Nleil Kersren, Public Wnrks Director
~
Gary $chimmels, Councilmember Marina Sukup, Community Devclopment Director
Mike Jackson, I?arks & Recreation Director
Tqm Scholtens, }3uilding pffeial
La! 1,Valker, Police Chief Chris Bai.nbridge, City Clerk Mayor Wilhite called the ineeting to order at 6:00 p.m., wclcomecl ull in attendancc . .
1. PrescnUttion bv Avist<i Rep Doug Kelly- Mihe Jackson
Parks arid Recreation Director Jackson introduc.ed Doug Kelly, fZegional Account E.cecurive for tlvista.
Mr. Jackson explained that CenterPlace, thrnugh a number of energy saving measures during ~ construction, qualified for a rcbate dirough Avista, and that Doug Kelly helped staff move through.tllat
process. Mr. Kelly greeted Couneil and stafif and explained that one of his dulies is to work witli
customers to help them understand how to use their product efficiently and effecdvely; and to make sure
the building is die rnosl operationally efficient building as pocsible, as Avis[a assists in support of
emergency savings; that based on measures implemented in tttc building, he presenteti to Vlayor Wilhite,
an energy savings rehate check to t:he City Qf Spokane Valley in the amotmt of $33,612. Mayor Wilhite
thanked Mr. Kelly and Avista and handed the check to Finance Director Thompson. .
2_ Amended Dept. Emergencv vlanapernent Contracl-Cal Wallcer
Pnlice Chief Walker erplained tha[ aIthough Council previously approved the agreernent July 26, 2005,
aC$@I' Otllel' CM:ItleS llad an onpOCtt.utity t0 reviC:w the doCUment, fiirther changes were suggested. Pire
Department Wi.lliams suggested changes to scetions 5 and 7 as shown in recl-liiie fornlat on the
agreement. After brief discussion concern.iug possible Cuture changes, it was council consensus tn place
this item on the next consent agenda for eouncil approval.
3. Prapo,~ed Amendeci Fee Res4lut:ion - T:cn lhompson
Finance Director Thompson went theough his Powerl'oint presentation explaining the proposed.changes t:o the fee resolution; wich the adclcd change oPdeleting the $ 10.00 fee for a copy of our annual budget, as
he feels those few times Nve are asked to provide copies, asking for the S 10.00 hurts public relations. f-le
also noted that some fees did not change but merely moved to a different secCion of the fee resolution.
Mr. Tnompson stated tFiat the stormwater fee increase is ParC of the public works six-year plan and is on
track witli what the Caunty cliarges. Addilinnal]y, Director Thompson mentioned that 1he fire districts
are worki.ng on their fees and if they make changes; we tnight want to makc earresponding changes as
.
welL vlr. Thompson furt]ier explained that approximately one monCh ago, Council asked staff to makc
sure to tal.k to devclopers and builders beforz passing this resolution; that staff is worE:ing to put that
meeting tooether and final approval consideraUon of the fee resolution will occur afler tliat meeting.
. SwcEy Scssiai h4inutcs: 09-20-05
. Appruvac4 by Council: Page 1 of'4
4. General Budg-et Discussion - Taave Mercier
City Nianager Ivtercier saicl t:his is a continuation of the budget discussion and of Council's policy choices;
he rnentionea that the yellow page is a substiCution page (page 52) wilh correction in verbiage on the back
page; and th3t the accompanying table identifies the social agencies and Council funcling
recommendations. Nir. Ibtercier saicl that during the preli.rriinary budget presentation, VT.r. Mercier pointed
out the change in state law tbat posed for Council a policy determination, that prior to the last legislature,
all of the rcceipts from the moror fuel tax (38.1%) had to be used for capital improvement programs; and
that requirement was later removed; thaC the fiigures result in approximately $500,000, which could be
directed toward the street fund fnr ongoing maintenance of the 428 miles of roadway in the community.
Mr. Mercier, said that when hc Jareviously rnentioned th.is, Council asked staff to show the afT'ect of
Iransferring funds from Capital to Street Maintenance. Ivlr. Ivfercier, in referring to the handout entitled
"City of Spokane Valley-Capital Impravement Program Funding Problem Statement #3 (dated
September 8, 2005) the top line shows the re►noval of the revenues, and the bottom twro yellow lines
shows the expentlitiares of those Funds. Mr. IVlercier explained that previously the priorities of adc[ressing
the deficit would be the gencral fimd, fnllowed b_y the street fund (road maintenance), and then the capital
improvement fund. Mr. Ivtercier said he recommends Council re-clirect the available funds towards street
maintenance as our second priority of managing the sustainability of the cnmmunity programs. Mr.
Mereier said tllat staff will awaiC Council feedback on wfiedier in future budgets, including the 2006
budget, staff should antacipate which of the categorical revenues could be moved to maintenance. Mr.
Mercicr explained that if Council clesires to change how the revenues are to be used in 2006, the earlier we know the quicker we can re-draft the affected budget pages. In summary, lherc would be no actual
. transfer of funds, but the collection af funds from the state would be alloc;ated to the street fund in support
. of tlie street maintenance activiCies; and in doing so, that would lesscn the need for fwo million dollars in
transfers every year fi-orn the general fiirid; that the general fund can be immediately reduced, or added in
as available revenue.s, the amount- of tunds that are going to the streel fund, and thereby we may be able to
push the def cit year in the gencral fund out another year. 1vlr. Mcrcier suggestecl lhis matter come before %
Council for a motion c:onsideration aC the Qctober 11, 2005 council meeting. Council concurred.
Regarding nuCSide agencies, Council said il• was their view tliat t}le $1,000 far the .Rig BrodierstBib
Sisters and the $1,000 for Chase would be rolled into onc calegoiy of Youth Funds; that Council would
. allocate the funds tAgether and get a response frorn die Studenl Advisory Council (SAC) on how those
funds are to bc used; imcl that further diseussioo on that tapic will be discussed at the ne?:t meeting after
the SAC has an ppportunity to di5euss the issue.
5. Parks and Recreation MasterPlan Discussion - Mike Jackson Parks ajid Iteereation Iairector Jackson said dhat stafF has been working on the Master Plan since spring of
2004; that this is the first: lnok at the Ylan and tonight's main purpose is to make sure Council has the
Plan in hand as it is released for public review; and that late f~ill is the anticipated adaption date. tiir.
Jackson went thrcaugh the E'la,n, oave ideas of the layout along wit.h a few examples; and mentioned dhat
he is ncat trying to promote one tliina above another, that this is a Yan overview and the Plan is
approximately 75% complete. Mr. Jackson aIso stated he recommends updating the Plan in Four ycars to
ensure it sCill meets commu»ity needs. One of the key issues for Council cansideration tonight, Mr.
Jackson explained, is how Council would likc staff to f'aeilieate fur[lier discussion; eo. wait and see which
issues are important to the public, or by individual chapter reviews, or by anQther method preferred by
Couneil. Council discussinn then ensued regardinb various faaets of the Plan, including acquiring the old U-High
School; formation of a park clistrict; futtu-e recrea[ion programs; an ayuatic; eenter i.n paitnership with
others; usc of an indonr or outdoor pool; cost review of nrograms; acquisition 3nd prioritization of park ,
lancls; use of private parks, schools, and churehes; business opportunities, and private sector programs in
Stucfy Session Minutes: 09-20-O5 Pagc 2 of 4
Approvcd by Counc.il:
~ J relaYion to our possible future programs. NIr. Jackson also reminded Council that the Plan is nexible, and
there will be fiihire opporlunii:ies for fiirther public input.
6. Applewav Itight-of-way Transfer Discussiori -Neil Kersten/Carv Tariskell
Public Works Di.rector I<ersten stated that he relayed to Spol:ane Coutity, the City's concerus about some
of the issues involved with taking ovcr 1:he Appleway right-of way, which issues were contained in the
draft, quit claim deed. T)eputy City Attorney lariskell said that he has contacted the County's legal
department on I:his issue; and while no response has beeri rcceived yet, the County i.ndic.ated they hope to
FIiiVE SUCI7 by the joint September 29 meeting, Mr. Kersten mentioned that he and Ross Kclly have
discussed the property and the possibility of grants, antt that they continue to cvork ouC the details so this
' can be discussed fiirther at the upcoming joinl County/Cit_y rneeting. 7. Applcwav Signage - Cary Driskell/Ncil Kersten
1'ublic «'orks Director Kersten gave a brief ovcrview of what was presented previously concernino signs
on Appleway, on what we can and cannot do regarcting the blue signs, and what might we do in terms of
other fornis of commercial aclvertising in the right-of-way if that is Council's pleasure. Nfr. 17riskell
mentioned his background inf'orrnation, and c;orrected a mis-statement in the packet that die sign code
adopted by the City did not contain the definition of tivhat an official sign is, but that is riot the case as the
definition is included. Attorney Driskell then wenC ilirough his PowerPoint prescntatian. CounciUstaff discussion included that Couneil could mal:e ihe policy choice to allow conunercial advcrtising in the
right-af-way; t:he sign conunittee could bc askecl to explore other options; the option nf hiring a design
consuhzint; gifting of public f'urxis; use Of siipis for directional purpose; making tlie signs ►norc rcadable
without necessarily advertising the businesses; hoNv to determine who gets a sign and who does not; and
the process of charging the cosC of ehe sign. ]t was dctcrminecl that the SiVi Comrnittee will be involved
in bringing back a recornmendation to Council, ancl members nf that camtnittce will be asked to
detcrmine a timeline of «fien this is5ue cytn be re-addressed by Council.
Mayror Milhite called for a reccss at 7:33 p.m., and reconvened the meeting at 7:44 p.m.
8. Airpart Overlay 7onc - Marina Sukup -
Community Development Directnr Sukup explainecl that the purpose of this ctiseussion is to explain the
present airport overtay zoning and to seek Cauncil direction concerning possible changes. She explained
that th. is issue carne up bascct on a protest from a properi:y owner who wanted to build a building and did
not want to give a navigation eascmenC. iVl:s. Sul:up, in going through her PowerPoint presentation,
ezplained that difrerent rules apply for Fells Field and Fairchilcl Air Force Base; and shc acldeci that at this
point she lias ❑ot been able to discuss this issue with the airport manager; and needs to confirm the
federal regulatinns unless there 3re specifc irregularitics with Fel[s Field. City Attorney Connelly added
that while he hAS nol compared die two clifferent types of airports, he will research to discover the
rninitnurn standards. lt tvas also mentioned that the Airport 13oarc1, along with the ai.rport manager should
be consulted. Ms. Sukup st:ated that if tllere is a requirement for navigalion for development, then there
may also be such for all development and n4t,jusl commercial development. It was determined that staff
will conduct further research by chccking with die airport, the airport board, and fcderal regulations.
9. Communication Inf'rastruct'ure Ad Hoc Committee - ►vlavor Wilhite M9yor Wilhite explained that ac the August 30 council study session, she suggested forrning a eitizen Ad
Hoc Committee to address one oF Council's goals, that of communication infrastructure; and that it was
suggested Council mi-hi want tn consider writing a mission statement for such committee. y1ayor
Wilhite explained that she did not receive any suggestiOns fi•om councilmembe.rs, ancl therefore proposed
the following mission and vision statements: M:ission: to map the current telecommunications
infrastructure in Spokane Valley vid develop a plan on how Co provide bath wire and wireless .
communications within oue city limils; Vision: position Spokane Valley as the cammunity of choice for
Study Session Minutes: 09-20-05 Pagc 3 of 4
AD070vcd bv Council:
businesses and eitizens who need telecommunication inlrastructure to provide for econouiic viability and ~
quality of life. Council raised no objectians to those proposed slatements and to the formatian of an ad
hoc committee. vlayor Wilhite explained that she is still looking for a few people aaid is open r.o council
suggestionsJrecommendations. Mayor tiVilhite indicated she would send councilmembers a list within the
next hwo to three weeks of potential ad hoc committee members.
10. Advance Agenda Additions - Mayor Wilhite
tilayor WiLhite announeecl that a new version af the advance agenda was distributed this evening to
Council; and she alerted Cnuncilmernbers to ehe Scptember 29 joirit ►neeting witb t:he Board of County
Commissioners; and of the upcoming Octobcr 12 community meeting whic.h will be held at CenterPlace.
Councilrnember UeVlerning suggestcd adding a cliseussion on bus bcnehes, and brief diseussion ensuecl
regarding the enforcement of bus bench maintenance, and that Deputy City Attorney Driskell will draft a
contract for city ma.nager review; for enlitie,s wanting to havc a bus beneh. City Manager Nlercier
mentioned ehere is also a list of topics for the upcoming joint meeting with the Roaed of County
Commissioners, and it was suggested that "urUan grow[t► arcas" be includecl on the list. Mr. Ivlercicr also
mentionetl that the Planning Co►nmission Chair will deliver the draft Comprehensive Plan to Council at
Gotincil's Qctober 4 meetine; adding t:hat their wrork product is an accumulation oC an incredibly large
amount of ineetings; and staff will leave to Cotmcil how best to aggressively schedule upcoming agendas
to disc.uss policy decisioris.
11. Council Check in - Mavor Wiltlite
Councilmember Schimmels brought up the topic of bus serviee at CenterPlace. Deputy tiiayor Munson
stated that while not qn tlie current provider list, that is an area on the "watch list" to measure tramic to the
YMCA; and that the issuc of having bus service at dhat location has iiot been determined.
12. Ciht Manager Comments -.iaave Mercier ~
►1r. Mercier asked Council to hold athirty-rTiinute Executive Session to discuss pendino litigation, and
that he cloes not anticipace any council actinu afterwards. Council concurred to have the esecutivc session,
and adjourned into executive session at 3:20 p.m. 'EXECU'1'1VE SFSSION: Pendin T itioation , ' .
Mayor Wilhite declared Council out of Execucive Session at 8:58 p.m. 1t was moved by Councilmemher
Schimniels, seconded by Cot.ntciMieirlber Flanigan, crnd anrairiirrously agreed upori tu u(l ourn the meetirrg.
The meeting adjourned at 3:59 p.m.
Diana WilhiCe, NTayor
ATi'ES'T: . Christme Bainbridge,. City Clerk
Study Scssion N4inutes: 09-20-05 Pasc 4 of 4
Approvecl byCountil; '
iVIlYIJTES
Ciry of Spokane Valley
City Council Executive Session
NTnndsy, September 21, 2005
Mayor Wilhite called the me_eting to order at 5:00 p.m. .
Attenclance:
Councilmemhers: Staff:
17iana Wilhite, Iv1ayor Dave vlercier, City ManAger
Itich Vfunson, Ueputy vlayor Nina Regor, Deputy City Managcr
Mike Flanigan, Councilmember Mike Jackson, Parks & Recreatipn Director
Mik"e TacVlcmiiig, Councilmember Mike ConneUy, City Attorney
Steve '1'aylor, Councilmember
17ick 17enenny, CounciLnember
Gary Schimmels, Councilmember - absent
EXE•CUTNF.. SFSSIQN: It was irtoved hy Deln4ty 1Vfcryor 1VItll1SOPJ, secortdecl by cvtrsicibrie►nber
Flaniyan rnul tnzrntimously agreed upon that Cowtcil gv intv Fxeculive Session utttil approxinttuely 7: 30
p.m., far tl2e purpose of discussing Icrbor negotiatrons, and thcri nn decision thereafter is expected.
Council adjourned into executive session. .
At 7:30 p.m. vlayor V►'illiite announced an e~-tensian of the Executive Session to approximately 8:00 p.m.
Mayor Wilhite declared Council out of Executive Session a1: 5:00 p.m. It tivus lhen moved by
Cotniciln:ember Denenny, seconcletl by Cozaicilmentber Tuylvr, und wtanimously ciproved to arljourn.
The meeting adjouriled at 8:01 p.m.
Diana Wilhite; Mayor
AT"CEST:
Christine Bainbridge, City Clerk
Council Minules 09-21-05 Pagc I of I
Approved by Council: "
DraR
NLIlYUTF S
City of Spoksinc Valley
City C:uuncil Regular iVlecting
Tuesday, Sepl:embcr 27, 2005
Mayor Wilhite c;a(led thc meeting to order at 6:00 p.m., and wclcomed.everyone to the 75'h meetino
. ,
Attendunce: City Slaff.• .
Diana Wilhite, vtayor Nina Ret*or, Deputy City iblanager
ltich Munson, L7eputy Mayor Cary Driskell, Deputy City Attorney
Dick Denenny, Councilrnember Ken Thompson, Finance Director
Mike 17eVleming, Couneilmcmber Mike Jacl:son, Parks & Reereation Dire.ctor
vT.ike Flanigan, Councilmember Cal Walker, Police Chief •
Gary Schitn.mels, Cquncilmember Torn Schnltens,l3uilding Ofticial
Steve Taylor, Councilmernber Carolbelle ]3ranch, Public inforniation OKcer .
"Bing" $ingaman, IT Specialist
Chris Bainbridge, City Clerk
iNVOCATIQN: Fiither John Steiner, St. Mary's Catholic Church gave the invocation.
FLEDC,E Or r1LLEGTANCE Mayor Wilhite led the Pleclge ofAllegiance.
ROLL CAJ1L City Clerk 13ainbridge callecl roll; all Councilrnembers were presene.
A.PPROVAI:, QT AGENDA rt was nioved by Depicly A1cry'or _Mui7soi:, secoyrded by Car.aicilmemher
F7unigUn, arid :aaaninrouslv agreed to apprave the agendu us presented.
INTROllUCTION OF SPECIAL GtTESTS AND P.RFSENTATIONS
CQMAI1'1T.CE; 13QARU, L1AiSnN SiTiVLV1ARY RFPOIZTS
Councilmember Tavlor: mentionecl that last Friday evening's Valleyfest parade was awonderful, well-
attended evenc, and he enjoyccl the parade and I:he next day's ribbon cutting ancl opening ceremoriies at
Center.Place.
lleputy .Mavar Munson: st3fed that lie also attended Pritiary's parade and opening ceremony at
Centerl'lace; ancl had a~vonderful lime tliroughout the weekend; thsc he also aitecided the $pokzoe Trsnsil
Authnrity meeting last week;, arut annaunced that due to his Oetober G sur;ery, he will be out fnr the
approximately three weeks, but hopes to have a telephone book-up so that he can hear the meeHngs,
. although he will noC p:irlicipate in them.
Councilrnernber Hlaniga►i; said that lie also altended several weekly ribbon cuttings and granci openings;•
lie tiftended dhe monthly Health District meeting; [he Va1leyFest parade and celebration, and that
attendance wa.s estimated for t}te parade at 10,000; with 32,000 cstimate_d attendaricc for Va1leyFest.
Councilmernher UenennY: c:rplai.ned that hc at:tended the Reaiqnal .Health Mecting where housekeeping
issues Nvere discussed; that tomormw the full group of the Spokane River Total vlaxiinum Daily Load
(IN:T)L.) collaboratiori will tneet and will bc the first meetirig to begin detitung the various sc.enarios; and
that lie anticipates providers will have scenarios, as well as the Conser<<ation District and Sierra Club; and
commercial cornpanies, and that the goal wil] be to try to blcncl ali those together, and that they asked the
Department. of rcology (l50E) not te come forwarc3 with a scenario of what they espect.
Councilmember DeVleming: staCed that lie attended the 911 Board meetuig this morning where they
approved khc budget reccammendatinn to the County which inelucles an estitnatecl 7% increasc; that lie
attended a press release dhis rnorninb regarding the Crime Check phone number tha[ will be disconnected
Council Meeting: 09-27-05 Page 1 of 5
Approvcd by Council:
Dra.ft
petober 1, ancl that the change has been ehallenging as the crime reporting number is receiving ,-1
approtiirnately 5,000 calls a rTionth for infortnation.
MAYOR'S Rt:YORT:
Ma}'or Wilhite reported that she attended the Spol:ane Charnber's annual mceting, iuid the ribbon cutting
1t 24-HDUr Plfi]eSS; and she discussed il SCF100I pI'Aj@Ct 1t WE$[ V3lI8y Where tbc children rale-play in
various commUmit:y jobs; and she loo aktended the Valleyfest c.elebration.
. PU13LiC CUA'liNlEIN'I'S As t7oted belo►v, certnirt agenclu item.r yrovide un opportiaiiry far puhlic
contfltettt dta-in> the di,rcota•se of thut agenda iferrt, ancl public commeiit will he irlvited on thvse item.r as
they conre z~J) on tjie agencla Also ns iiotetl below, aggenda itenis such as "Adininistrulive Reports" nnd
"L formafion Only" itent.s do rrot allaw for puhlic contrnent chiring the discourse uf tlrose rtems; however,
yoar rnay commen1 pn those items noiv, a*s well as rniy ollrer nori-agenda iten:s of irrterest to you. W-ien
yozi coirte to the lecler•n, pleu.ce state yottr rr(jme and address fur lhe record rntd limii r•emurk,s tn three
ln1T21l1QS.
Mayor Wilhite explained the etiarige in fonnat for taking public comments, as noted aUove, amd that t:his
change is ii result oFa change in the Couneil's Governance Manual; and she invited public cAmment.
Bill Gothmann, Plannitlg Commissioner: he read his preparccl September 27 letter conccrning providing
notice to landowners prior to taking comprehensive land use actions; and asked that Cnuncil cotisider
adopting a notification policy or.postpone consideration of the 1i►n(1 tisc; section of the draCt Plan until such
policy can be adopted and landawners can be norified. 1. 1'IJ13L1.C A. F'.ARINC: Proposed 2006 Budeet - Ken Thornoson ~
'Mayor Williite opened tbe public hearing gk 6:21 p.m. Ninance Director `ChompsUn explained that
-.i
, tonight's public he3ring is the first Full }iearing on tlie proposed 2006 budget, with ari additional heari.ng
set for October 11. Jn going through his ]?owerPAint presentation, Mr. Thompson erpl.iined that the
budget is down a little frnm lhe 2005 amended buclbet; tHat the property tax, rcvenue is dowM becausc the
Gity no longer operatGS dhe library; and sales tax are up substanlially due to refinecl est:irnates_ Me also
iuentioncd khat dhis is the frst full year for GenCerPlace operatinns; and hc anticipates the numhers will
chiinge :i,,s the budget process pmgresses. Mayor Wilhite invited public c-omment; no coinrTients were offcrecl and Mayor Williite closed the public hearing at 6:27 p.m, '
2. FUBLIC HF.t1_k2.TNG: Ordinance 05-025, Ex-tension of UR-1 Tqnine - Vlarina Sukup
Mfayor Wil}iite opened lhe public hearing.at 6:28 p.rn. Community Developtnent L7ireetor Sukup
explained that this tiearing is for the bencfit of the public; that the orioina) ordinrtnec establishing the Ult-
l rone expired and an ordinance extendinn t.hat zone tivas passed and bec•ajne effeLtive Sept:ernber 6, 2005,
fnr an additional six monlhs, adding that this rone is for the I'onderosa and Rotchforci neighborhoods.
Ms. Sukup further explainecl [hat ordinance 05-025, which was adopted anci effective September 6, 2005,
was dorie on an emergency basis in order to prevent any gaps betwecri the original ordinance (01-035);
and 05-025. She also mentioned that s[ate statute requires that a hearing be held wit}tin 60 days of
passino such ordinance. Mayor Wil.hite invited public c:ommcnt.
Chuck HaCner. 4710 SWoodruff: gave some histnry of tt►e need fpr the change; and stated that Spokane
County previously arbitrarily assi~mcd the area UR-7, which Nvould allow up to seven houses an acre,
duplexes, ancl rio animals. •
iMayor Wilhite invited further commenis; no other comments were offered and Mayor `Vilhite closed the
public hearing at 6:35 p.m. -
. Council Nfeetina: 09-27-05 F'age 2 of5
Approved by Couneil:
Taraft
3. CONSE•NT AGENllt1 ConsisCs of items consiclered routiiie which <<re approved a.s a group. A
Counc;ilmember rnay remove an item from the Consent Agenda to be considerecl separately.
a. Approval of thc Following Vouchers - Mary Ba.sl ington:
VOUCHEft LIST VOUCI-I:T3R TpTAL
I7ATr \?umber(s) V6UC1iER
A.MOUNT
09-13-2005 • 7538-7608 $511,53135
09-20-2005 7617-7670 $499.3 89.52
GRAN17 I'07'AL $1,010220.8
7 .
b. Approvitl of Paymll of Septcmber 15, 2005 of $139,059.08- Jason Faulkner
c. Approval oFAmended Departrnenl Emergency Managcment Cantract - Cal Watker
d. Approval of Cou1161 St'udy Session Mecting Minutes of September 6, 2005
e. tlpprova1 of Council Regular Ivfeetina- titinutcs of September 13, 2005
It was inoi,ed hy Deputy Mayar Munsofi, seconderl by Cvirncilme»zber 7'avlor, arid unanimai4sly agreed
to rrpprove the ConsentAgenda_
\'FW RUSIN*ESS 4. Firsl Keading: Proposed Ordinanee 05-027 Adoptinp Property Ta:c - Ken 1"hompson
After City Clerk t3ainbridge read the orclinance title, it was rrto►,etl by Couttcilmeiriber Tcrylor and
seconded by Delntty Alcryur Mcnison, to advwiee orditrurrce 05-027, levying property tares for !he 2006
budget, to a secoizd readiirg. Finanee T)i.i-E;c[or Thompson explained tbat t}lis ordinance is required by state
r~1 laNv in order to levy property ta:es; that the City is limited to a ma.ximum of .60 per thousand dollars of
assessed value; and that Council can modify the Ordinance to levy a rate between $1.51 and $1.60, adding
that eaeh ene cent of levy rate gcncrates approaimately $50,000 in properly tiLx revenues. Viayor \WilliiCe
invited public co►nmenl. .
Chuck I-lafiier, 4710 S Woodniff: asked if die amount-has gone up or doNvn or equalized; and Chat it is not
3liF)arerii iftax.es are being raised or not.
Dick f3ehm, 3626 S RidLeview Urive: he a,sked how t'his compares widi the e.c.isiirig rite; a.nd how doe,s
that compzire with Spokane County; he stated that if we kccp the sitme rate and the assesscd values
increa,5e, it malces it appear as if kares itre being raised; that t.he informtition presented tonight is
insufficient and does not exnlain how this will aftect taxes for tlie avcrage homeokvner, and he urLed
Council not to vatc on this tonight.
Mayor Wilhite invited fiurther comments; no further cornrncnts were offered. Brief Couricil diseussion
ensued regarcling <icCing tvithin a reasonable time and moving this forward to a seeoncl re.iding, which will
give stafFacldiCional time to gather morc inCormation, and allow tlie public furt:her time to comment.
{lote by Acclumatiar bi Ftrvur•: UncrPi imotis. Opposed: Nvne. Absteiitiorts.• Norte. iWotion curried.
5. First Reaciing: Proposed Qrdinance 05-028 Adonting I.nitiative and Referendum
After City Clerk 13ainbridae read the ordiniince title, it was moved by Deputy Al~ryor Alilnson tnrd
seconded by Councilnreirltler T'lunigun !o advance Qrdrrrunce 05-028 to cz secoyrd readiilg. Deputy City
Attomey Driskell aave the backgrouncl of the proposed ordinance, as per his September 27, 2005 Request
.
for CoLmcil Action form; ajid addetl that due to specific tirne rcquirements, Council.would not be able to
suspend the rules and adopt the ordinance tonight; but ►nay advance the ordinance to a second reacling if
Council Nleeting: 09-27-05 Page 3 of5
Approved by C;ouncil:
Tarafrt
that is Council's desire. Mayor 1Vilhite invitecl public comment; rio comments were offered. Vo[e Gy
ACCICl!)JC111011: Ii1 I'CIYOT: URCll711)1puS. OfJpOSe(I.' iNlp118. AbSIEI7llpllC: N071L'. AfOIlp7? CQYYI2CI,
6. Motion C2nsideration: Contributions to Outside Agencies - K.en Thompson
It wa.s moved by lllcr}lor Y3'illtite mul secorided by Cotarcilmenrher DeVleming to adopt lhe figzu•es for
aactside ugeircies as presenled at tlre last meeling. Finance Uireclor Thompson gave a back;round of t:he
issue and of wbat infqrmation they previously discussecl, but added thaC ratlicr dhan $1,000 eac}i f4e Big
Brothers,!T3ig Sisters and far Chase Youth Commission, it was delermined to comhine the funds into
$2,000 for youth act.ivitics, and to obta.in i recommendation frorn our Student Advisory CQUncil (SAC) on
how to besl use those funds. Atter bricf discussion, including that there is no need to wait For the SAC
recorTimendation bePore proceeding, it vvas inoved hy Ueputy llluyrr e1qYnlsoii and secotlded hy
Corntcibrierrlber .F!`nttgrnr to a»tend !hE nrotion to reditce 1he L•'T~C ullocatioit by $9, 000 a►id apply cJlar ev
llie Interi7atiortal Trade Alliuncc naakiiag f/rat S25,000 fvr ITA rnrd $56,000 for the EDC. Vate by
.qcclanurtion: Li Ftvor: Deputv Mayor Murzcon; Opposed.• jt*ryor Wr/hite, mzd Caurrcilnrembers
,Schimmelc, Trrylnr, F1n32igaur, Denenrrv crrtd DeYleming. Motion jniled. lt was then rnnved hy 17eputy
Mcryor Minu•un a-tid seconded, to increust the tntal allocatiari !a ou[side agei7cies to $125,000 und alylv
thul i►rcreaced dffference tv the.ITA. After brief diseussion on the proposed inereased amount; including
Councilmember Planigan's preference if additional funds are to be allocated, to allocate those Puiads to the
Cornrliunity Center for tiheir various programs, the vote was taken: bi favor: UEputyjWcryor Al:nrsor:, arid
Cv-iorcilmeiiibers .Iaenenrry rnrd DeVleming. Opposed• Alcryor Wilhile, and Cointciln:e.mbers Schimmels,
Tirylor, wrd Flrntigrnr. Abstenlions: None. Alotion fni[ed. Ma}'or Wilhite invited public comment.
Jennie GVillardson, 12722 East 23`d Avenuc: spoke in support of Councilmember Flanigan's idea of
further sulaporting the Community Center.
Tony Lazanis, 10636 Eist Frnpire: cautioned Council to exercise restrainl: on granting funds, and to ;
measure the benefits and not spend more than we can afford.
iVlayor Wilhite invited fitrther public comment; no fiirther eornrnents Nvere of-lered. Yote hy Acclcirnalioyi
to ndopt tlre figures for ozctside aRerrcies as presereted at the last nzee[itrg: Tir Fcwnr.• Agcryor 66'iljri[e, untl
Councilmembers Schiirrmels, Tuvlor, Tlarrigrni, Deiienny, crnd DeVlentirig. Opposect.- laelJtity Mcryor
1Lfzuison. Ahstetrtioyu: Nurie. lkfotion passed.
7. Motion Corisideration: CenterPlace Sponsorship for EUC/Charnber Meeting - Mike .Cackson
Jt wa..s ir,oved by Cotatcilmember Flrntigaii tnzd secorrded hy GotnTCibirembcr Dene►trry to allocale $450.00
to lhe Spoknrre Valley Clttmiber of Coirunerce for sparisoring t6re EDC Chanrber af Con7inerce nreetinK at
CenterPlace. Parks and Recreation llirector Jackson stated that: Chis motinn consideration stems from a '
cliscussion at the September 6 study session coricerning the possible spqnsorship of the Fconomic;
17evcloFament Coumcil (F.:IaC) to hold aChunber meeting at CenterPlace, anci ii was later determinecl it
would be best to allocate those fiinas to the Valley Chamber raklicr than the E1)C. Deput:y City Manager
Regor stated that we currently do not have a policy regarding discoLm[s or riot chargiiig fees fnr events
[hat serve a public purpose; but the belief that this mecting serves a public purpose is valid reason fo grant
tkose funds; adding that a pulicy will be developccl iii the near future. Purther Council discussion includcd
that there is no real unpact to the budget as it is tlie use of a faciliC?; that t}ais is more of an accounting
issue a.s there will be no cash outlay; and the irnportance of assisCing in an annual event ttnd s}iowcasing
CenterE'lace, thereby bringing people in for t}iis and future meetings. Director Jackson said Ihe scheduled
Qctober 27 meeting will not bump anyone else from the facility. Vote by Acclamacian: .In 1%avor.•
Ununi»tous. apposed: NunE. Abstentinrrs: tVone. Alotiori carried.
1'1F13:LiC CONII~I:ENTS - No commenls were ot=fered.
Council lvieetiog: 09-27-05 Page 4 of 5
Approved by Cauncil:
17raR
~-l In response Ca lhe accompanying memorantJum for this agenda infonnation item #10, Councilmember
TaeVleming asked thaf staffgather additional informalion regarding the motnrcycle track issue and «rould
like the issue schedulecl on an upcoming eouncil agenda for fian:her discussion.
There being no furttier business, it was inuved by Councilmenzber F7rnligun, seconded by Deputy iWcryor
Murlso», crncl tazuninroicsly upproved to adjourir. The meeting adjoumecl at 7:12 p.m.
Diana Wilhite, Mayor -
ATTEST:
Christi.ne t3ainbridoc, City Glerk
-
Council Nleeting: 09-27-05 Fage 5 of 5
Approved by Coimcil:
i . NuivUTrs \-j CTTY O.N SPQKAiYL VALLEY
STUI)Y SESS1:C)r\'
Tuesday, Uctnber 4, 2005, 6:00 p.m.
Attenclance:
Couucilrriembers: SlafG
Diana. Wilhite, Nfayor Dave iVlercier, City Manager
lleputy N1ayUt i'vlunsOn Nina Regor; Deputy City Manager
vlike lleVleniirie Council►iicrriber Mike Connclly, City Attorney •
laick Uenenny; Counc;ilmember I.'.en Thompson, Finance i7irector
e'VIike rlanigan, Councilmernber Neil .Kersten, I'ublic Works Director
Gary Schirntnels, C:nuncilrnember Mil:e Jacksun, Parks & Recreation Director
Steve Taylor, Councilmember Ma.rina Sukup, Community Development 17irector
Scott Kuhca, Senior PlFUincr C_Treg McCorrnick, Planning Manager
Carolbelle Branch, Public T.nformation Ufficer
Chris Bainbridge, City Clerk
Mayor Wilhite cxlled the iTieeting to order at 6:00 p.ro., wclco►ned all in attendance.
.Entplnyee Introductiort.s: '
Deputy City Ivianager liegor explained tha[ T'rish 13urns-Hart, 1=luman R.esourc:e Analyst is unable Co
attend clue to a law seHool class, aiid that she was previqusly introduced several rnonihs ago as a Legal
~ lntern. YTs. R.egor then introducecl newly hii-ed recepfionist I'atti NicCortnville. l'ublic Works Directnr
Kersten explained thaC Iim Klein is unavailable tonigbt, and we will re-schedule his introduction for
another nicht. Council welcc~med ne~v em~iloyee :t'~itti McConnville.
1. Comprehensive Plan. P1anning Gommission Pr4sentation. Recomrnended .Uraft - Davi.d Crusbv .
Mayor Wilhite extendeci her personal thartks to all me►nbers o.f the 1'lanning Cornmission, and staff for all
the wark on drafting aiid compiling the Plan. Planning Comrnission Chair Crnsby introduced -the
metnbers of the Planning Commission: 13ob $lum, Gail Koglc, Iam liobertson, arici Fred 13eaulac; and also
acknowlcclaecl John Carroll who was not in attendance. Mr. Crosby thanked the Plauning Commission
mcmbers for dheir diligent work; aiid cxpressed his deliDht: in presentina the first comprehensive plan for
the City, to plan aiid determine how our City wiJl look 20 ycars from now. As Chair CrosUy went
tlunugti his PowerPoint presentation; he explaine,d that everyttling has been put up on the website iri orcler
co bive as much i.nfonnation tn tlie public as nossible. Mr. Crosby also tnade reference to the Public
Comment notebook, conlaining written corornenis recei'ved from membets of the conmiunity. Mr. '
Crosby also exteiidecl cammendations to staff for their work in hsving items ready for Planning
Commission mcrnbers as they met [wic:e aNveek for nine weeks; and for working so diligendy t}irough the
process. .T.n addition, there is a minority reporl; he explained, on those issues where there was not full
PlarLning Commission consensus. He stated that the norl,h Greenaci-es and Ponderosa neighboriioods
brought goQd recommendatioris to the pracess, arid iti1r. Crasby than.F:ed Chem for tlicir assis[ance aiid
inpuL As Council deliberates this huge task, Mr. Crosby said he will avail himself as a resource and
looks fonvard to seeing where Council will take the Plari irom here.
CoLmcilmember Flanigan asked how rnany individual ciCizens (not rcpcat commenters) took part in the
Iiearing process; and Cammunity Taevelopment [airector Sukup said she estimates 300 af the public
hearings; not including ihose who called and sent letters aud/or e-mails; and that staf-f has approximately
3,000 narnes in the database. In response to Ivtr. Flanigan's question about other distriec representativcs
being prescnt or giving written comment; Mr. Crosby said that not all entities were represented at the
Snidy Scssion N9inutes: 10-04-05 . E'age l of 3
ApprovCd by Council
rneetings. iVlr. Kuhta added that all service pravidcrs were eontaeted, such its fire and watcr clistricts, in \
an atiempt to obtain coordinakion on the Plari, and that sorne entities did send informaCion. Mr. Flanigan
stated he would likc io know which entities respondeci and/or participated.
City Nianager Nleroier a.sked i'vlr. CrUSby how he wrould describe the S1afPs input, did stsff provide
informaCion on the pros and cons and does this ciocurnent reflect Planning Commission thinking or is it
staff' driven? Mr. Crosby responded [hat t.his is nnt stafl's document; that stdff was there ris an advisor;
that this is the Planning Commission document; and present Planni.ng Comrnissioners a11 concurred. lvlr.
_ Crosby stated that sfalFh3d input, and satttctiiTivs the Planning Commission took l.beir reconulienctations
and sometimes not.. Deputy Mayor Ivtunson indicated he would like to have access to the public input
Comment's ~jotebook. Chair CrOSby stated that all partS of the Plan touch the other parts, .tnd [lae Parks
and Recreation lvfasCer Plan was the last chapter they examined, itnd that they examinecl ever_y chapter of
the plan, linc by line.
i7iseussion ensued on the overal) vision and goals oFthe ciry and where we would like to be in lU, 15, and
20 yzars; shaping the character of the city; different city center seenarios; in-filling versus sprawl; dle city
prqvicling the framework, ancl the private sector workino t9 fiill in the areas; a. place for flll the citizens,
fornl young families to retirees; and that the doaument can and should be changed over the years.
M.r. Crosby said ihat the City Center is perhaps onc of the most important 3spcct~S of the 1'lan; th£it Gi1.iZCr1S
co.mrnented, and Flanning Commission tliembers cnncurrecl, t.hat we have no identiCy and aCity Center
would help to es[ablish an identity. .
Council and Mr. Crosby tliscussed how this all fks in widl the Council's 'vision; protecting the
rieighborhoods yet allo-wing for proper dEVelopment; that the 1'arks pltin will help the "play" aspect of tlle
vision, arid thAt the F'lan will protcct the environmene. iN!Ir. Cnosby stated thaC the Qreatest challenge will '
lae to implement the plan and advise hocv t:o overcome challenge,s; and how to implement: the plan in a
Fscally responsible manner. Mayor Wilhite again extendecl t:hanks to all thnse i.nvolvcd for all their work; ancl said diat Coimcil will be
pleased to have Planning Commission mcrnbers here during ttelibcrations.
2. Comprchensive Plan Ueliberation Approach - Niria Rego
laeputy City Manaper Regor eaplained thaC the purpose of this a-eacla item is to obtain Counail fi,edback
on the general approach as tliey deliberate on the I'lan; which will help sti►ff ncgotiste meetings, legal
notices, public opportunities, eCc. anct staff seeks enou};h directiort Which Would enable t4 get things done
. in the lead time neeessary. As Ms. Regor went through her Yower.Point presentation, she sCaled ihat there
is no rnaximum number oF hearings to hold, bul cve are required to k►old at least hvo and SF1G ASkS
Council's preference on hearings; also that it might be heneticial to the public Co know which sections
Council will deliberate upon and when.
Discussion enstietl bettiveen Councilmernlaers and sta[I' on what chapters (if any) eould or sllnuld be
cambined for clelibeimtion purposes; wltich ones iire easiest, which more complicated; how much time
might be needed for each chapter; aiid of not duplieatinb the effoi-ts of the Planni.ng Commission; of
including smallee pieces into Cypical Council meetings scliedule; and of the tirne schedule neces5ary Co
adopt x}ie PIAn. It was detennined that Cou.ncil preters to hold the frst puhlic hearing as schediiled for
Oct.oher 18 , and to hold a sec.ond public heitring October 25`h rather then wait until i\TOVember; and after
Council has had opporhinity tn read t:Fie Plan and heiu- test.irriony, COuncil Would be in a better position for
further plartning on the deliberat:ion process. Councilmerr►bcr rlanigan reminded all that he still Nvants tn
receive input fi•om affect'ecl,jurisdictions, such Us t}ie water dish-icts, fire distriets, school districCS, eta.
Shidy Session Nlinutss: 1044-05 Fage 2 of 3
Apprpvcd by Council
3. Advancc Agenda Additions - Nlayor Wilhiie
Mayor Wilhite mcntioned diat thcrc is one opening'on the Lodgin4 Ta.Y AcJvisory Commity:ee, and
applications can be ob[ainecl from the City Clerk. Nlr. Mercier also rEminded Council t:hat chey may want
to schedule a"Iegislative agentla" item on an upcorning council agencla for Cotmcil's initial t1►oughts of
iCems tn take to nlympia. 4. Counci! Check in -Mayor Wilhite
No comments.
5. Citv ivlanaQer CorrimenCS - I71_v_e vlcrcier '
No comments.
There beinS no further busincss, the meeting adjourned aC 7:30 p.m.
Diana Wilhite, Mayor
ATTC•ST: . '
(:hristine Bainbridge; City Clerk
~
Study Scssion Minutes: 10-04-05 Nitgc 3 of 3
ApprovCd by Council
CITY OF SPOKANE VALLEY
Request for Council Action- Meeting Date: October 11, 2005 City Manager Sign-off:
Item: Check all that apply: ❑ consent X old business new business ❑ public hearing
❑ information admin. report ❑ pending legislation
AGENDA ITEM TITLE: Sec4nd Reading: Proposed Ordinance 05-028 Adopting powers of
initiative and referendum in Spokane Valley.
GOVERNING LEGISLATION: RCW 35A.11
PREVIOUS COUNCIL ACTION TAKEN: Presentation by legal staff in January, 2005;
presentation by legal staff May 10, 2005; presentation by legal staff June 7, 2005; adoption of
Resolution 05-012 on June 28, 2005 declaring intention by Council to adopt powers of initiative
and referendum; first reading on ordinance adopting powers of initiative and referendum on
September 27, 2005.
BACKGROUND: Legal staff provided the Council with three presentations on the -powers of
1 initiative and referendum in Washington, and how local jurisdictions adopt such powers.
Following those presentations and input from the public, a majority of the Council voted to adopt
Resolution 05-012 stating the Council's intent to adopt those powers. .
Pursuant to statutory requirements, the City published 'Resolution 05-012 in a newspaper of
general circulation within the City not rnore than ten days after passage of the resolution. The
citizens then had an opportunity to file a referendum to try to block this aetion by the Council,
but only if done within 90 days of publication. No legally sufficient referendum petition has
been filed wiihin the 90 days. As a result, the Council must enact an ordinance formally
adopting the powers of initiative and referendum. As you will recall, once the process is started by adoption of the resolution, it must be completed by adoption of an ordinance. ,
There have not been any changes to the proposed draft ordinance since first reading.
OPTIONS: Move to adopt Ordinance 05-028; instruct staff to amend the language -
RECOMMENDED ACTION OR MOTION: "I move to approve Ordinance 05-028, adopting the
powers of initiative and referendum for the City of Spokane Valley." .
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Cary P. Driskell, Deputy City Attorney
~
1`- 1 ATTACHMENTS: Proposed ordinance adopting powers of initiative and referendum.
DRAI'l'
CTTl' O:H SPOKANI+r Vr1LLEX
SPOKtIV°'E COUNTY, WAS.FLINGTON
Ol2P.TiNANCE NO.OS-028
AN OR.l)TNANCE (aF 'I'H_li. CITY OF SPOICANF VALL,EY, SPUKANF COUNTY,
`VAS131►\RGTON, AllOPTING '.L'F_[F 1'UV1rERS QF fiVITIATIVE ANn REFERENDUM
FOR THE QUALIFIED FLECTOR:S OF THF, CTI'Y.
NVNEREAS, thc City Council of the City of Spokane Valley, VVashington, approved IZesolution
No. 05-012 on June 28, 2005, statino its intenC to adopt the powcrs of initiative and reFerendum for Che
quali#ied elet;tars of'the CiCy as provideci in RCW Chapter 35A.11, now, therefnre,
NOW, THEf2EFORF, the Gity Council of the City of Spokane Valley, Washington, ordains as
follows:
Secfion 1. 1'urpose and Intent. Tlie purpase and intent of this Ordinance is to comply with the
statement of intent in Spokane Valley R.csolution No 05-012.
Seetion 2. A new Ghapte.r I.02 entitled "Initiative a-nd Referendum" is hereby acided to the Spokane Valley Municipal Cocle to read as follows:
Section 1. 12.0 10 Powcrs of lnitiat:ive and Keferendum Adopted
The City of Spokane Valley hercby adopts the powers of initiative and referendum for lhe
qualificd electors of the city as provided pursuant to RCW 35A.11.080 thraugh 35A.11.100. Such
poNvers are to be exerciscd as provided in the above referenced sections of thc Revised Codc of Washington as they noNv exist or may Ue amencfed from time to time anc3 said sections are hereby
incorporated in full by this reference.
Section 3. Severabilitv. If any section, sentcnce, clause or phrase of th.is Ordinance should bc
held to tre invalid or unconstitulionll by a, court of competent jurisdiction, such invalidity ar
umconstitutionaliCy shall not a3ectthe validi[y or constitutionality of any other section, sentence, clause or
phrase oFtihis Ordinance.
Section 4. This Ordinance shall be in full'force and cffect five (5) days after publication of
t}IC O['dLri1T1CG, or a summary thereof, i.n t:hc officizl necvspaper of the City.
PASSEL7 by the City Council this day of October, 2005.
A`ITE,ST: ' Diana VVilhite, Mayor
Christine Bainbridge, City Clerk
Approvecl as to Eorm:
~
Office ofthe City Atlorney
Date oFFublication: '
, i
EtTeeCive Date: "
Ordinancc 05-028 Granting Initiative & Itefcrondum Page 1 of 1
~ . CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 11, 2005 City Manager Sign-flff:
Item: Check all that apply: ❑ consent ❑ old business X new business public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : Motion to allocate 100% of city arterial street fuel tax to the Street
Fund for street maintenance
GOVERNING LEGISLATION: State law was changed this summer to allow cities to allocate all or a portion of fuel.taz dollars to the Street Fund for street maintenance. PREVIOUS COUNCIL ACTION TAKEN: The City Council was briefed on this option at a
budget discussion which took place at a council meeting in September. No formal council
' action was taken.
BACKGROUND: State law has required that approximately 30% of motor fuel tax received by
cities be used for capital improvements on city arterial streets. Cities have expressed concem
for years that there was not adequate funding for street maintenance. The State Legislature
~ recently changed the law to allow cities to spend motor vehicle fuel tax on street maintenance
and/or street capital improvements. Cities could make that decision based on their needs rather
than following a state .law. The city will receive an estimated $1.7 million in fuel tax in 2006. .
$500,000 of the $1.7 million would have been earmarked for arterial street capital projects under
the old law.
OPTIONS: 1.) Continue allocating 30% of our motor fuel tax to arterial street capital projects;
2.) Allocate none of the motor fuel tax to arterial street capital projects; 3.) Allocate a
percentage other than 30°/a of motor fuel tax to arterial street capital projects.
RECOMAAENDED ACTION OR MOTION: The city council has determined that our highest
budget priorities should be the General Fund and then the Street Fund. Capital projects have
been designated as our third priority. With these priorities in mind, staff recommends 100% of
the motor vehicle fuel tax be allocated to tFie Street Fund for street maintenance activities. .
BUDGETlFINANCIAL IMPACTS: The city will receive the same amount of motor vehicle fuel
tax in the coming year. The only question is if these dollars will be spent on street maintenance
(Street Fund) or on street capital projects.
STAFF CONTACT: Ken Thompson, Finance/Administrative Services Director
` ~
~ CITY OF SPOKANE VALLEY
) Request for Council Action
Meeting Date: October 11, 2005 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report 0 pending legislation
AGENDA ITEM TITLE: Comprehensive Plan Deliberation Approach
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: Council began discussing its Comprehensive Plan
deliberation approach at the October 4 study session.
BACKGROUND.: At the October 4 study session, there was Council consensus to scan the
Comprehensive Plan Planning Commission Recommended Draft and be prepared at the
October 11 meeting to discuss the chapter order of consideration. Other outstanding decision
points include preferred day(s) of the. week to meet and deliberate, and frequency of public
hearings.
r~
. J
OPTIONS: There are a variety of possible approaches, depending upon Council's preference.
RECOMMENDED ACTION OR MOTION: Council consensus on a preferred approach
BUDGETIFINANCIAL IMPACTS: N/A
STAFF CONTACT: Nina Regor, Deputy City Manager
ATTACHMENTS
1. Powerpoint presentation
` i
~
Compr hensive Plan
Deliber tion Approach
Nina Regor,
Deputy City Manager
October 11, 2005 .
Chapter Order Used by
_Planning Comm.ission,(PC) .
. Intraduction
■ Utilities'
■ Natural Environment*
■ Housing #
■ Economic Development # - ■ Transportation
■ Neighborhood (PC-initiated chapter) *
■ Land Use t
■ Capital Facilities` ■ Parks
ElemenE PC idenElfled 3s taking less time to defitrerate
Elemerd PC fdenGfied 3s taking more time to deliberale
OaaOCr 11, 2005 COmp i'len otl'pcratcn.lpqoval 2
. ~
/
- , ~
Public Hearings
■ 1 St Hearing: October 18, 2005
■ 2na Hearing: October 25, 2005
■ Final Hearing: Scheduled just prior to
adoption of the Comp Plan
■ Additional Hearings?
Qdmer 11, 2aC6 Gamp Plan Dc''~er.dm Ajpptdi 3
)I
Deliberation Schedule -
■ Tuesday evenings only? . ■ Other weeknights?
oIn addition to or instead of Tuesday night .
meetings? .
■ Daytime meetings?
■ Weekend meetings?
QdMRr 11, 20D5 C*r.n fhin Delbca:bn Apryoarh 4 • ,
~ .
. • . 2
~
V J
Public Awareness Effort
■ Draft Plan on City Web Site
■ Flyers posted at public locations
o City (City Hall; CenterPlace)
o Library
o Post Offices
o Valley Community Center
o Other (e.g., grocery stores; churches)
■ E-mail database
■ Media (newspaper; radio?; television?)
■ Service Clubs?
0tAOCOt11,2005 CompPbnOcihcctlloaApprpadh 5 ~
\
\
, . 3
.
~ : - . - , - . , . , . .
. , . • . . . . ; , . . .
. . . , ~
. • . . . . . . . . " . . . . . ~ . _ - Ti~01~1]IFAPEAf00NQNICO'ivfLA►!EN:OOUNt#l
Your starting paint.
ka,ne.Area :Econo.rnlc
p .
~ - . . .
. . D:evel'o"nt Council
Pme . . . . .
ua-r. terl U
e
2
Q .y p-dat.
. 005 .
. . S: ok .
ane Valley _
. . . .
~ Driving the:growth, af quality jobs -and investment in the
Spokane region lfir Ough direct. recxuitment of ne*w business ~
. and deliveYy of -tools and Yesaurces to support business ~
. . , . .
expansion, and retentton: ~ . .
. . . - -
.
. ; . . . ~ ~ .
. . ~ ~ . ~ ~
. - . . . ~ Spokane Area EDC
. . . . . . . . . • . . ~ . • . . . NOMfR ARFA iG9NONIC 00Il01!EM CCLNpI
. ~ • ~ Your stastingpaint.'
. 20.0.5: Priorities
Organize ~effici.entlY ~.to optim:ize output: cost ratio
, . . .
Deliver-.,,updated rnarketin sales. tools
g.._.
~ ~ • ~-;Drive:~xe -~~o~ai .tecll:x~olo ~ cluster_ devel'op ment
_.gY.:. . .
- an:d te:ch j :oowth
~
. . ~ , ~ ~ . . ~
~ . . • Jncrease investment, i-n~ generat.in ~ ~ awareness of
g : .
gion . . ; . . .
. . . . Spokane-iZe.
• Continue-'investment ~ in. manufactuxxng clu'ster ~
. .
~ development and recrultrnent. . . ~ ~
•~'rovide su p ort, fo.r. -log ; isti~cs & healthcare
. p . ~ . . . .
- c1usters. . . , _ . , . . _ , . . -
0
, .
. , ` ' . . . ~
Ae
. ' ~70~Cs"~R10 ~ g=
. . . . . . • ' ' • . . ' GPpA14 AAEA FCOMOIIICOS'FlCP.7sNiCOllNfl
3 6
Your srtrrting point.
.usiness.De AcV. tivity .
• Activity tFPdate Ql 2005 Q2 2005 ,(23• 2005"
New Recruitment Leaas . 12 19 13
New Expatision/Retention l.eads • : 3 . 3 1
Recniitnent Wuis . : . • O. 1. O
Recruitmeni Losses • ' . , . . 3 :
Expansion/Retention Wins* 2 ~ . 1 p
Expansion/Retention C,osses p . p p.
Client Sitc ViSiCs (outbound) 7 , 17 4
Clicrit Sile Visits~(inbound) . . 9 : g 8
Fam Toiirs . . . . : 0 . U . 2 .
Local Client Ivlcetings 78 . 51 . 68
Tech Roundta6le 1vlceting - ~ • . • . • ~ . • 24 42
Site Selector Contacts 1,608 7,713
ProposalSIaeveloped : . _ . 16 . 24 26
CEZ Tn Progress $7.25MJ$61$K S9.9M/S795K $540K/$45.9K
Recruituient 'Qir.ect Mail - : 195. . 212 147
.
. . . . . _ - - - - - - .
_ ~
- : _ . . . . . . : ~ ~ . ~
~ . . . , , . ~ . . , ~ ~
, . . ~ ~ _ : ~ • .
• ~ . . . . ' . . . ' . . . . ' y-••, ' ~ ~ . ~ . _
. • -iPOM/,'MNt&1[C10NOIi Spoic~ieIAre+a EDC.
. , • ~ _ ~ . ~ . ` , . . . dvitie S~ ~ ok .
ane, ~ur stnrringpoint.
. . p . . .Y ,
~ 14 proposal. packets. included sp.ecx.fic Spokan.e Valley
buildin.gs; and/or property ` ~ . . , . ~ ~ . . . ~ . .
• Vi:sited -ten Spo:ka-n"e Valley sites,with recruitment and ~
media :clients : ~ . .
-repare:d~. a. cost comparison. 'study of West Coast cities for
a Spokane ~Va11ey manufact~ring -company preparin.g f.or a
. ~osslble eX~ansion: o.f INt0 15.0. new jobs ~
AssistOd Precision C-utiting Tech_nol.ogiles.-. in obtai.z~ing. CEZ
benefits:`for ltheir new man~ufacturing facility. in the
~ . Spokan.e In;dustxial Park; -$540;,000in nevv coristruction
. .
.
• Consulted with Spokane Val.l:ey Co-mm--.-un.a,ty Development
:Departm,en.t on d:etails, o£ CEZ progranm ~
, • Consulted with-Mayox: W~1:hxte ;on: ~ornation of
.
. . ~ . .
Com~mun.~~cations. Task Fo.r.ce
0
, . : . _ . . . - • . , , . ~
_ . : . . . . : ; rl,.
- ~ . . ~
~ . .
Spoicane Are~a EDC
~ cP-~ Your starting point.
. . • . . . ~ ~ A'ctivity.
5 Pr
. oJe ct . • Con~prehensx:ve Econom:ic Devea.opment Strategy : ~
• Eastern: ~Washin.gton R.egional Gxgapop technical gro-up
. .
pxoject manageinent. . . . : ~ . _ .
. • G-ame Festand-Game,'Fe.s't Lite 'proj ect
. • In.centive Task Force.
• Workforce developm.ent proj ect
~ • Communi:ty Technol:ogY Committee. ~ ~
_ • Spoka:neffotZo:n.e proj eGt rxianagement.
• Incentive Task-Force
Workfo:rce developnient
• West Plains ~stratega,c,Cdevel:opment plan ~ . . ~ .
: • Kenda~ll Xard brown.f.'ields P~oj ect:~ix~anagement
.
. r , . , . . . . . ~
♦ ~ ~ . .
- ' ~ . . * tPOKAfQ/tGhECOH0111COGVFWf7fiNLCOUNQ►
Your slas:engpoinG.
J .2-0-0"mCluste'rActi
vl
. . .
• Technology. , . ~ . . ~
~ - Direct recruitment .out of Western Washington
- Digital:.- business outreach e.g: LLIX/ISR/IT"Lifeline, ~buiXdin.~ co- ~
op:znar-keti.ng: proj:ects. , . . , . ; .
~ - Energy - workirig with WSU on ~dping~-tech. tzans.f.er- b-usiness
model; evaluat7ng~_.recr.uitment opporttuiity and. federal funding
sources
~ ~ . Man~ufacturing
Advanced d:irect re.cruitrnent, =CEZ. -developnient ' .
-~~.A.ezospace/~vi:ation - creating new cluster group & marketirig
. mater.~als w/Airport; connecting.to~~Boeing 787-supply ops
~ . - Tradit ior~a;l - di_rec~ :recruit~ment, INEA ~~art~nership
~ • Logistxcs_
- Disfribution R-ubs; = increasing -marketing of ava:i:lable sites
0
~ `
; ~ - - - . ~_~_J -
. - . . . ~ ~
. . : . /N
sIKMA/i~o~,aMFAfCONC1iICa~ EM ~
~ . . . , . ' . • . ~ OQVFIpInF1(TCOUHZiI
~ Your stasting point.
. . t .
~ . _ Mar. eA
1
. vity
. ~ • Cluste.r specif c.sales tools:
IZeaI'F statE~ Magazule
Li&stylc slick
- Mariufacturi.nb slick . ~ ~ . .
-~Busin.ess.cast comparison docur_ia.ents`,~ . : ~ .
~ • VVeb Site :Develo ent - :Phase 2 underwa.
~ p,m y . -
- ~ www.s.pokaneedc.org -.aciditional':pages :a:nd~ sttits, visuat-support
: • Site Consultants: . . ~ ~ - .
- .I7ire;ct Mai:l:: Month.Iy Nc;ws'Update . ~ . . .
Spo:kane Regi:onal TJpdatc e-newslctter,
~
. ~ .M..edia: . . . . , .
- Devclopment of m_edia out~each.,
program,~ . . ~ .
~ . - 2~-press releases
~ FAiI: Tou.rs:. ~
- Business li at;ilities Magazine ~ . . ~
Expa.nsion:.Mariavement 1Vlagazine-
~ ~ ~ • Events :
Acrospace tax adjustment package workshop
.
camrmercial rreal es#ate m~gazine
S.POK,A
_ NE
~00
:5 ICINITY
.
~ * ~
~ - s~ ^ t . ' r. - ~g~~Iz1 - ec~ _ _ ~ ~ c • . . ~ ~ t~: ~
_ e . ' , ~ . . ~ a~' ~ i ~c-~ ~'S'~ ~ ~ . _ .1`'i}„ , 'i`
tI~ J ~ . , f~. . . ~ - ' ~
= I'; ~~-~~~,~i~s+~: r~+~' ~ 1 y. d'•~i~~ v - 1 ' ~~a- - t ' .
46
_ _ i, t _ ~ , - ~ i a~ ; ','"~~4 Z~' o~ ► ~ s~ ~ J "
~ - _ 'i r ~ '~r ~ +L ~ ~ ' ` \ - r • ~ l
. t~"~ f~M~ i ~ ..M ~ _
k~ A.
•
~ 1 + - - - - 1'' v~• ~'1~ ~ .~y~~~~~ ~ ,
~ y°~""~ ~ . X ° ' _ ~ . ~
~ i ~►SS - .-~M ~ ~ ~ ~ _i.~. = ~~r+
~ • ~w4~r-_.
~
~ IIL 4 . I ` _ - I •
y i 1 T 4`► I ~ ~ _
~.rLr' ,i~1~~I~~'~~~f- _ .
I
f
t y I ~ ~ ~
..s ~ .
~ •
,
iL
. ;
:1'
'r ~
~ - - - ; -
,E R
S
^
, ~ - t F-ArAURM
office space manufacturin,g
■ pr1m+~ localrions
~ ~~~~ercIaM ac1'eage
, K'ndiu5#17~~ ~arks $c space
■ manufact~~ing Iocations
~
~
.
Und - ~
~
10
* 11O'k 5wvs 20
]`,aT Fe r:4 `
.,ic_•i I'ial '~l4
P
12-13 Fo Fwaw
„ t~L ~l yl C±
~ 2,2
' t~l~a+~r~nr -20~ j2t~ r~ 3:~? ~ ~wummrr~ n~r~ 23 °
,
t1~p1W u1v~„~~~~Ir.m ;,1 20 1~JI tra Br~llrrpl~~ 11 „L`~:E M~Fri~rld -
s ~ • I 9''
O171 W 411 5tietl 7
21 P1 Mcfw fl:
N " ~ I , ~ ~ IM~dnuw~
~noa~. ~,n+o~4 Ha 1 ~ - _ , ♦ ~ ~ - ~ , . . - F
Nhf~l hrr" ~ cl
~ ~ - - - IA[il E Taqlime /Y ~ Ubirbte~n
~ _ .
I VOO- '-1 ~iIFPRttqorrotpqr Lurw $
mm"or,..w +am- E. trO A+t 3
~ F'dfw 15 y~^
~
All-ka t . _
. i.
i
"~'~HE P~K ~
ARG-ERM t~O,~~~~~~~~~~~~L W&IC lNVESTMENTS
~
~
SoAme
~r lnt2~~ Fkirpa't
hJ [Y 11 rF~f '
SDn
V~L
~~d~7~aFA~~A.~k Y ~ yL"1Y~Iti ld~4 1H612i'i Ii1:.6'
E~i•rd ~I Estate C.~rnup t rt11r`.44'~
rU2 it{,rFiit~ac h ?1necroft
?.y~
~ `~k , ~ .w ~ ,7 ~ .4~~~S~4FF5~~:IAS,. WNLET
I,'FA1, FiT.3.TF ll,i'I4GQQ
C i'f M. S' A ti Y ~
1_ 9 oa_ 5 P£3 KAP.1: E
Sch~~~ ~owers
528 EastTrent
C)
1 ~
I ~%z A oR#c-a spactr
km.strd Trv tha beert ol`
~ ~ Unlwarsft [MRstsW#,.
ME a.rew of Spakarne.
, ~1 And ratcr-av~ft.
4 ta ~,e
Fhv sts,tkes vi stomming
spokwaqL
~ - - -
AM w*wr aEftr
- N%A*C and rexAmgxs#iots
sn th[e beAcohd
haldWg,.
~ For Lease
Fuii Service: $12.00 - $22.00 per square f#,
Locati~n Contact
528 East Trent 1`om4Nnson Black Garnmerciaf, tn+c. ~
Spokane, Washington 99202 Jeff N6cGougan _
(509) 622-3576
• Oft1ce suites frorn m+cgaugan@LbEar-k.com
462 - 55r(?04 square ft.
* Re#aII st+ites ground floor
fro€n 476 - 15500 SqUare ft.
i Suites fot winery, brewery, ~
and banquet rooms frtrm
462 - 13,556 square ffi.
' EXlstlf1g I740d 5ySCeCtt1 aIId
kitcherr ready fcar reskaurant user _
= ti.
- -
E
s _ ~ -
~ MLiNSON - ~
-
~
Iron Bridge Corporate Camprus
1401 E'i`rent Avenue ~
:-•r~,. . _ .
Easy flic YrA1Mmmy Jml -
tw1f~ blackilY to no+IIAa'FoeUi
i-SO ~
$~R~Y~~~-ii~ - - -
,1~1[T~l ~ ~ f ~ ~ I lli ~ ~
PII 13 or a 3"Awot
Sf office rampus A
UNMOI mocft.K ro _4
a
dw U,mwWai" DuFt,iou
tha C-ametww ~ BU I id i i'~ ~ Z
md suppmo
iN ON =W40- Buil[#ing 2 For Lease ~ 60,400 SF
Thk pro.oE fta~~!w "Downtovwrn 14dvantages, Sruburban Convrenience"
LIUMD onad teet of
Spokn,aw Wm.r rvowra,oo, ILocativn +Cantact
iWz*WO*IWxv 1401 Easx Trenfi Avenue K6ernle & Hagood Campeny
catntruecka, and a _ S pvkane, WA 99202 M1I[e Liv1ngstqC4
owft&W kmathm. ~ - 421.0(}0 SF Eree pafking 601 West Main Avenue St$. 400
Sparkane. WA 99201
i ~ •La~ge, effcient tlmr pfates Phcne- (509) 838-6541
~ - Idear for office a.nd Fax; (5Q'~) d5$-4~}1~4
' medical uses
i ( ~ • Addi#ional build-ttr-sukt opfions Iron Bridge Corporaks Campus
• Asking Vease rate: i{er+t Hull
$13.001~F NNN wwwv,ironbddgevffcec:~ampus.carn
• Deuelopef..
Iron Bra€ige, L.L.C.
~r
w
► ♦
.~wa
v; I
, erc iti~ ~"f4~t~~~~~~~~~~1~~~ ■ u~t r~~1 ■ 0t-fic-e
• 4.~~J~klry+
. ~ -
I
HAGOOD
C 0 M P A N Y
i
The Real Estate Professionals
www.khco,com _
~
~
~09*838~*6541
i 601 W. Main, Suite 400 Spoltane, WA 99201 =
~G4'AI. !K 11!''1'.i
'~F`Til~ I .lii: Y
-
~
-
- - - , ' ~ - -
~ I
I
I
Retai1 ~ R~~h,,ib21it{~~jon ■ Rc.,.;iJenrinI
~
SIRT~~ ~~~hnology Center
Spokane, VVA 99201
,lill . - _
• 111.760 SF 1!lFetab
• $.820 $1 tlffic-0
,
. ~
* 61e" sr Ab"
I~
sum _ .6 _ s4- ~~4n CAndaqr
is ~~caftd iFF thi - -
~ rrt ~t~ 11~1'It~orsiRy~/
DK*trf'~[tR. cmar Sam-ed ~
I~~ewt ww Doecoomas
netacal Contw. nnd is 38,500 SF For LeaSe
840caat to Wa~
~VnhMr%ftW ef„ Wet 4.ab, Crffice & Manufacturing space
vhmkksgwn U"hrr.+r%ft
gnd G,qaSA+P Ucrbcsfr'ity. LZ7CatIofI
Undrr~ const,tedon I:tleaIly 4o-ca#ed can Rhe east end of the CBC and imrnediakeCy adlacent
a'"d *ChVdUI*d #4r ~ tte the Riverppint Higher Educalion Carnpus_
cstiydation in
quamr ~ 2005» Watlabs of uarious sizes and amenities_
Ama~~ ~1u4bb • Short Rerm Ieas~~~ availab1~
~eptlon "WWi0*. ~A • "Fixed" & 'Mobile' easework
. PILimbed with vacaurn, HA
compressed air. water C O M P A N Y
abtaat'•e~+~-s~rt - 100°lu autslde akr
Furne hoods ~ -
• 24 haur access
7~ Contact
Keemle & Hagood Company j -
~ 641 West hr#ain Avenue
Spokane.WA 99201
Mike Livingston (509) 755-6559
Craog Soehron (509) 755-7548
JL
~ ,
WeI 1s Fargo Cen#er
601 V'~~st I st Street
~ Best Space - Bes# Price - Best Service
,
WOnN "Q C4MhW it a ~
WW I* 4on#Y~v loCouw
InSpahmmr! Devvmsown
x
UCh noOl!' plW'k0 Ff~
W
~i ° ~ - _ Square 'het,
°o
" ' ~ - ~r~, ► ~O'111fL~C11~~1f1~ plf'#'~1L~II}'~'.
1~i ~rr1El~~i~h ~f 5he
h
. . °'6k '
0!Ff04 to ehe sowb
. ~ o1 UIo tr~iiigUng,.
~ttawtfvo In-NOw20
M.
eta* s'"tsaz qn~► ~d
i
~ ~ ~ ~rrtis[ao#aa hw~la~, I
Office ~~ace For Lease
CentraIMy Lac-ated Downtown
Location Contact
601 West 1sl Street W&K InvestTnents
Spokane. ~A 99201 NpGiy Page] ~
1330 N. WashingtonP Sui#e 3700
~pokaeoe,WA 99201
• Spectacukar vi€;ws Phone_ (509) 325-8432
Full servir.e Pease hollyRrockpt.com
,
~ AttacIned parlung garti, ~
• Coriference rocrns
i-
- ExercFSe fac+liky
~ • On-sfte maintenance stpff
• . . . _ . ~ I _ ,
,
- ~
Chimney Rock lndustriaI Park
3200 East Trent Avenue
~
-
-
- , ~ - ~ -
1~ lndrsbiid pw4e. I ~ ~ •4#
Plk}g
_ . _
278.000 squam f smt of Bklqe
d*h4wtlkm ww*ho~ ~
.~i+ •~,~a - .
.
a~trd ~ s~e, r.
chImltry Ral* aff+ws a
"ahog and
toomMen. Prowfding
l` ROCA 11SfiR11iL PAlCK
v+9aArseNlonR ac!noss to po 5- Tl4ElfT 4kVEN9JE '~i .,,r e'• I ~
bo'~ ~~~~~h MW~yr.
Oast(11P1~ coMelors.
-
i
Spokaners Most C+entrally Located
~istrMbution Center
Rates starting as lo3nr as $0w40
PSF W'arehvus+~, $0.65 RSF Office - NNN
~
1..ocation ~~ntact
41 Chimney Rock lndustrial Park The Rathrack Com~any
3200 East Trent Avenue Todd X. Rothrock
I Spokane, `4''VA 99202 FZcreky Rathroek
, Phone: (509) 535-6100
~
Avrailable Buofd-io-Suil:
9.000 ='17,040 S F
I - ■ Squafie foofags aval~able: -
6,50Q - 15,600 SF ` • Ceiling heighi - Cleat- 24'
C1ffice area: Build-ta~-Suil
DQGMC - HI ! DfiVe-In S~l•~~
- • Fuliy sprinkled
tl*+~ IP!ilY ~,4k~
-Warehaatse sky#ights
• Zoning 111l3 f r::=-~
r Earc:ep#ional IEghting ~i WE
Term: 5 - 10 yrs wJ escaAatiQns ~
eu~ery 3{I nnonths ~ ~
n
~
i
Mirabeau Point - CIass A Spa+ce
13,224 Eas# Mansfield #venue
-
~~A RFwaboim
is just ndmote, ho
the spokane va+"
YlAi sk so
h on C'R7tw FUKM. *R
oY'M! ~Van.#v.
~in~ftv
~r 1 pwfaffmmbm
Arft Coryter, and
wkhin wantwo
distonce LV
Ofikabeau'
. ~ - _ Y _ - Polat Pwk OII'Ri fil4
- - _ _ Coudennial ThA.
46,000 SF Class A Off ~~ace wbrabo" ftill"
Rental Ftates Star#ing At $18.50 per Sf to mrvk*d bV
dw" 6ntuaftu
~ m~ercisanWim wW
Lo-cation Contac# IN.a almosent pavow
13224 Easl Mansfield JMA Corrti~ercia1 Real Estate, L~C a,,~ cciamunication~
Spokane VaIley. U'VA Jamie M111er
(509) 927y7747
~ The rtrst building ofi khe planned irraller@IrnacornmarciaLconn
corpQrate deueiopmen[ lyrieeg on ,
ihe soutFiwest r-oriier of Merabeau Cen4ennial Properties, Inc. Parkway and AAansf~~ld Avenue (509) 9W-1 009
• Greak lacaiean fior corporatf~
or rrredical offices '
- Ftestaurant Iocation available
• Ownev to provide tenant
improvement aIlowance af
~20.40 per usabEe SF
-
` . [ er ~ter-inia[ Pr-K, c~i,ties
COMn~E~IAL
RAW1 REAl f STATE
~
-
~
P1necfo'~~ ~~~~~~~s Park
12310-12825 E Mirabeau Parkway
~
I
pi"cmft
Is efue lnhmd 1~orthvim.rs, _
~w b=We" -
stompum odlerin11 "wc46
to a hurdESV. and a soemia
aah" onweownent
fitr halp roar 11 - re~
prmspw-
Mastrr P'Lm prowl"a
spacae pmftssknW { . i
~d pret~~
~ ignififtmcmbwa
7'M oJi[a frm amprrb
- -
a I "XWtM6" acceso
wA#!s id" proxbmity to
dawsbpwer Spaiemmmfi
~kana, 1,000 - 20,01,00 SF Fvr Lease
•n'M,°n''4wo «h"" Build-to-Suit Opportunities Available
Tb• s&SVrlr w.+e Ptnecr±oft
~ Arem imd Rates starting a~t $°12.[MCI1SF N'F1l+~
two stara DAlrobwou P*Jwt I
Pf1* border'!#e busie~ws. L~catLt]n C4ntac'C i
campum. wmch ue$ neYt P+necroft BuStness Park P'inecraft Business F'ark
to xt~~ Spokmw Ittwer and 12310 -12825 E fNorabeau Parkway Jarnie Mlller
Spokane Va19ey. WA 99216 Phone_ (5{]9) 927-74(]0
Fax; (509) 927-5989
• Professionalfy developeti www PQne-t:rcifiBusinessParkxom
campus-iiike setting with
i
on-site tnanagernent ~
• MulUple fiber-optic provirJefs
for r'eMiable and affor~abie ?qnecroft
$e{"UrICeS 6L"FIl+;A.- FA R
- 3hree coravenient 1-91a
fr~eway accesses
• ~~autiful lan+~scaping
- LJp to six car parks per
1,400 SF ~
• Ceniral ICrcatir]n
. 20 minuxes tD Spokane
in[emationaI,Airpnr+,
~
I ~
'~are h c~u selD ~ ~s#r! ~b r~~#~~n/Office ~
1017 N. Bfadiey Road
~
~hi1s ~ ~ers
r~ ~~e~naGl 1~
with exueJlamt trwi
&oeAmzihFitV. I.acated
ewo bf"ka iFevww F-90
on1a* romp with czew
' T ~ rrl~~► ~a~ h90. i
i
Pord~n of e ondtf-tonaIt
- fgUM" tkm! OOMPR44444
- 3.,6
XQNMNIk
CAHMIY 1 -2. U9~
~ For Sale nr Lease F44OWCAN Expen.ow
53,000 sF Mlul#i-Tenant Building *&t6%wfwd se I
.22 Sffmo
Lacation Contact
1017 N Braciley Road C yrd Rea1 Estale Croup
Spokane. Was#tington 101 W. CakaMdo Ave., Suile 210
Spokane, WA 99201
• 37,168 SF availak►1e tor lease Doug Byrd ❑r Vem Byrd
- Lease price: $1 5,45(7 Phone: (509)32"080
per month, NNN Fax: (509) 326-3685
• Warehcsuse=
_37 SF?rrroi9VhlN
R
e~l ~:~siair Gr,OuP I_L- iti.
• (]ffic,e: ,BCIfSFfmoJNNN VrOIT4
SaIe ,~6'I~CIB; $i„850,'~0'Q I
c ~F~ 1Pv+e 1
G ~ 4FI~'A'~ I
~
-
E!GST4.DOA&,
v.
~ J
8
E ~F'7JC.5ti4'7 ~IE 1
i
.
• S; _ - ~ _ - . , -
~
~
►
~
~ Affordable Living.
Lifestyle.
Quality _
-
.
ommute ti~~~es -
Short c
* Productive work force ~
o Worlcl cIass recreation
~
~
~
OL
l
~
. .l" ~T ii ' _ • '
. W~~
,
-
~
~
-
i
i,
~ - ~
i ,
-
I
-
~
- _ - - ~ ~ ~
High inValue...
Low i n Rent!
OfTenng the bro;~de,5t ar-ry of fbf lease ar:d Jie I&vr
cost of doing bvsiness, 6cr-attng an Spvkaere ,ancl7he Park wifa enhan[e your r-ornpany's bottorr~ fyne,
Hori-&- to over I -10 companies
ir,ffi~e -and retaii space avaiiable Y ind fi,OW empfoyf--es
Exy acrp-ss xxo I-90 & SR 290 Grade Level a°d Dor-k F-krgh Spare
~ Abundarst pcr.ver & water' suPPt/ i N ~ Rndundant fibp-r awVak'r1r
p
i - "
~ - -
i ~
F
Up to 37 dear iaeight,s RaiI ser•,red by tJP & 8NSF
~ N Fi~--tr-ed Storage-YardS Sp~ce PCanning Assistainte
~ -
M On-5itm ManagementT~, MainteniviceTtam. ~ruoty
C-hild Care Fa614, P.em.il S,--rkrir--s,TrucV S-cale.i
~~~s from 1,250- I20'f000 s. rt.
~
~pokane Business & Indusuial Rarlc y ~
~ ~Jti~•=fu 1fm~;~ll'4;~'[~.'~4 ~~11 F~~.. ~ .
-p-
50,9.924.1720 i ~ - M
SPOKANE 8~~~~~~ ~ PARK
800.334.4131
. M
rvwtheark.biz
p
Prime Industrial/Commerci~l
Development Land
3707 ~ Su~~ivan Roaa
LOCA'TION:
Superb bmfwwbiaMetW - s
c~~voiopmsant f~ ca#d!d In ttnt TronRw"Dod "•r i. w ~
,krra ol' Rhe 5pohmw
V-atll+nv. 1ew ft. scruih - +
oi itkPr7AAn No" a&mg
0 - StA'Iiv1m ftowL ilL
5utJivm Road In !ie
~
4 '
y
Zi~t1~1?a~a ~ .
aC ~4tnRy~ 1~~ ~ ~r -w
TMn
~~CC.
$3.75 prBw a,q, ft.
~
Prime Industrial/C+anrrmercial Land
For Sale
L~~~~ion cantact
~ 3707 C►1. Sullivan Rd. Tne Rotihrock Company
' I Spokane Va11ey, 4+1dA Totld X. Rothrock
Rocky Ro#hrock
• Adjacent to Spokane Phone: (509) 535-6140
Business & IndtMrial Park Email_ lxrotitrock@qwest.net
i
~ 9_26 acres FC)R SALE
~ 7'wiD (2) separatie pa►cels
a! 4.63 Acres
~ • SA,LE PRICE:
$3,75 per square foot
~ 49> . ~
~ fT i~-_
~ RO 111 itt}( k _ ! A-;~~ f . . ~
~ CO., NA 1 N
iwiw
~ _ _ ~
It's # about
lJocationOO.,
Ilereare pusi ~3 ke44 feature,, ihat S1Jof_ir3c CaIgary
ii'ltt.n-lattur«J ,~J.rrW►n fya~ tr7 I Downtown
Spokane
~ ACcessible tocalioit Air orC
• Immerliate ateess ta I-40 a.nrl NiLJf~~v~y 2 Ex il 27t~, frnm 1 9ii TerF~inal
•Ac[eSs 10, 1 h+eregionalp05t affiee,arrfrerght,eatgaca(rie f 3,a ii ii~i u:,
•Orlly 6 minute5 tn Dowrtuwn 5psrkane rNaurarlts, shopplng, hanks, et-: rpora#e
• yaur corp~rate jrt, cha:~er plane, or priYate d Ir~a#t c1n bR i1~5tdl~tl~l AvIafion
r
atonsrble.
~ ~
I
iTen r~aJ~uT adrlines and thr+~e inteyf a r~d cargo carriets. E
Corryrn°rGnt I,cfc-acion Sealtle d.
Al~ ~ ~
-41nite your corporatc offKes, warehousiflg, rnan~ 3~rtur;n.:l
shlpping, at one la[,60n, Kalisp~ille
•CuStQFflefS ansi Corppfa6e eXK{JtlweSCal7 Vl lr:7 n+,l&,r xf,val gat? ~
tD kour faeility in less than 5 mrnu4h. -
• 5taWaMhe-dnk infrastructure and frbef nptics fnr drgitaP Td ftC5
• Economical land leaw ratesand devcloper skiPs available. Penland
~e t€acts are abn awa[1a61e.
Securc Location
Boim
•Poflce, f1re, EMTs a nd futl mainleiiance cieur protnct facilities,
*Nedfth21C091YP(Lc!Ilt oa•~ifF f!+!i rfllp.%, Lll
~
~ Y y''` - ~ ~
MOCL-AAM G=' -Ad
- - - ~
~ - = _ -
- _ -
l
Entrepreneunal Center _ Bu9lding 1200
.I i r v1 A
'lfdrf~u,r,S:hr~ra4~~,+mirY~mwrru~cnnrrfbr€;Kw~:crt~p~u,r.a~, ~ .,r ~ .~r~: . P
~f _r.r''fi~t.~ f,~ t~tmmev~n'Jl~a~nint~IFr,mFr~~renJ,'n9~+r~v: Uktrr~vrri~y~at ~ w , ~ 6 ~
~I ~ r ~u.mrF th~ Gr,7~r ~rramTS ~NK-..rflfrt!~rrrtmrr `m?~-rn, Rir fori~rk~es
m~ r~wr,~ ratnur, t~r:m, ;eid,r~orcfiv4rN'~' ~ I
A~lncno~ ~IG~.~l~
'At f!'TkL iotC om^17d 4"k S,Pdkc7N'[:IliWl t3e1`'U1R"-+ H'J}k .71+P "fx ~ -
~ ~i'r dg IN7~'Vfi~uqg qTh!~SIRC3fI~C'~i{'1'if9~'11rY'i:~`ht^b11~lu19f~
, ~GL~;dt7 ~~m7 fi91f ~T ~},rttlt tFJFf~FI t~I~i'dl p!!d Y~'~,. ~C
dL
rr~smQ~~ase ~r;~r..An;ryn.irrpron~~r~~~r.:dri~,~tk~ Sp0kane IklXerI'1~tio~l ANrport
,~'~V J l ~ ± * i G LL ' e S t ~ s rwN:+"twy mFroi+f! W tmpeW vt1f A m I P L ~ l u * t L • 6 K 1 ; • + P A R K A N D F' k l T$- P I F. k, i1
rI7'N,Ed L 4WkMt vavvw.
spoka ncairporls, nel
15
~
Sunset Pointe Bu~iness Park
~ 1700 ~~~~h A~~~~~ly Road - At Sunset Hagh,~ay 4D
Su~nant Pointe provides
Lhe dt#Comi1?g #7Ce4""'VQ ~ ' - ~'•r ~ I
~ I -
~ with th4 a5viour
advatttngos o# Macatian
offmfif1+Q I'fAra#i15'11Of11
expeturo, high vfSMlTltV,
gooat~~m porklng '
anci moy arc&ssilaillty, - _ ~
Surtsst provides the
highosC in standards,
quailycsf materialssnd ~~ce ~~~ce Fo1~ Lease
a"i;p„''.r,t- P"rernier Class A Office Space
Enjayr tFes optemvm
In intevma[1an synte►tn
intrastru+clum wlth Location Contact
fiber opeic rAbring and Sunset Pointe Business Park G. Arger ComRariy Real Estate, fnc, ~
ne'twrorNk conneati+vity. 1700 South ,Ass~rn b9y Road Gregory Arger
Ad'vancocl compurtarized SpF4kane. WA Phone: (509) 926-5311
greg@argerco.ct~rn
(~aning ~1 ~[ir~~
systom~ aro di~igned Ur
Prestigious vIew propierty
• Innovatrve ma~edals and
desrgn t€:ehniques
• State-o#-'the-art Fnfae►nation
systern infrastructure
; - • Engineared for Ehe fulsare A~''►GERO ~
J + M
1 +i
' PFiASE 11 - 2100 Bulldli'`Ig
~ Now Ieasing, suit+~s up to 65,000 SF - w~~l dirvide.
Permit ready, Custorn des+gn yaur office space.
~ THE ROTH1'M.OCK COMPL-iNY
lngenuit_x
Integrity
C'LFr-EinierciiGl Re:tl Fstate Se:rvices • F'rop~iyy Mtsnagerm!nt • Project fk%u€opmi~w Cc)nsulting
~ir~it~~l ~a~c~1 ~tr~•~~~ IntCI'1iatEt1nal Paer I lrn,pcirts
`1'AB DsstrKbtition i]iaLia~iond F'acking Dir~cs Atitoraintivt: D,ist.
Fred h°1eyrr Socirtl secur~ty Admin. K+:yslc3~L~ Aulomotive
Prlkingtnn GIass SPiccwyn WillwaMnis officeNtax,
LaMoy f- uirriturr Ftrgusnn €:nterpn:wcs mlcpri.~ MrrUiS i
AVista C'orporation Univar Cor~)rieiion U.S. B.,nk
WHAT DO 7`HESF ~'iROU~~ HAVE I1V COMMON?
T~~ ~~ock C0171rpany.f
Since 1962, T~~ RoIhrock Cotttpany h~as SpeCialiZct.l in tenanT repretientation, site
selection, cotnmercial aiid industrial property 1easing, sales, rind proper#y rnanagerrxent.
A Full-serviee, licensed brokerage firm in Spokane,%V8Shington. uut firm 1ias conipleted
in excess nf $500 mitlion doljaes in prope€ty and building tran.sactions,
Rv~,:e+.nna] [anxlri7arks tikir i3r.Eii E1L.~ l~~~ed. de'~+:larj,IA oa= soai! encludc:
•ChinjiieN Rrick Iudusirkal Park • 7`hr Dm enpK,rt 1fiK,tcl
• Hampton Eitn o Coopcr Cie~iryc ~partme~tts
• 14r`tersoit 400 FJuiRdidyii, - `[°be Ac::demy
r Costcp • Karchci° M{s91
4 C3ank of Aii1crit:s Crcdit ~enter ~ ~..cty~~~at~an Shoppilt". Celiter
We welcome che opportxahity to work- with you to assist in fu2f'tIling
your property needs and requirerr,enis.
PJr. 509.535.6100 Fx. 50 S+.53i.4,~~8
Eiticrr'd; arorhrock@qwest.rred
~x - - - ~I
~
-
F Witllaec „R'mkYknthrnck, PresidLrii l'codd X. RciriieoLk, Vf°;F#r4:bkut
5501 E. I3roadway ,Ave., Spokane Washington 99212
17
~
A
~
D~e~~ ~I~Lk h.^urk PiR+~h
CEC) Pfu srde rzt
_ COIVIMERC114L REAL ES'rArt'E
- We ar~~ the 1~rgest full-serrice comrx~~~~i-ii - '
br~~~~age and pro,per-ty rrranagement
~
J GraFs~ rler5cn com,~]~r7 !#~i t~?~' Il?laI7+~ }'V~+~'i~~i W'est. Je~ .hQnr~~rb
f ~
w ~
~ Mark McLee~
Mosr,ti 5wer:s-rpI jutTf&Gouttart Jaon t?rcutt F-arl En, _
-
-
An;~~ ~cbr. £coi! f'ap!~on Ftjirvty Fcs.-soao Raekdy Jawnur+ Mariw Dauis
111dus~'r'at Off+--??V% €rfar? Raiaal dr~#i;si~~f~~?rnr~?~SPrrt~r~!
r^4:~n X4y1,r1. Garlo ,f00SOR 1311t p-1dq0s,[:..r Cnaciry B.artlelt VrrgaJ Emery
Re1ait ~~~ar! fr~ve~f'rr~C lryvest;rn!~~t
~
N
Ad~
7am H aw1 Ko66k Grdy cfsri:siqstws Bell l~aron Lzl~.F ~~Fui~L~~arN lk+yakus II
~ntei :tai! ~ina' ~n~~trr~.s~,d[.$asfrw,~ ~r~u~~~►n~aa~~,~;~3rc~~ tr,~^crstrrArrs;~~~~;~rr~
~`o+~rerf~r! Peop/e.. . Powerful Results"
"
.
~~e ~ ~ ~ . ~ i ~ . ~
~
i
~
DowERs COhfi~E'RCIAL 5~~(-IAU71NG IN
~'~~~~1"~~T"~Ta~C~J
fa,~? ~}±L '~STA.T"~ ROU~'',, l~,1c, TE~J~►.~1T` RE
~~~~~~~~IONS
Vowser~ Corramarciijrl - -
A'e+i# E3t.8rte QrDUp:
1s a totaIly cliraftt - " 1
di'iVeFf CoR4pany.
F ~
Tlork31 In partniDrsflip
vwifh our c[ient ta find
roal es#at;e soiutirns
that cantribu#e ta. the proffLabili#y arkd - -
sucoess +df yoler -
campan y.
selattairtshwp
o~ier~~ad, ~~dt
s* sa~~F~rr~-arf~t~d. 1n pa~rtrrersJ~Jp w~ith or~r cllents, ~De~~re~ Ct~mme~ia! R~,~ ,~sta~te 4r+~u~r
~ prrovldes flexibfility to meet your needs - focusing an yoursuccess.
is flexFble in vur
Esttrl qi' in4otvamen# t h1eedS as5e55R1(3[1t_
and in the profec#
- Market researc}~, de~refo~ring ap~ions.
~r~~e~s, ~~r~f~rn#sing
aur sor,ricer to saclh • ~~~lLiationlcornparast3n of prosper-tive sites.
clieal7. s nemd& + ! rVp1.h7Cll sl. o11dl.9Llol i Vq fd pl 1alyspsl. .
~
Enjoys strong • Lease antl cortkract negotafions.
~ celationships ti,rith ~ Project rrcanagemeni,
ostional co-b+raRer
netwaHcs.
1
_ i
.
I
Dqwer~ ~orT1rnt-rcicil
R@x71 E5t3#B Gl'olJp, IflG
I ~ -
4 21 IN RNedSide A118. Ste. 104,
~I ~pokaqe, WA 9920'
Phone: (509) 536-385'
Fauc: (509) 532-0627
wruw.dowefsgroup.ccx^a7
19
~
Rock Point~ Corporate Center
1212 N. Washington S#. 316 W. Boone Ave.
1330 N.Washington 1373 N. Atlentic St. ~
~int*
Colporat~ c4mt e.
is coeVr~ aod o r 6our
fia11Y1dfinige, tat~l~l~ttiq _ - -
S159,0"
P.`..
of ngS l~ ~tfieL~ .
spi.t4 a#1d ii
five b#ock;s n-ar'th +st
$Pakwnsr'* eeaneral - - - _ ~
busin"a d3itifie~ (CSOI.
Thae lmiquo vowtata~ M _ bsLifding desigo,
~
biaSds Qaf ro1lecl~vcl ~ ` ~
i
gLaa4s aflOYf1f fGr
M'ieWt# I1R alf dtFf►Ct iCrns.~
J NUf4&POS1!11 #1laittlng5 ~ ~ffice Space For LQase
nnd ltowe.b"a, a-& L+ocated Five Blocks Noorth Of Spakane'r,
wo:l a~ ~o mon• " Central Busir~~ess F~istrict
~dt t~uate,rFaW~p t,,
i~ars~~:r~t~►~ rn~~ Loca~tivn ~Ccsntact
~ise fsnd~c~~ 1212 N. °~~'ashs~agt~ar~ Sfir~;~eC 'V~' Ir~vestments
316W, Boone Avenu+e 1330 N. Washrngtan, Ste. 3700
All ofi ehe bu"rnw ~ 1330 N. Wa.shtngtan Stree[ Spakane, WA 99201
~ at Rovk Potnto lrature 1313 N. AtGantic Street HoIIy Pagel
D daraa+mtic,a6ly do-signees Spokane, WA 99241 Phone= (509) 325-8432
I ~y hoghlfgt~te4 by Fax: (509) 325-3285
a soothirtg water • Cent.rally Iocated hoIly@rackpt.com
(eaRurs. An wlEkenCivlt ~ . CC}I1fefel1ce f`oomS
I ~hauaer ~ t~fi~' ~t~r~s s c~e
quniity amd satis+Act~~~ - Exeecase facility
b.taTe, duri" and A.0 • On-site management
enuro4et. ~ • OI1-sike deli -
~ - Building standard
lenant improvernents
i • Free parking
- Fuli service
~
i
27 11 N MoIter F~~ra~!
F~
L~berty Lake
Foerm+erTelect Headquarter Facflity
I Preinier CIassA OfficeIFi&DjM~nufacturing
-
l Roadquartoe'a
_ aft*
~
.
~ : °~j~y , ~ ~ • t4ti14 Z3 enCtv46 ir#It
F- ~a~~e+e at Makw
ard ftnawAy and ICatp*
~ - 4 ".1li2 sr~ *IF Wb"
, t 14,.+42ti Sf is offive
spar~.
' Lacaftd 15 min~s 6xr~n
d 'ti* Cr~n4r~1 W~sa~
- ' . ~
R
- ~ ~ i ~s. 2 ~riies ts+e~t
aR 1dAfm amd 20 m►b"ma
-
T ~ ~m am Spokons
1w"rfieders" Airpawi.
Fo.r Lease ai-kd For Sale AmQlfid11s IAaIiMde
$12,OOf ,F l+r~~ tmmbg .aom•~
$21,004,000 _ 'odetm.le. 100% AC
tia^v49boue the fmcWtV.
Akddress Contact Rinmnv a#fto area o[
~ 111 N Mokter Road Brad Baldwin. CCpM &VVa9WwrMW#V'j90'+00O
Labe rty Lake, W,~ 99 a 19 Phone: (208) 818-2215 Sf h.m VAV NVAC.
Fax. (208) 762-9 11 8 ,~~~ide" eng6amejag
Email_ bbaadwin@cc6m.nex vi~rms taftA 14.574 SK
~ Divisiale lo 30.000 SF hatonlor attkm courtyatd
~ 198,103 totsl SF of space - wat* pend, cavwrzbW
offiee, R&D, & manufacturing skviqpb" Awd LW"
y~y~~+F ~ y~VIY~`N C C} R R G R A T~ F2 E4:L ES T+1'f E ~~E16m sA".M~ *1!d
* .~ILrt7
4,1 ~ hlr
A
~ O~?e~'I C~ffl~ con~}~t. , Ise~a~ ~ue~ert~I~
With Herman Milier , - u
Fumiture avaifable -
• Private afflc~es and ~
17 conference reoms =
• Parkeng: 861 spa~~
~
~ Ceilfng height
ma~~~acKuring area: 17 ft_ i
s` a 7 darks, two Irrad leveGers i
s
. _ _
• Zoned 1-2 Lighf lnduslnial
~
i
~ -
~ i
SpokaneT+eachers Credit Union
C+~rporate Office ~
.F. i'. .1 's`m'? + r ? . s
IaNW-optka UW
T-t raruke. - = Ih
ParkbiV "I aw parka - ~
~I
Wil1 d.ra#w i'ar r#ght I
t~rwalr~~. ~
LWntemodble power
i
providod ~R ~ a
po'iMsl'flYlilw UPS.
l4ft~ ~ la~ ~ ~ ! _T-..a: ~
aquipped wikiar a d1vaW
pvrr.wwd # AOii IiRowott
9emilreRvr.
For Lease
$10.25 NNN per square ft.
~ocation contact
1620 hiorth Signal Dtive Farr7linson Black Connmercaaf, Ine.
2~'l21 Ea~sk hAEssic~r~ Je#t McGougan
Liberty Labce, WA (509) 622-3576
~ mcgougan@'kblack.com
' I - 64,808 sqa,Mare ft.
~ • Numerous offices arrti
conference rooms
• Huge buHpen area
IT + Exc.E9fant space
~ for call center _
Previous Egghead
Saftware corporate ~
call c.enter - - -
~ lom-UNSCO-N - BLACK
#
~
22820 East Appieway { f
CalI Center Office Space AuaNlable
-
,
_ f ,yr~ . . ~
a Y rr ~ .
. ~
~
~ MC~.i„ ~rF•r ' ~,r
~ .
~ • Bt~nfnr~'~a~ ~~rnru ~a~+~s ~ - ~
For `ease
Great (?ffice Space Located
in Popular tiberty Lake Area
Address Contac#
22820 East Appleway SDS Reafty, Inc.
Liberlp Lake. WA, 99019 Steve Schmaulz
~509) 462-9305
steve@sdsreally.cam
~ Space currently serves
as a caMl center
- Easy 1-90 acc-ass
- SD577F
'tn 2000
f`h'I 1: `dR5 I.n. I. ,
• 176 on Skte paP`kIFIg
spaGeS w/6 hantllGap ~
spaces
• Cc~nGrefie tiit c~ar~str►~ctiot~
. (1) Grade Cevei OM door
• Lease_ $10_00 SFINNN
• 2004 property laxes - $18,251
~
i
~ commercial, - estate ad
POKANE
&VICINIT~
. ~
I
I.~,rry . ~
I a~ I~~ . . ~ . . . . . .
I
I -
i I . . . ~ " . . . ~ . - ,
I~ .
~
I 8 t7 r, . P 0 K A N E 4 -
-
-
~ Sp?.,r , ~ ~~~M STD
W& PO$TA!~E PAID
S"ICA1Nk 11WA.
P~R 9 1 OC#Lri
801 W. Riven"i►, Suke 302
Spokanck, MdA 99201
~
~I I
~
~
i
r~ CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 11, 2005 City Manager Sign-off:
Item: CheCk all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information X admin. report ❑ pending legislation
AGENDA ITEM TITLE: Update on Residential Motorcycle Track at 19025 East 4th Avenue
GOVERNING LEGISLATION: SVMC 7.05, SVMC 8.25.060, Interim Zoning Code
PREVIOUS COUNCIL ACTION TAKEN: Public Comment from .neighbors;'Information-only
memorandum from staff on September 27, 2005 addressing issue as it would apply to any
property in the City.
BACKGROUND: Neighbors of 19025 East 4°h Avenue brought to the Council's attention the fact
that owners of the subject property operate off-road motorcycles in their residential
neighborhood. The neighbors also conveyed how this impacts their ability to enjoy their
respective properties.
Staff has looked into this matter. Attached to this are two memoranda. The first is the
`---'memorandum staff provided to Council on September 27, 2005, which looked at the issue of off-
- road motorcycle riding in the City from a general standpoint. The second memorandum
analyzes more specifically the alleged violations occurring at 19025 East 4`" Avenue, including
an update of what the City is currently doing in response to the information brought forward to
date.
The Council will be asked a policy question as to whether off-road motorcycle activity is
- appropriate in (1) all zoning code designations in the City, (2) some zones, (3) or that it is not
appropriate in any zone. If the answer is no to the second or third question, then the staff would
bring forward a proposed change to the City's Interim Zoning Code.
OPTIONS: Wait for staff to finish investigating the alleged nuisance violation; request a
proposed amendmentto the Interim Zoning Code . ,
RECOMMENDED ACTION OR MOTION: N/A
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Cary Driskell, Deputy City Attorney; Mike Connelly, City Attorney
`f ATTACHMENTS: Memo dated 9-27-05; memo dated 10-5-05
a-rvc~
p:. `
o
s
k:ane -
4;.00 Wley
11707 E Sprague Ave Suice 106 ♦ Spokane Val(ey vJA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org
Memorandum
To: Dave 1V.icrc.i.Er., Ci_ty Manager
From: Mike Connelly, City Attorney; Cary Dri.skell, Deputy City Attorney
- CC: Nina Regor, Deputy City vlanager
Date: September 27, 2005
Re: Motorcycle tracks in the city limits
°l"he issue of whetlier a specific cnotorcyclc track is allowed on privale pzoperty was raised at the
City Council meeting on September 13, 2005 hy neighbors to a property near thc eastcrn border
of the City. Although the context of the question was in relation to one speci.fic pareel of
propert}~, this siniation is likcly to arise again. I,ejal scaf:E 11as provided this memorandum
addressing the broader question of Nvhat the City can do to deal with off-road motorcycle activity
in the City. -
ISSUL+' - Can the City regtilate die eYistEnce of off-raad motorcycle courses within the city
limits7 lf yes, what mcchanisms arc available for doing so?
SHORT AniSWER - The City has autharity under its general police powers to regulate, or
. prohibit such activity ~%dttiui the Ciry's corporatc lirnits. Various mechanisms eurrently exist for
doing so, for e:cample the City's nuisance provisions under SVV1C 7.05 may prohibit such
activity, and the City's crinunal code provisions tuider SVV1C 8.2*5 may impose criminal
penalties under specific circumstauces. Ottler additional means could be aciopted by the City, .
such as Listing off-road uiotorcycle riding as a prohibitcd use under same or all zoning
classifications ui the City. lt is not clexr Nvhether a violation of existing code provisions is
present. Specific and detailed evideuce -will need to be collected prior to tak-ing any enforcement
action. r1 revision to the Ynterim Goning Codc could be initiatecl immediately. Lastly; a civil suit
eould be :filed by the neighbors under 'ci Cdlllll]OIl Iaw 11111Sc1I]C0 ihEOT'y.
ANAi.,YSiS - Tlie Cit), currentlv has at least rivo regtilatory mcchanisms for acidressina noise
issues resulting from the operation qf off-road motorcycles i.n the city liinits. A. tVrrisance Code - The City adopted SVMC 7.05, entitled "Nuisances". -
`Nluisance" means the unreasonable car unlawful use by a person, or real or personal property, or
the unreas4nable, indecent or unla,.ti-ful personal conduct which materially interferes with or
jeopardizes the healtli, safety; prosperiry, quiet enjAyment oF property or welfare of others, "
-l-
offends couunon decency or public inorality, er obstructs or interferes w7th the free use of public
ways, places or bodies of Nvater." SVMC 7.05.020. Among the listcd prohibited ntusances are
ones resulting from noise. SVMC 7.05.040(0) inc]udes:
1. Any noise or sound that iutrudes into the property of another pcrson
tllat ercccds the maxuntun permissible noise levels as established i_n WAC 173-
60-040, as cunently adopted and hereafter amended.
2. The f'requent, repetitive or continuous sounding of any horn or siren
attached to a motor vehicle, except as awarning of dangEr or as specifically
permitled by law.
3. 'I'he creation of frequent, repetitive or continuous sounds in connection
with the starting, operation, repair, rebuilding or testing of auy motor vehicle,
motorc:ycle, off-highway velucle or internal combustion engine within a
residential zone, so as tp unreasonably discurb or interfere with the peace and
eomfart of oAmer or possessors of real propcrty.
4. I he noise operatinn of any automobile, truck, motorcycle or nther
velucle in such a non-emergeiicy manner to cause tlie squealing vf tires by the .
rapid acceleration nf the velucle; the louci and continuous grinclina, thumpuig or
. p-ading noises froni trucks or other commercial vehiclcs; the engine compression
noise From the uncnufflcd or poorly muffled compression brakin; of trucks; the
s4und ftom any motor vehicle audio sound system such as tape playcrs, radios,
and compact disc players at volunles so as to be audible greater than 50 1'eet from
the vehicle itself; and loud, excessive engine or exhaust noise from unmuffled
vehicles or vetucles operati.ng Nvitli inadequate muffler systems to Prevent
unreasonably loud noises.
As can be seen, thcre are several ways the City can determinc if a noise violation of the
nuisance code has occurred which tivoulci provide the basis for a civil violation. If operation af
the motorcycle track results in the volume of noise at agiven time, as measured by a decibel
meter, eaceeding 55 deciUels, then a violaCian exists. Alternatively, a violatioiz can occur even if
the motnrcycle activity (or ariy activity for that matter) is below 55 decibels, i£ the noise fits
within the definition of subseclian 3, above. 1f the noise is f.i-equent; repetitive or continuous in connectian vvith operating a matorcycle, so tis lo cuireasonably dist.urb or interfere ►vit/e dle
pettce and romfort of an otivner or possessor of real property, then this provides a second means
of violation the nuisance provisions.
AlternativEly, the Ciry could filE a civil action in Spakane County Superiqr Court for an
injunction to preclude conduct that rises fn the level of a chronic nuisance violation, pursuant to
SVViC 7.05.030. •
A Crafriinal Cntle - The City adopted SVMC 8.25.060. 1t states as folloNvs:
-2-
1. It is unlawful fnr any person to make, continuc, cause to be uiade, ~
or to allaw to oriainate from real property in the possession of said person, in ,
private rights of way, or in public rights of way, any sound which creates a noise
disturbance.
2. Fnr the purposes of this section, the following sounds are declared
to be noisc disturbanees: A. Soiuids created by use of a radio, television set, musical
instrument; sound amplifier or any other device capable of
proctucing or reproducing solmd, which emanatc frequently;
repetitively or continuously from any buildi.ng, slruchire or
property located within a residential area, and vAllCFI annoy or
disl«rb the peace, camfort or repose of a rcasonable person of
nprn-ial scnsitivity;
B. Any other sound occurri.ng frequently, repetitively or
contiuuously which annoys or disturbs the peace, cnmfiort or
repose of a reasonablc person of normal scnsitivity. This seetion
shall not apply to noncorYUnercial public speaking and public
assembly activities cenducted on any public: space or public right-
of way for which a permit has been obtained. Adciilionally, ttus
section shall not apply to neises produced by dogs, which are
addressed in Qrdinance 03-056.
As can be seen in 8.25.060(A) and (B), this employs a standard of what would disturb the
peacc, comfort, and repose of a rea.sonablc person of narrnal scnsitivity: In applying this to a
motorcycle kracl:, a sound that emanates from a track in eontinuous operation cauld give rise to a
violation of 8.25.060, dcpenduig upon the circtunstances. There are several exemptions frocn the
criminal code that appear ta be related to the situation (SVV1C 8.25.060(3)(i) and (Y), but they do
not apply. Subtection "i" oiily applied to rnotor vehicles on roadways, and "x"• cioes not apply in
residential areas.
The cited provisions in SVMC 8.25.060 may preclude the type oFaetivity at issue in this
matter. C. Zoiiing catnPliirir.ce - The City adopteci Spokane County's Zoning Code as the
City's Interim 7oning Code. The subject properiy is Urban Rcsidentia13.5. The Interim Gonuin
Code eontains a list af prohibited activities in residential zones. One prolubited activity is
operation a"race track", Unfortunately, "race track" is not defined vvitlun the 7oning Code. The
information the City bas is tliat the subject prApcrty is not uCilir.,ed for racing. Instead, the
primary activity is using jumps. As such, it is the opiiuon of this office, as well as Community
L7cvelopment 17irector Marina Sukup, that the activit}, currently occurrina would not be
considered as ope.rating a"race track.."
-3-
Urider the City's Interim 7oning Code, operating a inotorcycle on private property in a
residential zone is not a liseed prolubitecl activity. The City may want co consider amending the
Interun Zoning Code to specifically prcclude any recreational or commercial operation of off-
road uiotorcycles on private prUperty in the City as a wh41e or in specific zones, such as
residEntial areas.
If the City chooses tn aiiiend the l,nteriui Zoning Code in tlus manner, the City would want to
include a phase-ui period of between 6-12 montlis to allow prAperty owners sufricient time to
find an alternativc to being able to use the property right the City would be eliminating.
D. Civil laiv.suit by property owirer.s - Another alternative exists for the prnPerty
owners that does not involve the City. It is well eslablished in Washington law that one private
party can stic another private party (two neighbors) to force the stoppage of nuisatice activity.
Ihere was a series o.f four fauious cases in Washulgton relating ta nuisance, all involving Royal
Riblet and his wife, and the cement plant below it. 'fhat property is now ttle Arbor Crest Winery,
north of the Spokane kiver abave Plantes Ferry Park. In the f rst of thosE cases (ref•'erred to as
Riblet 1), the Supreme Court stated as follows:
The gencral legal principle to Ue inferred from court acl:ion in nuisancc cases
is that one landowncr will nol be pentutted to use his land ao un.reasonably as
_ to interfere tuireasonably with another landoNvncr's use and enjoymeiit of his
land. The cnix of the matter aPpears to be reasonableness. Adnuttedly; the
term is a tlcxible one. It has many shadcs and varieties of ineauing. Tn a
; nuis~icc case the fundamental 'uiquiry al~vays appears tn be N~~hether the use o~~
certain land can be cansidered as reasonable in relation to all the facts and
stirrounding circumstaiices. Application af the doctriiie of nuisance requires a
balancinb of ribhts, intcrests and convenience.
Riblet Spokane-P'ortland Cement Cv., 41 `Vn.2d 249 (1952). (Overruled on othcr ~-*rounds
rclated to length of statute of lunitations, not here applicable).
As such; a court would look at the facts presented to determine whetlier they givc rise to a
finding of a nuisauce or trespass violation, ehus warrajiring injunctive dndlor money daunages '
relief.
SIJM1!fNiARY - In relatipn ln the specific complaint the City recciveci, the City's codc
r•ompliance officers will interview the neighbors and view any videotape cvidence they possess.
If it appears to meet the requirements uecessary to establish aviolation of the City°s nuisance
provisions on noisc, the City will provide Mr. Rose wi[h vvritten notice thal it believes the
conduct to constitute a violatiou; and request that he voluntarily abate the activity immediately.
If'the activity continues, then the City could issue a Notice and Order that assesses a inonetary
peiialty and requires clean up of the propcrty. That deteiniination can be appealed to the City's
Hearing Exaininer, who will either upliold the dccision or not. If the HE upholds the City's
Notice and Orcier, then the property ok,,,ner has the right to appeal the HE's decision to Superior
~ J cnurt.
-4-
In the event tlus approach docs not work, and thc proper.ty owner continues an activity lhe City
has determined tn be a nuisance, t11e City wrould forNvard ttie in.formation supporting the
assessment of the Natice aud Qrder, as well as any documentation shoNving a continuing ref.usal
ta comply, to the County Prosecutor for ptirstiit of a criminal charge.
If the Council vvishes to pursue legislative change to the Interim Lon.iug Codc, staff' can begin
drafting such wnendments. If so, the CoLuicil sliould give staff' some clirection into whieh zones
would be affecied.
~
. ,
S
PO.Ka.ne
. ~
;OOValley
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 49206
509.921.1000 ♦ Fax: 509.921.10Q8 ♦ cityhalltflspokaneval(cy.org
Memorandum
To: Ciry Council; Davc Mercier, Cil•y Manager From: Mike Connelly, City Attorney; Cary Driskell, ]7eputy City Attorney .
CC: Nina Regor, Deputy City Manager .
Date: October 5, 2005 -
Re: Motorcycle tracks i.n the cit), limits - kOLLOW UF
The mernnrandum is a folloW up one to a tncmorandum provided to the Council on September
27, 2005.* It NNRll provide specific infonnation relating to complaints and infarmation uiadc by
neighbors ou Scptember 13, 2005. Some of the infnrniation provided on September 27 is also
incorporatcd into lhis memorandum.
' ISSYTE - Does the activity at 19025 East 4h Avenue constitute aviolakion of City Code?
SNQRT ANSWEK - The City .is attempting to collect additional data to be able to asccrtain if
this specific activity constitutes a violation af our existing nuisance and crinunal provisions. If
so, the City will move fonvaed with an appropriAte enforcement response. As an additional
consideration, the Council may want to considcr listing of_~ road motorcycle riding as a
prohibiled use under some or all ion.iug classifications in the City. A revision to the hiterim
Zoning Code could bc initiated iminediately. •
ANALYSIS -'I"he City currently has at least two regulatory mechanisms for addressing noise issues resulting £rom the nperation of off-roaci motorcycles in the cily 1'units, the nlusance eode
and the criminal code. .
A. 1VlllSU/1CB Cade -'1'hc City adopted SVMC 7.05, entitled "Nuisances".
"Nluisance" means the unxeasonablc or LmlaxvCul use by a person, or real or personal property, or
the unreasonable, indecent or unla4vful personal concluct which materially interferes with or
jcopardizes the healtti, safety, prosperity, quiet enjoyment of property or welfare of others,
offend3 cominon deccncy or public morality, or obstructs or interferes with the free use of public
ways, places ar bodies of water." SVMC 7.05.020. Among the listed prohibited nuisances are
ones resulting from noise. 5VMC 7.05.040(0) includes: .
~J
-1-
1. - Any naise or sound ihat intrudcs into the property of another pcrson that
. eYCeecis the ma.Yimum permissible noise levels a.s established in WAC 173-60-
040, as currently adUpted aiid hereaFter amended.
3. 'lhe creatinn of fiequent, repetitive ar continuous sounds in conuection with
the starting, operation, repair, rcbuilding or testing of any motor velucle,
motorcycle, off-lughway vehicle or internal combustion enguie tivithin a
residential zane, so as to uni-E:asonablY disturb or interfere with ttie peace ancl
comfart of o~N.,rier or pnssessors of real Property.
f1s outlined previously, this provides sevei•al ways to detcrmine whet)1er a noise violation of the nuisaice cUde has occurred. If operation of the motorcyclc track results in the vnlumc of
nnise at a given time, as measiirecl by a decibel meter, exceeding 55 decibels, then a violation
exists. °lhe WAC provisions the City aclopted do recognize that a person can create a sound tliat
excecds 55 clccibels if it is of very short duration and uot repetitive. As such, it may Ue that the
operation of a inotorcycle c4iLrse peaks above the threshold of 55 decibels once or ri<<iee a day,
,,vhich may or may not consticutc a violation.
Alternatively, a vivlation can occ«r even if the mpforcycle activity (nr any activity for
that matter) is below 55 decibels, if the noisc fits within the defitution of subsection 3, above. Cf
the noise is fi-equent, rePetitive nr continuous in connec;tion rN-ith opcrating a motorcycle, so as to
unreasonably disturb or interfcrc with the peace and comfort of an Qwmer or possessor of eeal ,
property, tllen a violation can be found. %
13ased upon the language of "frequent, repetitive or continuous", the City staff has askcd
_ the complaining neighbors to d'ociunent the activity so the City can determine if this rises to the
level uf a nuisance violation. Once that iiLf.ormation is provided, then the City's c:odc
eiliorccment staff can make a dcterniination as to whetller a violacion has occiirred. Thc
neighbors responded with fl letter dated Sept4mber 28, 2005 in which lherc was resistance to
sueh an approach. Staff v%rill again cantact the complainants and further explain why this
particular course of action is being pursuecl.
B. Crituii:al Curle - Staff reconmlends not pursuing abatement through the City's
, Crinvnal Code at this tinie until other efforts at abatement; if appropriatc, have beeu attemptcd.
C 7ofring co`npliatice - As previously identified, the current City lnterim Goning
Code does not prohibit the operation of off-road motorcyclcs in the City un any zone. The City
may want to consider ainenciing the Interim %oning Code to sPecifically prcclude any
recrcational or com.mcrcial operation of off-roacl motorcycles on private property in the Ciry as a
wliole or in specific zones; such as residential areas. Such a listing cauld iaclude whether to
allow ttus activity as a conditional use, wluch would need to be specifically analy-r.eti and
allowed by Community Development Illirector. -2-
If the Cit}, chooses to amenci the .T.zlterim Loning Code in th.is manuer, the City would want to
J include a phase-in period of between 6-12 nlonths to allow praperty ovvners sui-icient time to
fuid an alternative to beiug ablc to use the proPerty right the City wrould be eli_iuinating.
SiJNl1!IARY - In relation to the specific complaint the City received, thc City's code
compliance officers will interview the neiglibors and view any videoCape evidence they possess.
If it appears to uieet thc reqlurements necessary to establish a violation nf the City's nuisance .
provisions on noise; the Cit), will provide iVlr. 1Zose with written notice that it believes the
conduct to constitutc a violatian, and request that he voluntarily abate the activity inunediately. '
If the activity coutuiues, thcn the City could issue a Notice and Ordcr that assesses a monetary
penalty and requires clean up of the property. That deternvnation can bc appealecl l4 the City's
Heari_ng Exacniner, who will either uphold the decision or not. If thc HE upholcis the City's
Notice and Order, then the property o,,vner bas tlie right to appeal the HE's decisinn to Superior
Court.
In the event this approach cioes not work, and the property awner continues an activity the City
has detennined to bE a nuisance; the Cily would forward the' information supporting ihe
assessment of the Noticc and Order, a.s well as any documentation showing a continuing ref'usal
to comply, to the County Prosecutor for pursuit o£a criininal charge.
If the Cauacil wishes to pursue legislative change to the Inter.im 7oning Code, staff can begin
drafting such amendinents. If so, the Council should give sta .ff. some direction into which zones
i- , wrould be a _ff.ected.
~i
-3-
0 CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 11, 2005 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business 0 public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Recent Petitions: Hearing Examiner°s Decision re: Ponderosa Ridge
Development GOVERNING LEGISLATION: RCW 36.70C
PREVIOUS COUNCIL ACTION TAKEN: None
BACKGROUND: Spokane County's Hearing Examiner recently approved the Ponderosa Ridge
Development located just south of the City of Spokane Valley. That matter was appealed to the
Superior Court and the City of Spokane Valley was named as a party. Subsequent to the filing
date a number of petitions have been received by the City of Spokane Valley. The attached
memorandum is an update on the status and pertinent issues.
OPTIONS: See attached memorandum.
RECOMMENDED ACTION OR MOTION: None BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Mike Connelly, City Attorney
ATTACHMENTS; memorandum, Decision of hearing Examiner, Correspondence from Hearing Examiner,
~ Land Use Appeal.
S~poKane .
..~oOValley 11707 E Sprarue Ave Suite 106 ♦ Spokane Valley WA 99206
509:921.1000 ♦ Fax: 549.921.1008 ♦ cityhall@spokanevalley.org
Memorandum rl9o: 1)ave Mercier, City t~l.anager, members of the Cify Council
Froin: Pylike Connelly, City Attorney
CC: -
Date: l 4-5-OS
Re: :E'ondcrosa Ridge Appeal
On the Sth day oi'August, 2005 the Spokaue County Hearing EYaminer issued a decisinn
approving the Application for the Prelimuiary Plat of Pondcrosa Ridge. This dECision
wa.s supplcuiented by correspoudence ITom the TIearing Fxaminer ou the 19th oFAugust,
2005. The property is located in Spokane County but adjacenl to the City of Spokane
VaIley. The site is approximatel_y 27 acres and contemplates the conslruction of 100
residential units. The adjacent propcrty, approximately 17 acres in owned by the
applicFUit and an application t'qr iEs development ha.s filed but not completed at tlus titne.
The cit), attoniey's office previously pruvided t,~vn memorandz concerning this topic to
the cotincil. The {-irst was dated August 16, 2005 aaid the secoiid dated august 30; 2005.
On the 29th day oFAubust, 2005, the Ponderosa hTeighborhood Assoeiation tiled itn
appeal of the hearing EYarniner's llecision i.n Superior Courf. Tbe Cify of Spokane
Valley was named as a respondenl. A hcariiig has been scheduled for the 14t1i of Oct.ober
to enter a scheduling order establishing the date thai the record must be submitted to the
, court, the brieling sclledule, a discovery schedule if nccessacy and a clate for a hearing on
tllE 1llerll.S. Since the time the matter bas heen filed a number of pEtitions have becn received by the
Cily. `Clie priuiary coriccriis are access to the proposed dcvclopment anci fire safcty. I am
attaclung the deeision by Mike Dcmpsey anci his eorresponcienee to these inemoranda.
The 5pecific parag-aphs addressing lhese issues are numbcrs 69, 116, 132; 134, 136, 139,
140-155 inclusive and 152. -
I am also attaclunb a copy of the Sununons and Yetition laleci.
At this time the City has appearecl but not takcn a posiCion eithcr in support of or in
. opposition to the petition.
SPOKA\F COUNTY FIEARTNG FXAi!-iI\TER
r ) . .
RE: Applicadon for the I1'reliminary Plat of ) Pnnderosa.Ridge, in the Low Density ) FI\TDI:NGS OF FACT,
R.esidential (LDR) Zone; ) CONCLUSIONS OF LA1V,
Applicant: Cazneron & Associates ) A1~,TD DECIS[ON
File i1o. PE-1940-04 ~
) .
I. SiJ]V.IMA.RY Ql+ DECTSION X-learing M3tter: Application for a preliminary plat, in the LDR znne.
Summary vfDecision: Approve preliminaryplat application, subject to conditions ofapproval. 1'he
prcliminvy plat tivitl eYpire on August 5, 2010, unless an application to request au extension of time is
submitted at least 30 days prior to the expiration date.
II. FTNDtNGS 4F FAGT
1. The application seeks apgroval of the preliminary plat ofPonderosa Ridge, to subdivide 27.7'acres
of land into 1001ots for singie-family dwellings, and three (3) com_mot2 open space tracts, in the Low
Density Residential (X.DR) zone.
2. The site is located at the southeast comer of the intersection of 44`h Avenue aod Scbafcr Branch
Road, in the yW of Section S, Towiiship 24 Ntorth, Range 44 ENVi\f, iu Spokane Counfy, Washingtori.
3. Thc site is c:urrently referenced as County Assessor's ta.x parceI no. 44052.9179, and is legally
described in the preliminary p[a[ applicatiaa 4. The applicant for the preliminaiyplat is Cameron & Associates, c/o C1itI'ord Camerati, 3419 N.
iNorthvie«+ Court, Spokane, WA 99208. The site owner is Lanzce JJouglass, 1402 E. Magncsium Drive,
Stiite 202, Spol:ane, WA 99207. .
Procedural histoiy of apnlication
5. E17ective June 1, 2004, the Counfy adopled a new County2oning Code, anci Phase 2 Developrnent
Regufations. The Phase 2 Uevelopment Reguiations reclassified the zoning of the site from the CJrUari .
Rc;sidential-7* (UR-7*) zone of the forEUer County 2oning Code to lhe Lo4v Uensity Resideutial (LpR)
zone of the new Co«nty Zaning Code. , . 6. On June 23, 2004, the applicaiit submitted an application for a prelimulary plat and a Planned Unil
Development (PUD) Qverlay zone, to dividc the site into 100 1ots for singie-family dwellings and 9.4 acre; of common open space. The application stated that it was submitfed under the UR-7 zone.
i. On July 22, 2004, the County Depai-tment of Bi2iiding and Planning advised the applicaat that Ehe
~ preliminary plat application was subject to the reVi;ed PLTD Overlay zone standards contai,ned in the riew
r EXHIBIT,-`•'~;.~`r.~.
HE Findings, Conclusions and Decision PE-1940-04 page
;
.r. -"'?.`w
Counry Zoning Code, and woutd bave ta be revised. The application was also subject co the LDR zone,
and oLher applicable provisions of the new Councy Zoning Code.
8. On April i l, 2005, the applicant submitced a reviscd prelimuiary plat m3p to divide the site into 100
lots for si~,ele-family dcvellings, in the LDR zone, wilhout a PLFD Overlay zaoe.
9. Ou May 24, 2005; the County Depariuient of Buiiding and Planning issued a Determination of
NonsigniCcaiice (DNS) for the revised proposal.
10. On )une 7, 2005, the Ponderosa Neighborhaod Association aiid the City of Spok-ane Valley filed
timely, separate appeals of the DNS ("SEl'A Appeals") with the Caunty Dcpartrnent of Building and
Planning. - 1 I. The Hearing Lxaminer conducted a pubtic hearing on the prapasal and SEPA appeals an June 4-9,
2005. The requirements for notice of public hearing tivere met. The Examiner visited the sife on June 5,
June 7 and Ju1y 29 of 2005.
12. The foltowing persons testified at the public hearing:
Tammy Jones Scott Engelhard
Department of Building and Plarming Division of Engineering and Roads
1026 VVest Broadtivay 1026 W. k3roactway Avcriue Spokane, WA 99260 Spo1:ane WA 99260 .
. . i
vficliae] 1ViwPhy Brian iMcGinn
Attomey at :Law , Attorney at Law .
300 Fast Pine Slreet 601 W. Riverside; Suite 1900 Seattle, WA 98122 Spokane, WA 99201.
Todd Whipple Jaave Jackrnan -
13218 E. Spra.gue Avenue 19307 E. Cataldo Avenue
Spokanc Valley, WA 99216-0844 Spokane Valley, IWA 99016
iMacina Sukup John Pederson
Ciry ofSpakane Valley Department of13uilding ancl Platuung
1] 707 E. Spragi2e Avenue 1026 W. Broadway Avenue , .
Spakanc Valley, WA 99206 Spakanc; WA 99260
C1ifP Cameron Larry llawes .
8419 N. Northview Court 725 W. Chelanflvenue
Spnkane, Wla 99208 Spokane, WA 99205 •
Robert Bemstein - R.ichard A. Velategui
507 13th Avenue East 9811 S. Spencer Lane
Scattle, ;zJA 981121 . Spok3ne Valiey, iVA 99106 .
BE I'ifidines, Conclusions arid Decision PE-194Q-04 Page 2
Ie is fi.erther ORD:C-RE1) ihat the seconci scntenee of Finding of Fact # 189 in the decision be
re«sed to state "The DNS was avaiiable the day afier thc npticc of hearing was provided."
The last day for appeal Af tlle Eaarniner's decisioii; as revised,-shall remaui August 29, 2005.
A copy of this Order was mailed to the applicant by c4rtificd mail, and by regular mail to other parties of record, on August S, 2005. DATED this 8'h day of August, 2005
S1'OKANE COUl\iTY I3EFIRIl'G EXANIINEK
. ~y~ ~
. Nlicbael C. Dernpsey, VVSBA #8235 '
Order Correcting Clcrical En-ors PE-1940-04 pagc 2
' Carl Cook Eberhardl Sclunidt 4612 S. Schafer Brand Road 3808 S. Sundo«~n Drive
Spokane Valley, YIA 99206 Spokanc Val.ley, WA 99206
Taiuce Coaperstein Chuck Hafner '
9716 E. 45th Avenue . 4710 S.* Waodruff lZoad
Spokane Valley, `'VA 99206 Spokane Valley, WA 99206
Richard Beluii Adriane P. Borgias 3626 S. Ridgeview I7rive 9326 E. Holrnan Road
Spokane V"alley, WA 99206 Spokane Valley, NVA 99206
Judy B elaus Ron pman
8803 E. 44`h Avenue 4337 S. F'arr Road
Spokane Valley, NVA 99206 • Spokane Valley, WA 99206 D3ve 01son . . Susan Wilcox
3808 E. 44th Avenue 4624 S. SchaCer Br3nch Road
Spokane VaIley, WA 99206 . - : Spokane Valley, WA 99246 . . . _ _ - •
Gaylc Stiltner Claudc We.lls 10119 E 44th Avenue PO Box 380 Spokane Valley, WA 99206-9299 Loon Lake, WA 99148-0380
Mich,iel Niisson ' 1402 E-M3gnesium Road Suitc 202
Sppk3ne, NVA 99217-7781
13. 7"he Hearing Examuier heard the proposal pursuant to the County Hearing Examiner Ordinance and
the Countf Hcaring Examiner Rules of ProcedLire. 1.tems in rccord
14. The f-Iearing Examiner talces notice of the Counry Comprehensive Plan, CapitalFacilities Plan,
Zoninb Cade, Phase 2 Developinent Regulafions, SubdivisiUn Ordinance, Crilical Are3s Ordinancc and maps, Guidelines for Stormwater Management, and 2001-Stancl3rds for Road and Setiver Construction;
Couaty Code; other applicable development regulations; azid prior land use decisions for the site an.d in the
area_ ,
15. The record includes the documents canfained in the County Department ofBuilding and Planriing
fiIc for the apptication at the tirne of the public hearing, the documents and testimony subnutted at the -
public liearing, the items taken notice of by the Hearing Examincr, and the County 1aN1Z Strcam Types mdp includeci by reference an the record by the Examiner at the public hearing. The Examiner reviewed
every docunlent in the record.
fIE Findings, C4nclu5ions and Decision PE-1940-04 Page 3
16. On the mornuig of June 10, 2005, the I-Iearing Examiner's office discovered four (4) unopened
letters fram neighboriug property o«ners regardiqg the prnposal at the County ma.ilroom, postmarked -~`between 7une 6 and Juzie 3, 2005. The Ecamirter's offce did not pick up niail at the County mail room on
June 3 and 9, 2005, because the Exaniner and his sfaff assistank were in public bearings all day and into
the evening }-,ours on each date. v1ai1 is delivered once each morning to the County maitroom.
17. Threc of ttie above-referenced lettcrs were opposed to the proposal, aud one letter was in favor. Sec
letters fiom Lyle and vTa.riue Kems, GVilliam and Iviary Farmley, Don I-Tendersau, and Syh~a Riddte. All
four letters are 10cluded in the record; because they are short, non-technical, raise similar points to those
discussed by the various partic.s of record at the public hearing, and couId likely have been added to the record during the piiblic hearing.
Description of site
18. . The; siCi: is approximatety 27.7 acres in size and undeveloped. A draw bisects the site in a nortti to
souch directiou, and contains a seasonal strearn with a cliacuiel width of approximately 8-10 inches. The toppgraphy of the site is hilly, with some slopcs raziging up to 30% in the northwest corner and south eod
of the property, aJici flatter slopes located in the easferly third of the propc,~rty. The site has an overall slope
from north fo south of approximafely 7%. T'b;, property sloPes down internally totva,rd the draw
' cantaining the seasonal stream at a moderately steep slope, on both the cast atid west sides.
19. The site is vegetated with pondcrosa pine trees, aspen trees, and a widc ranbe of shruUs, grasses and
plants. VegeLition on the site and the adjacent 17-acre parcel to the east is described iii detail in the
H3bilat Management I'lan submitted for the proposal ou October 4, 2004. A number of rock outcroppings
are found on the site. Ovei-head power lines crass portions of the site anrl adjacent properties.
Taescription_ofui'eliminatvplal
20. The preliminary plat map of record illustrates 100 i•csidential lots ranging from 6;000 square feet to
10,526 square f.eet i.n size, with an average lot size of approximately 6,7(}0 sqtiare feet The total comtnoti
open space in the preliminary plat is approtiimately 10.3 acres. Lot 7, Block 7 of i.bi; preli.minar-y plat is
not labeled as a"ti-act", like the othcr cornmou opeii space tracts iilustrated on t.t►e prelirninary plat map,
but is intendcd as cammnn open space. 21. The delisiry (net) af ihe prelimuiary plat is approximately 3.9 dwelling units per acre. The
, preliminary plat rnap indicates that the preliminary plat wauld be finalized in [wo phases, with the lots
located in the east portion of the preliminary plat tiualized fi.rsk '1'he percentage of comman open space in
the preliminary plat is appCOximaiely 37%. , 22. The preliminary plat would be seived internally hy a system of privAte raads. Thc preliminary plat
inap shows such roads as 30 feel wide, including 28 feet of asphalt paving and I-foot curbs, and abuited
by a5-foot wide concrete sidewalk on one side. TFie stub road referenced as "40 Avenue" shoulci
actua]!y be labeled "46`1' Lane", suice it is intended to be a private road.
23. 1"hE preliminary p!at r►map contain.s a tiotation "25 foot buffer for T}-pe 5 cIr2inagevv3y" adjacent to
the palh of the seaaonal scream through the site: The common open space tract that conlains, the seasonal
sfream in the ilort11 portion of the preliminary plat has a uniform width of 100 feet.
HE Findings, Conclusians and Decision - k'.E-1940-04 Page 4
Surroundine condifioris
~
24. The 6-acre parcel that divicles a portion of the site fram north to south is designated in the Riiral
Conservation cateaory of the Coroprehensive Plan, zoned Rural Conservation (R.C), and developed with a
single-family home. The KC zone permits a maximum residencial densiry (net) oF ane (1) dwclling unit .
per 20 acres, and requires a minimum lot size of 20 acres; exeept in a rural cliister cievelopment, where a maximum residential density (net) of one (1) dmelling unit per 10 acres is perrnitted, and a minimum lot
size of one (1) acre is required. •
25. The land lying easi and noriheasf of the site is located i.n the City of Spokane Valley, which was -
incorporated in 2003. The 17-acre parccl abuitin,, the site on the east is owned by the current site owner,
zoued Urban Residential-7* (UR-7*) by the Ciiy, and undeveloped. The UR-7* zone in the City permits
a masimum residential density (net) of six (6) dwelling units per acre 26, In Junc of 2004, the applicant siibmitted au appticalion f.or a preliminary plat and a T'UD Overlay zone to the City of Spokane Valley, to divide the 17-acre parcel a_butting the site on the east i.nto 791ots for
single-family d«jellings and approximately twro (2) acres of common open space, in the UR-7* Zone, iu
City File No. SU13-07-04/PU,D-04-04.. Such parcel_ borders 44'h Avenue for 220 feet, directly east of the
site; abuts the westeriy teiYninusof 45°i Avenue on thc east; and has a 60.foot wide finger that extends
east to Farr Road. A public hearing had not Ueen scheduled on such proposal at the time of tiie public
heaf ing held on the current praject.
27. The other land in the vicinity located to the east and northeast is zaned Urban Residential F~state
(UR-1) zone by the City; wvich zone permiLs a maximt2m densiry (net) of one (1) dwelling imit per acre,
and a minimum lot area of40,000 square fect. Such lanci is impraved with single-family homes on lats • .
one (1) acre in size or greater, except for the more urUan sized lots ly-iog cither directly northcast of the
site along 1..ocust and Farr Roads, or located northerly of Cirumaron Drive. .
28. Further to the north and east, closer to Dishman-Mica Road, the land is 7oncd Urban Residential-3.5 '
(UR-3.5) by the Cily, and generally consists of single-family hotues on more urban sized lots. The UR-
3.5 zone in the Cify permifs a maximum residencial ciensity (net) of 4.35 dwelling units per acre. Some ' eomuierci.al uses and zoning are found in the area along Dishman-Mica Raad, lietween :Bowdi,h Raaci aiid
'UniveisitylSchafer Roads. A church is localed along Schafer Road near its uitersection with I7is}unan-
Mica Raad.
29. The land tying north and narthwest of the site is designated in the Rural CoTiservation categoiy of the
Corr2yrehensiwe Plan, ss Loned .RC, ancl consists of uvdcveloped farmland and forestland on large acreage
: parcels. The Iand lying'souih and wc;st vf ttie sike is designated in the Rural Conservation categary of the
Coiuprehensive Plan, is zoned RC, and generally consists of smalIer acreaae parcels improved with
single-Camily hames or undevelopeci land. All such land is located ouwide the County Urban Growili Area
(UGA). .
30. Two poekets of unincorporated land located southeast of the site, along the south side of Holman
Road, ace designated in the Low Density Residerrtial cafegory of the Comprehensive Ptan, zoned LDR and -
developed with single-farnilyhomes. Further•to the soudi and southezist; the land is located outside the UG.A, desigua:ed ia the TZu;a: Conservatica category of thE Cornprehensive Ph-in and zoned kC; and .
~ consists of acreage parcels improved wiih single-famiiy homes or undeveloped land.
HE Findings, Cotlclusions and Decision .PE- i 9410-04 Page 5
31. On April 11, 2003, the J-iearing Exaininer approved the nreliminary pIaVPU-.D afytica View
Fstates, to subdivide 54.1 acres of Iand lacated approximately,l.3 miles cast of the site into 83 lofs for
single-family dweliings and 17,5 acres of com.mon open space; along with a PUD Overlay zone; in the
UR-3.5 zane. See decision inrile No. P.&l7=#6-44/PUDE-I-94.
32. The 54.1 acres included in the Mica View Fstates preliminary plat/PUTa are locaEed along the south
;ide of Ponderosa Drive, southwest of die ipifeisecfion of Bates Roa.d and Ponderosa Drive, and west of
and adjacent to the railroad line that e:xtends through the area. Such property is currently located outside
the UGA, designated Rural Conservation by the Counry Comprehensive Plan and zoned RC. The Mica
View Estates preliminary p1aVPUl7 is vested under the UR-3.5 zoning, zoniug code provisions wd other
- County devetopment reguIations in place in 1994; and has not received final plat approval. 33. On May 19, 2005, the Hearing Fxaminer, as hearing examiner pro tem for the Ciry of Spokane Valley, heard an application for a prelimulary plat, and a change of conditions to a prior rezone, to divide
2.9 acres of land located in the City of Spokane Valley, lying approximately onc (1) milc northeast of the
site, into 30 lots for divided duplexes, in flie Urbau Residential-12 (UR-12) zone. Such propertyis
located along the east sidc of Schafer Road, approaimately 340 feet sauLh of the inlersection of Dishman-
Mica Road and Schafer/LJniversity Road. No decision had been rendered on such nroposal, in City File
Nlo. ZE-46A-90/SUB-05-05, al the tirrtc af the public hcaring held on the current proposal.
34. Thc Iller Creek Consenration area is located apprQxim3tely.25 miles southwest of the site. Tlie
Dishman Hills Natural Area is iocaled approximalely 1.5 miles northwest of the site.
35. Ponderosa Elementary School is located approximately.5 miles northeast of the site, at the northe3st ~
cQrner of the intersection of Cimmaron llrive and Woodruff Road. A fire station operated by Caunty rire
District 8 is locatecl approximately 1.5 miles cast of the sice; at the southwest corner of the intersecti.on of
40' Avenue aud Bates .Koad. A railroacl line borders the south side ofDishmal-Mica Road in the area,
and expcriences occasional daily use. At-gracle crassings of the raih•oad tracks are localed along Schafer
Road anti Botvdish Road, south of Dishman-Mica Roacl. '
36. In 2002, a 12- foot wide, paved, at-grade railroad crossing was co«.structed approrimately 1.7 miles
east of the site, belwvecn Bates Roitd and laistunan-Mic3 Road, south of 47(h Avenue and nortn of 48'h Avenue, to provide aceess for Fire%rvergeiicy vehicles. Such crossing is gated and locked at both ends, .
and signed as a restricted railro3d crossing. Fire District 8 has a key for the locked gate, and is fiilly
authorized to access tlle road during em6rgcncy eanclitions and iraining purposes. Such access is ta be
used for fire,'emergency vehicle access, but coiild potentially be u.sed for emcrgency evacuation of the area
should other -access routes oul of the Ponderosa area become blocked or congestcd. . '
37. The County Ar[erial Road Plan ciesignales 44"' Avenue adjacent to the site as an Urban Collector .
Arterial. The Cily Arterial Road Plan designates 44°i Avenue, between the site and Schafer Road lo the
east, as an Urban Co]lector .4rterial; and as an IJrban Miiior Arterial behveen Schafer Road aud Sands Road further to the ea.st_ Thc City Arterial Roa.d Plan designates Sai2ds Road, behveen 44°1i Avenue and 13owdish Road, as an Urban Minor Arteriai; Schafer.Road a5 an I,7rbaii NlinorA.rierial; and I7ishman-
Nfica Itoad as an Urban 1'rincipal Arterial.
38. Schafer R.oad continues north of bishman-Mica Poad as University Road,which is designated by •
the Ciry Artzrial Road Plan as an Urban Principal Arterial. 7'he Ciiy Plrtei•ial Road Plan desigeiafes , J
HE Findings, Conelusions anci Decision PE-1940-04 Page 6
Bowciish Raad, north of Sands Road, as an Urban Minor Arierial. The i.nEersection of Dishman-Mica
Road arid Schafet/University Road, aud the intersection af Dishu7an-Mica .Road and Bowdish Road, are
~ signalized.
39. Schafer Branch Road is a narrow twa-laFie road wilh a gravel or light UitumFnous surface, while 44th
Avenue is a ftivo-lane paved roadwaywithout curbuig or sidewall:s. WoodruffRoad is a two-]ane paved
road without curb or sidetivalk. A slightly raiscd, 5-foot wide asphalt pedestriari pathway bQrders the
asphalt roaci surface on the west side of Woodruff Road, between 44ce Avenue and Cinum aron I7rive.
Schafer Branch Raad dead-ends a sbort distance souih of the siie, and 44a, Avenue dead-ends some
distance west of the site.
Issues raised bv neighboring propertY owners
40. A large number of neighboring property- owners expressed opposition to the project based on
, potential traffic safety and capaci[y impacis alang area roads, firelemergency access concerna, lot sizes,
housing density, potcntial drainage and grading impacts, irnpacts on wildlife, impacts on school capacity,
potential impacts oti cultural resources, geo-hazard and drainage impaets, fzailure to consider impacts from
the applicant's adjacent development to the east, and other concerns. A considerable volurne of written
informaEion was submitted by neighboring property o4vners regarding the potential impacts of the project.
A}7prqval CP1lGri3 ,
41. To be approved,. the preliminary plat must comply wilh applicable devclopcnent regulations; mak.e
~ appropriatc provision for the public hcalth, safety and general Naelfare; ina}:e appropriate provision Cor
npen spaces, drainage ways, skreets or raads, o[her public ways,, potable water supplies, lransit stops,
sanitary wasies, parks and recreation, playgrounds, schools and school grounds, critical areas, ~
fire/emergcncy access, siciewalks Cor ehildren who reach schao) by walking, and other relevant Caets and
pianaing features; aud serve Lhe public use and interest. See l2CW 53.17.110, County Subdivision
_ Qrdiriance and Counry Hcaring Fxaminer Ordinance. •
42. RCW 36.70B.030 and RCW 36.70B.040 providc that a comprehensive plan ancl development
regtilations adopted under GMA shall serve as the foundation for project review. Miere aspecw of
developme.nt are regul.ited Uy losai devetopment regulations, or in the absenee of applicabJe development
regulaiians are addresscd by a comprehensive plan, such regulaiions or plan are detei-minative of such
aspects oCctevelopment. lluring project revie«r, Lhe iocal government may not reexamine alternatives to or .
hear appeals regarding such items, except for issues of code inierpretation. This includes, at a minimum,
the ty}7e of']and use permitted on praperty, if the critei7a for their approval has been saiisred; the density
'oCresiderilial d'evelopmcnt in urban grawth areas; and [tie availabiliry and adequacy of pub]ic facililies
idenlified in a comprehensive plan, if the comprehensi'Ve pZan or developmenC regulations provide for
fund.ing ofsuch facilities as required by GeA. •
43. I.lnder Washington case law, where there is a conflict Uetween the policies of a comprehensive plan
adopted by a local govPrlunenl anci the zoning code or other development regulations adopted by the lac.al govern,-nertt, the 7oning code and deveIopment tebulafioiis are controlluig over ehe policies of a
comprehen;ive plan.
~
HE Findings, Conclusions and Iaecision PE-1940-04 Fage 7
44. Under Washingt4n ease law, "community displeasure", standing alone, carmot be the basis for
denying a larid use applieation. Ttie decision must be based on the criteria established by statute and local ~developmeiit regulations fpr cansideration of the appl'catioYi.
45. 'S'he LDR zone, which cunently applies to the site, is inteiided primarily for single-family and duglex
residenti.al deveiopment, at densities ranging frorn 1-6 dtivelling units per acre. The maximum residential ,
density (nLt) in the LDR zone is six (6) dwelling units per acre. The miziimunl lot area and the minimt2m
Jot 67ontage t'ar a siDgle-family residence in the 1.,DR zone, outside a PUD Overlay zone, are 5,000 square
feet and 50 feet, respectively. '1"he preliminary plat complies wich the develoPment standards of the LDR
zone.
46. The Staf#° Reporl sefs forth applicable pfllicies of the Coi»prehensive Plan. Policy UL.9.1 of the Comprehensive Plan rcconuneads that residential densitaes (net) in the Low Densiry Residendal categary
range from 1-6 dwelling units per acre. Policy ITL.9.2 recommends that die Counfy seek to achieve an
average residential density (net) in new clevelopmenk of at least four (4) dwelling units per acre, through a rnix of densilies and housing types. Poliey UL.8.1 rec4nunend.s that mixcd-uicome development be
provicied for in residential areas. The preliminary, plat, which has a dcnsiry (net) of 3.9 dwelling units per
acre, specifically implements such policies.
47. The density (net) of the preliminary plat, at 3.9 dwellings units per acre, is signiCcantly lower than
the density (net) of siY (6) ciwelling units pe,r acre permitted in the L17i7 zone; U«t is logical considering
, the criiical areas desibnated on the sile, and location of the site on the peripheiy of the UGA.
43. Policy LJL.5.4 of the Comprehensive Plan encourages the preserv3lian oC healdry, attractive native
vegetalion, where appropriate, during land developrnent; or the use of appropriatc nativc plant lnaterials ia
site laridscaping. Policy LTL.2.12. recommencis that the site character.istics of residential development,
includ'ung existing trees, be eriliaiiced and preserved through sensitive site pfanning taols. Policy UL.2.15
encourages die planting of street trees in resideutial suvctivisions.
49. Policy H.3.2 of die CUmprehensive Plan recomiiiends thal the County ensure Uhat the design ofinfill
developmcnt preserves the character of the neighborhoocl.
50. 1'olicies CF.6.3 and CF.7.2 of t}ie Couiprehensive Plan rccanirnenci that the Counry prohibit the
extension of water or sewer service to new developmenl [hat will degrade the level of sei-vice belo-w
minimi.im lcvel of secvice standards.
. 51. Policy.UL.7.10 of the Comprehen.sive Plan states thaC the•phasing of land development shall be
consistent tivitti the eskabli;hed levels oCservice Cor the provision of public facilities and services :vithin the UGA. l'oliey iJL,.7.12 of the Cnmprchensive Plan states khal new development wit:hin the UGA shall
connect to public sewer.
52. Tt1e Comprehensive Plan contains numerous policies protective of dcsignated critical areas, which
p4licies are specifically implemented through the Counry Crifical Areas Ordinance. Policy NE.24.2
recommends ihat develonrnenf proposals be designed to consider the refenlion and m3intenance of critical
fsh and wildlife habitat areas, and provide biafTers to proteet coITidors and water habitats.
~
,
HE Findungs, Conciusions and I7ccision PE-1940-04 Page 8
~ 53. Policie; NE.26.1 and NE.26.2 of the Comprehensive FPan state that the County should coordinate
l with the VJashington State Department of Fish and 1Wildlife in land use plannuig and management of fish
and wildlife resources; and strive to implement rneasur~s that contribute to the reGOVery andlor
management of priority ;pecies. Poficy.NE.26.4 slates tiat activities aUowed with~n designated wildIife
priority habitat should not compramisc: the habitat's quality or fiinction_
54. Policies UT .2.20 and T.4a.12 of the Comprehcnsive Plan encourage netv residentLO developments
to be arranged in a pattern of coanecting streefs and blocks, to allow people to get around easily by foot,
bicycle, bus or car. Cul-de-sacs ar other closed street systenis may be considered appropriate where
fopography or other physicallimitations make connecting syslems icnpractical, and under certain other
circumstances.' .
55. Policy UL.2. I 1 of the Comprehensive Plan pr.amotes the linkage of cievelopmenis with open space,
parks, nattiral areas and street connections.
56. policy T.4a9 of ihe Comprehensive Ylan states that adequate access to and cireulationwithin all
developn-ients shall be maintained for ernergency service and public transportation vehicles. Folicy T.6.2
of the Comprehensive Plan advocates safe and effectivc; traffic control or grade separation at railroad at-
grade crossings.
57. Policy T.3e.1 of the Comprehensive Plan recommencis that the transportalian netwark provide safe
ancl corivenient bicycle and wallcing access between housing, recreation, shopping, schools, conununity
facilities and mass fransit access points; and that obstruclions and conflicts with pedestrian and bicycle
~ niovement be minimized. .
58. Policy UL.2.14 of the Compreliensivc: Plan recommends tllat separ3ted sidewalks be requircd on
public roads developed iu uew resiciential subdivision;
59. Policy T.3c.4 of the Comprehensive Plan recommend,s that the County proniote hard surface wallcway Systems, including but not limited to, CORCPC;EC, asphalt and briek, as an alternative to sidcwalks
ttiat are separate frorn roads; if they fit in with ihe cliaracterislics of the neighborhood and private
rrlaintcnance is assured.
60. Palic;y T.4313 and Policy iJL,.2.21 af the Comprehensive Ylan encourage the development of local access roads that are curvilinear; narrow, or use other street ciesigns consisient with safety requirements,
' to cfiseouragz ttirough trafric in neighbarhood.s; wliere such de.;ign 6ts into the surrounding street systems
and aids in implemen[ing;pecific land use designs. 61. Policy T.4a.4 of the Comprehensive Plan recommends that privale roads be allowed inside , i-esidential developments as aprincipal mean; ofaccess, pi-ovicied adequate measures are in place to
assw•e safe lravel, emergcncy access and peruiancnt private maintenance. 62. Policy T.4a.2 of the Comprehensive Plan recommends that t.he capaeity of existing roads be
maximized fo reduce the need for new or expanded rdads, fhrough the use of signalization, irrtproved
~ signage and cther mmis.
i-iE Findings, Conclusions and Decision PE-1940-04 Page 9
63. Policy T.2.2 o#'the Comprehensive Plan reconimends that tran;portation improvements nveded to
sc;rve new development be in place at the 6me new development impacts occur, or that afinancial
comrnitment, consisten[ with the County's Capital Facilities Plaii, be made to comple:te the improvemeut
within sir (o) years, .
64. Policy T. 10.5 of'the Comprehensive Plan states that impact mikigatian fees and user-hased fee, shall
be considered as a source of funding for all frausportatio.n impr.ovements required because of new develbpm e.nt.
65. Policy 7'.10.6 states that iransportatian impact fees shall be based on cumtilative impacfs fram land
uses within a traffic basin, with a proportiociate share allocated based on a reasonable relationstup between
trips generated by any proposed Iand use and the irnprovements required.
66. Guidelines set fartb in ihe 2001 County Standards for Road and Sewer Construction ("CvuntyRaad
Sfanciarcis") recommend the provision of adequate vehicular and pedestrian access to all parcels af land,
minimizuig tluoligh traffic movemenis and excessive speeds on local aceess screets, logical street patterns,
minimiziclg vehicular and pedestrian-vehicular canflict poiots, considering traffic generalors in deaigning a
slreet systeni i.n a proposed development, prqhibiting direct residential lot access to Urban 1'rincipal 3nd
Urbati ~Ulinor Arterials, and consideralion of borclering arterial routes.
67. The County Road Standards require the constructioii of.curb a.nd sidewalk along the puUlic roaci fionta-ge of new developments within urban land use zones. The Counly Road Standarcis give [he County
Lngineer considerable discretion in selectirig the roadway sectian to be applied ui constructing uew roads ;
and improVirig eaisdng roacls, based on numerous factors, and in approving design deviations from the ~
Couuty Road Standards. See Seclians 1.08 and 3.03 of County Ro2d Staudards.
6$. The standards far eonstruction of private roads set forth in the County Rotid Standards require a
private road senjing 21 pr mqre lots to havc a paved width of 23 feet, and a minimtcm 10-foot wide
maintenance and iitility easement on both side; of the privale road; unless a desigci deviation is approved.
69. The County Road Standards require a subdivision that has the cumulative effect of creating a total
number of lots, parcels or tracts served by an access road equal ta or greater than SO lots in a setting -
where the hausiiig density ranges from 2- I 1 dwelling unics per acre; or equal to or greater than 301ots in a
set[ing where the housing density ran,cs from.25 to 1.99 dweIlitt, units per acre, to provide an additional
access road into the develoUrnent to seive Gre cPistrict vehicles. However, if thc local fire distrfct
concludes that fhe location anci layout of the development causes a conce.rn for s3fefy, tlie County Engineer
mdy, urider the County Roaci Standarcis, require an additional access road into the development, regardless of the setling or number of lots served by ai access road See 2001 County Raad Standards; Scction
1.03(8). .
70. The City of Spokane Vallcy has adopted the 2001 County Road Standards Uy reference. The County
and the City of Spokane Valley have each adopfed Level of Service "U" (LOS D) as Lhe minirnum
acceplable level of seivice for signalized road inler;ections, and adopted Level of Service "E" (LOS E) as the minimum acceptable level vf senice far un-sienalized intersections. . ~
. . ~ %
HE Findings, Conclusions and Decision PE-1940-04 Fage 10
.Priarity Wildiife Habitat
-
71. Counry Crilica] Areas maps illustrate elk and white-tailcd deer prioriry wildlife habitat on the site
and neighboring propertie;. . .
72. The County Critical Areas DiNR stream typcs map illustrates a Type 5seasonal streaui extending through the site, the 6-acre parcel that partialty separates the north and south portions of the site, and the
propertyIyung narth aiid south of the site. Such stream generally follows the pa[h of the Typc 5 stream
ilh2slrated on the preliminary plat map through the site. Tbe Counry llN'R strcam types map also shows
an unclassified stream in the south eud of the site, extending northwesterly Cronl die south border to the
Type 5 stream illustrated on the site.
73. On luly 19, 2004, the Wash.ingtan State Departtnent of Fish and Wildlife (1hrDPW) submitted a
lettcr to the County and the City af Spokane Valley, requesting that a habitat managemenC plan be
prcpared for the pretiminary plat/P UD applications submitted for the site and the adjacent land to the east,
WDF W requested that a muiirnum habiCat buiTer width of 100 feet be maintaincd on each side of the
scasona( streani running tbrough the sitc, any arcas containing aspen groves ojz the two properties bc
placed in a buffer that connects to the requcsted stream buffer, and the applicant lvre a cotisultant to conduct breeding bird surveys during the spring of 2005 using a o1et11adology approved by the WDFW.
VVDFW noted that the value of the iwo proPerties ta wildlife was enhanced by the area's close association
with the Iller Creek Conseivafion Area and the Dishmmi Hills Natural Area, and the existing riparian area
located adjacent to the seasonal stream on the site. . .
74. On October 4; 2004, the applicant's Nvildlife biologist, Larry Da4ves, submitted a Habitat
Manailement Plan for the preliminary plat proposais submitted for the site and the adjacent 17-a.cre parcel lo the east in 7tine of20Q4. The Plan rioted that the Counly's Fish and Wildlife Conservation Areas
database designate Riparian, Llrban Natural Open Space, Whice-tailed Deer and FIk priority wildlife
habitat on the properties; and advised that such 1labilats must be protected under tlie County's Critical
Ai'ms Ordinance. . ' 75. .The Habitat Management Plan found lhat no sprin,gs feed the seasonal slream on the site; the - channel fQr the seasonal stream disappears into the grotuld several yards (approximaiely 50 teet) soudi of
44°1i Avenue on the siie; wid no defned stream channel exists near 44'h Avenue on either side of the road,
although a culvert corunc:cts the north and south sidcs of 44°i A.venue in the aligninent of die seasanal .
: s Lrcam. 76. 7-he 1qabilat iVianagement Plan concluded that the scasonal stream on the site does not qualif}' i1S 1
Type S siream under the ftiterim Water Typing System adopted for forest praclices ursder N?J,aC 222-16- ,
031, becausc il does not physically connect by an aboveground channel system to a.DNR Type 1, 2, 3 or 4
Stream; and is thcrefore not rcgulated. 'I`he Plan also concIuded thaf Elk priority wildlife liabitat does not
exist on the site. ' 77. The I-Tabitac iytar,agement Plan requires that a 100- foot wide travcl corridor bc establisfieci for decr
and othei~ wildlif.e in the current prcliminary plat, centercd a.long the seasonal stream located on the site,
and extended t0 44°i Avenue; all lots in the greliininary plat be placed at least 50 feet from ttie scasonal
streair,; a"w ~ld;ide protection zone" be sel aside on a iarge iract of open space in the westerly h,vathirds of
the south portion af the sife; and a second wildli.fe travel camdor be estabIished that extends narthwesterly
HE Findings, Canclusions aiid Decision PE-] 940-04 ' Page I 1
tlvough thenarttiwest coiner of the preliminary plat, across ttie ridge above the seasonai stream draw, to
Schafer Bratich Road.
78. "f'the HaUitat Maiiagement Plan advised thst the proposed "«~ilcilile protection zane" tract oFopen
. space would protect the primary aspen habitat an the site, preserve other na6ve vegctation, and provide
daytime protective cover for wildlife seeking fo Lese the noreh put of the draw on the site during darkness.
The Habitat Management Plan stated that the hwo travel comdors wrould pravide both a"tugh" ar3d a
"low" corridor for deer and other wildlife; be linked to the wildlife liabitat located on the 6-acre parce] that
separates xpart of the n4rth and souch portions of the site, and on the "wildlife protection zone" tract ui the
preliminary plat; provide corniectivity to forested wilcllife conidors lacated off-site to the south and wcst; and provide important linkages for deer ihat choose to aecess water sources west and north of the site.
79. The .Habilat Management Plan requires that homeoNvners in the applicant's hwo proposals manage
. noxious ureetis as required by the County and City, residents restrain free-ranging pets, dirt Uikes and a11-
terrlin vehicles be prohibited off access roads, any dislurbed open sPace areas be re-seecied with native
vegetation as pre-scribed by a qualified biologist, and measures for wilcllife babitat protcction Ue enforced
through fonn3tion of a homeowners associalion ' The Plan requires thal such measures, and other requued
elements of the Habitat Management Plan, be inetuded in the cieclaration of protective covenants adopted
for the Gnal plau. -
80. The :Eqalaitat Vlanagement Plau recommendcd voluntary measures for future bomeowners to take in
implementing inclividual siYe plaris that Preserve 3nd enliance wildlife oti their lots. Tltis includes building
• homes close to the access ro3ds in the applicant's projects, minimizing the falling of kreea, preserve
imporCani bird habitat, minunizing site ciisturbance Ueyond a manicured yard, landscape to avoid
huma,n/animal conflicts and enhance wild[ife habitat, participating in W.DFW's wildlife sanctuary
progratn, not build fences, and retaining an undeveloped habitat buller of native vegetation- along the
backs ofloLS bordering the cfraNv on the site. .
81. The Habital Management Plan acknowledged thal it would eliminate part of the home range of the
resident deer populakion, and that resiclent deer would have to adjust their hoine range so that more of it
lies in adjacent forested land located to the west outside the UGA; Uut ihat the Plan tvould implcment the
goals of the State GroNvth Ntanagement Act, by accommodating itlcreaseci housuig density while .
preserving green space and wildlife corridois itiside the UG.A. .
82. On October 8, 2004, the County Dcpartment of Building and Plaiming provicied a copy of the
Habitat•Ivlanagemenl Alan to the 4VD17W, anci advised WDFW that it had until October 22, 2004 to
conimcnt on die Plan. 83. On Oclober 27, 2004, the WDFW responded ta the t-Iabitat Managzment Plaii; advising that the
Uuffer propased adjacent to th'e seasonal stream on the site «+as still not wide enough far habitat prc~tectioii,
, reiteraking its request that a Ureeding bird survey be coiIducted, requesting that the Plan consider impacts
from the storr~iwater plan for the proposals, ack-nowlcd,P,ing that the open space itl the southwest corncr of
the propasal would provide some proiection for wildlifE and preservation of migration corridors, and
expressing concern that inadequate measures were proposed to protect the riparian area abutting the seasonal stream.
HE Findings, Conclusians and Decision PE-1940-04 Pagc 12
34. At tl;e luae S, 2005 public hearing on the proposal, the Ciry of Spokane Valley, i.n support of iks _
SEPA appcal, subiniftcd a copy of a letter dated February 11, 2005 from 1.~'.QFW to Tammy Jaties of the
County Department of Bu1ildin3 and Plan,-ung, regarding the Habitat Management Plan for the current
proposal. The letter indicafed that copies were sent to the City, the I-Iearing Exanuner and others. Both
Tamury Jones and the Exaniiner stated at the pubJic hearing that they had nat previously 5een the Ietter,
which was not part of the project file before the public hearing.
85. The letter dated February 11, 2005 from WDFW conteilderd that the Wabitat ylanagement Plan did
nol fulIy consider the recommendations contained in the "WDFW Managemenf Rccommendations for
Washington's 1'riority Habitals: Riparian", which recommend a 150-foot wide buffer for a T~ypc 4 stream.
This appears to mean a 1 SO-foot wide buff'er on each side of che water bndy. The letter ialplied that the
seasonal stream on the site was a Type 4 stre3m; and recoiruncnded that the buffer width alang the
seasonal streacn bc increased to 100 feet on each side of the stream, all the aspen stands located withiti
such buffer Ue preserveti on the site, and the Caunty negotiate with the applicant ta reta.in the enhanced
buffer area under a conservation easement
86. On April 11, 2005, the applicant submitted ttie revisetl preliminary plat map for the proposal; which
increased the amnunt of comrnon open space from 9.4 acres in the original preliminary plat to 10.3 acres,
and revised the ciimensions of the open-spacc tracts and the laeation of lots in the preliniinaiy plat. The
revisions inclucied the provision of a uniforrn 100-Coot wide open space tract for the seasonal stream in the
north portion of the propasal; and a 225-foot wide coimecfion lo Schafer Braiich Rodd for the large open
space tract located in the south porcion of the preliminary plat. '
~ l 87. At the June 8, 2005 public hm-ing on the propasal, the City of Spokane Valley also submiiteci a
letter dated June 7, 2005 from WDFW to the Ci.ty, «lith a cQpy indicated to Tammy 1ones of the Colmry
Departznent of 13uilciing and Planning. The letter referenced the current proposal; and also referenceti aa
unrelated prelirninary plat proposal ]mown as Nanderosa Eslales Nortti (Cily File Na. RFZ-23-04/SUB-
15-04), which proposal cioes uot invohJe the site nwner and applicant for the clurent proposal. The
Ponderosa Estafes Nlorth proposal; suUiliitted to the Ciry in 2004, proposes the clevelopment of48 single-
family dwellings an land 1}irlg approxiniately ane (1) rnilc nartheast of the sife, at the intersection of
Woodruff Raad arici 361 h Avenue. 88. WDF1V, in its June 7, 2005 leller to thc City of Spokane Valley, comrnented that.t}1e seasonal
sti-eacii on the,site originated offBro«ns Ntountain to the southwest, arid flowed norttierly through the
cun•erit sitc and beyond until it entered a wetland compiex located on the.Ponderosa Eslates North site.
W1aFW stated in the letter that the seasonal streun was a T}pe 4 stream uncier chapter 222-16 WAC,
fi-om its paint of originatian all the way south lo the wetlancl. 7'lie ]etier conlended tthat the 1-Tabitat
iVl'anageinent Plan fa.iled to properly address protection of the T}pe 4 strcam corridor, su•eam lauffer tividths, proCectiozi ofriparian habitat, use of the stream corridor 3rea Uy birds, deer and other wildlife, atid
the importanc,, of the area for wilcllife migration to adj3cent habitat areas.
89. 4V'DrW, in its lune 7, 2005 letcer, also referenced a lelter fi-om IATFW lo the City, mailcd on April
21, 2005, regarding the Panderosa Estates Nortli preliminary plak. A copy of the April2l, 2005 letter lvas
suUmiited at the Junc 8; 2005 public hi;ari.ng by the City af Spokane Valley, as part of its SEPA appeaL
Thc leller was addressed lo Q1e City, was not sent to the CounCy, and was not in the project Gle fQr the
cwTeai prcposal before tf-,e public hearing. hz lelter indicaiecl lhat the seasonal strearn in qtlestion was
iniproperly [yped ou the D\TR stream ryping overlay, the stream was a Type 4 sEream because it was
,HE Findines, Conclusions and Decision PE-1940-04 -Fage 13
spring fed at its headwaters and had a"Perennial Initiation Point", and that a 150-foot tivide buffer rvas
. recomrnended for such stream by 1,VDI`VJ. ~
90. At the public hearing, die applicant contendecl that the commeFits submitted by WDFW regarding
the Habitat Mana ;ement Plan cannot be carisidereti by the Coun4y or the Examiner, because they were nqt
submitted within 15 days frorn the date the Plan was issued on October 8, 2004. 91. Paragraph 11.20.060.D.2 of'the Counfy Critical Axeas Ordinance sets forth the requirements for a
haUitat management plan repart, iucluding the inclusion of review comments by a habitat biologist £rorn
the WDFW. Such paragraph requires that the WDFW respond in writing to the County with review
camments, or a request far additional information, withui 15 days fi'om the date of issuance of a draft
habitat management plan; and that if WDFW daes not respond wiihin such time periad, review conune.nts -fi-onl WDFW shail not be required as part of the habitat management plan report. The paragraph also
authorizes the County Department of Building and Planning to approve habitat management plans or
rcquire additional uiformation.
92. The response by N'VDFW regarding the Habitat vianagement Plan was due on Monday, October 25,
2004, since the 15`6 day afler issuance of the Plan was Saturciay, October 23; 2004. However, the effect
of `'JDFW's untimely submittal of review enmments and request for information on October 27, 2004,
undcr Paragraph 1_1.20.060.D.2. d of che County Critical Areas Ordinance, is that the Habitat Management .
Plan could be submitted by the applicant to the County as a final report, nof that WDFW and others would
be bari•cd from later comment an the Habitat Vlantigemcnt Plan.
93. The record indicates that the County, the applicant and the applicanf's wilcilife biologist did not
become aware of W]aPW's claim that the seasonal stream on the site was a T}pe 4 stream, under the '
InteriFn Water Typing Syslem set forth in 4VAC 222-16-031, untii VirDFW's Ietter to the Ciry of Spokane
Valley dated June 7, 2005 was submittecl by the Ciry at the public hearing. 94. hi 2001; the Sfate Forest Practices Board adopted a new Interirn Wa'ter `Cyping System for strearrs; lakes and ponds in tlie foresLcd areas of'lhe staie, under \VAC 222-16-031. 7"he County Critical.4reas
Ordinance was not amended lo adopt the interim water typing systein; and concinued to use the description
ofstream hpes contained in former WAC 222-16-030; the bleffers for such screams specified in the
Cri[ical Areas Ordinazice at the time ii was first adpptcd in 1996, and the County JaNR stream types ma}a
based on such stream ty-ping and bufi'ers. Sec paragraph l 1•.20.060.C:2.e of Critical Areas Ordinance.
95.'-' The County Gritical Area,s Ordinance cot21d arguably be consiclered o«t of compliancc with the
GNlA, under hest availaUle science principles, for not adopting the new interim water lyping system
contained in VVAC 222-16-031, and for not consiciering the "N'VDFW Managerrient Recommendalians for
«Tashington's Priority 1-i'abitats: Riparian" in adopting buffers for such streams, along with other "best
available science". Hor,vever, under vesting reyuiremcnts, the preliminary plat applicafion must be
.considered under the sti•eain typing and asscrciat.ed Uuffers stated ul paragraph 11.20.050.C.2.e of the County Cricical Areas Urdinance.
95. I"hc seasojial slreaui on the site qualiCes 3s a TyPe 5 streani under the criteria contained in
paragraph 1 1.20.Ob0.C.2.e of the CounFy Critical Area Ordinarlce and former W,4C 222-16-030. H.owever, the stream has no buffer under such criteria, suice it does not connects lo a T}pe 1, 2, 3 or 4
stream under the critcria, either upstreapn ar downstream. To be a'fype 4 stream under such criteria, a . • %
HE Findings, Conclusions and Decision PL-1940-04 Page 14
_ seasonal stream mtlst iufluence tEie water quality ofa'I"ype 1, 2 or 3 stream, and have a minu-num channel .
widEh of two (2) feet
97. The StaffReport indicates that die seasonal stream on the site is a'Iype S stream that requires a 25-
foot Uu#fer, under the criteria specified in paragrapb I 1,20.060.C.2.e of the County Critical Axeas
Ordinance, based on a couclusion that the strearn flows downstreazn into a Type 4 strean. However, as
acknowledged by County Department of Building and Planning at the public h°aring, this conctusion was
erroneously ba.sed on the smdll segment of a Type 4 stream illustrated on the County's DNR stream types
map that lies uFstream of, and does not directly connect tn, a portion of the seasonal stream lying north of
44th Avenue. See tcstimony of Tammy lones. .
93. Even undcr the Interim INIater Typing System contained in WAC 222-16-031, there is liznited and canflicting evidence in die record that the seasonal stream on the site is a Type 4 or a T'ype 5 strearn. T}ae
applicant's biologist, Larry laawes, contendetl that the stream is not spring fed and does not have a .
perennial initia[ion point at its source. tiVDFW did not explain in its correspondence how and when it
' deCermined that the stream tivas spring fed at its source and had a perennial inidation point. Dick Behm, au
area resident who was insti-umental in tlaving the Chester Creek Hydrology Study performed for the area
waterslied, testified and submitted awritten statement advising that a biologist for NVDFVV had traced the
stream back to its soijrce and found that it was strearn fed. See Exhibit MM. However, neiiher Belun nor
the WDrW provided any dctails regarding such 6eld inveskigakiotL
99. NVheiher drainage in the seasonal stream actually reactics 44`h Avenue aboveground during a normal wafer }rear is not detenninative of Nvhether the seasanal sfrcam on the site is a Type 4 or 5 stream, eit.her -
under the water t}ping criteria specified in the County Crilical Areas Ordinance or the Iilterim 4Vater ~ T}pine System specified ui WAC 222-16-031. This is because there is no evidence in the record that the
seasonal sfream on the site IIotivs into a Type 4 or higher stream north of, and downstream of, the site. .
100. P}iysical observalians by the applicajit's w•ildlife Uiologisl, Larry iaaNves, support a conclusion that
the seasonal streacn has na aboveground charuicl connectiori iiear 444h Avenue, on eieher side of the roaci_ However, the owper of land abtrtting the north side of 44ih Avenue acrqss froin the site submitted a
statemerit indicaiing ttia[ water from the site "runs under" 44"' Avenue into his fields from March unlil
early June in a noimal snow pack year. See letter dated 6-2-05 farm Hen.ry Phillips. The statcment does• not specify whether. the water flows through a subsurface connection «nder the road, or through the
cutvert that passes under the road. Tlie presence of a etilvert under 44`h Aven«e clearly suggests that ,
tivater lias run through the culvert in the past, although the culvert may have been installed to prevent . flonding, diu irig abnomia.lly high Nvater years. 101. The Washington Depariment oCEcology (WDOE), the lais}vnan Hill; Natural Area, the Spokane
Audobon Sociery, ajid others with training in wildlife biology subnii[ted letters dbjectitig to the HaUitat
lvlan3gement Plan andlor the impact that the dcnsity ofhousing in the project wauld have on wildlife
~ haUitat. See Ietters f.rom Margarct O'Connell, La«rton Fox and Robert Peregoy. 102. The preliFninazy plat would rESene over 37'% of flie site in cammon open space. The combined
preliminary plat proposals far the site and the adjacent 17-acr;, parceI to the east would preseitie
approximately 27.5% tif the combined sites in common open space. The letter submitted by Larry Dawes
at the ptiblic hearing ;«dicated that basing ille but'fer araund tiie seasonal sireain cin a"noticeabie break u1 -
slope", as recomrnended by ~[TDOE, would eli.minate development ofthe westerly two-thirds oPthe site.
HE Findings, Conclusions and Decision PF-1940-04 Page 15
PresErving the aspen patches in the southeast portian of [tae combined sites, as recoiiunendeci by NjJDFW,
and preserving the eatensive ceanothus sh.rub fields locate;d jn the southerly nF,o-thirds of thc east partion ~ j
of Lhe conibined sites, as recommended by WDOE, wauld eliminate most of the remauing portion of the
site, and riuch of the adjacent parcel, fTam cievelopment At same point, such reservalion of land
eliminates "reasonable uae" of the propcrry. See paragraph 11.20.0403 of County Critic3l Areas
Ordinancc.
103. Tlae CounryDepartment ofBuilciing and Platuiing accepted the Hauitat yTanagement Plan. See
SlaffReport_ 1"he applicant's wildlife biologist, Larry DaNves, submitted rebuttal letters and testified at the
public hearing in support of the Habitaf Management Plan. 1'bis included a vegetative planting plara ta
mitigate the impact of the stormwater detention ponds placed in the common open space in the preliminary
plat. Such information, along with the Habitat !vf anagement Plan, establish that the highest quility habitat .
for deer, birds and other wilcilife habitat will be preserved on the site and adjoining 17-acre parcel to the
east; and that the 100-foat evide corridor containing the seasoaal stream, together with the open space
coanections to Schafer Branch Road, and the wi(dlife habitat preserved in the south prn-tion of the .
preliminary plat, provide an adequate travel corridor for deer and other wildlife that caiinects to the largcr
w ildlife haUitat areas ]ocated to the north, sauth and west. The applicuit advised that the homes
developed on lots abutting the 4vest side of Ghe 100-foot bufTer containiug the seasonal stream would be .
physica,lly located at least 220 feet fi-om the homes developeei on the lots aUutting the east side of the 100-
foot Uuffer.
104. The information submitted by L,ariy Dawes establishes tlhat the rcvised nreliminary plat m1p wa,s
designed in accordance With the rccommenciations of the Habitat Management Plan; the revised
slormwa.ter plan for the preliminary plat, mitigated by the proposed vegetative planting plan; and the geo-
hazards on the siie, will not adversely impact priority wildlife habitat; thcre is an insufficient basis to ~I
i•equire the appiicant to prepare a bird study Cor the site; the preliminary plat tivill not impact a ttlreateoed
or cndangered species on the sthe prel'uninary plat will not liave any si~iificant advei;c impact on a
priori[v wildlife habitat or species; arid the Havitat Managcment Plan rncefs the requiremenls of the
Counry Critical Areas Ordinance and relevant policies of the Comprehensive Plan. Alsa see testunociy of
Ivlichael Nilssan, P.E. ' C,e hazards, drainaQe
105. County CriCica] Area-s maps illustrate an erpdiblc soils geo-hazard along, and west of, the cfraw in
the southerly three-fourths (3l4) of the sile. Soils maps illuslrate soits classificd by the County Critical
ArEas Ordinance 3s presenting a severe tlu•eat oFwaler erosion in such area of the site, including BhD and
BaB soils, as well as a small portian of BaU soiis locateci in the middle part of the extrcme soutti end of
the site. • 106. Neighboring peoperty nwmer, acid the City of Spokane Valiey in its SEP.A appeal, contended t}lat
the site contains slopes cqual to or exceeding 30%, and Lhat the l0-foot contours illustrated on die revised
preliiiiinary pla[ map are inaceurale; •based an the 5-foot contours illustrated on the original preluninary
plat map and the slopes illuscrated on the Crilical Areas geo-hazard maps used by the County and the City
of Spoluine Valley. See lefter dated 6-6-05 and testimany suUrr►i[ted by geologist Ebertiardt Schmidt. .
- 107. The County Subdivision Ordinancc only requires that topographic infomlabon be shotivn at 10-foot
intervaJs on apreliminary plat map, if any slopes exceed 10%. The geahazard provisions of the Cotmty
HE Finciings, Conclusions and DecisiQn FE-1940-04 I'age 16
Crilical Ordinance authorize the applicant to submil niore specifie infon;lation to refine the general level of
infarmarion provided by the mappulg pf geoIogically hazardous 3rcas on the County's Critical Areas maps.
108. Tlie confours illustrated on the re-vised preliminary plat map are based on an actual survcy of the site
conducted by thc applicant's survcyor afier the origi,nal preliminary plat map was submitted; which survey
indicated tliat the site does not contain all the variations in topography shown on the original preliminary
plat map. See testimony of Ciiff Cacneron. The suivey must be considereci more rcliable than the
contours illustratcd on the original preli.minary plat map and the County geo-hazard maps. The contours
an the revised preliminary plat map do indicate a few small areas where the slapes approach 30%.
. 109. .paruc] Burgard, a soils scientist, submitted a letler dated June 5, 2005 expressing concern that the
geo-hazarci evaii2ation report submitted by Michael Nilsson, P.E., on bthalf of the applicant, did not
specify the amount of grading lo be pErformed on ttie site for developinent, or discuss mitigating measures ,
for construckion in the erodible soils on the site.
l 10. Af the ptiblic heacing, the applicant advised that due to the revision of the water plan for the proposal, there will be no lai•ge retaining walls, significant grading or large scale movemcnt of earth on tlie
. site resulting fi•om site development; anci cuts and fills wot2id be balanced 'ui the final plat 1he appiic3nt adviscd lliat more grading would be done far the project proposed east of the site in the City of Sp.okane
. Valley. See tcstimony of Cliff Cameron and Ivlichael Nilsson.
l 11. The gep-hazard repori submitted by Michael Nilsson, P.B., on Janu;iry 31, 2005, the concept ~drainage report submitted UyNilsson on September 14, 2004, atid the preliminary geo-teciuiical evaluation
~ J report attached to the concept drainage report prepared by STI Northwest fail to note the small amount of
the BaD erodible soil located in the middle part of the exUeme south cnd af the site. However, the
•
o.mission is not itnportant, since: no development is proposed in ilie BaD sails on the site.
.11-2. The gea-hazai-cf report submitted by Michael Nilsson, P.L., on January 31, 2005 observed no •
evident signs o£ severe erasion on the sile; noted that a majority of the erodible soils area would be ]efl in
opcn space and not developed; foimd that ihc snils on the sile, Uased on soils tcS[S dotie An the prOperty,
would have satisf."actory workabilicy and be adequatcly suited for subdivisian development purposes siach
as utility, dcainage and ro3dtvay construction; development in the area of erodible soils would-nol
endanger public safety-; and eoncluded that an erosion and sediment control plan prepa.red in accordance
wit]Z best rnanagement practices and implemented during construction would help reduce the erosion
potcntia]. . 113, The geo-hazard evaluation report coulci 3rguably have gone further in recomrnending erosion control
measw•es dw-ing construction, particularly fpr the construction of hpusing. However, such coticerns are
addressed by Caunty Erigineeruig canditiolis of approval #23 and #i24, whicli require a geAtecluiical
invesEigatian and rnitigating measures for subsurface construction, in the evenl shallow bedrock or
groundwater are located undc;i• the surCace of the ;ite; potenlial restrictions on basements aid other
subsurCace construction; that the final piat dedicatian identify those lots rvhere velow gradc construction is prohibited, and lhe preparation of a teIIlporary erosion and sedimentation conlrol plan prior to final plat
approval. Counfy Building and Alanning condition of approval #19 requires the final plat to corr►ply with
~ the recoinmeadafions ccntau~ed in the gea-hazard evaIuation repori. CountyBuiiding and Planning •
condition # I i requires the Gnal plat to eomply with the County Critical Areas Ordinance.
HE Findings, Conclusions aiid Decision PE-1940-04 Page 17
114. A-rin Cunnineham Rudders, a hydrogeologist, challenged the adequacy of the soils testing done for
the concepl drainage plai1 subinitted by the appficant, and the abitity of the soils tanderlying the proposed
drainage deten6an ponds fo infiltrate stormwater. See letter dated cvncerns in a letter ciated June 7, 2005. `f
However, such conce:ms are based, in part, on the elevation contours illusErated on the original preliminary
plat map, wNch must be rejected in favor of the contours illuslrated on the revised preliminary plat map to
the extent thev are inconsistent. The letfer also makes &-batable 3ssumpfions about the presence of
shalloNv bedrock uuderl}ing the arca where Ponds Cl and 131 are illustrafed on the revised, post-developed
concepl draEnage plart submitted for the project. Sce aktac]unent to letter dated 6-7-05 from Michael
\ziLsson ta County £ngineei-ing.
115. CotFnty Engineering ac:cepted the revised conceptual drainage re:port submitted for the project on
June b, 2005, subject to the acceptability of placement of the drain3ge facilities within the riparian buffer,
based on input from the applicani's wildlife biologist and the WDFNV Such condition was st2buiitted
before Larry Dawes, the applicant's wildlife biolagist, suhmitted a vegetative plantuig plan for the
detentian ponds prop4sed in the eommon open space i.n the proposed devclopmenk Coi2nty Fnguneering
conditian of approval #32 rcquires the nahiral location of the drainage system on the site to be preserved
116. Counity E.ngineering conditioris of approval require the submitlal of Gnal road arid drainage plans,
and a final_ drauiage report, lhat compty with the County Guidelines for Slormwaler Management and the
County Road Standards, prior to .final pfat a}iproval. Caunty L-ngineering condirions #27 and 28 require a
site invrstigation and full-scale drywell tests to be performed by a qualified geotechnical engineer to verify
infiltration i-ates utilized in the drainage design; prior to final plat approval. This includes the area.5 where
the clraina,,c dctention poiids are propo5ed ~
117. County Enguneering condition of approval #26 reyuires developed volumes of stormw-ater to be 'disposcd of on-site, and any stonnwater discharges frorn the development to be cqntrolled to prc-devcloped
r3tes. Ttie revised concept drainage pi;in does not dischargc any storniwater onto the adjacent 17-acre
parcel tp the east, and provides for the clisposal ofstonrnwater Crom such adjacent development lhraugh a
piped conveyance system into a drainage detention pot1d localeci on the cun-ent sife. 118. The 1997 Chester Creek Hydralogy Stuciy suggesls ftiat unclusion of undevelopeci propcrties in the
uppi;r watershed for tlie Chester Creck cirainaue in the UGA, wliere the site and adjaeent 17-acre parcel to
the east are located, and ehe development of such properties, could worscn flaoding conditions in the lower .
Chester Creek watershed area However, the revised drainage plan for the propasal wili actually slighlly
decrease the volucne of stormwater leaving the sile. Scc testimony of Viichael nTilsson, P.E.
Critical Aqttifer Recharee Area
119. Coun[y Critical Arvas maps illuslrate a critical aquifer recharge area (CAR.A) ai•ea of high
susceptibility to groundwater contaminafion on the site. The prelirnsnary plat cornpiie; with the CAIZA
provisions of'the County C]'3LlC3I Ai'Cc1S OPdtIlc1C]Ce, through the provision of public sewer a.nd required
campliance wit}l the County Guidelines for Stormwater Matiagement County Engineering cotidition #29
assures compliance with the drainage requirements of the CAR.A regulations.
Traffic ImpacLs .
120. County Engineering conditiqns of approval require the applicant to improve 44`h Avenue to a
HE Findings, Coi7clusions mid .Taecision . PE- ] 940-04 Page 18 •
Collector Arterial roadway section along t1ir; f.rontage of the site, includin, the addition of 9.5-1 I S Ceet of
asphalt, and curb ancE sidL4valk. The eonditions aIso reqtaire the applicant to imprave Sehafer Branch
Road along the frontage of the site by adding approximafely 27 feet of asphalt, curb and sidewalk;
constructing a cul-de-sac at the eoudiwest corner oFthe site; anci ;trip paving Schafer Branch Road to a-
width of 24 feet along the f,rontage of the 6-acre parcel thal di~~ides part of d~~ n~rth and south portions of
the site. Such conditions provide thai the County LnginLer may accept a minimum ] 0-foot wicie asphalt.
pathway in lieu ofsiciewaIk
' 121. The City oF Spokaiie Valley requested that the apglicant provide mitig3[ion to improve pedestrian
safety along 40" Avenue be:hween the site and WoodruffRoad; and steggested fhat this include construction of a 5-foot wide sidetival.k, coiistructed of concrete ar "aspllalt concretc pavemcnt", on the
south side of 44'~' Avenue beliveen the site and WQOdruff Road, and offset five (5) fecl from the existing
pavement edge along 44`4 Avenue. See letter dated 5-24-05 from John Hohman. of CiCy of Spokane
Valley Public Works to Tamury Janes. Ttus requcst was generally supporfed by a traffic engineering
consultanf retained by the Ciry. See Exhibit E. '
122. A ;IightIy raised, 5-faot tvide asphalt pedestrian path is located adjacent to the pavement on the west
side of Woodruff'Road, behveen 44`h1'lvenue anci Ponderosa Blementary School, which school is located
at the northeast corner of WoodruCCRoac! and Cimmaron Drive. Such improvement appears intended to
facilitate travel for students walkuig to school along such Stretch of Woodruff Road
123. The written comments submitted by the Central Valley School District on June 6, 2005 requestecl
tbat siclewalks be provided along the streets ui the finai plat far students walking to school pr waiting for a
schopl bus, a hard surface area be provided at the perimeter of the final plat to serve as an off=street
~ waiting area for students Nuaitiag to board a Uus, area lights be pravided at ai•eas designated by the district
as potential bus stops, and the private roads in the Cinal plat be made wide enough and have adequale
turning radii for school busses.
] 24.- At the public hearing lield on rune 8, 2005, Dave Jacl:man, the Director of Auxiliary Services for
ttle Ccntral Va]ley School District, requested thdt the applicant construct an asphalt wallcing path alpng
44"' Avenue vehveen the site and 4Voodnrff Road; consiclering ivcrc:ased trafCc along 44`11 Avenue, the
prOjected addition of 44 elementary students residing ui the preliminary plat, the adciition of middle schaol
3nd high school shzdents residing in the preliminary plat, and the lack of a good wal.king area along 44t' ,
Avenue west of WoodrulT'Road.
.125. The Traftic Impaci Analysis (T1.A) report submitted by the applicant's traffic engineering consultant,
' dated.J.anuary 28, 2005, discussed pedestriari safery for students; but failed to realize that a 5-foot wide
raised asplialt pathway already exists along the tivest side of Woodruff R.oad; and failed lo acknotivltdge
the rnore nai7-ow paved width af 44`!' Avenue, and the lack oC adequate shoulders along 44`l' Avenue for
. stiaclents walk-ing to school be[ween the site 3nd Woodruff Raad.
126, The righl of way width of 44't' Avenue in the vicinity is 60 feet. Thc paved width of 44°i Aveinie in
the vicinity is considerably narrower thati the 37-foot "lide paved width t•equired for an Urban Collector '
flrterial uuder the Counly and City of Spokane Va11ey Road Standards. .
127. The n;,ed fa: pedeslrian ncces; ibr studenis a1ong 44"' AvenLle belween the site and Woodruff
J.4aenue tivas also supported by Robert Bemstein, P. E, a tr3ffic eugineering consullant retained by the
HE Findings, COI1CIl1SF0iiS Ellld DLCISIQII PL-19=t0-04 Page 19
Ponderosa iNeiehUorhood Association. Bernstein Floted the additional trafTic and sh!dents generated by the
proposal, the nan•owness of the exisfifig pavemenk along 44`h Avenae, and the inadequacy of the existing
shoulders along portions of 44''` Avenue far tivalking. See letter dated 6-6-05 from Robert Bernstei.n, and
testimony of Roberi Benistein. 128. The applicanl requested that severa( contingencies be placed on extetEion nf a pcdestrian faciliry
along 440' Avenue east of the sile; uichidiqg that construction Ue limited to a S-foot wide asphalt pathway,
the applicaiit Ue allowcd to locate a temporary pressure sewer line serving the applicant's proposal under
the pa[hway, placed at least six (6) feet from the existiog water main located at the e_xisting edgc of the
pavement, pending extension of a pemianent sewer luie and associated road improvements alang 44th
,4.venuc programmed for the area by 2009; canstruction be delayed untal the completion of. Pha.se One (50
lots) of the preliminary plat; the improvement be made within the existing right of way along 44te fl.venue,
considering gradine, trce removal and drainage issues on the soufh side of 44`h Avenue in the vicinity;
financing of ttie pathway extension be done by the City af Spokane Valley through the road improvement .
district (RID) prqcess, with the applicant contributing a proporkionate share of the cast; and other details
referericed in the applicant's letter ro the CiryPublic Worlcs Deparlment dated May 23, 2005. See
testimony of Cliff Cameron.
129. The applicanl ciked the Hearing Examiner's 2001 decision approving the prelimirlary plat of Stonehoi-se Bluff (File Na. PN-1786A-95), for an 88-acre site located in nor[h Spokane County, as
precedent t'or allowing constiliction of the pedestrian pathway to be delayed until Phase One of the current
preliminary plat is finalizEd, and fiiiancing of the pathway through a RI'Ja. I-Iowever, such ciecision did not
allow construction of sueh improvements until completian of the Cust phase of development. Such
decision required the applicant for the Stonehorsc Bluffproject to strip pave 3 road located belNveen the - site and nearby schools prior to issuallce of a building permit or use of the property; Uut if adequate right -
of way was ac;yLured, to also install side-walk, curb and drainage on one side af such street, subject to the
County fii•st attempting to foi7n a RI:D to finance such additional improvemcnts.
. 130. 'Che gravel shoulders along 44"' Avenue betu+een south rari Road and Waodruff Ftoad provide a .
«.ider and mare even walking surface than the narrower and less gracied shoulders located along 44`h •
Avenue between the site and south Fan- Road. See testimony of Cliff Carneron. 1"he applicant should Ue
required to insrall a pedestrian facilicy along 44`'' Avenue between the site and south FaiT ftoad prior to the
development of housing on the site, and to install a pedestrian facility a[Ung 44`'' Avenue bettiveen south
Farr IZoad and Woodruff Road upon completion of Phase One of the preliminary plat. The installation of a
femporary sewer ]ine under such pathtivay must be worked out with thc City of Spokane Valley.
131. Ttie .requiremeiit for off-site pedeslrian pathway improventents are roughly proportionate [o the
impact of the project on pedestrian safely along 44°i Avenue to the ea.st, and svill directly bcncrt future
students and other pedestrians in the project. The applicanE's respoiisibility for the off-site pedestrian
facilif, along 44"'Avenue may be reduced proportionately if'the applicant's acijacent preliroinar~~ plat-to
the east is approved, the City fomis a RID for improvements along 44'~'Avenue, or puUlic se«=er is
extended in 44'l' Aveniie with associafed i•oad improvernents prior to cornpletion of Phase One oFthe
current prelirninaiy plaf.
132. The TIA prepared by the applican!'s consi!lting tra£Cc engineer was accep!ed by Caunty
Engineering, and Cauniy Engineering certiCed transportaticii concurrency for the proposal. The T1A was
also found acceptable by the City of Spokatle Valley Public Works Department; eYCept regarding the off
NE Find'uies, Cdnclusions and .Decision PF, 1940-04 Page 20
sitc pedesti-ian facility along 44°i Aventic requesied by the Ciljr, and Lxcept for the fire evacuation analysis
in the TLA, which City Public Works advi;ed was the review responsiliilily of flie City Department of
Community Development.
133. The TIA estabIisties that the propo;al will not have any significant adverse impacts on the levcl of
service (LOS), or on trafrie safety, at area intersectioas at the 6me of build out. The curnulative trafi c
generated by ambient traffic growth and backgrQUnd projects, including the approved iVdca View
preliminary plat, was properly considered in the 1'1:r1. The divided duplex project proposed along Schafer
Road ncar Dishman-Mica RQad is not considered a background projecc; but the record indicates that eveu
if the traf.fic fi-om such project is added to the traffic analysis in the TIA, the LOS at the intersectian of
Schafer Road/University Road and Iaishman-Mica Road would still be acceptable. See testimony of Todd Whipple, P.E.
134. Sight distance cancerns at raad intersections in the Cily of Spokane Valley impacted by traffic from
the proposal and the applicarit's adjacent proposal, raised by Robert Bernstein, P.E., aiid neighboring property owners, were not properly supported by accident statistics. The City of Spokarle Valley accepted
fhetr3fffic capacity and safeiy analysis contained ui the 7'IA. See Exhibit E.
135. * Janice Cooperstein, a neighboring property owner, raised a concern at the public hearing regarding
the grade of46'h LanE in the preliminary.plat. The applicant testifed that the Counry would require that
46°i Lanc be designed and graded ta meet the I 2% maximum gracie required for private roads under the
County Road Standards, ancl meet County dc:sign requirements at the intersection of suc}i road and
. Scb3fer Branch Road. See testimony of Cliff Caeneron.
. .
136. The proposal has two (2) private road cormec[ioas to 44Ih Avenue anri one private road connection to
Schater Brancli Road, provides direct access for some lots to 44'h Avenue and Scbafcr Branch Road, and
provides for future connections to the road systerri located to the east through hvo (2) private raati
connections to the acijacent preliminary plat proposal. -
137. The prqposal and adjacent preliminary plat provide adequate arterial aecess and local access road
connectivity. Curnulative traffic impacts 6•om stich develapu2cnts will not result in ttie capacity of such
roads beicig exceeded. See Exhibit 7, and testimony of Todd Nvhipple, P.E. . 138. Required road improvements to Schafer Branch Koad will improve safery concems associated with
the stecp erade, short stopping distance and tui7iing radius at the intersection of Schafer 13ranch RQad and
44'h Avenue; along wieh providing a paved road surface, curbirig, side;valk and a ne-vv cul-de-sac. Schafer
13ranch Road cun•ently dead-ends a shorf distance south of the site, without a cul-de-sac or other approved
turnu•oLmd: See testimnny of Tatid Whipple; P.E, and Ciiff Ciuneron. Fire Access
139. On luly 22, 2004; Spokane County Pire District 8 submitled a list afreqnirements far the . 'preliminaay plat. This included completian of an evacuation study by Fire Dislrict 8 and other pertinent
agencies, prior to Ianal p(at approval, whieh study would determine the ability to safely evacuate residents
tising the tvro main accesses out of die Ponderasa area onto .pishmail-Mica TZoad; i.e. Scllafer Road and
Sands/BotTrdish rtoads. The docurnent recemmended lhat the ,raffic siudy p,..pared for the pruposal cover
~J
FIE Finciings, Conclusions and Decisipn PE-1940-04 Page 21
the need for an evacuatian, and Ehe capabilify of the road sys[em exiting the Ponderosa ar4a to handte
approximately 5,000 to 6,000 vehicles ui a set perifld of time.
- 140. Todd Whipple, P.E.r the applicaiit's iraflie engineyring eonsultant, spenC sevcral hours with
Lfeiitenant Archer of Fire District 8, and obtained key documents froin Lieutenant Archer to prepare an
evacuation traffic analysis for the Ponderosa area and the proposal. Tbis included the Fire Storm '91 Case
Study, the July 2004 Pondera,a Neighborhood Emergency Overview, and the August 2004 Ponderosa
Evactiiation Pian. Whipple also considered other reference documents and conducted other discussions to
reCuie lhe evacuakion analyb-is.
14 l. The fire evacuaEion analysis contained in the TIA assumed aworst case scenario, that all homes in
the Ponderosa area wou]d be evacuated in a 30-minute time fi-ame during a firestorm type event. The
draft analysis was commented on by:Fire District 8 staff, revised per Fire District 8 comments, and
favorably received by Fire District 8 staff after its rnal revision. See TCA; and testimony of Todd
Miipple. County Engineering also reviewed the evacuatian analysis and £ound that [he assumptions for
the evaluation were canservafive in nature and that acceplable levels of service would be maiatained.
142. On DecemUer 7, 2004, the City of Spokane Valley Public Worics Department reconunended th3t
written approval of the evacuation plan contained in the TIA be obtaineci from the Ciry's police chicf aud
- thc fire chief for Fire Protection District 8, based on advice frem its consulting traffic engineer. See .
. T:xhihit E. _
143. On January 28, 2005; the TLrS+, and the fire evacuation analysis eontauled therein; was Cina(ized The
fire evacuation anlysis concluded tbat with the assistance of emergency personnel, as would nai7nalty be
the case during a significant fire evenf, an orcierly flow of traffic and adequate level of'sen~ice could be
maintained at the intersecUons of Schafer/Univer;ily Roads and DistuTian Mica Road; Bowdish tZoad aud
17ishrnan-Niicd Road, Schafer I'Zoad aiid Cimmaran Road, and Bowdish and Sands R.oad. The study also cQncluded that all other inlersec[ions in the 1'onderosa area would itinction adequately during such
evacuation, without the need for emergency.persotunel to direct an orderly progressian of iraffic.
144. On April S; 2005, Bill VValkup, fire cbief for Fire Protectian 17istrict 8, sent a letter to Charles
HafYier, a neighborhood representative, «thich clarified that the district had provided infarmation £or the evacuatinn analysis but did not directly participate in the analysis. Walkup advised th3t the fire eiistrict
does not have written aciopted evacuation plans for specifie neighborhoods, ald the responsibility for .
evacuaUon resides priniarily witli law enfqrce;ment agencies. Walkup also advised that in lhe event of a
Grestprm event, the dislrict would not envision evacualinb the entu-e area, buk rather have citi7ens shetter
. in plaee or mave [o an area of reficge.
145. On April 22, 2005, ilie fire commissioneis for Fire 17isu•ict 8 sent a letter to the County and City of
Spokane Valtey planniri,u, departments, advising that a typical U-affic study, such as that prepared for Lhe
current project, is predicated on the "noi7nal tisage of the ingress and egress", and most likely does not
consider tlie impacts of emergerlcy situations or the cumulafive impacls from cievelopment. 1"he lctter
recommended that a comprehensive look be Liken at the cumulative impacts from developrncnt in all areas
of the district, with respecf !o ingress and egress. The fre coininissioners' letter failcd to acknoNvIedge or
understand thaG th:, fire evacuation anaiysis confained in the Tlrl considercd Uoih the impacts of
emergency situations and cumulative impacts from develapment on ingress and egress in lhe Ponderosa
1-IE k'indings, Conclusions a.nd Decision PE-1940-04 Page 22
146. On April 20, 2005, the board of fire comrnissioners for Fire DislricE 1 sent a letter ta t1ie Cjty of
Spokane Valley, «liEli a copy sent to County Engineering and the .F3oarci of County Cauunissioners, on
proposed developinents in the Pondero;a. The letter asked the Ciiy to review stich prcaposals a,.s a«+hole
and takc into accouni the iotal impact the developments would have on ingress and egre.ss road.i in the
area, advised that the two existin,g access roads into the area may not be adequate for in,ress of fire
equipme.nt arid egress of citizens in a major wildfre, and stzted lhat possibly widening the two access .
roatis or adding a third access would reduce the risk. On iMay 20, 2005, Couury Fire .District 1 submitted
speciic eomment, for the eurrent preluninary plat, which requested a water plan sho-wing the installation
af new fire hydrants at variou.s iittervals, adeqtiate fire apparatus tumarounds aud appropriate road names.
147. Ncighboring property owners contended ttiat another general vetucle access out of the Ponderosa
area was needeci to provide proper fire aceess f.or the prapasal, and provided anecdotal information
regaeding the 1991 .Cresiarm event in;upport ofsuch contentions. Robert Bernstein, P.E., testified that an
additional vehicle access route was needeti aut of the Ponderosa area to deal wikh fue and other
emergencies requirin, an evacuation, aid to accommodate additional growth in the area. Bernstein
expressed concern that one of the hvo main accesses out of the area could become blocked during an
emergei2cy, and other contingencies could occur that might hamper a successful 'evacuation.
148. vlarina Sukup of the City of Spokane Valley Department of Community Development expressed
conceni regarding the adequacy of access for evacuation of the area, risk factors associated «rikh an active
rail freight line carrying hazardous chemicals, reslriction of access to the area due to the iloodplain located
along Chester Creek in dic area, and the need for the County and the City of Spokane Valley to develop a
~ natural hazard mitigation plan under federal regulations. ~
149. The record indicates that there were problems with evaeualion ofresidents and fighting fire in the
Pouderosa area during the 1991 firestocm eveiit; due to such factors as Cre spotting, poor visibility ciue to
smoke, residents not lzeeding orders to leave their homes, e;caping arumals, bystanders causinb congestion at the huo main accesses out of the are:i alonb Dislunan-Mic3 Road, mistakes by .fire personnel,. other fires in the greater Spakane area placing a demand on fire personnel, anci poor water pressui•e ciue to downed
powcr lines in same areas. A total of 14 homes were lost in the Ponderosa aiea, 10 af which had s2iakc
rvofs. However, the evaeuation was generally successful in evacuating rnore than 2,500 residenLs of the
Ponderosa area, although evacuation iziay have been more difTieult bad the initial fire events in the
Ponderos3 area occurred later in the day after resictents had arrived home from work.
150. Claude Wells, a retired deputy Cre chiefwith Cotmty Fire District 9, with a consulting business iu
fire saCery, testiGed for Lhe applicant at d1e public hearing. VJells observed that the "worst case" fire
. evacuation analysis con[ained in the TIA was only one possiUle scenario for a firestorm event, but was
.usefiil in analyzing the adeqtlacy of rire/emergetlcy access for ihe Pvnderasa area. Wells testiCed that
even witYi impact of the proposal and A[her new developmenl proposed in the area, the existing two
accesses out of the carea via Schafer Road and Bowdish Road, logether wiih the ne«, at-grade railroad
c1•ossing for fire/emergency vehicles located oCfBates Road, would pravide adequate fire access for fhe
. ai•ea; aiid that the proposal would likely act as.a "firebrcalc" for existing development located east of the
site. Wells found ii unlikely that one of [he hwa nlain acce;ses out of the Ponderosa area to Dishman-1vfica
Road would becorlie blvcked for any significant len,th of time during any required evacuatian of the area.
151. The opiruons expressed by Wells regarding the adequacy of fire access for the proposal were
rcasanabty based on We1is' expert fire experience, the fire cvacuation anal;sis contained ia the 'C1A, the
HE Findings, Conclusions and Jaecision PE-1940-04 Page 23
iessons le.a.med hy icrcal fre district personnel from the 1991 frestorm and subsequent fire events, Couu[y _
fre access and building c4de standards applicable to new development, the fue prevention measures and
restrietive covenants piaruied for development of the proposal, anci the proposed 1lydrant and water plan
for the prapasal. Such opinions were supported by the testirnony af Todd dVhipple, P.E., and logether
establish that fire access for the current proposal, the adjacent preliminary plat proposal and the f'onderosa
area are adequate.
152. Th.e prelirnuiary plat complies with secondary access requircments ofparagraph 1.03(8) of the
County Raad Standards, since there are three (3) acccss routes out of the development for the lots i.n Phasc
Onc of the preliminary plat, and two (2) access rouces out of the development far the [oCs in Phase 2.
Onee vehicles frorr► the development reach 44°i.4venue, ather access routes become available to the north
. and east
153. The proposal should be conditioned for compliance wiih the water supply, ungress and egress, and
defensihle space requirements.cantained in the wrilten comments submitfcd by County Fire District S on July 22, 2044; the recommendation in such cammcnts that restrictivc covenants be adopted for the final
plat, restrictiiig parkirg on streets so as not la hinder access by emergency vehicles; the recommendatinn
thaf home consa-uction be of (ire resistive roofing and siding materials; and the May 20, 2005
requirements suhmifted byCounty rire 17istrict 1. 154. Thc applicant objecled to impooilian of the $500 per lot fee requested by County Enguieering
conditian of approval #3, for the purpose of constructing a raiiroad crossing "in the vicinity" of the
proposaL See Exhibit I, Applicant's Meuioraocium RE: Impact Fees. Thc record indicates that the •
County has no cun•ent plans fo.r a crossing, has not established where and when the crossirg would be •
constructed, provided no estimate of cost or feasibility of constructing the erossing, and provided no basis far calculaUng the applicazlt's praportionate share of conslructing the crossing. A similar condition
imposed for the 'Mica View preliminary plat/PUIa in the area was not challenged at the time such proposal *
was.Ueing reviewed. See teslirnony oCCounty Eogineering, aiid ciecision dated 4-11-03 in Filc, lVo. PC-
1746-94/PUDE-1-94. '
155. Becau,se fire access for the proposal is adequate, and Colinty Engineering provicied no vasis for
calculating the $500 per lat fee for conslruction of an at-gracie railroad crossing in the viciniry, there is no
regula[aiy basis iinder S EPA, RCW 58. ] 7.110, or the impact fee provi;ions eonftined in chapter 82.02
RCW to impose the fee on the applicant.
VVat:er plan .
156. The CLrtificate of Water Availability form complefed by Coianty Water Diskrict #3 on June 17, 2004.
ccrtifies I.hat public water is available t.a serve the preliminary plat and the applican['s adjacerit proposal to
the east. The certification indicates that the water system has a curi-ent slaee pec7nit ailowing the number
. of watei• taps requested (179), the proposed clevelopmcnt is consistent tivith the waler purveyor's state
approveci water system plan, the water sy5tenl is able to provide water in conformance with minimum -
levels ofse►vice below elevation 2220 feet, ancI chat water serviee ahove such elevationwiJl require a
booster pump anci resei•vair. 7he County Department ofBuilding and Planiung certified on such form lhak
the propasal niet cor.currency requiremer.ts for water sErvice.
;
I-I7? Finditigs, Conctusians and Decision PE-1940-a4 Page 24
157. BeNveen February and March of 2005, the applicant's consulting engineers wbrked with County
Water District N3 statf t4 devise a revised water plan to serve Iots in the appticant's hwo projects l.ocaCeri .
above eIevafion 2200 feet 7he revised plan ineludes uutallation of a booster pumping station, but not a
reservoir, to serve lats aUove clevation feet; with some allowance for grading fo reduce the elevation of
lots reasonably close io elevakion 2220 feet to elevation 2220, which lots can then be served by the
district's current water distribution system. There would be na massive gradulg down af the lots located
above elevation 2220 feef, as originally contempIated by the appIicant See appenciices 22=24 of Exhabat
A, and tesiunony of Michael Nilsson, P.E. •
158. The revised water plan will meet die fire flow, hydrant spacing and other water supply requirements
nf 4Vater District #3 and local fire districts. 'I'here is no cvidence in the record that the revised water plan
would adversely affect the water systetn eurrently servin6 the existing propcrties located along SchaCer
Brwich Raad. •
159. The pa-eliminary plat, as conditioned, complies with the water concurrency requirements of the
County Pbase 2 Development Regulalions.
Public sew'er '
. 160. The Gertiiicate of S ewer Availability form compleieci by County Utililies indicates that the applicant
will design, fi2nd, construct and *provicie fnancial surety for the necessary systems to extcncl sewer service
to the site aiid provide seivice connections as required. The County Depariment of Buiiding and Planning certified on such form that the proposal iiief concurrency requuements for public sewer.
161. The County plans ta extend public sewer to the ]and located east of the site in xhe City of Spokane
Valley by 2009. Such area, including the applicant's adjacent propasal to the east, Eies inside the 6-year
sewer capital improvement program area designated by the County. To serve the proposal «+ith public
sewer, the applicant plans to extend a pressurized public'sewer line in 44"' Avenue from the site east ta
Schafer Road; and north along Schafer Road to Cimarron Drive. Such Cacilitics are conleinplated to be
ret3ined bettiveen the site aud south Farr.Roaci, but abandoned east ofFarr Road; at such time as Counly Ut.ilitie.s extencis public sewer lo the area lying ea:st of the site. See testimony of Cliff Cameron. There is
no cornpetent evidence in the record that the extension af such facililies would have any significant,
probable, adversc impacts on the environment
162. .iNeighboring property awners confencied that the County does-not have future treatment capaciry to '
scrve the applicants' proposals. Such confention was baseti an probletns Ueing experienced by the Cqunty
and the City of Spo.ka;ie VaIley in receiving aulhorization from the 4Vashington State Departenent of
Ecoiogy to conslruct a proposed sew3ge treattnen[ plant along the Spol<ane Et.iver, to provide additianal _
scwcr capacity for prajectcd future developmeni in the unincor-porated portion of the cQUnty and in the
City of Spokane Valley. Hawevei, it tivas not est.aUlished that the County would run out of capacity for the
applicant's projects. -
153. The preliminary plat complies with the public sewer concurrency reqturements of the County Phase
2 Development Regulatians.
HE Findulgs, Conclusions and Decision PE-1940-04 Page 25 .
I
Cuftural resources . ' ~
164. Qn )uly 6, 2004, the, State Office of Archaeology aiid Hislorie Preservatioa recommeiided tn !he
Councy and the City af Spokane VaIley tbat a prafessional,archaeological'survey be conducted Cor the
applicant's proposals an the current site aod adjacent l 7-aere parcel, and that lvcal tribes be eonsulted
regarding such issues. On November 23, 2004, the Spokane Tribe. of Indians submitked written comments
to the City of Spokane Valley regardifig the applicanf's adjacent proposal located east of the site. Thc
tribe indicated that the area had a high probability of producing archaeological arti.facrs and possibly
humans remains, and rvcommended that an archeolagical survey anci shovel testing be conducted i.n all
ground disturbi,ng activity. 165. On October 4, 2004, the applicant submitted a cultural resources survey far the hvo proposals,
prepared by archaeological anci historical services staff at Eastern Washington State University_ An
arcfiaeologist for the university walked the site and conducted shavel scrapes in various areas of the sitc.
.A literature review was also conducted far the vicinity of the projects. The sui-vey disclosed no cultural
resourccs eligible for listing in the area of potenEial effect on the siies, but recommended ehat if culhiral
resources a.re unearthed ducing project activilies, wark should be halfed and a qualified archaeologist be
contacted t.o assess the sigLUficance of the resource. Such rec.ammendation h-as been included as a
condilion ofapproval. Ttte survey was accepted by the State.,
166. The proposal, as conditioned,will not have any signiGcant adverse impact on e•ultural or lusforical
resources. . •
. Parks arid recreation
167. County Ilarlcs and Recreation commented that there is na County community parks locatecl near the
site, but noted Lhe proximity of the site to the liler Creek Conservadon Area and the Dishman Hills Natural
Area , Such agency recommended fhat the applicant voluntarily provide active recreational ienprovements '
tivithin the project, or provide avoluntary contribution to the County fo fund recre.itianal oppartunities at
the neai•cst County park.
168. The County Ptase 2 Developmeni Regul3tions do not require direct concun-ency for parks, and the
Exarniner has no authority to make tnandatory the vohintary contributinns recommended by Counry Parks
and Recreation. The common open space in the project may provide sorne passive recreatiorial .
oppbrtunities Cor the future residents of the project. Development of the commqn open space in the
preliminary plat for active recreational opportunitics would canflict with the Habitat Nianagement P1an
prepai•eci for the site. . ' ,
SGhOQlS .
169. The Central Valley Schofll l7istrict submitted rvritten comizients on June 6, 2005, advising thal the
districC anticipated beuig able lo llotLse scudents residing in dhe future development, atld limited its
comments to sidewalk and scbool bus issues, as discussed abavc. The Counry Fhase 2 Devclopment Rc,P,ulations do not require direct concurrency for schools.
HE riFidings, Conclusions and Decision PE-194U-04 Page 26
Miscellaneous .
" ] 70. The concems raised by neighboring property owners regarding views were not substantiated, since
- the app]icant has abandoned pIans to conduct ]arge amounts of grading on the site, and construct a large
retai.nui, wall along the souih boundary. See testimony of Cliff Cameron 1he County Zoning Code and the County Comprehensive Plan generally do not protect vie4vs. Thcre is no evidence in the recard fhat
the maximum building heigbt in the LDR zone would be exceeded in the development of the proposal.
171. Any incorisistency in the density, lot sizes and Crontages ui the preliuiinary plat wiih existing
neighboring developr.nent is irre[evant, because such features of the preliIIiulary plat compty with the LDR
zone. See RCW 36.708.030 and 36.70B.040. .
172. The design, shape, size and orienta[ian of lots in the preliminary plat arc app.ropriate for the
proposed use af such lots; and are appropriatc for the character of the 3rea in which the lots are lacated,
cansideruig the zonuig of the site and adjacent properties, location of the site in the UGA and the
availability of public seivices to the propasal. Sce Cnunty Subdivision Qrdinance.
173. Bbck dunensions ui the preliminary plat reflect due regard for the needs of converuent access,
ptiblic safery, emcreency vehicle acce:ss, lopography, roacl maintenaiice and provision of suitable sites for
the praposed use. Road alignments in the propa;al are designed with appropriate consideration for
existing and planned roads, arrticipated traffic patterns, topograpfuc and draincige conditions, safety and the -
praposed use of the site. See County Subdivision Ordinance. 174. The praposal has bcen conditioned for complimlce wiCh the LDR zone, other applicable provisions
of the County Loivng Cade, the County Subciivision Ordinance, and UCher applicable development
regulataons. 175. The Staff. Repart sets forth and azialyzes applicable policies of the Cornpreheiisive Plan. The
-Examiner agrees wilh such analysis, as supplemented herein. '
176. Ceriain neighUoring properry owneis contended that the application for apreliminary• plat should Ue
dismissed under Sectian 13.300.108 of the Co«nty Code (application review procedures fcr pi-ojec[
. permits); Uecause rnore than 1$0 days passed behvccn the time the Counry requested revision of the preliminary glat on July 22, 2004 and the applicant suvmitted the revised prelirninary plat map on April 11, 2005, wiihoi2t a"substantial step" being taken ta meet project approval requirernents. Ho,~vcver, the
applicant took sevcral substantial sfeps during this time 6•arne, including prcparation of a habitat
mana,cment plaiz, the initial draft of the TIA, a geo-hazard evaluatian report, a cultural resources study
and a concept drainage plaa
Authoritv ot'City of. Spokane Vailev to file SFYA aplieal -
177. Ttie app]icant cofltended that the SEPA appeal filed by the City of Spokane Valley, through its
Uirector of Comulunity. Developmcne ]aepartment, Marina Suklip, carinot be considered by the Exarriiner.
The applicant cantended [hat the Ci "ty Council for the City of Spokane Valley did..not authorize such
appeal at a public meeting, or any other tim.e; the City IMariager had no authority to auihorize the filing of
such appeal; and even if the City -Manager had such authori .ty, be did not aualorize iVlariria Su-Lip to file
.
HE Findings, Conclusions and Decision PE-1940-04 Page 27
the appeaL See Applicant's Memorandum re: Appeal oFCity of Spokane Valley, Director of Coilununify .
DcvelopmenL
178. The applicant contended tliat RCW 35A. 13.080, which sets farth the powers and duties of a city
manager in a council-managcr form of government foc anon-charter code city, does noi authorize che city
rrtanager of such city to comrnence "legal proceettings" or "Iitigation" on behalFof the cify. The applicant
contended that only the Spokane Valley City Council could auihorize the commencement of legal
proceedings or litigation on behalf of the city, becau;e RGW 35A.13.230 vests all of such city's power in
its city cpuncil, except insafar as such power and authority is vested in the city manager. The .
applicant ciied the case of Washingtan Puhlic Ti-ustAdvocates v. Ciry ofSpokane, 120 Wn. App. 892, 86
P.3d 835 (Division III, 2404), for support.
179. Marina Sukup, Director of the City Community Development Deparlment, tesiified that the Ciry
Maciager and City Deputy Attorney agreed that f ling the SEPA appeal was a"ministerial acc" in
fiirtherance af Sukup's aduiinistrative ducies, anri did not require formal Cnuncil-action; the City Manager
authorized her to File the appeal; and the Cify Cottncil was briefed regarding Sukup's iritent to file the
SEPA appeaL Sukup conceded that a judicial SEPA appeal would require actioa by the City Council.
180. Uncier RCW 35A..13.030, the city mar►ager in a council-nianager form of goveriuuent for a non-
charter cacie city has general supervision over fhe.admirustrative afTairs of the code cify, is required to see
that all laws and ordinances are faithfully execuled; ha.s other express duties, and is reyuired to perform such a[her duties as the couneil may determine by resolution or ordinance. •
181. Pursuant to RCW 35A.13.230 and 35A.11.020, the city council in a council-uianager form of
government for a non-charter code city has general control over the "Jegislative" affairs. of tlle city. An action is cpnsidercd "]egislative" if it declares ar prescribes a new law; policy or plan; but is
"aciministrative" if it mereiy executcs or puises a plan already adopted by the legislaUve Uady. The
decisian to undertake a major public project is considered legislative; but initiatuig and prasecuting
litigation to determine specific rights, liabilities aid responsibilities conceming a particular project or city
ordinance a•e considered administrative dECisions. Sec Ruui:o v. Spelln:att, 81 Wn.?_d $20, 823-825; cited
in l3%ashuigton Public Trust,4dvocates v. City of Spokane, suprcr.
132. The Spakane Valley City Manager, and the Dircctor of the City Community Dcvelopment
Deparmienl, arc respansible for administering the development regulations of the City adopted by the City
Counc.il. This inchides peiTnitling and conditioning land develppnicnt wilhin the City; as well as
commenting on land developmeiit proposals located oulsidc the City fhat have impacts inside the City on
the City'5 }7Ubl1C iIlC7•astrueture, or thal ai-e subjc;ct to regulalion under the City's developtYtent regulatians:
133. The ferni "local agency' Linder SEPA includes a city and its legislativc body, and die departtnents
with the ciry. See- WAC 197-11-762. The County's SEPA Ordinance gives broaci autrEariry to local
agencies to eomrrient an the eavironmental impacts of a lanct use proposal on such agency. Suc:h '
orciinance also auihorizes any person to file a timely adrninistrative appeal of a Detennination of \ionsignificance (DNS) issued by the County Depari-rnenl of Building and Planning, without regard to
stapiding aE the administrative appeal level. See Section 11.10.170 of Counry Code, aild 1VAC 197-11-
630.
HE Findirigs, Conclusions and Decisiari TaF- i940-04 Page 28
184. Filing an Gdminislrative SEPA appeal under the Caunty SEPA Ordinance does not constitutc "1.ega1 proceeclings" or "litigatian", whieh terms apply to actians in a court af law. The City's filing of a SEPA
appeal is an "aduiinistrative" matier subject to the discretian of the City Manager and Cily Department of
Community Development, not a"legislative" rnatter rec{uiring action by the City Cnuncil.
185. The case of Washingt.on Public Trust Advocates v. Ciry of Spokane, supra, relates to'thC po«+er of
the mayor of the City af Spokane, a first class charter city with a strong mayar form of 'govenunent, where
the mayor holds die executivc power of the city. Such case relates lo superior court litigation brou,,ht and
. maintained by the strong mayor, is distinguishable fram the present circumstances on the facts, and docs
not dircctlysupport the applicant's position .
186. The City's SEI'A appeal filed by the Director of the City Department of Community Develapment
was properly aulhorized.
SENA issues
187. Neighboring properties owners contended that the DNS issued Uy the County Department of
Building and PlarwinP for the preliminary plat was improper, bccau.se the notice of hearing provided on
May 23, 2005 was issued before the DNS was issued on May 24, 2005, and incorrectly advised that a
Vfitigated Determinaaon of \TOnsignificauce (M:l7NS) 4va.s issued. .
188, Tlie notice of }learing was issued prior fo issuance of the DNS, iu ordcr to timely meet notice of hearing requirements for the public hearing on the preliminary plat The Departnient issued a DNS oti
viay 24, 2005, instead of a NtDNS, beeause the applicant-did not agrce lo the terrns of a mitigating conditiou reque,sted by the City of Spokanc Valley Public Wor}cs Department on May 24, 2005, which
required the applicant ta install a 5-foot wicie sidewalk along 44'h Avenue behween the sile and Woodniff
Road, See letter datecf 5-24-05 froru City of Spolrane ValIey to 1'ammy Jones, re I'ile PE-194U-U4/SUB-
07-Q4lPIJU-04-04.
185. The eirar in the notice Af hearing was harmless, since there is no evidence that the error misled
anyone. T.ize DNS «<as available the day aftc;r the hearing. Anyone reading the natice ofhearing would .
have had to inspect the project file at the County ko determine what rnitigating eanditions were included ira
the M17~,~S, anci wauld have discovereci fhat a DNS was issued. The Ponderosa Neighborhood •
Associati9n. and the Ciry of Spokane Valley both stressed the need for a side«~dk or pathway 3long 44«'
Avenue in their SEPA appea-ls.
190. The City of: Spokane Valley cantended in iis SEP A appeal tZat it should be lead agency for Lhe
proposal, liecause the projecl has proportionaicly greater cnvironmental impact ul the City than in the -
, unincorporated area of the county. ' . 19 t. WAC 197-1 1-9?4 (1) requires, in periinenl part, that the 6rst agency receiving an applieation for or
iniliafirig a nonexeuipt proposal shall determine tie lead agency for the proposal. A"propasa!" means a
"proposed action". "Actions" inciude a decisian on a speciGe project, such as a constructinnactivity
lacateci in a dcfined geo,raphic area, and uiclude agency decisions fo license any activity that.will directly •
modify the envirorunent. See WAC 197-11-784 and 1ttAC 197-11-704. .
~
~ J 192. The "proposal" or "proposcd actian" in the current circumstances is the preiiminary plat application. '
I-IE Findings, C;onclusions anc! Iaecision PE-19:0-04 Aage 29
The County was the first agency to receive such applicatian, a,nd is therefore respoiisible for de , termining
Iead ageney status. ;
~
193. WAC 197-11-924 (3) requires an agency receiving a lead agcncy detennination to wl-iich it objects fo either resolvc the dispute, withdraw its objections or petition the Washington State Department of
Ecology with.in 15 days af receiving its objectians. WAC I97-11-924 cioes Fiot requue the agency
determunin,g lead agency status fo specificalIy notify otlner agencies that it has assiuned lead agency status.
194. The Cotmly mailed a SEPA checklist to the City of Spokane Valley aad o[her afT'ected ageneie-s, and
notif ed snch agencies by memorandum that it was conducting SEPA review for the project, on July 6,
2004. On July 28, 2004, the City Department of Commuiuty Developmcnf requested the County
Department ofBuilding and Planning to consplidate the necessary 5.EI'A rcviews and public hearings,
Uecause the applicant was proposing adjacent preliminary plats in botli the County and the Giry. The
Coijnty cieclined lo do so, pursuant to a letter dated August 4, 2004.
195. The City did not request Iead agency status for the proposal until it fled its SEl'A appeal on June
2005. The request was not timely submifted under WAC 197-11-924 (3).
196. WAC 197-11-930 provides that far proposed private projects for which khere is only one agcncy
with jurisdiction, the lead agency shall be the "agency with jurisdiction"_ An "agency with jw•isdiction"
means an agency with authority to approve, veto or finance ail or part of an exempt proposal. WAC l 97-
11-714 (3). The City of Spokane Valley has no approval authority over the cuiTent preliminary plat, since
the site is locatec{ outsicfc [he City limits. 1`he preliminary plat can be apprpved or denied independently of
the applicant's adjacent proposal located in the City.
. ;
197. WAC l 97-11-932 provides that for private projects lhat require nonexempt licenses from more than
otie agency, •the lead agency shall be that county/city within «lhose jui•isdiction is lvcated the greatest
poruon of the project a-rea, as me;isured in square feet. Tlie site is loeated entirely in the uni.ncorparated
area, and the City has no authority ta approve or detry the preliminary plat application The County is
required to be the lead agency for the prcliminary plat. 193. The City's SEPA appeal and the Ponderosa \jeighborhood Assaciation'; SEPA appedl contended .
that the envirorlmcntal review of the preliminaiy plat did not consider the cumulative impaccs from the
preliminary plat atid the applicant's adjacent project locat.ed in the City, and did not address various direct and indirect impacts affecting both projects.
199. The preliminaiy plat applications were submitted at the same lime in the County and the City. The '
TIA, the coneept drainage plan, Habital Management 1'lan, CultLaral Resources. Survcy, water plan, sewer
plaiis, fire evacuatiori plans, geo-hazard evaluation, and DNS take into account the infrastructure needs far, and cumulative impacls fi•orn, both. preliminajy plal proposals. This does not preciude SEP.A review
by the City for the adjacent preliminary plat proposal. The City retains aulhority over any peinii.ts needed
to extend publie sewer and ulstall a peciestr•ian path along 44'1' Avenue inside the City Cor itie current
preliminary plat, or adjacent preliminmy plat proposal. 200. The environrrieiifal cliecl:list, as supplenieiited by .he CourityDepartrneni of Building and Planning,
adequately considered the envuonmental impacts fiom the current preluninary plat. The DNS properly
HE Findings, Conclusions and llecision F'fi-1940-04 F'age 30
considered such impacts. The proposal, by itself, or in conjunction with the adjoinuig preliminary plat
proposal, will not have more ehan a anoderate effect on the quality of the environment.
~
201. Certain conditions of approva] far the pretimioary plat have been addeci or revised by the Examiner,
in light of the above f"indings of fact.
Rased on the above findings of fact, the l-fearing Exami.ner enters the following:
IIt. CONCLUSIQIVS OR LAVV
l. The prelimivary plat, as conditioned, generally confUrxns to the Comprehensi'Ve Plan.
2. The prelirninary plat anci dedicalion will serve the public use and interest; and make appropriatc
provision for dic public health, safety and general welfare.
3.- The prelimin~ry plat and dedication mak.e appropriate pravision for open spaces, roads, drainage
ways, schools and school grounds, playgrounds, parics and recreation, sidcwalks and pathways for children who walk only ta schoot, public transit, non-motorized transportatian, sauitary wastes, potable
water supplies; easements, utilities, planning features, critical areas, and all other reIevant facts as
speciFeci in RCW 58.17.110 ai2d the County Subdivision Ordinance.
4. The proposed subdivision meets thc genera] desigu requirements spceified ui Seetion 12.400.122 of •
the County Stibtiivision Ordinance, anci other requizements for prelirninary plats listed in Chapter 12.400
of'such ordinance. s .
.
5. 'Che SEPA appeals of the Determhiation of NonsigniGcance (DNS) issued for the proposal were
Gled timely. The birector otV the City of Spol:aue Valley Community Devetopment Departcncnl was
, aulh4rized to file the SEPA appeal subnutted on behalf of the City of Spokane Vailey. 6. 1'he environmentat checl:list, as reviewed and supplemented by the County Depai•tment of Building
and Plan.ning, contained a sufficient disclasure of the environmental impacts of the proposal. .
7. "Che prapasal, as cAnditioneci, will not have a probable, sign.ificanl adverse impact on the cnvironmeYit.
8. The threshold deterniination made by County Departmenc of Building and Planning regarding ihe
environment:al impact of thc proposal is enfitleci to st2Ustantial weighL
9. Tlie DNS issiied by County Depacrtment of Building and Planning for the proposal was not
clearly eirqneous, or arbitrlry and caprieious. 1'he SEPA appeals of the pNS issued for the proposal
should be denied. '
10. Significant new• int'onnation on ihe probable adversc enviroiunenta] icnpzcts of the proposal, by itself
ar in conjuilction with the adjoiiiing propasal la the east, was not submitted that cannot be reasonably
mitigatc;d lhrough condiLions of approval.
L
11. The procedural requiremeriis of SEPA and the Count's Local Environmental Ort~inance werc rne
T-M Findings, Conclusions and llecision PE-19;0-04 Fage 31
12. The preliminary plat, as conditioned, camplie; wittl the LDR zocie, other relevant provisions of the
County Loning CAae, the County Critical Areas Ordinance, and oiher applicable develapment regulations.
.
13. Approval of the prelimin?ry plat application is appropriate under Section 11 of the County Hearing
Examiner Ordinance, adopted by Counry Resolution No. 96-0171.
IV. Ql:CTSION .
Based on the Findings ofFact and Conclusions af Law above, the subject applieation for a
preliminary plat is bereby approved, subject to the conditions of die various a„encies specifed below.
The SEPA appeals fi[ed by the City of Spokane Valley atid by the Ponderosa Nleighborhood
Association are hercby denied.
Any conciitions of approval of public agencies that havE beeu added or significantly aliered by the
Exazniner are itrrlicizerl. This approval daes not waive the applicant's obligation to comply with all ather requirements of
other public agencies with jurisdiction over land developinenk
SF'QKANE COUNi'1'Y BUILDI\'G AND PL.'NiNG DEPARTIYIFN`C 1. AII conditions impased by the Hearing Ex3miner shall be binding on the "Applicant", wluch term - `
shall include tie own.ers and develo ers of. the ropcr f
p p t}; atid thein ceirs, assigns and successors.
2. The preliminary subdi-vision applies to the real property described in the preluninary ptat application submitted on lune 23, 2004. 3. The proposal shal! comply With the Low Density lZesiciential (LD17) zone, and a,ll other applicable
provisions of the Spokane Counfy Zoning Code, as arnended, 4. The final plat shaIl be designed substankially in confonnance wilh the Preliminary l'lat Nlap of
R.ecord submitted on APril 11, 2005. No increaSe in nizmbers of ]ats ar density, qr substantial
modification of the preliminary plat or conditions of approval, shall occur without a chacige of conditions
appIicZtion ahd its 3ppraval by the I-Icaring Examiner after a public hearing. 5. 'Che Building and P13nning Director/designee shall review aiiy proposed final plat to ensure
c•ompliance; With thesefindings and Conc4ilions ofApprovaL 6. A fnal plat/name/nunIber shall be indicaled Uefore the final plat is Cled, such namelnumber to be
approved by the Building and Planning Direclor/dcsignee.
7. Appropriat.e raad nafne(s) assiened by tlie Department of Buiiding and Plaruiing shall be draited on
the face of the final plat
. ~
~
I-iE Findings; Conclusions and Decision PE- i940-04 Page 32
S. Appropriate u6lily e3sements shali bc indicated on copies of the proposed finai plat .Appraval of
utility easements by appropriate utiIity conlparues shall be received w.ith the stibmirtal nf the fiaal plat,
9. Four (4) cui-rent certificates of ticle sh311 be furnisheci to the Spokane County Department of
Buildiog and Planning prior to filing the final plaE. 10. Pri.or to .filing of all or a pqrtion of a1e fina1 plat, the applicant's surveyar shall submit one or marc
niaps oudined in red of the area beuig finalized The scale shall mztch the appropriated a.ssessor's map
scale.
11, At ►he tunc of ficlal plat submittal, the applicant shall demonstrate either on the face of the fiual plat
or on an acceptable attachment that all lots locateci on a cul-de-sac or curvilinear street meet or excecd the .
. muumtun required frontage. 12. A sucvey is requireci prior to the filing of the fiD.a1 plaL -
13. The final plat dedicatiou shall state: "7he private roads and common areas shown on thi5 plat are -
hereUy dedicatcd to the homeowners azsociation created by doeumenl recordecl
under :State docuenent na.
14. . The private roads and common areas shali be eonsicieeed subservient estates £or tax purposes to the
other 1ots created hereia.
15, The final plat shali demonstrate compliance with the provisions of the Spokane County Critical
~ - Areas Ordinance, as amended.
16. Arinr ta final plat cipProval, the Courity Department of Building anrl l'Ianiring shtrll, aftet•
co►i,sul.tatioit i-vith the Wushington State Departrnerrt ofFish und Wildlife and the applicarlt's tivildlife
biologist, require appropricrte tivildlife fiabittrt initigation for the locatiat vf drainage facilitie.s alaig the
seasonal stl•earn iiz the com-mon opeM spare of the prelinai►rclry plat, in the r-evised conr.eptual drainage
pIQI1 S11tI171ItIG'CI Oll .Illl'2e 7, 2005. Tlze Depar-tnrent ofBuilding crnd I'lantzing inay, if it deems appropriate,
IIf1Jlt /)21d4gation to that recommended in tlie Vegetative Alanting Plan J'or Ponderosa Property
Sta-iniajater Deterrtion Ponds discussed in tlie lecter fi•om Larry Dau,es off3iology c$ Water, h7c. to
Neal-iizg ~'xarrriner rlaterl June 7, 2005. '
17, "rhe final plat shall comply with the recornmendations of Ule Habitat Management Plati submitted on
Octaber 4, 2004, as npplied to the revised preliirtinary plat nurp suhmit.tsd on.4pril 1l, ?DOS. The fi.na!
]7IQI 5IICIII QI.SO COJIlpIy 1✓11I2 III2 I171I1gClllpJl, ifany, required in coriditiort of approval ##1 d alaove, tivhich
rir.itigatian sliall be considered part of the Habitat ry'ianagernent Plorz.
13. The f inA plat shall comply with the recommendations of the Geo-hazau-d eclaIuation report dated
January 31, 2005. The identi fied Geo-hazard areas shall be iilustrated on the face of the final plat .
19.' A copy of the homeowncrs' associatiopi aruclys of incorporation, bylaws, covenants and resirictions, -
together :vith any other provisions for maiiitenance of the private roads and tie cpmmon areas and
facil2ties, shall be submilteci to theDepartment of.Building and Plaruiing for review and approvai prior tn
~.J - finalizing the preliminary plat. Resteictive coWenanfs shall be adopteci to unplement the requireinents af
HE Findings, Conclusions and Decisioai PE-1940-04 Page 33
the open spacc management plan and Coccfzty Fire District s coriditions of approval, and shall require
r,ompliaitce tivith the Cotuity CriticUl AreQS Ordutance and the Habttat lvfanagernent Plrrn. ` J~
20. Upon any discovery ofpotentiul or kraoiwi archaeological resources at the siteprior to or duriPig
on-siio construction, the rlevelaper, eorzu•crctar, ancUor any ather parties involved in construction shall
inunediately cense a1l on-site construction, shall act to protect tffe potBntiul or known liistorical an1
cultural resorcrces area fro»t outside intrusion, and shall notify thp Coiuity Developnrent af 8uildiiig and
Planning of said discovery 1vithaid a maximum pEriori of tvrenty fours frorn rJde time of discovery.
21. Lot i, Block 7 of the preliminary plat shall he dssigncrted ris common open space "Tract D
and 46"h Qvenue shall be rlesignated rrs "4a h LQI2L in the frnal plat. 22. The preliminary plat is given conditional approval for five (5) years, speeifically to August 5, 2010.
To request an extension of time, the applicant must submit a written applicalion to the County Department
oFBuiIding and Planning at least thirty (30) days before such expiration date, in accordance with the
extensian of dme pravisions of the County Subdivision Ordinance. Submissipn of a time exte.nsion . application after the close of husiness hours on the last day a time extension request can be timely
submitted will not be acccpted, and the prelirninary plat will becorne null and void on August 5, 2010.
23. The Building and Planning Department shall prep-are azid record with the Spokane County r'luditor Notice, noting that the property in question is subject to a variety of special conditions imposed as a result of
approval of a land use action. Tlus Tit1e \totice shall scrve as apublic notice of the cor►ditions of approval . 1
affccting fhe property in question. Tf1e TitIe Noticc should be recordcd within thc same time frame a.s
allowcci for an appcal and shall only be released, in full or in part, hy the Building anci Planning llepar[rnent.
The Title Notice shall generally pi•ovide as follows:
"The parcel of property lep,ally describeci as [rnsert legal deserzplion] is the siibject of a land use action by the
Spokan.e Couitity Hearing Examiner on A» gust 5, 2005, approving an applicatiori for a preliminaryplat, anct
impasing a variety ofspocial developnient conditions. file No. PE-1940-04, relating to such approval, is
available for uispectiuu and cop,rinb in the Spokaiic Cauiity Building aud Plannuib DepartmGUt."
SPOKANE CQUNTY DI.VISIC)\' ()F ENCINFE.RING AVU ROADS •
Prior tu release of a buildiiig perrnit or use of property as proposed:
l. Conditional approval of lhe preliminaiy plat by the County Engineei• is given subject to cledication of
right-oC way and approval of the road system as indicated in the 13reli.minary plat map of recnrd.
2. A traffic study has been accepted by the County Engineer for this proposal for a period of five years,
moi•e speciCcally to flpri130, 2010. f.n order to file any porlion of a piat afier the five-year prclirr►inaiyplat
approvai, the County EnDineer may require updated trafCc infomiation ip be submiited and additioiial
mitigation may be required. 3. Tlre apJ.ilICQ11L 15 ItOt Ob1lgC11ElI ID CUl7l!"!fjlll2 IhB SSDO fJe1' lOIfeE fU!" COlISI!'UCfIUfT of ll YC1lI!'OQCI
CI'OSSIIIg 1)2 II2B VICUTiIy, PefJIIESlECI !il C011dIi1011 of approval #3 of t{ie coriditioris of anproval scrbmitted by .J
the County Division of Engirieering cr.>id Roads on Ju,ne 8, ?OCJS for tlteprelirnir:ary plat.
HF FTndings, Canclusions and Decisian PE-I 940-04 Page 34
.
4. A Professianal Engin.eer, licensed in the State of Washington, shatl suUrnit final road and drainage
plans, a drainage report anci calculatians that confarm to the 2001 Spokane County Standards for Road •
afld Sewer constructFOn (as Yep(l.ated iti 2003), the 1998 Gu;delines for StoF-mwaterlvlanageinent, and all
standards and lavis that are applicable to this projecL Any final road and drauiagc plans and a drainage
report shall receive the County :Engineer's acceptance prior to relca;e of a construction or building permit
or approval of the final plat. 5. A concept drainage plan for tthis project has been accepted by the County Eneiz►eer. However, the
accepfance of the conecpt cirainage plan does not constitute final approval of the raads and cirainage
facilities for construetion. The County Engineer may have additional comments that will nced to be .
a.ddressed prior to accepiance of final road and drainage plans, 6. Consh•uction within the propnsed public streets aud easements shall be performed under the du-ect'
supenrision of a licensed engineer/survcyor, who sha(I fuinish the County Engineer wiih'Record
Dra«rings" plans anti a certificdte in writing tbat all improvements were instalied to the lines and grades
shown-.on the approved construction phins and that all dislurbed monumLnts have been rcplaced.
7. No conslruction work is to be performcei within the exisiiz►g or proposed public right-of-way until a
permik has Ueen issued by die County Engineer. ,4.11 work is subject to inspcction and approval vy the
County Lnginecr. " S. All construction within the existing or proposed puUlic right-of-way is to Ue completed prior to filin,,,
the Cnal plat or a bond in the amount estimated by the Counry Engineer to cover Lhe cost of canstnictiorl of
improvements, consLruction certificatian, "Record :Drawin,a,s" plans and momimencing ttie streel
centerli,nes shall be fiied with the Counfy Lngineer.
9. fZoad design, constzuctiori and drairiage cantrol for 1/2 righi-of-ways and stub road connections are
fhe responsibility of the developer. . 10. Approach Yermits arc required Cor any access to the SpokanE County road syslem.
1 1. Thc applicant shall dedicate right-o#=way as specified in the Spokane County SLindards for a cul-de-
5aC at the SQUiI]-wCSt COrner Of pl1t, for the termination AfSchaferBranch Road.
12. Dedication of the appliczble raditiu on Schafer Braneh Ttoad and 44`h Avenue is required ' \TOLe: The applicant m.iy need to grant slope easements in order to construct the fi-ontage
improvemeots required at the inlerseclian of 441"Avenue and Schafer Branclt Road, which shall Ue
determined at the time of final road and drainage design. 13. 'I'he Counry Engineer has designaied a Collector Roadway Seckion far the improvement af 44°Ei
.Avenue which is adjaceut to the propased development. 1'his will require the addieion of 9.5 to 11.5 feet
of aspf2alt. °C'he construction of curbing and sidewalk is also required. .
Note; T'he County Ln,ineer may acccpt a paved asphalt pailway in licu of sidewalk improvemen.ts
proposed in this condition. It is anticipated ttzat this pathway vvould be a ininimum of 10 feet in .
HE Findings, Conclusions and ]aecision AF-1940-04 Page 35 .
14. The Cowlty Engineer has designated a Local Access Raadway Secuon far ttle inlnroVemenl of
Schafer Branch Road which is adjacent to the prqposed developmenC. 't1is wiil reqtiire the additian of ;
approximately 27 feet of asphalt along the frontage oflhe development and corestruction of a cul-de-sac at
the soutla-we5t corner of the plat The construction of curbing and sidewalk is required. Thc applicant will
also be required to construct a 24-faot strip pave of Schafer Branch Road behueen F31ock 7 and Block 5 of ,
the preliminary plaL
Not.e: The County Engiiieer may accept a paved asptiait path«+ay in lieu of sidewalk iciipravemenrs
proposed in this canditiorl It is aaticipated that this pathway would be a minimum of 10 feet in
width.
15_ The private road shall be improved to adopted Spokane County Roa.d and Sewer Standards for
private roads.
vote: Any gates used or providing acccss on the private road shall be documented on road pIans •
anci shall be located in a maniier aceeptable to the Counry Fngineer. 1"he applicant shall also
provide documentation to the County -Engineer that the lqcal Firc District has reviewed and
accepted the location and function of the private gales. .
16. ,411 vesled owncrs shall sign and record private road documenis as prescribcd by the Spokane
County Engineer. Thf;se cloeuments shall be rEViewed and approved hy the Spokane Counly Engineer
prior to recording wilh the Spokanc County Auditor. Recording nufnbers shall be referenced in the
ciedicafory language of the plak 17. '1"he final plat dedication shall state: "WARNING: Spokane County has no responsibility to build,
improvc, rnaiiltaui or otlier wise service tlie private roads coniained within or providing servicc to the
property descriUed in this plat By accepting this plat or subsequently by allowirig a building permit to be
' issued on pc-operty on a private road, Spokane County assumes no obligation Car said private road and ttie
awncrs hereby acknowledge that the County ha.s no oUligation af any kind or nature whatsoever to
establish, exarnine, survey, construct, alter, repair, rmprove, maintain, provide drainage or snow removal
on aprivate rQad. This requirement is and shdll nin with the Imid and shall he binding upon the owner,
their heirs, sLCCessors or assigns including the obligation to participate in the maintenanee of the privatc
road a.s provicicd hcrein" .
18. Thc proposed plat shall be improved tq the stanclards set forth in Spokane Counry R.esolution No. 1-
0293, as ame►zded iii 2003, which cstablishes rc3ulaiions for roads, approac:hes, drainage and fecs in new
cotistruction. .
19. The County Engineer has exatiiined the development proposal arid deteiiniried [hat tie unpact of fhis
pi•opo'sal upon the exisCing Courlty Road System warrants the dedicatian of additional i•ight-of-tiv2y and the
roadway improvements herein specified. .
20. The 3pplicant is advisec3 that there may exict uiili[ies, either tincie.rground or Averhead, affecting the
applicant's propcrry, including property to be ciedicated nr set asid'e for future acquisition. Spokane
Couniy will a.ssume no inancial obligation for adjcistments or relocatian regarding ttiese uiilities. 'i`he
applicant sboui.d contact the applicable utilities i•e4arding responsibility for adju.stmen[ or relocation casts
and to make arTaneements for any necessary wor.;.
NF Findings, Conclusions and llecision PE-1940-04 Aage 36
21. The applicani shall grant applicable border e3sements adjacent to Spokane Coucity Right-of- Way
per Spakane County Standard;.
22. If the project is developed in phases, a phased raad and drainage plaii shall be prepared by a Iicensed
Professional Engineer, which clearly show the phasing of the develapincnt_ The plan must dcmonstratc
that each phase of the deveIopment is in confarmanca with the applieable Spokane County road aiid
drainage standards, and the Conditions ofApproval of the plat If the project is phased and one phase
ciepends on anofher phase for access anc!/or stonnwater treainient and disposal, the prior phase shali be
complet;,d, certified and accepted by Spokarte Cotuiry prior to the acceptance ofpIaos*for the depcndent
pha.se of the developnient. Spokaiie Cou,nry will not release One-foot no access strips on public roads .
unbl tlie subject ph1se is campleteri, certified and accepted by Spokaile County for m3intenance. No
access through a previous phasc of the devetopment will bc allowed and no plans will be accepted by
Spokane Couaty for construction un(ess the prior phase is certi .fied by the Sponsor's Engineer.
23. If it is revealed durulg site investigafion, either through observations during field visits, historical
dala, or soi] sampling/test pit exploratipn, Uiat shallow bedrock ancVor groundwater is found in the -
substrata, khen there shall be a site invesxigation and study conducted by a qualified Geotecluucal Enginecr
prior lo submittal of the road and drainage plans. The reporl shall, at a rninimum, address the Ceasibility of
construcling'basemcnts «ithin this develapment and identiPy thase lots where baseiuerits can be properly constructed. T ots where basemenls aiid beiow grade level construction is prohibited shaU also be ,
. identired n'o groundwater surnp pumps nr gravity drains may be coruiected to the sanitary sewer for any
of the lots in this plat or be discharged to pul,lic or private road surfaces. Suitable language shall be
placed on the face of the plat idenirf}ung those lots where below grade can;lruction is prohibited. All- .
~ mitigaiing iiieasures ttlat may be recom.mendcd for lots approved for basements sha11 be a rcquirement of
any building permits for said approveci lots.
N. Erosion Control: A Temporary Erosion acid Sedimeniation Control (TESC) p13n shall be prepared by
a WA SCate liceiised Professional Engineer and implenlented throughout the duration of construction.
1`he TESC plan sba11 be prepared using bcst mariagement praciiecs (BNIP's) currenfly accepted Naithin the
Civil Engineering profession. The '1"ESC plan sliall include, al a minimucn, a gradulg plan, location and
del.ails of silt control sti-uctures, and street cleaning pragram. Runoft from cxposed areas mttst be fillered
prior to discharging in[o a detention ponci dr evaporation pond. The TESC major structures (such as silt
poncls, siit traps) shall Ue inslalled prior to other sile work and the TESC measures shall Ue impJemented
and mtintained throughout the duration of construction, inclticiing house conslructioti.
25. Any part of the drainage system that lies putside of the public right-of-way svill neither be
maintauled nor operated by Spokane CouLity forces. Prior to plan acceptance by the County Engineer, the
Sponsor shall provide a cnechanism, acceptable la the County Engineer, for the perpetual maintenance of
the stormwater tuanagemenl system. This mechanism shall also provide for the funding otroutine
maintenance and the ceplacement ot the various coniponents af the drainage system al the end of the
service life pFlhe respective componEnts, and any other improvements that may be lebally required in the
fiihare. An Operations and ivl'riintenance Ivianuat for the starmwater management system sliai] be prepared
by the Spoiisor's Engineer, and included in the project docume:nts submitted to the County Enguicer for acceptaiicc, along with a disc:ussion of the design Jife of the various components, a calculated annual co;t
fbr repair and maintenance, ajid a calculated replacement cost. Homeowners Associations are accepted by
the Spokaue Couniy Eqgineer for canyyng out the required maintenznce functions and re;pon;ibilities.
HE Findings, Conclusions aiid Decision PE-1940-04 Page 37
25. Developeci volucnes of stormwater shall be disposed of ori-site. Any storaiwater discharge; f.rom
the dPvelaprnent shall be controlled fo pre-develaped rafes. The 2; 10, ajld 50-year stomos shall be
controlled to pre-developed flow rates and voluzies for the de[ention facility, at a minimurn.
27. The soils on-site appear to be a combinalion of soils that are pre-approved for drylveJls, per the
Spokane County Guidelines for Stormwater Management, and soils that are nat pre-approved for dry-
welis. SiFlce the propased drainage systern incorporates in[ilteatiart as a mcthotl of stormwater disposal in
the design, there shall be a sitE invesligaaoa. -
28. Full-scale dtytivell fests, accorciing to Appendix I of the Spokanc County Guidelines fQr Stormwater
Management, are requircd to verify the uifiltration rates utilized in the drainage desigiL The tests are to be
conducted by or under the direct supervision of a qualified Geotechnical Engineer and sha11 be complele
prior to projecE ceTtification. 29. The proposed plat is located wiihin a Critical Aquifer fZecharge A.reas (C.A.RA) df high susceptibility
to greundwater contaminatioa. C.aRAS are those areas wiih a criacal rechargulg effecf on aquifers used
for pAlable water. The treatment of stormwater runoff shall be provided for directly cannceted pollution
generating impervious surfacea, includuig traveled ways and parking areas Lhat are designatcd as high
susceplihility or cirain to an area of high susceptibility. The proUosed plal shall protect these critical areas
as re;quired in the County Crilical Areas Ordinance. The CARA provisions of the Critical Areas
Oi•dinance repl3ce the lreatment requirements of the former Aquifer Sensitive A.rea (ASf1) Overlay Gone.
30. Upon final plat approval, the Spokanc County Enguleer will issue a Transportation Concurrency .
Certificate far one hundred anci two (102) PM petik hour trips for a l 00-lot plak.
31. The proposa] shall compiy with current standarcis and laws relevant to stot7nwater drainage,
incltiding but not limited to Spokane County Code Scctians 9_ 14.200, 9.14.202, 9.14.205, 9.14.207,
9.14.209, 9.14.210 and 9.14,215 (kcsolutioa 1-1093, as aunended). , .
32, 1'reseiva.tion of the Nalural Lacation of Drainage System(s), to ensure fhat stormwater runoff can
cQntinur to be eanveyed and disposcd of in its natura1 lac.ition, sha11 be addressed in the drainage
submittal ancl identified an the face oC the plat prior to final plat acceptance.
33. "I"he revised conceptual drainage report is conditionally zpproved, scibject to the mdtigution required
by County I.7eportment afBuilding and Planrriiig condittons ofappravUl #16 and #17 above.
SPOKA\TE (:ULtNTY DIVI.SIOiV OC+ UTILITIES 1. The dedication shall state: "Public sewers 'sh311 ve constructeci to provide tor the connection of each
parcel to the County's systern of sewerage. The uses on properties within the project shall be required to
connect lo the se«+er and pay applicable cfiarges per the Spol:ane Counry Sanilary Sewer Ordinance.
Sewer conneclion pei-inifs shall be required." 2. Fublic Sanitary Sewer easement shal_i be showrn fln the face of the pIat, and the finai plat dedicaiion
shaIl state: "Thc perpetual easement grantEd to Spokane Counry, its successors and assigns is far the sole ~
Puraose ofeon;tructing, iastalling, oP erating, maiuEauung, rePairing, attering, replacing, rerzioviqg, and aIl
I-TE .Findings, Cot-iclusions and Decision PE-1940-04 _ Page 38
other uses or purpases which are or may be relafed to a sewer systcm. Spokane County, its successors
~
and assigns at all times hcreinafter, at their own cost and expense, rnay remove all crops, brush, grass ar .
trees that may interfere with the constructi,ng, uistalling, aperating, maintaining, repairing, allering, -
, replacing, removing and all other uses or purpose; whicb are related to a scwer system. The &-rantor(s)
reserves the right lo use and ecijoy tha[ propErty wluch is the subject of this easement for purposes wtuch
will not interfere witti thc County's full enjoynlent of the rights hereby granted; provided, the Grantor(s)
shall not erect or conslruct airy building or otller structtue or drill on the easemen.t, or dimuush or
substar2tiatly add to the ground cover over the easealent Tiie easemenk described llereinabove is to and
shall run wiih. the land."
3. The applicanl shall submit expressly to the Spokane County Divis.i.on of Utilitie;, under separate
covcr, oniy those plan sheets showing sewer plans and specifications for the public sewer cocuieclians and
facililie; for review and approval. Comrnel•cial developments shall submit historical and or estunated water usage as part of the sewer plan submittal. 4. Se«fer pIans acceptable tn [he Division of Utilities shall be subrnitted prior to the finalization of the
project- •
5. SecuriLy shail be deposited wilh the Division of U1iliLies fnr the construction of the public scwer
connection and facilities aud for the prescribed warranty period. Security shall be in a forui acceptable to
- the Divisian qf. LTtilities and in accordance wiih the Spokane Counry Sanitaiy Sewer Ordioance.
6. Sccurily shail be submitted to the Divisiou of Utilities prior to approval of Sewer :Desi,n Plans.
. 7. Any water service for Lhis project shaIl bc prpvided in accardance with the Coordinated Water
System Plan for Spokane County, as amendtd. S1'OKA\Ir COUNTY AIR POT.,LU'I'.[ON CONTI70L AU'f~IXvR11"X • '
l. Diist emissions during demolition, cpnstruction, and excavation projccts shall be controlled_
Appropriate mea„sures shall includc but are not litnited to the usi: of tivaler sprays, taips, 5prinklers ar
suspension of a.ctivity during certain weather canditions.
2. Measures shall be*taken to avoid the depasition of dirt and mud from unpaved surface; onto pavecl
stlrf'aces. Tf tracking or spills occur on paved surfaces, measures must be taken unmediately to clean these
surfaces, 3. Dcbi•is generaied as a result of this project shall Ue disposed of by means other than Uumin,g. 4. All traveled surfaces (i.e. ingress, egress, pai•king areas, access roacis, etc.) should be paved and .
kept clean to minimize dust emissions. .
5. Jf objectionable odars p•esult from this project, effective control apparatus and measures shall be
taken to reduce odors to a minimum.
'
1
HE Findiiies, ConcIusians and Decision PE-1940-04 Page 39
5. Special attention shall be giEren to proper rnaintenarlce of diesel powered constnc4ioai equipment to
reduce the i.cnpact nf diescl exhalist, a suspended carcinogcn. i f
7. A Notice of Constnictian and ApplicatioFl for Appraval is requircd to be suhmitted ancl approved by
SCAYCA prior Eo tbe constructian, instaltation, or establishuient of an air pollution sot2rce. TPiis includes
eanergency generatars rateci at 500 hp (375 kVLg or higher; nataral gas heaiing equipmerit units rated at 4
iVaIMBTLJ/hr or higher (inpuf), a.nd heating Equipment units fired with other fuels (e.g. diesel) ratcd at 1
hflvLB I'U/'hr (input) or higher. The applicaot shall contacl SGAPCA for a\~otice of Application.
8. A Notice of Went must he submittcd lo SCAPCA prior to any demolition projecl or asbestos
project An asbestos suR~ey niust be dane by an A.HERA, accredited building inspector prior to the
demolition or renovation of buildings to detemiine if asbestos-containing material is present at the site.
Contact SCA,PCA far a Noticc o£Intent application.
Sf'OKAn7E COUNTY FIRE I)ISTRICT 8 1. The existing water system should be upgraded to a capavility of supplying a sustained 1000 gallon
per minute tire flow wilh a residual pressure of not less than 20 PSI.
2. Fire hydrant•s shall be installed with approximately 500-foot average spacing. A11 hydrailts shail be
capable of supplyi_ng the required 1000 GPM flqw at 20 PST and meet other applicahle sLandards,
3_ Access roads shall meet Counry road staTadarcis. .1'arking an roadways shall not obstruct or prohibit
the passage oFlarge emergency vehiclLs. ~
4. If reyicested Gy Fire Disti•ict 8, t6te applicant shall assist t6ie ciistr-ict in developing an emergetacy
Pvar.uatc:on p/.nn for theproposal.
5. ' Common areas shall be kept in a matuner to resist the ignii_ion and spread of fire. A minimum of a
30-foot green space shail be constructed to buffer homes f.rom the threat of fire.
6. Covenants sh,all be estahlisheci lo reslrict parl;ing on strects so as not to hinder access by emergency vehicles.
7. The covenants shall i-equire that home construction be of fire resistive raofing and siding materials.
ST'OKA.\'E COU1'"1`l' FI12E UIS1'RICT 1
t. The applicant shall provide a water plan showing the installatian of new Crc hydrants spacLd a
maximum 6F600 feet apart aad located at ihe corncrs, when possible. •
2. Road.names shall be consistE:nt wikh established names in place.
3. Fu•e appaa-alus cui-rtai•ounds are adequate.
HE Findings, Conclusions a,nd Decision PB-I944-fl4 Page 40
C1TY QFSPOI{ANE VA11LEY 1''UBLIC WORKS DEPA.FtT11TENT
1. I}~acceptable ro the Ciiy ojS,Ookane Yalley, rhe applicanr., priar to fiialplar approvul, shatt construct a5foot tivide asphalt pedestriart pathwcry on the sout.h sirie of 44'h Avenue jrorn the east ~,?(ige
of the plQt houndary to souih Farr ~IZoad. T'heparhway shnll be offset at least five (S) feet from the> •exisiing asphnlt edge on 44f'' Avznue, subject to accont»iodation of drainage arad caiisti•c«tion of the
pathrray tii4thin the existing right ojwQy. portions of the patl2way that n:ust be located claser than~ the S-
foot separacion shall have rr thickeried edge. 17ie elevatiorr of tlje 12orth edge of the pathtivay shu11 ' otliersvise Ge constructed level titiith the edge of the existing asphalt, with the south edge constructed al ti
2% down grtrdient. - ~
2. If accsptable ta the City of Spokarte valley, the applicant, upon completion of the f rst phase'of the
finvl plat, the applicant sltall coiistruct a slmilar asphult pedestriai2 patliivay along 44`h Avenue from
south Farr Rotrcl east to Wooclrc~fj"Road. 3. % Ize applicant attd the City rytay agree to nlterriative conclitioizs or raquirentsnts for providitrg
pedestrian nccess along 44" Avenue.betiveen the site atid WoodruffRoad. 7he contlitians 6ierein nre not
. frztended lo preclitde the Cit.y fi•om requesting alternative improvenients for pedestrian access alorfg 44
Aveticre, suclr as ccirb a►id sidewalk, in the revie►v of the applica►tt's'adjaceiit proPosal locnted to the
east. .
4. . TIze appliccr►it's resporisiGiliry for constructing an o~J-s•ite J~edestrian puth~s~r~y under• this decision
rnu~J~be Iriitigatecl Gy road improvenrents reqt.rired as a result of the approval of the applicant's adj~cent
prvposaf, formutiori ofa road inrproventent district by the City, or the inslttllatton of road improveinents
~ along 44111 Avenue in conjunctioii ti+4th the e-.rteirsion of pcchlic sewer to the vrea by 2009. •
• : .1
SPdh'.ANE 17ECIONAL HEALTH DTSTRICT •
1. 7"he final plat shall ve designcd as iodicated on the prelirninary'plat of'recarri and/ar any attached
slieefs as nateci. ' 2. Appr4priate utility easements shall be indicated on copies of the prelirninaty plat of record
distritiuted Uy the Counly l3uildin, anii Plannuig Department to the utility companics,-the Spokane C4unty
Engineer, and the Spokane Regional Healtli DislricL Written appr4val of the easements by the utility
companies riiust bc received prior to the suUmitta] of the frnal plaL • 3. The sewage dispos31 methotl sb,,tll be a.5 atitlioriLed by the Director of Utiliiies, Spakane County. '
4. Water seivice shall be coordinated througfl the I7irector of Utilities, Spokarte County. .
5. * Water seivice shall be by an existing public water supply wlien approved Uy the Regiona] Enguieer
(Spolcane), State Deparlment ofHealih_ : . .
6. I'rio.r to filing the Cnal plat, the sponsor shall demonstrate to the•satisfaction of'the Spokane Rebional -
~ Healt.~ District that an adequate and poiaUle water supply is available [o each lot of the plat. ;
r1E Findings, Conclusions'and Decision PE-1940-04 . Pa~e 41
7. Prior to filing the final plat, the spoasor shall present evidence that the plat lies widlin the recorded
service area of the water system prap4sed to scrve !he alat. ;
8. The water purveyor shall approve a p]an for water facilities adeguate for domestrc use, doFnestic
urigation use, and fue protection use. 7'he water plau must have been approved by the fire protcceion
, d.is frict and the agpropriate health autbori[ies. The health authorilies, water suppl.iee (purveyor), and the
fire protection diskrict wili certify, prior to the Eiling of the final plat, on the face of said water pla.n that the
plan is in confomiance wifti their requirements and wili adequately satisfy their respective needs. Said
water plan and certification will bc dra#ted on a transpareney suitable for reproduction.
9. The purveyor will alsa certify prior to filing che final plat on a copy of said water plan that
appropriate contraccual arrangements have been made with the plat sponsor for construction of the water
system, ui accorciance with the approved plan and time scheduIe. 7'he time scliedule will pravicie, in any case,for completion of the water system and inspection by the appropriate hea(th auttiorities prior to
application far buildirEg permits witluu the plai. The contractual arrangements will include a prpvision
holding Spokane County, the Spokane Regional Health Aistrict, and the purveycir harmless from claims by
auy lot purchaser refiised a building permit dtze to failure of the plat spoiisor fo salisfactorily complete the
approved water system.
10. A~public sewer sys[em will be made avai[able for the plat and individual service Will be provicied
each lot prior io sale. The use of individual on-site sewage disposal systems shall not be authorized.
11. A statement shall be placed in the dedicaeian to the etT'ect thai: "A public sewer system will be -
made available for the plat and individizal scrvice wiil be providcd lo each l01 prior to sale. ThE use of - '
individual on-site sewage clisposal sysiems shall not be authorized" -
12. 7'he cledicatory languagc on the plat shall state: "The use of private wells and water systems is
prohibitecl."
13. "1'he final plat dedication shaU contaitl the following s[afement: "The public water system, pursuant
Eo the tVaEei- Plan approved by county and seate health authorities, ihe laLal fire proEection dislrict, the
Coutity Building and Wlatining Departmen[ and water purvcyor, shall be installed :vithin this subdivision
aud the applicartl shal[ provide for individu3l domestic water scrvicc as well a., #ire protection to e;ich lot
prior to sale of each lpt and prior to issuance of a building permit for each lot."
DA'CF-.17 this Sth day of AugusL, 2005 . •
SPQKANIa COUNTY HEARING EXAIM1NER
ael . 17empsey, WSBA #$235
,
~
'.HE Findings, Conclus-lons and Decision FE-1940-04 - Page 42
~ ' .
~ f
NOTICE QF PINAL n.EC1S.IOr' AiND n'OTICE Or ft.IGHT TO APPEAL
E'ursuant to Spoka.ne Councy Resolution \TO. 96-0171, thc decision of the Hearing axaminer on an
appti.catian far a preliminary plat is final anci conctu.sive uuless within twenty-one (21) caIendar days from the
issuatice of the Examiner's decisiofl, a party with standing files a]anci we petition in superior court pursuant
to chapter 36.70C RCW. Pursuant to ehapter 36.70C RCW, the date of issuance of thc Hearing Examiuer's
decision is three (3) days after it is mailed.
This laecision was mailed by certified mail to the tlppiicant, and by first class mail to other parties of
. record, on Augu;l 5, 2005. The date of issuance of the Hearuig Eaaminer's decision is therefore .August S,
2005, counting to the next day when the last day i'or mailing falls on a 4vicekend or holiday. THE LAST
DAY FOR APPEE1.1., ()F THIS DECISIOni TO SIJPER_iOR COTJI7T BY LA1~TD USE PETT'1'CON IS
AUGiJ,ST 29. 2005. . '
The complcte record in this matter, ulcluding this decision, is on file during the appeai period with
the pffice of tlle Hearing Fxaminer, 'fllird Floor, FLlbI1C Works Building, ] 026 Wes! Broadway Avenue, ,
Spokane, 1'Vashington, 99260-0245, (509) 477-7490. The file may be inspected Manday - Friday of each
Nveek, except holidays, between the hoLirs of 8:30 a.m. and 5:00 p.m. Copies of the documents in the
record will Ue made available ai the cast set by Spokane County.
Pursuant to RCW 36_70B.130, affected property owners may request a chan,,e in valuation Cor property tax purposes notwithstanding any program of revaluation.
PIE Firidings, Concliisions and laecision l?F-1940-04 Page 43
SFOKANC COUiNTY H.E.ARIi,IG EXA.11'IT1\k:R
}2.E: Application for the. Preliminary 1'lat of
Ponderosa Ridgc, in the Low Density )
Residential (LDR) Gone; ) ORDER CORR.ECTM.G
Appticant: Cameron & Associates CI,F-.ItICAL ERR0RS
File No. 1'E-1940-04 )
)
i. FfNllINGS OF FAG T
On August 5, 2005, the Heariug ExarnuYer entered written Finduigs of Fact, Conclusions of .
L~.3w and Decision ("Decision") in the above-referenced file.
After the mailing of the decision to parties of rccord on August 5, 2005, the Exanuner
cliscovered that the conditions of approval recommended by Central Valley School District iu its
letter dated June 6, 2005 had 'uiadvertently been left out of the conditians of appraval portian of
the ciecision. Such recnrnmendE:d conditions are'referenced in Finduig af Fact #123 of the
decision, w' ere not opposFxi by the applicant or other parties of record and should bc unposed.
. , ,
Thc Exami.ner also discovered a elerical error in the second sentenee of Finding of Fact .
#l 89, which should have stated: "The D\TS was avai(able the day afler the not::ce of hearing wns
pr-ovitled." . . ~
. , 1
. , ,
Sectioii 17 of the Hearing E-xaminer Rules of Procedure authorizcs the Heariug Examiner to
recansider or clarify a final decisivn to correct a clerical enor.
T.I. ORDER
[t is hereby ORUk.:R.ED that the Cxanuner's written decision in the above-referenced rnatter
dated August 5, 2005 be revised to add the following eonditions of approval: .
"CENTRA.L VALLEY SCH00L DISTIZIGT
i. Sidmralks sliall bc provided along the traffic lanes tivithui the dcvclapment.
2. A hard-surFaced area shall be provided at the perimeter of the dcvclopment to serve as
an off-street waitirig area for students waiting to board a schvol bus.
3. Area lishts shall be pro«dexi at areas designated by the schaol district as poteatial bus
stops.
4. AdequatL ruadtivay Nvidth andJor turning radii shall be provided aIong the private roads .
in the dcvelopmeiu to safely serve sluclcuts residing in the developmcxit at or near the peri.rncter
ofthe develnpment."
~
r`
Order Correcting Clerical Errors PF-1940-04 Page 1
S F' dT< A N' irs- r C O'C.J N'Y' X
OFFICE OF THE HEARth'G EXAhfINER MICHAEL C. DFNfPSEY, CHILF F.XA.vIiNER
August 19, 2005
Cary Driskell
beputy City Attorney
City of Spokane Valley
11707 B. Sprague Avenue ' Spokane Valley, V1'A 99206 -
1ZE: File No. PE-1940-04 (Pondcrpsa Ridge), Reauest for Reconsideratipn and
Clar.ificatiou
Dear iVl:r. Driskell:
I am i.n receipt of your .letter date;d Au,giist 11, 2005, requesting reconsidcration and
clarificatian of my decisian in the above matter issucd on August 5, 2005. a~1y office did
uot receive youc• lclter in the mail uutil August 15.
I am also in rece.ipt of a letter clated August 17, 2005, from the applicanf's attorney, Mi.ke `
iVlurphy, res-ponding to your letter. I recei~ved this letter by facsimile on August 17.
Section 17 af t11e Cou.uty Hearing Esaminer Rules of Procedu.re vests the Hearing
Exanuuer tivith Licuited authUrity to reconsider or clarify a final decisipn, wluck shall
be coufined to addressing excepti.onal circumstances such as correcting clerical ei-rors,
i:raud or obvious ambiguity." .
Your letter first asks whether I basecl my decision an the preliminary plat prqpqsal in
Cnunty File No. PE-1940-04 being a"separate" project frnm xhe adjacent Ciry of
Spokaue Valley preliminai-y plat proposal, or whethcr I reviesved the two proposals as
"one project act.ion" located both in the County and the Ciry.
For t.tie purpose of apprpval under the County Hearing Nxaminer Ordinauce and the
County Subdivision Ordinance, rny decision and the conditioos of approval pertain only
to the prcliminary plat applic;ation suUmitted to the County in :pile iN0. PE-1940-04.
For the purpose of SEPA revietiv, my decision did not vi.ew the two projects as a"single
c4urse of action" that must be evaluated in the same environmental document. This is
because the Coimty project can procecd without the City project being simultaneously
implemented; and tlie County project is uol an interdependent part of a"larger proposal"
with the City projeci dependent on the "largcr proposal" for justification or impl.etnentation. See «AC 197-1 1-060(3)(b).
I1-itD FI.OOK PuHUC WORKS BcmDTNC
1026 WFST F31tOAll4VAY AVENUE, $f'OKANE, WASM[NGTQN 99260-0245
PHONE: (509) 477-7490 • FNt: (509) 477-7478 9 TDD: (509) 477-7133
Cary Driskell
File No. PE-194U-04 (PondETosa Ridge) ~
Requesl for Recavsideration and Clari6cation
August 19, 2005
Pagc 2
T11e two projeets eould be considered "similar actions" tinder GVAC 197-11-060(3)(c).
However, such provision does not require the analysis of "similar actions" in a single
enviroti_mental document, 'Neverthe,l.ess, my deeision, and the responsible official for the
County Depai-tment oFl3uilding and Planning, did consider the "cumulative" impacts of
the County project in conjunctiun wiih unpacts from the City Project and qther
developments iu the area, as relevant, so that the threshold decision. ancl mitigation for the
Couuty project were appropriate. The bcst example of this was the traffic impact
analytiis. My decisiou did not require the applicant to mitigate the impacts of tlie adjacent
City projeet, which would be inapprnpriate.
Your letter alsa requests that :f. revise City of Spokane Valley Public Works Depattment
condition #2 on page 41 of the decision, so that the portion of the asphalt pedestrian
paikway to be constitiicted along 44`4 Avenuc between south rar.r R.oad and ~Vnodru(f
Road is built "prior tv upproval of t6ie ftna! plat for" the first phase of f,1te final plat,
rather th.an "prior• to comnletiori of' the first phase of the final plat. Youi• rationale for
this cht►nge is that tlus would set a clefinitive trie,.,ger point for the constructinn of the
easterly poi-Eion of the pathway.
Mr. Murphy in his letter st.ates that the two sections of pathway shoul.d be harmonized in
terms of when the conditions apply; agrees with Mr.. .Driskell that a defuutive trieger
pouit is ueeded, but suggests that this be ivhen a"certificate af occupancy" is issued for
any house built on the site, subject to the allcrnatives refe.renced in the 3n1 and 4"'
paragraphs of the conditioii; suggests that the path design be lied to tlle speci_fications
stazed in the letter dated May 23, 2005 from Cliff Cameron to John Hohman of'ttle City
Public Works Department; and requests clarification of the language "If accept.able to the
City of Spokanc Valley" in the Frst two paragraphs of this conciitian.. ,
I talce notice that the County does not issue a"certificate of oecupancy" for completion of
a single-fanily home, just an iaitial building perrnit and a final inspection after the home
is completed.
The i•eference to "If acceptable to the City of Spokane Valley" in the first hvo paragraphs
of this condiCion means that if the City does not want a 5-foot pedcstiian path to. be
constructed aloug 44`h Avenue, the applicant does not have to constivct the pathway. I
believe paragraph 3 adequately coveis this situation.
Paragraph 4 of the conditiou was only meant to apply if the other means of canstructing
the pathway, e.g. the iinUrovement of. 440' Avenue for the public sewer, formation of an , ,
Cary Driskell File vo. PE-1940-04 (Pauderasa Ridge)
Reyuest for Roconsideratioii arid Clarification
August 19, 2005
Page 3
RID, etc. occurred before the obligations to construet the pathway under the first two
par.agraphs, respectivcly, kicked in. :Gn my ciecision, I ticd the specifications for the pathway as close to Nir. Cameron's letter
as 1 felt prudent, without getting into issuc.s such as engineering, location of a tempormy
pressure line under the pathway, etc. A review of the preliminary plat indicates -that there are a total of 64 lots in Phase One of
the preliminary plat. Thi.s includes T ots 6-12, 131ock 6; Lors 1-2, Block 4; Lnis 1-25,
Block 3; .C,ots 1-14, Block 1; Lots 1-10, Block 2; aad Lots 8-13, Block 7. This leaves a
total of 36 lots in Phasc 2.
I do see a neeci to elarify the worcls "upon ca»:pletion o, f thefir;rtphase" ui the subject
c4ndition, 'regarcting the timiug for construction oFthe easterly portio.n of the pathway.
What 1 mcant here was that the easterly partio.n of the pathway should be constnicted
prior to developmcrit of the second phase of the preliminary plat.
~ J After consider.able thought, I hereby clarify and revise City of Spokaile Valley Public
\Vorks T)epzurtmcnt conditions of appraval ou page 41 of the decisipn to read as follnws:
"C.lTY OF SPOKttiyE VAL,LEY 1'OBLIC WnRKS llEPF1RTNfF\"I'
l. The applicant shall, prior to issuance of the frrst builcling permtt for a
sirigle family dbvelling in the develapmeirt, construcf a5-faot wide asphalt
pedestrian pa[hNv-ay on the sout6 side of 44'h Avenue from the east edge of'the
plat bounclary to Wooctnrf~"Road. The pathtvay shall be offset at least five (5)
feet &om the e--kisting asplialt edge on 44'" Avenue, subject to accommadati.on of
drainage and consti°uction of the paEhway within the exasting right of way.
Portions of Clte pathway dhat must bc located c]oser thitn the 5-fooc scparation
sbal.l have a thiGkened edge. The elevation of ilie nortlt edge of die pachway shal
otlierwise be constructed level w-ith the edge of the existing asphalt, with the
soulh cd~c constructed aE a 2% down gradient. 2. The applicant inay, at its sole discretion, delay constriicti.on of the
portian of ihe pedestrian puthway lying faehveen south Farr Road and
Gyood►7~fj'Racrcl cuitil issuance of t{je 6S"' btcilding permit for a single family
{zame in the development.
3. The applicant and the City may agree to altemative conditions or
requicenients for providing pedcsirian access along 44`h Avenue behween the
site and 4Voodruff Road. The conditioras herein are nof intended to preclude
the City from requestiq, alternative improvements for pedestrian acCess along
Ca.ry DriskeU
File No. P6-1940-04 (Ponclerosa Ridge) j
Reqtiest for Rcxar►sideration an.d Clarifcaaon
rlugtist 19, 2005 '
Page 4
44'hAvenue, such as curb and sidewalk, in the review of'the applicant's
adjacent proposal to the east located in the Ciry of Spokune Yalley.
4. "1'he applicaut's responsibi.lity for conslructing an off site pedestriaLi
pathway, ns set jorth above, may be mitigated by road izuprovements along
44Jh Avenue required as a result of the approval of the applicant's adjaceut
proposal, construcied throccgh formatiou of a road improvement districl by
ehe City, ar installed in conj,unc:tion with the exfeiision ofpubl.ic sv'ver;
providecl such tilternatives occur hefore the upplfCant's resportsibility for
construction of the pathway is triggered undsr the ahove purtigrttphs."
Since 1 am not changing the decision in any substantive way, I see no need to extend the
appeal period on the deeision; which nins tlu-ough.A.ugust 29, 2005.
S incerely,
Michael C. Decnpsey J
Hearing Exacniner
c: Mice iNluiphy, Attarney at Law
Brian McGinn, Attorney at Law
Cliff Camernn
Tarnmy Jones, County Department of Building of Planning
iMikE Connelly, Ci.ty Attqrney .
~
~
` 1 0RC19ALUILEo
2 AUG 2 9 2005
TWOrAAS R. FAL1.QUlST
3 . RECEf VEp SPOxANE COUNTY
4 . AUG 19 2005 5 CITY QF SPOKANE VALIEY
~
GITY CLERK j ; li
6 ,
7 SUPERTOR COURT, STATE OF 4VASH.NGTON, COLNTY OF SPOKAN'C
8 PO'Nr1,7EROSA Nh.[GHBQRNOOD -
9 ASSOCTATION, a 4Vashingtonnonproft
coiporation, .
10 Petitianer, No. 0520 4 183 0° 8
11 .
12 vs. LANla USE PETMON
SPOICAT~?E COUNTY, a Washington
mtmicipal corpoiation; CAa'VCE:RON &
14 ASSOCrATES, a GVashington sole
proprietorship; and LAN7C_E DOUGLASS, 15 an inclividual; LrTZCF G. DOUG~~A.SS
16 INVESTM:ENTS, LLC, a W1ShingtO111iPnitGd
liability company; CT'CY OF SPQKANTL
_17 VALLEY, a Washuigton rnun..icipal corporatiUn. . 18 . .
Res oiidents.
19 .
20 •
Pctitioner, Pondcrosa iNTeighborhoad Association, a Washington »onprofit corporation, by
21
and thxough its attorneys,~Brian T. McGirin and ~'~~inston'& Cashatt,'' subnuts this I~and U~se
22 ~3 Petition for revie«i of Finciings of Faet, Conclusioiss of I.aw, and Decision of -Spokane County ,
24
. ~ A Ph''JPE9510N11L SL-IVICE CORPORATION
1:.A\'D USF PETITION. 601aNes1oAFmrslde A e u>,dxji9G0
.PAGE 1 5paknnc.lvash;-lg;on992D1-0895 ,
(509) 833-6131
~ V44opy
1 Hearing E.xaminer in regaxd tc~ the Applicafion f.or the Prelimuiary ~'lat of Pc~nderosa k~ic~ge,
2 Spolcane County File No. PF-1 940-04 (ihe "Project").
3 I. Idcnti.fication of Parties 4 1.1 Petitioner is F'onclerosa \Teighborhood Association (ihe "PiNA"), aWashington
5
nonprofit corporation. Its mailing address is 9716 East 45th Avcnue, Spokane Valley,
6
Washington, 99206.
7
8 1.2 Petitioner's attorneys are Biian T. McGinn and Winston c4c Casbatt. Their mailing .
9 acidress is 601 W. Riverside, Suite 1900, Spokane, «ashingtan, 99201. ,
10 1.3 R.espondent County of Spokane is a municipal corporation of the State of
11 Washington, and the local juriscliction whqse land use dceision is at issue. Spokane Cpunty's .
12 mailuig address is W. 1116 Broadway, Spoka.ne, Was6inglpn, 99260.
13 '
1.4 Michael C. llempsey is the Spokane Couury Hearuig Examiner, and he was the
14
15 decision rnaking officer wit:h respect to the Preliminaly plat ofPonderosa R,idge. His address is
,
16 7hird rlonr Fublic Works Building, 1026 W. Broadway AvE., Spokane, WA 99260-0245.
17 1.5 Respondent Cameron R Associaces is aWashington sole proprietorship and the .
18 applicant for the preliminary plat. its tilailuig acidress is Camerori & flssociates c/o Cli_fford
19 Cameron, 8419 N. Northview Court, Spokane, Washington, 99208.
20 '
1.6 Respondeut Lanzce 177ouglass is the site owner according to the Hearing
21 .
Examincr's decision. The mailing address for Lanzce Taougl.ass is 1402 E. Magnesium Drive,
22
23 Suite 202, Spokane, Washingtvn, 99207.
24 . GUUl2G~~i~"G~ C~ll~ldll.lL ``1
, A PAOFESSION'AL SERVICE CORPOAkiION
Etank ot Anw_ri~e Fln3nclal Cen;sr
Lt1~TTa [JSE 1'E"1"1~T10~1 aos v~resi raa:ersideAvaawe. sulro 1900
PAGF' 2 • Spotane, Washir,gton 992{}1 -0695
[509J 83&Gi3t
/1 1.7 Respondent Latizce G. Douglass Znvestments, L.LC is identified as the site owner in
2 the tax assessor's reeo.rds. Tts mailuig address is 1402 L. Magnesitun Drive, Suite 202, Spokane,
3 Waslthigton, 99207. 4 1.8 17espondent City of Spokanc Valley is a municipal corporation of the State of
5
VVashington. Tlle City of Spokane Valley's mailing address is 11707 B. SPrague Aveniie, Suite
6
106, Spokaiie Valley, Waslungton, 99206. 7
_ 8 lY. Stanciing .
9 2.1 . 1'he Ponderosa iNeighborhood Association (the "1'NIA") was specifically organized
10 as a Washington nonprofit coc-por3tYOn in ordcr to preserve and improve the Pondcrosa
11 iNeighborhoaci, including its plant and wildlife habitat and its low ciensity housing.
12 2.2 The members of the FNA include persnns residing in the Ponclerosa Neigh4orhood C'
.~3
who are directiy affected by pr.operty development in and arnund the 1'onderosa NTeighborhood. 14
2.3 J'anice S. Cooperstcin, who is a member of the PondErosa I\Teiohborhood .
15 .
16 Association and who resides at 9716 East 45ti1 Avenue, Spokanc Valley, Washuigtori, which is
17 im.n.zediately adjacent to the City haif of ttic projecl• anci about 700' froin the subject Panderosa
18 Ridgc project, will be aggrieved by the approval of the subj ect preliminary plat application; due
19
to environmental inlpacts, traf.fic inipacts; degradarion of wilcllife habitat, diminished fire an.ti
20 . emergency access, public safety unpacts, as wei I as the failure eo conciuct complete and
21
22 coord:inatcd plarining to ensiu-e orderly aiid responsible development in thePonderosa
23 Neighborhood. The Ponclerosa Nlcighborhood Association, by appealuig the clecision of tlie
24
~ A PA9FESSEOKRL ScRViCE CORPORATDON
Bsn?c af nmcriai : Pnanda7 Cen[er
LAND USE PF'I'ITION 601 tiveec Rivem-Me Arcnuc, su+ce i o00
PA.GE 3 $poken?.1VetAington99201-0695 '
(SW ) 836-6131
1
Hearing Exauuner, is rcpresencing fier interest as well as other simi.larly situateci mcmbers of the . 2 Association. . 3 2.4 Neighborhood residents formed the PvA in order to provicie a unificd voice of
4 apposition to the Pruject, as well as other incornpatible, higher-density housirlg developinents
5
proposeci in the neighborhood.
6
- 2.5 I'he PNA and its indiNiciual mernbers wi]L be prejudiceci by the approva] of the 7
$ subject prelimiiiaty plat application, due co increased tia£f c, increasuia risk of traveling an the
9 roads within the neiollborhood, irreversible envirorunental impacts, and irreparable degradation
10 of wi.ldli.fe habitat.
11 2.6 Further, the k'NA will be prejuciiced by the approval of the subject preliiiunary plat
12 apPlication, duc to potenti.allY hazardous tra£fic imPacts, diminished fire ancl emergencY access
,
~
13 - • ~ '
and public safety impacts.
74 15 2.7 All abovc listed injuries will be amplified by the failure to conduct complete and
16 coordinatcd placuiing ~vith the City of Spokane Valley to ensure orderly ancl responsible
17 tlevelopttlent in the Poncicrosa Neighborhood. ,
18 2.8 Spokane Cotuity, the local jurisdiction, is rEquired to cnnsider the uupacts of tlus
19 pr.oposal on the PNTA in its representative capacity af inembers owning property adjacent to and
20 '
directly affecteci by the proposed developnlent. . .
21 2.9 The court's revcrsal of the conditioned approval of the'preliminary plat at issue will
22
23 cliiiunate prejudice against the I'I~TA.
24
Gf/!/lZ~.f~G"lL ~ (JCJ.CI/lQ.~i ; . ~
. APROFESSIGNALSEA4ICE CORPOf2liPION '
EankollunciwFnenefi9lCenter ~
LAvD USE PFTMON 601 Wost FUvers,IeRvzme, suic-3 1 9oa
j?AGE 4 Sryaicanc. Vda.him5on 9 9 261-059 5
(oU3) 6385131
1 2.10 The PNA. exhausted the available adnunistrative remedies by timely Fliiig aii
2 appeal of the thres.hold deterniinatiou (i.e. the "deterrnination of nocl-signif cance" or "DNS") -
3 issued by Spokane County. The PIvTA presented its argulilents in this administrative appea] io tlie-
4 Hearing Fxaaniner at the hearing on the underlying goveriunental action. .
5 . II. Procedural Histnry aud Decisions •
6
3.1 On Juiic 23, 2004, Cameron & Associates, on belialf of the property o«rncr,
7
8 submitted an application for a preliminary plat and a Plaiuied Unit Development (RC1D) Qvcrlay
9 zone, to divide the site into 100 lots for single-family dwellings and 9.4 acres of common open
10 spacc. . 11 3.2 On July 22, 2004, the County 17epartrnenl nf :E3uild'uig and Planning advisecl die
~12 applicant that the prcliminar.y plat application was subject to the LDR zone and the rcvisecl PU77
3
Overlay zonc standards contained in the Phase rI Develanmeut 1Zegulations, ancl wnuld liave to
14 . .
15 be revised. .
16 3.3 On April 11, 2005, Catneron & Associates submitted a revised preluninary plat
17 rnap to divide the sitc inta 1001ots for single-f.anuly dwellings, in the LDR zone, without a PU[7 18 Overlay zone.
19 3.4 Qn May 24, 2005, the County ]7cpartment of 13uilding and Plan,ning issued a
20 Detennin3.tion of Nausignificarice'("DNS") for the revised proposal. '
21 -
3.5 On June 7, 2005, PNA filed a timely appcal of the .DNS Mth the Couniy
22
23 Department of Building and Planning. 24
- hPROFESSIOiIA.l.SERVICECCfiiPOriAI1ON
I.ANi7 USE PETITION 3ankot.4m_rf~n FL~anci,l Cer«se
60 1 Wos1 Wersldq P.venu--, Suile 1900
' p.qGE ) Spckinq,4eash1ng7Dn992[17-0685
I~~? ~B•613t
1 3.~i On June 7, 2005, the City of Spokane Valley filed a tiuiely anpeal of the D~iS ~:~ith
2 the Coiuity:17epartmenl of Building and Flanning.
3 3.7 A public hearing on the preliminary plat application was conducted an Jluic 8-9,
4 2005, the mattcr beiiig heard vy Spokane County 1-Iearing Examiner, NIr. iV[ichael C. Deinpsey.
5
3.8 On August 5, 2005, the Hearing Examiner entered the findings of fact, conclusions
6 7 of law, and decisiou (the "]aecision") on the prelimina.ry plat applicatiou, a.nd mailed a copy of
$ the Dec;ision to thc applicant and the parties of rccord.
9 3.9 On August 8, 2005, the Hearing Examiner cntered an Order Correcting Clerical
10 Crrors, to clarify the•Decision. .
11 3.10 A true and correcf copy of thc Hearing Esaminer's Decision, incluciulg the rindings
1.2 of .fact, conciusions of law, and ctecision, as well as the Orcler Cqn•ecting Clerical Erc-ors, is _
13 '
attached to this Petition rLs EXHIB1'I' A. - ~
14 3.11 l_n. the Decision, the E~eating Fxaminer approvcd the pz~elii-ninary plat applicarion,
15 .
16 subject to the stated condiEians, and dEnied the appeals Uf: ihe DNiS by both the City of Spokaiie
17 Valley and P1TA.
1$ Iii. Stateineut of Facts
19 4.1 Caiuervn & Associates, on behalf of the property o«rner, submitcecl a preliminaiy .
20. plat (as revised and submitted April 11, 2005) seeking approval to subdivicle 27.7 acres of laild .
21 into 1401ofs for suigle-fanuly dwellings, in the Low Densify Rcsidential (L:DR) zane.
22 . 23 4.2 Thc luid submitted for subdi'vision, under tax parccl.no. 44052.9179, is located at
24 the southcast coruer of the intersectiou of 44`h Avenue and Schafer T3ranch Road, in the U./l/lT.dCG7L~ ('J~lld~fi ~ \
A PFOFESStONAL SEFiVECE CORPORATIOPJ J
Lt11\tD Lj$E PE'fIT10\I 9ankol Arnc,ir,:Fm.-,ad center -
. 901 Wes: AivorsMe AvemQ, Suita 1800
PAGE 6 soox„o, vra.ni,g,m e9201 -ons
JscG) e33-5131
.
~
~
1 northwest quarter of Section 5, Townsfup 24NOrth, Range 44 East, Willamette Vleridian, in
2 Spoka»e County, yVashington, anci is more particularly ciescribcd in the prelirninary Plat
3 application as follows: "All of Govt I.4 & 5 exeept plaEted portion, c4c exeept tliat part of Govt L5
4 as io»ows: comm. at the SW cor of T.,S, Thence NOrth 516_14, Thence E 30, Ttiencc Nlorth 396,
5
Thence east 660, Thence S 396, Thence West 660 to the point ofbeginiung."
6 4.3 A drativ bisects ttze site in a north to south direction, and contdins a sGasonal stream,
7 '
8 which flo«~s from the top of Bro~vn's ivlountaiil. The seasonal stream is spring-fed and connects '
9 to other natural drainage ways in the area. A,culvert connects the north and south sides of 44'h ,
10 A.veuue in lhe alignment of the seasonal strcam.
11 4.4 Tr►e County Critical A.reas DNEZ skream types map illustrates a 1^ype 5 seasonal -
12 stzeam extencli_ug through the site. Thal streain follows the path of lhe Type 5 stream as
~_3 illustrated oi1 the preliminary plat niap. - •
14 4.5 County Critical A.rea Wildlife maps illustrate el.k and white-tailed deer priority .
15 '
16 wildlife and urban nahu-al open area priority habitats on the site and n.eighboring properties.
17 4.6 The propQSed devclopment is in close proximity to the Illcr Creek Conservation
18 A.rca ancl the Dishn-tasi Hills Nalural Area, an(i the existing riparian area locatEd adjacent to thc
1.9 seasonal streaiil on the site.
20
4.7 The topography ofthe site is hilly, ajici includes steep slopes ranguig ttp to 30%:in
21 grade. The site is vegetated with ponderosa pine trees, aspen lrees, and awicle rangc of shrubs,
22 .
• grasses and plants. '
23 24 .
A FiiQFcS510?vtl SEriVJGE CORPORATI01d
LANTT) USE PETITION ' sarLt W fvneri^a Fnancia! Cenier
001 Wcst Hhrerel4e Avenue, SuiOO 1900
PAGE 7 MaWny:an ssani .csss •
(509),°"..8-6i39 •
1 4.8 The applicant's 1-Cabitat.Mazagement tZeporl was writtcn aiqzr the frst preliminary f
.
2 plat plan was submilted in Junc 2004 aud inade no rnodificatioil_s to that plat plan. The revised
3 Apri12005 preliuunary ~.~lat did not address the recommendations by VV.DFW or DOE to mitigate
4 ttie irnpact on wildlife.
5 4.9 Spokane County issned a DNS for the Project despite comments from both the
6 Depail.ment.of E_cology and WDPW khat the preliminary plat plazl did npt adEquately address
7
8 protection oF the priority wildlife habitaLs on the parcel or the protection of the nearby Distunan-
9 Hills Natural Arca to the north and Iller Creek Conservation Area to the souCh.
10 4.10 There is tEStimony and ciocumentacy evidence in the HEaring that the applicant's
11 Habitat vlanageiiient Plan did not meet the requirements of the Critical Areas O'rdinancc or the
12 Comprehensive Flan. '
13 ~
4.11 The Froject does not establish wiJdlife comciors or «tildlife habitats in a manner
14
15 that properly protects the wildlife or priority habitats, as opposed to establishing corriclors in a
16 manner that serves.development af, the propcrty. The buffers proposed I'or the Project were not 1' established baseci on site limitations anti visual-obstruction lneasurements. ,
1$ 4.12 The testimony and dacumentary evidence presented at the Hearing bcfore the
19 Hearing Exazniner included eviclence that the preluninar.y plat plan application (including .EIS
20
chepkjist) was incnmplete and includecl faulty dala in violation of SCC 12.400.106 (Content of
21 Preli.minary Plat), Spokai-ie County's Enviroiunental Checklist requirernents, SCC 11.20.060
22
23 (Critical Area Orciinance) and WAC 1974 1-055(2)(c) whicli requires "Appropriate
24 considexatior► of Enviroiiiiiental in.formation shall be complete.tt before an agcncy comm.its to a .
M ~?~f.a: o [i& .
APROFeSS10NkLSEAVICEPORPORA710M . ~
9an.t G: Amcrica Firancial CentCr ~
L_AlA~TD USE PFTIT14N
901 Wcsi RivcrSicfcAvrnue, SLeo 1900
P AGE 8 sqor.a.,a, Ir,asnhVlon 19>9zos-osss
(509) 838-6131
0 -
1 particular course of action." There was nat enough accurate ilzfonnation for appropriate plat
2 p[a.n and environmental review by the County, the City of Spokane Valley or the public piior to .
3 its alaproval or the detenniua.tion of siguificance. .
4 4.13 The 1'roject sponsors did not conduct brecding bird siu-veys as rcque;teci by the
5 '
WllFW.
6
4.14 T'here are ttvo main access rol2tes out of the Fonderosa arca onto Dishnian-1Vlica
7
8 Road, i.e. Schafer Road and Sandsl~3owdish ~Roads. There are no other open access-routcs in or
9 out ol'the Po»derosa Neighberhood. The testimany anci dociuncntary evidence presented at the
10 Hearing included evidence that thc Pontlerosa has many sub-standard road conditions that
. 11 represent a th.reat to the welfare anci safety oFthe public.
12 4.15 The testimouy and documenlary evideiicc presented at the TIearing included
03
evidcnce thal• the preliminary plat plan violates Road Standard 1.03(8) regarding the numbcr of
14
lots to be appraved «rith only ane access road.
15
16 4.16 The testimany and dociunentary evicience presented at tlle iTearing alsa include 17 evidence tliat the lack of adectuatc acccss roads represcnt a tb.reat to the pulilic welfare and safety
_18 and represents a sigilificant adverse effecf. 1 here is only one ziccess road, 44th r'lvenue, which
19
serves the entire project af 100 homes plils many existing homes both north and south of 44tl1 20
'Avenue; there is only one road in for emergency/fire vehicles azid onE road aur for evacuation.
21 • .
22 4.17 The Cestinlouy a.nd documentary eviclence presenied at the Tiearing befare tlie
23 Hearing EYaminer inclucied evidcncc that the project and the Ponderosa neighborhood are in a
24 high-fire i-isk arca anci that the ntunber of access roacis to a ncibhborhood are a critical aspect o.f.
~ ~ ~~Ll~ia~ ~ad1~ A PAOFESSIONAL SERVICE CORPOAATDON
L.A~'D USE PETITION . " acnka:FncriwFfnarn.lalCemer
507 Wese Rivzsste,'tven~~r, Sv.0 1900
PAGE 9 Spof+ans. avbsAi%ton 49301.06zS
' (509) 838-5135
1 .fire and ernergency saf,ety and that the Ponderosa neighborhood of l 000+ hoines plus a scvool,
. .
2 churcli, mini-mart and conservation area has only two access roads. 3 4.18 Fi.re District 3 recommendcd that a colnprehensive coiisideration be j ven to the
4 cumulative impacts froYn development in the area to enslire proper fre access and egress would
- 5 bc uiaintained. .
6 4.19 Fire District 1 recoiiunencied lhat the 'total impaets of developments in ttie area
7
8 should be considered in order to ensure praper ingress and egress for fire and emergency
9 purpases. ,
10 4.20 An additional velucle access route was needed put of ttie Ponderosa area to deal
11 with Crc and otlier emergeneies, and to acconimoclate additioiial gz-awth in thc area. -
12 4.21 The experiences trom Firestonn 1991 establish that tlie public health, safety, and
13 ,
welfare are thrcatened Uy the lack of adequate fire access in and out of che Ponderosa '
14 Neighborhovd.
15
1'6 4.22 In Fi.restornl 1991, area residents eYpcrienceci poor visibility due to smokc, traffic
17 jams on the only two roads out of the neigllUorhoocl (resulting in evacuation by some people on
18 foot), rnistakes by poliee aucl .ire personnel in conducting the evacuation, and a lack of fire
, 19 response due to f res in other aa-eas, aniong other condicions. Fourteen hnmes 4verc lost due to
20 the fires of Firestorm 199 l. 21 4.23 The additional housing, population, and trafT'ic will exaccrbate the inadequacies
22
23 with fi_re access, ingress, and egress in the event of fire or annther cmergency in the Ponderosa
-
24 Neiahborhood.
' ti PRarESsioruu sEfrv+cE aoaPORariav
L.~\7D U S F P~ 1~ITI0~1 sank ot tuncrica F'~naixial ceuer
SOi tiVesl Rkwskfu krenue, SuBe 5900
PAGE 10 • • spokai,o.WaMinrmns4zn1-069s
(509F 83"i3:
1 4.24 iNo alternative acccss route foY• fire purposes is proposed to support the I'rojcct.
2 The Froject is not conditioned upan t(ie provision o.f. .ire access irnprovements or the creation of 3 a third Gre access route i.n and out of the .Ponderosa Neighborhood. '
4 4.25 The testimony anci documcntary evidencE prest;nied at the Etearing before the
5 -
Hearing Exa.muier ineluded evidence thal the Evacuation Study was bascd upon faulty,
6
' uiconsistent, and unsuhstantiated metltodology, assumphons aiid conclusians. Ther.e is no
7
8 cvidence in the record that lhis evacuation study £ollowed a proven and standard dcsign or 9 rnetliodology that is endorsed by experts in the lield or by rclevant government agencies as. 10 ensuring adcquate fi.re safety, that the Evacuation Snidy is in cnnfoniiance wiih the Cqunty's
11 reporting r.equirements CorTevel of servicc.
12 4.26 In June 2004, Cameron cXc Assaciates submitted an applieation Cor a~.~reliminary
~
_ 43 .
i~lat (the "Adjacenl Development") and a PU17 Overlay zone to the City of Spokane Vallcy, to
14
divide the 17-acre parcel abutting the site on the east inta 79 lots for single-farriily dw•ellings and
15 . .
16 aPProtimatcly hvo acres of open space, uncier City File No. SUB-07-041PU}3-04-04. The
17 Adjacent Development is adjacent and di.rectly to the east of the l?roject.
18 4.27 The testimony and the documcntary evidence in theflearing include evzdence that 19 the k'roject, together with the Adjaccnt Development ui tYie City of Spnkane Valley, represent 20:
one inteirelated and interdependent prnject. A public hearing on the Adjacent Dcvelopment liad
21 - not been schecluleci at the tirne of the public hearing on the Project. In the hearing, che applicant
22
23 stateci that khey wouid be submiiting a new preliminary plat plau for the adjacept parcel located
24 ui the Ciiy oFSpokane Valley.
A PROfESS00NAL SERVICE CORPORATPON
LAND USE PETIT10~~ Hank of km_wica FLzanrirJ Ceater
CAt 1Vcsi RiaarsfdeAvenue, Se.e 1900
PAGE 1I . Spakana, VJashirg;on 98201-0595
(,~,09) 83EG131
4.28 The 1.Cearing Exan-iiner did not review, 3nalyce, or consiclei- the impacts of ti1e
1
2 AdjaceYit DevelopmenF upon tYic County. The Hearing Ex~uniner did not sufEiciently review,
3 analyze, or consider the unpacts of the Projcct upon the City of Spokanc Va.lley.
4 429 The Hearing Lsaiuiner r.endered the DECision witliout having :substailtively
5
consi.dereci the proposal for the .Adjacent Developmenf, and without full review of the EldjacEnt
6
Dcvclopment by the City of Spokane Valley.
7
$ 4.30 The Hearing Examiner did uot conduct a consalidated review or hearing regarding
9 the Project anci Adjacent Development. 10 4.31 The :project has probable, sigmif cant cnvironmental unpacts, arising from traffic
• 11 Effects on-the fire access to the neighborhood, impacts upon the critical areas, insuffciency of
12 buffers of critical areas, insufficieucy of tlze size and ]acation pf wildlife corridors, and
13
inadequacy of infannation to protect bird species, alnong other impacts.
14
15 432 The watcr plan for the prelimuiary pla[ has not been approved by tlie 1Vater
16 District.
17 4.33 The enviroiunental cllecklisl does not describe or address the 1.4 mile sewer
18 extEnsion oc address tl-ie potential enviroriment impacts of the sewer extension. Therc is no
19 apPr4ved sewer plai in support of the prelirninary plat. 20..
4.34 The enviroiunental checklisi doe.s.not describe o.r address the water plan or the
21 .
sewer plan supporting thc preliilunaiy plat applicatiUn. •
22
23 4•35 The applicant relied upon soils tests completed in uon-geohazard areas to support
24 their coritention that rtie development did not impact soils susceptible to higri erosion, in
ea~ i a&& ~
A aRGFESSiOriAL SERVIGE CGRPOakTION LA~ll USE FETITipN Bank a! Arna-Bca Fi,wnc~l Center ~ J
601 4ucM1 Rhn;rsi-leAvenue, SatW_ ~900
.
PAGE 12 SpoY.ane,l'MSN}ngtcn992Dt-Ob65
' (509)839-6131
C),
1 particular relative to steep slopes on the site. '1"he environmental checklist does not describe the
2 amotuit o.£ gr.adiug or erpsion control. The applicant's gea-hazarci report docs, not properly
3 disclose the severely erodible soils.
4 4.36 The conccpt drainage plans for the preliminary plal p ropose to dispose of all
5
drainage fYOm both the Project and the Adjacent Dcvelopment on the propcrty in the County, i.e.
6 the site of the Project. 7
8 4.37 'Che sewer extension proposed fbz the Project is also intendeci to provide sewer
g services for the Adjacent Dcvelopment.
10 4.38 The traffic impacls fiom the Projecl anci the Adjacent Development are
11 intercnnnected. The applicant's analysis nf fraf.fic unpacts recognizes the iuterrelated nahire of
12 the Proj` ~ ect and the t~1dJ'~cent laevelopment.
~
Cj,-3
4.39 The environmental conditions anci impacts of both the Projeet and the A.cljacent
14
15 'Developrneiit are interrelafed.
16 IV. Urrors Allegecl
17 •5.1 1'he Iiearing Examiner erred in canclucling that there Nwere no probable; signifcant
18 impacls fi-om thc Project upon thc enviran.ment and the.refore tha.t the llNS was properly issued
19 by the Counfy. 20~ '
. 5.2 T"he IIearuig Exarniner erred in conctuding t1iat there were no probahle, siDnificani
21 impacts ffoni the Project uppn critical areas and therefore that the DNTS was properly issued by
22
23 the CounCy.
24
_.J , A AROF=58(OWlL SEaVOG£ CORP'Q7ATZ0M
LAl~'D USF PFTITIOi BenkolArtxricaFn.,-,r;d con;ar
601 YleetAh.ersideAvcnuF Sufte i90D
PAGE 13 spokaoa, taashingiun 992U1•Ob95
L %
1 5.3 The Hean'ng Eraminer errecl in concluding that ttiere were no probable, signilieant
2 impacts from the Project upon wildlife habitat and therefore that the I7N'S was properly issued hy
3 the County. .
4 5,4 The llearrng Exaiiuner erred in conclud'uig ihat there were np substantial threats to
5
the public tiealth, safety and welfare, posed by sub-stalidard road design and conditions and
6
inadeq-uate fire access aiid evacualion routes in the Ponderosa Neighborhoocl, and that the Project 7
$ did uot siguficantly exacerbate the tlireats to public health, safety, aiid «elfare.
9 5.5 The Hearing Examiner errcd in his conclusion that the preliminary plat plan
10 eomplieti with Roaci Standard 1.03(8) anci that the plal plan provided adequate fire aceess and 11 cvacuation routes. . . , . .
12 5.6 The Hearing Examiner erred by cansidering the Project in isolation f.rqrn the _
13 J
Adjacent DcvelopmEnt proposcd in the City of Spokane Valley, because the Project aiici
14
Adjacent l7evelopnient are one inten-elated and interciepenclent project, tvill resu(t in cumulali~~e
15
16 impacts in the City and Coullty, and require coordiiiated review by both juriscticiions.
17 5.7 Thc Hearing Exarnincr errcd by rcfusing to dcfcr the matter until a single, 18 coordinatcd plan and/or hearuig could be conducted for the Project and Adjacent Developmenl;
19 with the inpul• and participation pf both the City af Spolcane Vallcy and the County of Spokane.
20 5.8 The }iearing Examiner erred in the conclusion that the prelirninary plat makes
21 appropriate provision for roads, sidewalks, sanitaiy wastes, potable water supplies, and crit7eal
22 •
23 areas as specified in I2.CW 5817.110 and the County Subdivision Qrdinance.
24
a wRoFessIori;,L s=_RvicF caRPoa.aroorJ ~ J
i AI~'I7 USE 1'ET1TI0~1 8ankofAmarlcaFinan;-UICan:cr •
671 ;Vas: RhsrsldePaanua, Suito tSOp
rAGE ] 4 Spokinp, Wachbgton,rJ20•G693
(509) 838•601
, i
5.9 The liearing Examiner erred in the conclusion Ehat the enviranmental c_hecklist 1
2 containeci a sulTicieut disclosure of the environmental iIIipacts of the Project. .
3 5.10 The FlearingExaminer en-ed in the conclusion that the detcrniinaiion made by t11e
4 Cotulty Departnent of Building anci Planning regardin~ the environmental impact is entitled to
5
subslantial «eight, ehaE the ]7NS issued by the County Dcpartment a.f. Builduig and 1'lanning was
6
not clearly erroneous, and that PNA's appeal of the DNS should be denied. - 7 $ 5.11 Thc Hearing Ea.auuner Errcd by not also giving substantial weighl to the City of
9 Spokane Val]ey Ncrith regard to the adequacy of the applicaiion subnuttals and to their requesC for
10 environ.mental review/sludies of environmental impacts that impact the City of Spokaiie Valley.
5.12 T'he Hearing :Exaininer crred in the conclusion that no significanE new infonnatiou
12 on the probable aciverse envu•onmental impacts of Clie proposal, by itsel_f ar in conjimctiori with
C)3 the adjouiing proposal to the east, was submitted that caulcl not be reasonably mitigated e1lrough
14
15 conditions of approval.
16 5.13 'l'he 14earing Exaniner en-ed in the conclusian that that the applicaliYs Habitat
17 Management F'lan aucl its recommendations were adcquaie and met the r.equirzmeuts of the 18 Critical A.reas Ordinance, proper water typinand the Comprehensive .Plan.
19 5.14 The Hearing Exacniner erred in concluding that the preliminar}t plat application met
20 .
the requirements of Chaptcr 12.400.106 of the County Subdivision Orctina.nce, that the .
21 .
' application included a water plan foc e(evations 3bove 2220' in elevatiou that will meet the water
22 23 supply requircment, that the subject pu-ccl was not withui tlhe siY-yea-r capital inaprovement plan
24 for sewers and that the planned sewer extensioii uivolved a private not a public se«rer line.
A PiOFMSSIONl,L SERk'ICe 0pRPOFAT10Pt
~,t~~'D~USF ~~••I~N 8ankofAmer{cahfi9nctalCenter
60 1 L°lc*t Fivorslae A:•enue, s"I[g 1900
PAGE 15 saok», Vfashinr.an 98201-0695
[~99) ~8Gt31
.
\
5.1.5 The ~.Cearii~.g FxaminEr eired in concluding tliat the prEliminary plat as conditioneci ~
1
2 generally confoYUis to the Comprehensive Plan. •
3 5.16 The :Hearing Examiuer en-ed in concluding that the sewcr extelision had no
4 discernable impact on the emrironmcnt, aud in approving the prel'uuinary plat wittiout sufficient
5 infomiation to cietermine the environmental iuipacts oFthe sewcr extension.
6 5.17 The Hearing Examiner erred ui approving the preliniuiary plat withotit an approved
7
8 sewer plan.
9 5.18 The Hearing Exanuner erred in approvuig a preliminau-y plat ,vithout a water platl
10 that has been approved by the Water District. No deteimuiation nf the adcquacy of the proposed
11 facilities or nutigation rneasures could be made by thc Hearing Fxaininer withotrt sufficient
12 in.f.armation (e.g• Pressure and •Flnw) suPporting an aPprnved water plan.
13 5:19 The Hearing EYatniner erred in not allovving tfie public due process at the public
14
15 hearing by not requiring lhat the applicant praduce a complete an.d accurate plan ui a timely
.
1 6 inanncr to allotv foi- adequatc public review, by requiriua a hig6er standard of evicience for the
17 appellants than the applicant, anci by not ensuring the appellants an adequate aild timely
1$ opportunity to testi fy.
19 5.20 Tlie Hearing Examuier erred in deterrninuig, expr.essly and tacitly, tliat ihe
20 ,
prelinunary plat application was complete and free of erroneous in£orlnatioci. .
21 V. Requestcd Relief
22 23 Pctitioner prays for judgment in this mattcr in the type anci to thc eYtent as follUws:
24
APAOFESSDONAI.SEAVECECC7FlPQFIATIGh1
LA~v17USE•P~TITIO~( e.~nkc:nm~icaFtnsnctm n~ar
601 t lesa RimSx1C n'te(II!?, ,...llte 9900
PAGL 16 Spokarie,SVe:htmgtonS52D1-G635
(509) E38-6 f 31
1 6.1 That the Hearing Examiner's dccision thaE the Project does not result iu probable,
2 significant impacts on the enviroYUnent, including but not li7nited to impacts to trafCc and fire
3 access, impacts upon crilical areas, and irnpacts to Nvildlife habitat, bE revcrsed because that
4 dccision resu(ted from an Erroneous interpretation of the law; was not supported by substantial
5 evidence, and was a clearly erroneous application of the law to the facts.
6
- 62 Thaf the l-Iearuig Examiner's decision that the County did not clearly err by.issuing
7
8 a detennination ot; nonsigilificance ("17NS") for the Project be reversed because that dccision
9 resulted from an erroneous interpretation of the law, was not supporteci by substantial evidence,
10 mid was a clearly enoneous application of the lativ to the Facts.
11. 6.3 - Thal the Hearing Exaiiuner's dccision to deny F'NA's appeal of the issuance of
12
13 detcrmination of nonsignificance ("DNS") for the ProJect be reversed because ttiat decision
~
resulted from an erraneous inferpretatiou of the lacv, was nat supported by substalltial evideuce,
14
15 and tivas a clearly erroneous application of the law to the facts.
.
1 6 . 6.4 That the court direct:tlle Hearing Examiner upon remand to order tlie issuance oFa
17 deterniination of signi :ficance ("llS") for the Projcct, trierehy requiri.ng the preparation of an
18 Enviranmental Tiiipact Stucly for the Project, or, in the alternative, direct ttzc Hcarin.- Examiner
19 upon rcrnand to order the County to shidy the matter further and issue a new threshold 20
deiemlinatiaii i.n accordauce «ith thc requirements af, the State rnviroiuncntal Policy Aet, FZCW
21 43.21 C.0 10 et seq. ("SLPA") and. applicable SEPA and Iocal regulations. 22
23 6.5 Thaf the 1Tearin ; Exarnirfer's clecision that the 1'roject could be revicNvcd and
24 approved wiihaut considerarion of the impacts of the Project up4n the City nf Spokane Valley 1 G(/Ul71I~L~ L?CUJ1LtGC~i
A FROFESStONAL SEAVICE! CORPORkTIOM
ND TJ,,SEPFTITID\i eankotam~tcaFL~anclaiCenter
L.!
601 4Ve:t Rivemidc n•rornrc, Suito 1300
PAcF 17 ',,,,shingiw 09201-0635
(009) 838$134
` I
1 and wil•hout consideration of the impacts that wouid arise froni the Adjacent Development be
2 revErsed because that decision resulted £rorn an erroneous interpretation of the law, was not
3 supported by subsiantial evidcnce, and was a,clearly crroneous application of the law co the facts.
4 6.6 That the Tiearing Examiner's decision that the Project could be reviewed and
5
approved in isolation or scparate ancl apart from the Adjacent ]aevelopment be revezsed be,causE
6 .
t6at decision resulted from an erroneous interpretation of the law, was not supparted by
7 $ substantial evidence, and tivas a cleai•ly erroneous application of the law to the facts.
9 6.7 '1'hat the court direct the 1-iearing Exaniner upon remand to consider the Project
10 and Adjacent Jaevelopment in a single, consoliciated review process and hearing, with the
11 coordinated participation of hofh the City of Spokane Valley and the Cotanty of Spokane, in
12 order to provicle a comprehensive anti camP]ete decision on [he effects of the Project and
1
13 . i
Acijacent Development as a whole.
14 15 6.8 That the Ilearing :Exarniner's dccision Lhat there are no substantial t.tn-eats ta the
16 public health, safety and welfare, Posed by the lack of adequate fire access aiid evacuation
17 routes, dr►d that the Project does not sipificantly exacerbate the ttireats and impacts eo public
18 heallh, safety, and weLfare, be reversed because that decision resulted from an errvneous
19 interpretation of the law, was not supported by substantial evidence, and was a clearly erroneous
20
. application di the law to the facts. -
21 6.9 ThaC the eourt direct the Hearing Examiner upon remand to establish prokeeiive
22 23 buffcrs for crilical areas, includuig the seasonal streani, aspen groves, wildlife corridors and
24 habitat, and steep slopes, in ai-nanner that best protects the enviroiunent atzci wilcllifc froiil the
A PROFESSIONAL SERVICE CORPGRJIYION
LANll USEPETITION . gartotArncrkzrr.ancisl cemer
601 1Vest R~rorzidc nve:we, Sv'[a 7900
PAGE Is Spokane. VlnsNingtnn 93 2 01-0 5 95
(563) 833-6131
0 .
1 inipacts ofdevelopment, and in particular, iu amanner that addresses the conceYns-aud .
2 comments of the WDFtiV.
3 6.10 That the 1-learing Examiner's decision ihat that the prelinvnary plat application was 4 cnrnplete and did not include erroneous inforrnafipn be reversed because that decision resulted
5 -
fro.rti aii erroneous intezpretation of the law, was not supportcd by substantial evidence, ancl was
6
a clearly erroneous application af lhe'law to the facts. .
7 $ 6:11 Thal the Hearing Ex3miner's decision that that the preliminary plat shouId be
9 approved without an approved water plan oi• an approved sewer plan be reversed bECause that
10 decisian resulted E'rorn an erroneous interpretation of the law, was not supported by substantial ~11 ev-idence, and was a clearly erroueous application qf the laNv to the facts. .
12 6.12. That the Hearing E:xaminer's decision that that the 1.4 miJe sewer extension had no
('3 .
discernable impact on the enviroiuuent be reversed because that decision resulted fiem an
14
erroneous inteipretation of the la~v, ~vas not supportcd by substanlial evidence, aud was a clcarly
15 ~
16 erroneous applicatioil of the law ta the facts. . .
17 6.13 That the court direct the Hearing Exaniner upon remand to dismiss the application
18 v.4thout prejudice based upon tlZC application requiring substa.ntial chsinges to coniplete arzd 19 correct the application since it was deeined complete, as pr.ovided under Rcsolution 96-0294
20 Hea.riug Examiner Rules o.f.Procedure No. 14.
21 . . .
6.14 That the eourt ciirect tlie Hearing Examiner upon remand to require a revisec!
22
Habitat Management Ylan tl2at includcs, but is noC linuted to, the e-stablishment of protective
23 -
24 buffers that arc adequate to protect both the riparian/wilcili fe corridor and the priority habitats
~
.Gfo
OI&.Gfo~rL~
. P. FaOFESSIOkAl:3EAVICE CORPOriHTtON
LAiVD USE Y~TI'1'IO\T saK:mwrwrceeFinanc4,l Garrar
601 4Vwn AtmrerSlda A•nenve, $uite 1900
PACjE 19 SpoY.ane, Vl09h'ngtorf 39201-0695
(509) 633-6131
1 between Iaishman-Hills NTatural Area and Iller Creek Conservation Area, and to protect the
2 season:tl strearn, the aspen groves,. and steep slopes, in a matuler that bese protects the
3 envirocunent and wildlife from the impacts of deveiopment. 4 6.15 - That the court clirect the Hearing Examiner upon remand to rcquire a revisecl
5
Habitat VlanagemEnt Plai2 that thst addresses how to avoid aud or Yiutigare adverse impacts of
6
developiuent to the priority habitats aiid species by incorPorating: (a) the rccouunendations af
7
8 NVDFW's Managemerit :R.ecoininendat7on for Priority Habitats: Riparian and Management
g Recommcndation for Priority Species: Whice-Tail Dccr, (b) includes con.sultation with the
10 NVDFVV. '
11 6.16 That the caurt direct the Hearing Exaiiliner upon rernanci to require a revised
12 Habitat Managcment Plan that ful]}T sarisfies the requirements of the Critical A.reas Ordinance,
13
Comprehensive Plan and irnplements Best Available Science. 14 .
6.17 Tliat the Court alsa ciirect the Hearing Exaininer upon remand to rcquire a bird
15 '
16 study as requested by W1"aFW.
17 6•18 "I'haC the Hearing Exauuuer's decision be reverscd because the hearing process wt►s
18 conducted in a man. ner that violated due process by Uy nol requiring that the applicant produce a
19 complete aud accurate plan in a timely manncr to allow .f.or adequate public review, by requiring
20 a higher staaidard of evidence for the appellants tliau the applicant, and by not eusuring the 21 appellants an adequate and timely opportunity to testify. 22 .
23
24
a aRoFESSIorrAL sERvicE ooaPOaaT iow ;
1 AND USL PETITION e~,k ctti.-,~~cc Fmncal cemar
601 Ydcsf €4ver.ide Avenue, Suite s90CJ
PAGE 20 Spokene,vlashington9920i-063i
. I~~'71 8.^•.3-813i .
0
1 6.19 That the Hearing Exanuner's decision be reversed and remanded to correct the
2 emors and oinissions identified in this Land Use Petition, and to conduct ncw or supplemental .
3 hearings as necessary oz- approp.riate. .
4 6.20 1 or statutory attorney fees and costs pursuant io RCW 4.34 eE se 5
6.21 For all reasonable attorney fees and costs of suit; and
6 - 6.22 For such othe'r wid fiurtller relicf as the Court decros just and cqtutable.
7 8 DATED lhis 29ti' day of August, 2005.
9
10 ]3:MAN T. NICG:L.~IN, W Sl3A. hYO. 241. 10
. W1N5"1"ON & CASHA.TT Attorne}Ps for Petitioner .
12
03
14
15
16
17 .
18
19
20
21
22
23
24 ~ 0 5 ~Uladl('i'~Lo L'Il~If~(l.tG
A PROFESSIWP.L ScRVICE CORF'ORhTTON
L.AND iJS~ PETITIQ~I 3ankotAmsrtcaFTnandalCenter
E01 V1r.si aFrcri,io A.varnio, Sul1o 1900
PAGE 21 spoxin,o,4Vashinpn9920t•0695
(509) 838-6131
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 11, 2005 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: Financial Management Policies .
GOVERNING LEGISLATION: None, but a preferred business pracfice.
PREVIOUS COUNCIL ACTION TAKEN: In early 2003, the Finance Committee approved
financial management policies for use in city operations. ' Two years have passed and we now
have a better feel for how these policies work in actual practice. The City Council has passed
ordinances and resolutions during the last two years which have adopted some of these policies
and have helped us identify additional policies that are needed. The Finance Committee
reviewed these changes earlier this summer and has forwarded them to the City Council for
~ formal approval.
BACKGROUND: Financial operating policies are needed to guide staff in our operations. Most
of the proposed policies were adopted by the Finance Cornmittee in 2003. The attached
changes are forwarded to the City Council for approval.
OPTIONS: 1) Adopt all of the policies; 2) Adopt some of the policies; 3) Do not adopt the -
policies; 4) Change some policies and then adopt them
RECOMMENDED ACTION OR MOTION: A motion to adopt the attached financial
management policies is recommended. BUDGET/FINANCIAL IMPACTS: There is no direct financial impact on the city budget.
STAFF CONTACT: Ken Thompson, Finance Director.
• Formatted ' - -
~
~
CITY OF SPU_KAII\TE VALLEY
FINANCIAL MANAGEMENT PULIC:I::ES
ApryraveE1-Ff+fuiee-c-enifnit+ee
I - - - -
~ Ja~y-Sente~jifier 2U05
I A-8
Ornft Ornll Draft Drafi praR DraR 1")ru(i Drnti
Forrtwtt~M _left
I)FZ:AF"I' 8-24-05
~
~
City of Spokane Valley
1<inancial 117unagemcnt Policies
A. CENEItAL BUDGEI' POLICIF.S
A-I Departmcnt dircclors have prim9ry resF~msibility for fiinnuluting budgct praPosals in line
with City Cuuncil and City A4auager priority direction, wid for implemeiting Ihem once
ihey are approvccl.
A-2 Ttie l-inancc Gcpartmcait is responsinle for coordingting the uverall preparxtinn aiid
administratiun of the City's budge.t and Capital InvesUtient 1'rogram Plan. 'niis function
is fiilfllled in compliance with applic:able Stete of Wfishinglon stawtes governing Iocal
go<<cmmcnt huilge.ting practia,ti.
A-3 'I'hc Finanre DeQartment itsSitits depar[mpit staff in ideniifying budget piroblems,
formulating solutiorLs and altcmvtiveS> atid implcmcnting any necessary r,o.Trective
:IC11Utkti.
I A-d llic City Council's budgei rcvicw xnd evaluation will bc u~-t#~-t-HU-digit-a~}eet-cf+cle-l~l
iif-clntail; vrcf- adoPted by urdinancc at the funil level.
A-S Interfund chargcs will Le Iwscd on rex+avery of costs associateil with 13toviding those
serviccs.
A-G Itcgular cmplciyee positions will nunnally be budgcteil only in the City's opcrulin6 1'unds
imrl will Ue retainecl in aceordarice with niles cstablished by the Finunce Qz.partmcnt. ~
A-7 Quurterly tin:uiciaf reparLs, includins a review of budgctcd expenditures tuid revcmxw,
will bc rrepared and reponccl tu ttte Council ti1 regular meetings. Indudecl will be
rrovisions for xmendi»g the butfgel duririg the yCitr in crrLler to address unanticipattd
neeclc, emergencies, or uiniplimtce with Sl:de of Washington btxlgetary slatutcs. liudgct
adjustmcnts rcNuiring City Coiinril tpproval will ocair thruupjt UiC aStlinFmce prncess at
I tlie fund MYCI coorclinuted by the I'inance Departmcnt,-afiil-wall-oeeuj-xioi~+a-A,geel-yeHs
es~:
A-8 'I'he Finance Department will review agenda items submitted for City COiinc.il acxion.
Ttie objectivc of these revirws will be to ensure cornpliwics with the budget atid
(Ii5closure Of aJl ti5cal issue.ti tu Ute Council. 'fhis intwyuation will be presented in the
I fiscal intpact sccticm ul'each raqucst fcw eountil aC[{l~,Er~wda•~~FN:
A-Oy 'I'hc Cily's hudgei prescntation will be directed al tlisplaying the City's services plvi io a
Cuuncil/constituuit-friendly formxL
I A-10 Ihc (:itv will Uursuq_2cl;nding fwid balances, e<oluding-eenitRgenay--Guatds, for ttll
opemting funcls w;Jl-I)e btoftae~ ut e level of no Icss than eig)it (S%) ef fnefe ihan-~ten
_f-4S°6)-fer~~ of the towl budgetcd ncw revenue for each year. For Lhe pwposc of this
A- I
;
Draft DiuR Draft f)ru(t Drufl Dinil L7rafl ()mR
I policy "ncw revcnue" Ireeat►s totail budgelecl rcvr.nuc, Icss beginning fund balances.-eud
irtttid!+ftd+eeeiFES:
A-I I The City will maintaui equipmcnt rcpiflce,-mcni funds that will receive annufllly budgeteJ
~ contributions from the operating expeases of dcpNrtrnents owning Uie capital equipmcnt
in an amount neccssary io rc:PlHCe die equiprnent at the end of its uscful life. Life cycle
assumptions 9nd require:ci corrtributions will bc revicwcd .mnually :►s pai1 of the budgct
pmeess. Moriies cvllected from the snle of ass&s caiY7ed on the equipmcnt rtplacemeatl
schedulcs will bc rr,ccipted tn equipmeiu replacement fimds.
B. RF..VFNUE f'OLICICS
The City sliall be sensitive to thc b.slance betw•een tt►e riEed for servims ancl Ihc Cily's abiliry to
raisc fccs, chsir3;es, tjnct taxes to suppon thosc scrviccs.
li-I 77ie Ciry should strivc to mnintain a JiversifieAJ n►ix of rcvcnucs in order to rnain[ain
nccded scrvia;s during periods ol'declining economic activity,
a. A basc of prapcriy taxes and tit6er stable revcnucs should bc cteveloped aiid maintained
to provide a reliahle ljase of revenues during periocls of ecanomic downtum.
h, The City's overall revuwe structure sho.lild he clesiyied tu recapture for the City somc uf
the financitil bcnefiis resulting irom C;ity cconomic ancl aimrnuni[y develoNrocnt
tnMtmenL'+.
B-2 Rcvcnue eslimatec should be preparcd on a rclsitively i;nnservative Uasis to minimizc Ihe
economic (luctualians tt►at eouJd imperil ongoing scrvice programs dw7ng the upcoming
budget cycle.
F3-3 7he following factors will be eansiilereil when the City's taxcs are increused, exteaded,
changcd, or reduceil:
a. Stability of tlie twx source over its expected life.
\
~ b. Suitability fur a plcdgc against fi.iture deht, if tItai is part ofthc City Coumcil'S hang-range
intent for thc ncw tax.
e. Spiead the tax burden throughout (he Gity's tux base by utitizing fl broad Eirray of ttce tax '
sources uvuilable tuxi 6y investigaiing mitigttlinn of inequities and hatdships where
appropriate (c.g., prdpcrty tax rebates for lav-income elderly). I,cbisla[ive rernedies tor
harrnful tax impacts should bc saight where uppropriate,
d. Apply the tax imnact infor►nution for boih r'~Sidential and Uusincss taxp.iycrs aotinsl a
fiihrrc vision of wtiat ttie las pulicy decision is intcndel t1i fiister, iri adclition [o the raisiny
uf revertues.
f3-4 As much as is rcesonxbly pos,siUle, Gity serviccs that provicle private beaiefit should bc
suppartccl by fcc.5 and chargcs in nrder to providc maximum ticxibility in use of generaJ
City txxes tc) irieet die cost of scrviccs of broxcter public benefit. Lharges for scrviccs th.al
bcnefit spLcific u.scrs should recovcr full costs, includiny all clirect costs, capital cosis,
de:partment ovenceaci, ancl C.'irywicle overfiead_ Departments that impose fee,e or serviee
chu%es sFtuuld prepare and periodically update eost-of-service studics 1'or s+ich service.
When consistent with legal roquiremenis, other Ciry interests such as rem9ining
cmnpetiuve within thc rcgion or rrceeting odier City objectives, may diclatc a suhsidy of a
portion of ihs cntiLs of such serviccs.
A-2
i
I"hefl Druli Urafl DrnR DraJl f.)rn(1 Drafi Dra l1
OPERA't'ING POI.,ICIES
~
C- I Ongoing n:.uwrces shoulct be eyual to or cxceexl ongoing expcnclitures. Each City fiind
budget shall icicnlify ungoing rmources that ~t IcsLyt rnatcli expecled ongoing annual
rcyuirernents.
C-2 IJnles.s otlienvise statccf explicitty hy the City Council, lhe City will not efmriark
unrestricied revenucs for spccifie purposes in the Gencral Funci. This will prescrvc the
• ability uf the Cauncil tu deteamine Ihe he.st usC of Hvyilable revcnuCS to mret changing
scrvict: requireinents.
C-3 "Cl1e City «'ill seek to optimize the efficiency amd etl'ectivcncss of its services to reclnce
costs and improve: service quality.
G4 Accurate invcntories of all physicfll a,esets, their conditi(m, lite span, gnd cast will be
muintaincYi. (ref'er to scction K. Fixed Asscts)
C-5 Thc 6'inancc I?epartment will cievelol), maintiiin, and constandy seck to improve cash
msmagemCnt systemti which ensurc the sccurate and timely accounting, inve;stment, aitd
secariry (if aIl casli acsets. AU etish reccivecl by City departmeails vvill be deposilecl
widiin 24 hrnir5 of receipt_
C. PURCHASINC AiND F..XPEYUITURE CUNTROL -
C- I It is the gu~neral policy of thc C,'iry that aII cxpahiditwr.s be rgtionfilly related to somc
piiblit purposc and re;aumable in thc amrnmi suid nattirc.
D-2 Primaty responsibilily and authority for Uie expcnditurc of monics accarcling to the
udop[ed budsci will be vestcd by the City Managcr in the departmcnt huerls.
D-3 ]n addition tu tFie primary respomsibilities in Policy A-I, the Fin:uicr Director will _
CXG7(:ltiC a Sc:Wil(IRry oversight responsibility for 11LL budgct erryendiwres. `I'his includes . ~
responsihihiry for bodi technicail errikis and cirors uljud9ement, which should Uc brought
imrr►ediatcty to the siuention of the respunsible dcp.irlment head 3nd the City M;lnager.
hlowcver, no unilateral changes will be made in line item expcwiclitures approve(l by
responsible tlcparUneari Itcatl5 without first consulting with the originatitig departmcnt
hcHd.
U-4 All rurchase ordcn will be approved by the responsible depailrncnt hc:cd (or Ci(y
Managcr), smd reviewed by the uppropriatc persunmel in Finnnce for budget authority +uul
pmpcr coding,
D-5 Purc:hase orders for the costs of puhlic uulitics, telephone, postage, wpy machinc
expenscs, sh;ueil by niorc thun o»e departmcnt will be usucd by the Finaiice Dircctor.
I3-6 All expenditures/cxpa:nscs stiall be prc-.udiltxl and certified by Ute Financc Director or
hislhcr de5igmee prior to submitting thcm to Ihe City Cauncil.
D-7 "I'o expetlite the accounls payable process, wheaiever possible City claims chec{:s will Ue
( issuec!'Faesdey-of-the week tu'ice each mnnth. City Council tiPpruval will occur at the
following C'~nincil mecting. "Ilie execution of cheeks in ncivqnce uf City Council
approval will uccur umcter the following ccrndition:
A-3
,
IJraR Druli Drafi Draft Uroti L7rnR I)refl Drnlt
"fhc City Councii will havc the opponunity to review ttie supporting dacumcntation qf
such disUursement at the ncxt resularly scheduluf ineeting.
hse uent Council meetin disa rovcs .intiuch check' the
the Cit Council ;d Ihe su
If
Y 4 PP ~ ~
. disapproved claims will be recogni7ul as a rec:eiwable of'ttle City tuid collcctioos of said
ieceivable will be diligertdy-pursucd,-t+ifi+-tEe i inount+dtqal3l34OVei{•ore-eel7eeEed-e►-ts~
. - ~ wc:vdfe-ulaius.
D-8 Urdinance 03-071, the purchiising F►olicy, will be followcd for the purchase aiid
ciisppsiuon af goods, services, equipment, supplics xnd pr(rperly far the City of Spokanc
Vallcy.
7Le C:ity vlanagcr has the solc xuthrnity tt) waive purchasing praccdures, sucfi aS in an
cmergency, but only tn dle. extent authorizcd by Statc Iqw, The City Mmiager will make
a written tinding of the cxistence uf the eirieigency ajid entcr thc fincfing of recoril nu
Iaer t1i.ut two weeks f'ollowing any'ctmtrsct awerd,
1?-9 'fhe City is encouraged to inclucli; at Ic.ist cme luwl veaidor (if'available) whcn conducting
nqn-forrrull nracurenrent of goods and services, tclcphone bids cu soliciting written bids
of less than $15,000.
0-I0 "I'hc FinFince Director may administratively surphis ofFice eyuiprneau, computer
equipment, small taols, computcr soflwaire, minor equilimerit and police wetipnns
accorcling to Scction 7 of the purehising policy (Ordinancc 03-071),
D-11 'Ihe Pinancc DircUUr will he resnimsible for the accounting of all surlilus prupelty traisact.ions. In cases of administrativr: surplusi:s, the Finance llircclor will n;ccrrd
propa:rty desc:rirlion, cs(imateil value, number of biddiDrs, and the Iqwust-Iiigl►est bid
raige fur accounting ajid auditing purposes.
~ 0-12 Credit cards may be issucd to thc City Mannber; -Council mfmbers. uppes,Jgvel mnangcrs
Oepenrnent-Heads, ana employees for uuvel mid other busincss related erperkses.
(Urdin,"cc 30)
"I'hc crcdit c2irc15 issued direcUy to the City A4anagcr ~p ~nail mcmhers, mnnaeers--in'
~ j Depaiiieent-I-leaff9 and employocs are exprGesly limited tc) eiw busines rel9 cd cravcl,
mcalg, and prcuctiremenl c~f gc~ods -frintt~ef n'o
c:LyPi adw,uices, guaranrying personal trwisacti„ns, or nerSCmul purchases to bc reimhuTSCd
to thR; City at n later date are allo+vcd.
.
~ Employcc:s And coura:il mernhers usieig a credit curd shall within live: busirwess days of
retumi»g from uravel or at the time of purchase, s7ibmit a fully iteanized Unvel cxpcr►se
voucher ar purchs4tie receipt tn dve Fit►atice I}epartmeni. Information Pnividecl should
include vendor namc, purchnsc aimaml, dute, and delcriptioa of the ptrrcha►sc. Any
charges riot properly identihed will bc ps+icl by the employee tu the credit card bank or to
thc Cily. •
IP any charges un disullnwed, the City has a right to ~,vithhold the disbllowed :unuunl
I from the wages of the individual who incurrod the disallowcd uharUec,,-ifteltiditvd~4rxefest
B~tE!-Iple-ehBigt:3:
Use of tlie cmdit card while disallowcd chnrgn.;s xre nutstanding is not pennittcd. Should
chWges F1t; incurretl during this period, the individual will surrender the credit card ta the
auditing of'iicer.
A-4
t\ .
DrE,fl Drafi I)rell Urafi Urafi Drall Dtuft Dratl
( ~ ~imatecd: No un~leAine
L'. COIYTRACT N'IANACEMENT
. ~ ~
I3-I Wlien a projcG is prescnted to the Council for considcr;diciit, a nreliminary budgct
~ estimtite %viIl be ineluded.
I G2 ' - ' ~-fin~cint5fftl~tio►-5enit-es ien {nlt!itx3e:4e9tift
[o•d►e-C-on~+-Ofiee-+he-Micl:;-er~><>~er.°~-tav;?eJ-bttdget-r~~y-He-hr~w~ht-buekta-the •
G--mawil-ftn"cppruved- 1ti'hCrc the Cit}' has erttered irto a oontract thfit rclsues tu ltie
puithasc of goocLti, siiPPlies, services, matcrinls, ,cc(uiprnent, •arcHitectural and/or
cngineering sarvices, or the procurcmeal iif a public wuik pursuant to state: Isiw, the City
Manxycr may is,sue a Gliange ordcr or rerpie.,l fiir extru work.
The City Managcr may tnithnrize chatiges in the +vork or scrvicc:s se:t fiuth in the "
contracl documents. where diere arc changat cnnditioms, a reyuirement that extra work or
service be perfoimed or stich other circ.uriistances that necessitHtc a modificatiun to the
concraG. Chsinged conditions shall for purposes of this resolutioa be defincd as The
presence of unfoTCSCCablc cvnditions which could nai hovc bccn rcatsonHbly aiticipated.
'I'hc cfctermineuon uf chajiged conditions shsill he made pursuant to the rc9sonxble
discretion of the City Mimtignr, Wliere tlieae are changcd conditions, Uie scope of'+vork,
procure;ment or service may be moditicci U, serve the best incerest of the City, !n
eclcfititui, eeua work, rcgarcllcss of u ch;anged coildition, may bc nnlcrecl by die Cify
ti9anagcr in order tu accomplish the purprrc tind ineetri pf the contract. Any tinding of u changed cotidition, awthnrizatiun fur extra work or other m.911cr rclHtinS
[o the authority in this Resolution shall not cxccecl lhe budgeled tunount for the contraG,
work, procuremcnt or scrvices it► he pe:rformed for the bencfit,of the City. Any chatige
ordcr or incre;ne in the scope ot'- work or service that exeeeds $50,000 pcr pmjeet,
service or purchasc shfdl require Uie aUproval of the Cily Council.
~ Formatted: U+uferlieie
I
I G-1 WItCn awarding ;;cnerel pr4essieiza{-scrvice contreats up io SI00.000, the Cuimcil hu. ~
w+4! tuithori•r.ed Uje Ciry Vlanagcr lo entcr into a canunct fur a writicn scopc-of-work on a
cost plus basis with ti Stfited "not-cacxcced" contraG toUd ciSG The dollar total will hs; broken down by iiia,jor tasks, inctuclinb it ctuuingency budget if ncccssary- &lnnagernent
Control will bc r.,xgrci.sed su the Iotal cont.tC1 flmrnmt level.
~ E-4 Archirechiral and eniin~erin(;~Prc.fessi+~ftF-service u,ntr:ic;LS rnuy tre authorized with a
sinyle G7risultam for severul phascs iif work un the same projcct. The City Manager is
• authori7cd to appruve cuirtraGS up to 3100,000 without Cuuncil appruval. (Rcs. 03-011)
E-S The Public Worlcs Direcior will h:ive the authority to authorizc pHymenls up to the total
conU9ct only. If tlie scope-of=work docs not change aiid Uie total contrnq urst is ncii
eaceeileddiofaEei, diffcn:nt aimt►unls itiay be spent nmong the w5kti within piejeei btidgec
1 I:tCt catedguries. 6hniiges-4n-2iEE►er4hx-,ccipe-csf-work-oH:he-ett#heritecl-E~dtlo t-sliall
1!z apPreved bYEhe-k:itY-Ccwrici!•us•mreffienflniana-u+Nia4Hi4.-ifaal-cuntraet.
I E-6 The City Manager is fiullZOrized i~~rsuanl tu Kesolution 03-04 I to exccu[c
('ublic Works - Small Works Roster contracts up to S200,000.
/1-5
~
DraR Drali DraR Dr9R Drnfl Drufl Ura(t Dr1R
E-7 These two sentcnces havc bcen includcd in L-2
F..-$
i
F. (;F;NERAL LEllCER ACCOUNTS
F-I A I'ctty Cnsh Fund is hereby aultutri•r.ed frurn Uie Ganetal I- und in ihe amoont of $I,(II0)
Gx rninor disbursemerns_ ]t will Ue periodicully restored by a check drTiwn and chauged
to Eippliutble ricuounts. The ariiount of the cliecl: should equal thc aggn:1;xte of the
disburseanejits.
Pe.tty Cash purchascs arc limited tp cxpencliUireS of S200 or less, and sha.U be approvcd
hy the apPropriete Deparurient I[ead, using a Pcuy Cash kcquwt Form, prior to rt:ceipt nf
cash. .
Individuals rcceiving Petty rash shull immediately retum [o the FinaitCC UCpttAmcnt thc
receipt, any chajige due, and sign a verifying reccipt of cash.
~ "Ilie rinunce Qirectcrr will desi nate{egviz thc custodian of Uic Petty Cash, smd ihis
individual will be independcnt of c;tishiering tLnd cheek siyiing duties.
The Petry Gash Fund will bc periodically iuidited by a Per:sc»i ather thiin the custudiari.
c. nFST FiNANcINC
G-I Intcrim fin.mcing of vtajor Capita] Projects
Inteiyin finmicing of' majar capital projects may bc a+rrnnIIcci by Bc►nd Anticipation Nates
(IiArlS), interfund loatLq, or liiies oTa•edit with a major financial institution.
;ti GenerHl Cuidelines:
~ I, To the exte:nt puesil,lemece~he C;ity will utilizc intcrtimcl Io:ms for
interim tinancing of capital projects, either in whole or in parL Intertund
loFaus pruvide ttie lowest borrowing cost to the City as the interi;st
expense to thc borrowing fimd is ot7'Xt by int=Rt inunne to the leaiding
funcl. Availxhlc fiinds consist ni'cash, State Investment 1'00l balanccs or
other relativcly liquid inve:stmcnts.
2. Thc decision lo use the Cily's line of credit or Uie issuaiice of BANS
should employ a cosdcash flow analysis compnring the iw(i financing
aptions. The administralive cosls for Uond counsel; widerHritcr and
odier fees will be takeii into accoLmt for the oosts of BANS. Other
ftictors impaUinb the decisiiiit, sucli a.S Uie c:cpuci[y of the line of credit,
Uie tirninb of issuing pcrmanenl tinanains for paiying down thc linc of
uedit prior to its rriaturity date, anticipated interest nitc chtingcs and
arbi[ragc rcgulations will alyo be cansidered.
b. Line s ? f C [ c ~ i i C If a(inc of crcdit is usctl the folla+ving nolicies will apply:
A-fi
i 1
~
Drnfi DrnR Draft Drnfl UraR Dratt Draft UTUR
L `I'he line of eredit is restrictcd to use far interim financing of capital
projccts firr whicli lung term-bonds arc expc~cled to he issued within onc
year uf' adoption of thc re;olutiovi ur fur which rcimhursable gr.fnl ~
monics are expected. ~
. /
2. AathorizxUiipi ti) draw ilown thc line of crcxiit will he iallnkved oaly upon
ailoptiun ot a resotution hy Cily Cotincil.
3, LJpmi salc of' bonds for pcrtnftnr.nt fin.uicin}; of a project or rcccipt of
ganl funtl5, such funcLc will Ue used to psy ofPthti aniount of die line of
credit utilized by ezich pmject, including interest chflrgcd fvr use of the
line of crediL
4. Gech resulution authorizing uu: of the line af credit will idcntify the
particular projeci eJigible and oontain a speCitic nM-ta-exceed wnuun[
I'ur each projcct.
5. Use uf the linc ot'crcJit for nomial iFperating expenditures is prohihited.
6. The iruLstanding general obligation linc of eredit umaunt in conjunction
wiih thc Cily's oiher geateral obligations may not sii anytinte exceed [he
Ciry's statutury dcbt limit.
c. 13ond Anticinaticro Nutes f13ANS). 1P13AN5 are u,sed the following policies will apply,
1, The BANS will ht►vc a m:i-ximurn rnulurity of two ycaus tiom their issue
date.
2. F3ATlS can only bc issuW alier a formally adoptcd bond ordinuncr by
City Couneil.
3. "1'hc boncl urclinance f"or ths BANS will sel ai specific principal amount
atid identi f}' the sp-eci f ic project(s) for which the procecds are t<i be used.
4. Bond cotmscl chargi;s, undenvriter f'e&5 and other issuancc ux4s may be
includeci nnd paid from the E3AV proccrds,
5. NANS will he Suhordina[e tu any oatstanciing biinds of the City.
d: l:-2 If an inteefund loan is uscd thc: fiallowing policics will :tpply. • Formatted: Indent: Fbsk liree: 07
h _a~IntBrPund 103n3 Shll ftrey-oii4y~ba: matie upori adaption ol'a msolution by Uie Ciiy• Formatted: Tabs: 1.94". Left
f;ounei4- Ccnincil. 1lo~veNrer__the Finance C)ireetor is authorizcd ro m9ke inlerl'und Formatted: euncts imd Huml]eriruy
, Ioans firrpurtxrses ofm!1iulaining, ad"uate cash flows in_c[ty fiirods.
I2: 6 Interfunil luair shall sct fqrth the tenn mid a»tcrunt of lhc Ionn, a schcdule of repayment • Formatted: Bullets ancf Number"urg
inclncling intemst; atid set a current ratc of inlerest ba.ced upan the ratc thcn being peid
by Uie Washingtnn Stute Local (:;overnment Invcstment Pool_
( 3: ' Fornwtted: Bullets and fJumheriig ~
c. Intcrfund loaris for interim tinancing of major eupital projccts macic in nnticiPatinn of
Uhe issuuncc of long lerrn bonds, shall bc rcpaid in full (including uccrued interest) upon
receipt of [fie boad proccecis,
A-7
Draft Draft Dratl Urafl 1:)rnfl f.)ratl I)rafl Dra(1
d.The ioaning fwid shall lmve adequate iLnds to make the loan aiid to mcet its anticipatcd • Formatted: BuIlets and rtumberiruy ~
opcraling nccY15 over the life uf Ihe Icuui_
e. tntcrfund loans madc from the Genersil Fund Ic► fimds desigmuteQ u.s a prirnnry • (Fonnatted: (AAIeis and Phimbering
govertunental function wil) not bc rcquired to pAy interrst.
H. i N vEsTMEN•rs
( I I-IN 'I'he City of Spokanc Valley's investmrnt pnrtfidio will be clesigned tu ob[nin a mnrket
nveragc rxtc of reUim duritig budgeutty and economic cycles, taking into icernmt Ihc
City's iitvestment risk constraints and cash flow nceds.
!•I- =flte•C-iiy9-pFiet BREige +ts te1a!-~~5l~-:mA-~.da-eyuireleE~[-:sS~FS=inEi
mffFqeF--Elw! V.onfi%ni.ruolplecely to-tl:~e-o(x~sEra~ni~-o~t~is-poliey-~~+~2-rt~r~t+i~ti~ng-~E~e
t11Et'f25E-@91~ . 'Piis
~HYYfl#fiiN77~~1'ifliill'?`°(!ltF47U°JEU~-t3FJ~1~11- . - .
Fwtds of the City will•bc invc,,~texl in accnrdxnue; with the Revisul Cocle i,f Washington
(RC1V) 35A, ati ii eeisis ca nrav Ue aroended.
'llie prims+ry purpclse in iletennining a svategy for the City of Spoktmc Valley's
investment activities is as follows:
Legalits•: ne Ciqrs invcstmcnts will he in compli:u» wilh ull stalutes governing the
investineait of puUlic fwtds. lliis includcs tfic RcNiscd Coclc of Wsishinglcm, the I3ARS
manual, this investment roliey aitd corresporiding administrativc procedures.
afe y: Ssifety nf prineipal is of primary importance to thc City. Invcstments of the Ciiy
will be undertakcn in a marrncr th;rt secks io guard the preservation of capital in the
ovcrall puTtfolio. To ariain this objcc2ive, divcrsitication is rcquin:d in orclcr thFri
1 potential lasscs on indivicluHl sewrities dn not eYceed the income kenerated from other
~ i inve5lmenlS.
I i i'd' y: The City'S invesuiicnts will remain sufficicntly liquid to facilitatc the CityN,
neexl to nieet all operating and dcbt rcquircmcnis which miy;ht be retasonably anticipated.
Yield: The City's investmcnts will be esttahlished .vith the ubjective ufachieving u market
rqte (if retum Uirougltout budgetary ajid cconomic cyclcs, takins into ttccount Ihe Cily's
investment risk cansrraints xnd c:ash flow charatteristies uf the puoYfoliu.
hl-2 lhC City has also tEctermined lt) limit invesljnent pw•chases tu the 1'ollowing i.nvescmcnt
types, whiCh Ific City has defcrrnine(i hest meet (heir averall irvesuuent strategy. 'lliis
rauthori7iitiori applies to all City funds_
a,) Invcstmcnt ctcTosits, includiiig certificates of deposit, with quulificd public
depositorics as dcfinecl in Chaptcr 39.58 R(:W.
b.) Ccnitiaitcw, nutes, ur Uands of the United S[ates, or othcr obligntions of the
Unitod Ststtcs or its agencies, or caf any ctrrnaraliun wlrolly owned by Uie
goverr►rnent of the United States (such as the GovcmmcM Nationgl Mortgaige
Associniion). Hcrwevc:r, this swthori•ration will speciiically exclude
A-8 '
~ L
lyr9ft Draft I)raft Di-afi I)raft Draft Dra11 I:)rntl
Collaternlizcd Wrtl;uRe Obligations (CMUs), Rcul BStale Vlottgage Invcsimcnt
Ccuiduits (RL"7.91Cs), and other Principal Onty (POs) ancl lriteresl Only (IOs)
obligalions that are securcd with mortgages issued by any fcdcrni ngcncy, ~
irtstrumentality or privxte finn. '
\
c.) Obliga[ions of govemment-spoiLSOred corporations which are eligible as
collatcnil fur uJvances to mcmbcr Wnks uS deteitinined by the 13oani of
G+avernors of [hc Fedenil Rm-we System_ (Ihese includc hut nre not limited to
Fedcral I-lome I,.oui 13ank notes and honiis, Federal Farm Crcdit F3ank
ccms;lidaed notes an(i ht,nds, Fedeial Natianal AAartyage Association notes,
cLcbeolure.5, awd guarantccd ccrtiRcHtes of participation.)
d,) 14'aShington State Lnctil Govcrrmient lnvesttnen[ Pool.
c.) BantLs of tlte StatC of WtiShiriF;ton and any locfll govcmmeol in ttte 5tate,
pmvided they Carry e currcnt (lcbt raling in Ute [op thrce calegnries o1' a
riationally recognired rating ageaicy at the timc of investrnenG
f.) F*rime Banker's Accepl:uicm purchascd on thc secon(I:iry maii;et with mtings of
A l/Pl by u nutiunally recognizcd rating xyc:ncy.
g.) Reparcha,e agrecmCnts for securilieS listed above, providcJ thet the traisaction
is stnict►ircd so thiai the City of Spokanc V911ey obtains control over thc
underlying securitics and aiMitsler Repurctiase Agrecmcnt has Ixxn signed +vith
the bank or clealer. Colluteralization will be required on all rcporchase "
. agreements at a Icvcl of 102% uf the mvicet valuc of principal and accrued
interest- 77iis is to anticipxtc any miaricet cNajigcs and to provide yn Fuieyuate
Icvcl of s;curity l'or all tuncls. Collatcral is limited to the types of invcstmcnts
cfewiled in this scction,
I•I-3 `Me Pinance Director will consider aJl invesuuants as c~mmnn inve;strnertLS tivhosc
ownership is dcrivcJ from cach participating fund. Interest earned by thc cvmmcm
investment portfolio will be sipplied in iLs entiret}' to each particip:Aing funtiJ oit the basis
of i[s availablc c9sh bfjlsuu;e. Unless specificd by the Finwjue Director, all cish gnd ciLqh _
cquivNlent sssets of every funcl will be nirnsidered availablc Rir inve,sunrau. 'llie only
exception to thc unnnion investment ponfalio will be invesunents madc from the , i
proccccts of bond salcs and only to the exterit necessary to providc a sepHrxte accounung
of iijvestmsnt activily.
H-4 Funds sct asidc lu satisl'y Cify dcbt in umjunctinn wiUi an advancc refimding ubreerc►ettt
will be investcd in au;urdance tivith appropriatc bond dncumen[s and not ncccssarily in
uimPli:unce with this policy. !f h-nnd covenan[s are more n:strictive Ui[ut Utis puliCy,
funds will be invested in f'ull compliuncc with those ailditionsl restrictions.
14-5 tVl investmcnis of the City o1'Spok:mc Vallcy shall be rr►ade in compliance wilh rectereil
xnct State law and i.n ,icccFn9wice with thosc Iegal interpre:tations tfiut apply. 'I'he
invc:5tmenl of :uiy tax-excmPt borronving procesds and of any deht serviet fwtds sha]I
cumply with thc 1986'I'ax kefomi Act it'that Aat applies tn the debt issued.
H-b 'I'hc Finance Directur is the investment qffci:r of the C:ity. 'I'hc Finnnce Directur wil)
de.velop written pmcedures fur the opcration of Ihe investcnent progmm consistcnt with
this invesuneat policy and rinprnved by the City Managcr. "I'hGSe procedures will includc
a dctailed dele};:etion of 3uthority to pcrsnns responsible for invcstmcnt trunsicctinns.
1•I-7 'fhc Cily Mfm,iger will ptovidc invcslmenl oversight to thc Fint+ne:e: Direcior. 'I'lie
Finaitce Director will repnrt investment 3ctivity monthly to Uie City Manager anJ scmi-
A-9
. ~
j
I'lrull Drafi UraA DruR Diafi Dmft 17rall Di-afl
unmi:ill}' to the City Council. The City Council wil) atnend dle Invcstmcnt Policy, 2S
needed, by Kcsolution,
8 Il1-8 Investments will be mfide tivith,judgmcnt mid carc, in consicleratic»> of the circamstanecs
Uie» prevailing, which pcrson(s) af flduciajy responsibility would exereise in the
m:magement O(111eiY Owll IIffBirS IOr inw.,~rtmenl rurpOSES, nut for spcculation, Ueking intu
accuunt the probablc safety of their c::tpital as well as the probable income expeeted to be
dcrivcd.
hl-I Officers gnd cmployees involved in the inveshncnt pn,uxss will refiain from pcrsont+l
business aciivity that cuulcl um(lict with the proper execution of the investtnent program
or impair theie ability to makc impartiul investrnent decisions. FmPlnyees and
investmcnt officiflls will diselose to the City Cotmcil tmy substantive financial interest in
finsmcial institutions that conduet basiness wiUiin this jurisdiction. They will atso
disclasc nny material pcncnial financial or invcstmcnt pasitions that could bc rclt+tcd ro
the pertormance of the City's pcrrtfolio. L"mployees and Offiocrs will subordina[e the.ir
. personal invtstment u-duisaetions to thosc of the City af Spu}:ane Vullcy, P9rt1GiJIAiIy in
regard to the timing of purch,,ss;s fnd sales.
1-h10 17ie Financc I)ircctor may conducl investmcnt trnnsaGiimS wiUi se.veral compeiing,
reputsible investmeau seturitics brokcr/desilen. A list will bc maintaincd of xpPn>vect •
Security brokcr/clealers selected for thcir credit worlhines.s, induslry reputation,
knowledge of'public scctor investmrait pi.ictite., and who mnintain an nmce in tlie state
of Washin6Hnn. The I'inmice Uirector has the snjthority tc, rernove any brokerlclcalcr frrnn
the list, with or withoul c:iuse Uy tivritten nolicc. Brokcrldc:alcrs muy appeal the Financc
DirccUar's actimi by written appcal to the C'ity Mun[iyer.
h1-11 'llie Pin.mLN DirLGIOf wlll II1Qint310 :t IiSt Of finNnici.il insututions a5 requircd by the Publie
Deposii Commission (PDC), authurizod to providc invcstmenl servioes as outlined in
R.C.W. 39.58.080.
F[-12 All investmeni securities bought by lhc Ciry, including cullateral bcing hcld on
rcpun:tEa.se a$rcxments, +vill be held by the City or in safeS:ccping for the City by the
City's au.titiKlian baiik_ n Utircl pittiy httnk Irusl deparUtieiit may bc eppointed as egenl fur
Ihe City unclcr the terrrkr of a custudy or trustec agrccmcnt signed by Uotli 1fic bank and
the City. 'llie primary agent of the; custocliFm hank will pruvide a safckeeping receipt tu
(hc City listing the specific inswment, its In1C and msuurity, alid aaiy other pertincnt
infonttiatioa. All sccurity Irortstu;tions, including collatcml for repurchase agi-aentents,
cnte;mi into by the City of Spoknnc Vrtlley will be conductcd on a clelivery-versus-
paymcnt (C)V P) btt5is. 14-13 Itepurchasc Agrecmcnts rnity be entered into on a safckmpinb basis onty if a mastcr
agccmcnt with Uie bank ur u7isi depnrimont providinb dre safekeeping serviGC is first
nbuiined. This agreemcnt shall ve;ry clearly establish that the bank/tnrst is ttcting as a
third pmty agent for Uie Financc Dircctor, not the broker/dealer airaiiging the rcpurohasc
agreemenL,. Such thircl purty safekeeping arrangemrnts will be c!t►curnsnted with a
signed agreemeatt beriveen the Finflncc Directtir and qie bank/wst involvcd assuring ihet
the Finance Dinxtor ha.s aUsolute oontrol over the sccurities cmce dtey are dclivered to .
safekeeping and that the dc9lcr does not Imve access to them under any circum!;tances.
A-10
Oraft Drati fJrnli Urati I)rfltl Drati 11rafl Drall
F(-14 Inv,Imcnt (i(licials will Ue bonded to provide pmlection to the City agxinst Ios.s due to
possiblc embcrzlernent qr mall'eas.sncc.
FI-I S Tt►e City vvill tissun: that nn single institution or sccirity is invested to such an cxicnt thel
v clelay of liquidation at m,ihirily is likely to causc a cumnl cxsh ilnw emerge.ncy. With
thc exccPtion of IJ.S. Treusury securitics and the Sta[e Investment Pool, the c.iry will
invest no more than fitty pcre:ent (50%) of' its total invcstment portl'olio in a single
socurity type or widi a singlc rinancial inslihnicin.
1-1-16 'fo Ihe clegree possible, the City will sdlernpt to match its investmraris with anticipatcd
cash tlow ru{uirements. Liquidity shauld be ensured tlVOUgh practices thfit include
covering tlte ttext vendor tlisburse:ment tlltd payeoll datcs through maluring investments.
Unless specifie;tdly matched to a certain cush (lcnv, or estimated to mcct cash tlow «eeds,
the rity wiU not direcUy invc:st in Securities maturing morc thsu, ihree (3) years fram thc
date of parohasc,
1-1-17 'll►c Finaince DirecAOr or his designcc will aetively manage daily cash to die extent that
I uamsaction costs do nni r,rvercoine interesi eamings. T#ee o Ql-+s- ne-t+f
t~eeity•S entire-cbs4t-esE~-~t5h-eyfi++v~►k'H~c~,sets-ittvcst~l:
1. In`TFRC:OVERIVMEVTAL RLVENUES A1V7) RELATIUNS POLICIFS
Mflny service eosts of the City are inlluenced by oihcr govemrnen[s, eiUier becausc of service
overiap or scrviee mauidates imposcd by the e:uujriy, state, or fedcral govemrnerx_ Tt►e City shall
take advNninge o1' opportunitics to e.mhunce service dclivery through intergovemmental conFrerFitiun,
shsired revenues, and grsinLs while aggressivcly upPosing mandates that distort Iocal se.rvice
prioritics.
I-I The City will rofrnin friim w4ing grants [o mcct ongoing Service delivery nceds. In the
City's finnncial planning, grants will be trc::ited in the samc m.inner s,s all uther teanuorary
arid wioertain resourees auid will not bc uscd to fiind uri};oing, basic servicc nccds. •
. . %
I-2 All grgnt asn:ements will be revicived to cnsure uimplimice with statc, fcclerHl, und City
f'C67J iilLl lN1S.
I-3 'I'hs Cicy will krudget expenditures for bnmt-funded programs only afier a grant awv'd or
Icqer of cummitmcnt, and cmly for the mnount of grHnt siwarJ. City overhead ar indireci
Cosls for gritnt-fimded pCo(;rams will be incluc[ed in all yant proposals, where hennitted.
I-4 'I'he City tivill aWe5sively uppose s(qte or fcxleral actinns thul rtiandatc cxpenditures
wtiich the City Covncil Considers unnccessury. '17ie City will pur.;ue inteaguverrintentul
funding to support Ihe incremental cost of thusi: rriandates.
• 1-5. 'fhe City will w•irrk +vith other govemmenLS ti) ideaitifp the juristficlinn mo1t capable attd
appropriate to provicic sPecific public services. All intergc,vernriientaJ agrecmen~s and
ccmtracts for scivicc dclivety will be lirought 1'onvnnl tc, the City Council for appro.al. .
J. ACCOIJNTWC, AUD1Tln'(,:, ANU FINANCIAL REPURI'!NC POI,.1(,IE-S
'1'hc City shHll nmintain a systcm of linanciaJ monitoring, umtrol, Luid reporting for all operatiuns
and fiands in ordsr to provicte effective means of cwuring Ihat overall City goals ancl objectives will
. A-11
~
,
f)ra(1 Dr-dft Diafi Draft [7rafl Drafl I)reA Draft
be met :uid tu assure the City's partnsrs and invcstors thait the Ciry is ,vell muiia};ecl and fiscally
sotmd.
0 J-I 'Ilie Ciry will mniMain its acuwmting rewnls iri accordmice with state and fedcral I9w
mid regulations. Hudgetsry rcporting will be in uccurdance with the state's buJgct laws
aiid regulations. 'I'he C:ity will rcport its tinancial e:ondition mid results of opcrntions in
accordtmce wilh stute reguluticros ajid eenerally acceptcd accouniing principles anplicaHlc
ta governmentc. _
1-2 The State Auditor will annually pcrform a tinancixl ancl eornpliauiee audit of the City's
tinancial slatemcnfs. Their opiniirlis will be contained in the City's Annual Finajicia]
Repoat, aiid the Report on C;ompliance with the Sinble Audit Act uC 1984.
J-3 "I'hc City will minirnirx die imrnber of tunds. "I'hc funds will be e,ilegurized in
aceqrttance with genemlly accepted accounting principles (GAAI') fbr rcporting
purposc.~v.
14 'llie Financc C)irector will establish sucJ, interrial comU•ols and procedures ncccsstiry tn
ensure di.Gt the I'olluwing ubjec[ives arc achievecf:
i'xpUidih.irGS anil commitnients, including the prcrci:ssing nf nayrall, cumply +vith
a.pplic9blc Iaw.
Asscts an: safcgiiyrdcYl abainst wssta, luss, unauthorizcd usc, and misaPprnpriation.
Trnnsaclions xre reu,rdec{ properly so thai reliablc financatd tmd sttdisticnl reports can Ue
prepmred mid accountability for assets is maintaincd.
K. FlXED ASSETS '
K-I Cieneral govemmcnt fixcd n.sse:is ure definEd as lmid, buildings, cquipment, and
~ improvernents ta existing assets casting morc thsm SS•QqQ end having a useful lifc in
excess of onc yctic Assets wi1h a value or cast undcr S5,004 arc to bc cxpensed in Ute
year uf acquisition.
K-2 Costs associatcd with rcmodeling or chaiiges to the City's buildings will nnt be
' capitalixed ur►less tlie uset'ul life of the stnidtrre is exiencled.
K-3 Fnhunuernents ur additions to equipnycnt will be cHpiwli•r.ed anly iC the cast ar vatuc is
~ $IUOf► S08 or morc and the uscfid life is exiendexl_
K-4 Additions to City acquirccl vchiclcs will he capitalized aily if the item is to rem.gin with
Ihe veJiicle upcm JiSposul.
K-3 Esch <teparlmenl director is responsible far notifyinb Finamce in writinb oT all sssel5 sold,
uaded, Uransferrccl, and sorplused or lost sLt Itoe eime of the uccurreiioe.
~ K-6 All assCts 4ti`iJ_a vttc o1'SS.000 or mure tea!-ca7a-be4ebeled will have a numbcred City
of Spokcme Vnlley tug attached in a prnminent, camenient luwticm. AssetS of a lesser
value than the capitalizatian slandarcl of S5,00(l niay be tagged +vhere thcrc is a nced fur
prupeily control ancl nccovntability. I-inance will supply Ure tags which will bc urtachccl
by the clepbrtmeat rtceiving the assets.
K-7 All assets, regardless of valuc or capitHlizHlion, :ut ttte departmeait dircctor's
responsibility with regard tu uuckine, invenrory, and safckccping. Finunce is responsible
f'or keeUing and updating the (ixed i.ssr.t data9ase.
A-I 2
.
~ ~
llrafl DruJl Drtif9 Dya[l Dtn fl Ur:ifl Diuft Dr,ifl K-8 Assel disposal will bc in accordance with die City Purchnsinb Pulicy, Ordinance No. 03-
071.
I
I,. USE OP VULUiV"I'EERS
L-I A scopc of voi►mterr service descripiion will be provicled to all individuflls oncl
otganizfttions identitying the policics tmcl procectures for each project. f,iach descaipiion
will include:
Sl, dUl18S Or [Ile work assigned
b. sGipervisicm responsibilitics
c. uaining and oricntxtinn priur tu Neriorniing work
d. pcrsanal nririec.tive equipmcnt to be provideil
e. naiize oPcomacl Perscm end description of hnw to enntuci Uiem, and
f, any u8ier relevant informtdicm
L-2 Enc]i persun potentially coming into aintact with u.nsupervised chilclren ur the
hanclicapped will have completed a IwckL;roimct check fur history of Hnus4 :md/ar
sewal deviant bchavior or olher crimes of violcncc.
I: 3 Voluntcers umder Uie age of 14 shauld nnt he usecl due to thc level of ruquired
supervision. Urganizxticros whirse membcrship cansists of children undcr this 9gc
coidd be allcnvzd to pcrtomi vohmter.r Serviees ittheir organi7atinn provides proof
~ of liability insunmce mtd provides sdcquatc aclull supervision for the }•nung volunteers.
All orgm»zauoas must sign a waiver hulding the (;ity harmles~.s for mry iiijurics snd
claims of any kind re-qulting trom thcir t+ctions.
~ L-4 All indi.7duxl voluntecr tivorkcr's hours sltould be recorded by Ihe depatuneatt
supcrvisor and recorded as volunteer hours with the city's human resource divisio~n.
I,-5 Orgmniza[ions providing volwiteer servicc nrc; solely responsible fur thc orgFmi-r,ation'S
membcrs meclical i::ure for injurics incurn;cf during die scope of volunteer service. 'I'he
cirgwii•r.aiion is to provicle praid'of inedieal insurgncc tn ihe city.
I..-6 Urganizations prcrviding valunteer servicc shoultt siJ;ii "Agreeme.nt Kcgarding
Organi•r.Atianal Servicc with thc City," incluiting the agcemcnt tq clefend; indemnify and
huld tlte city harmlcss fiir uny claiins or lawsuits Ih:d erise twt of Uteir actiOics,
I,-7 Individual voluntcers shiwld sign thc "Agrccment Regarding Individual Scrvicc With
Thc City."
L-8 Detailed training re;cords identifying specific training prqvided, instructor, Emy testijig
result,c, wid auendance sheets will be kept by thc city for ta leiLst three yeais. Thcsc
records shaiild he svu to thc Human Rcsource Division.
I,-9 The City st►all providE pcrsonail pmtective equipment as required for the scopc of work
find identified by the Washington Industrial Safety and Hcalth AcL All volunteers
requiring personal prutective equipmcnt shnll be pn►vided training in its proper use and
cxre. All training will be documcntrtl, signed by the individu9l smd pruvided to the
City Human Kesaurce niviSion.
L-10 "fhe City and/or the volunteer rnay terminate this volunte7er sem-ice at any time without
A-I 3
~
DraR Drafl Dr9ti Drafl Draft prufl Deaft I~~fl
cstisc.
~ LN1_ '1'ravel reimbursement : Formatted: Numhered + Level: i+
Numbering 5tyte: n, B, C, •r SIHrt
~11-1 C:ouneil mcml~crs . V. I1 + Alignment LeR+ Alignecf
at: 6" + Tab aRer: 0.2.5' + Lident
at: M5
n. The tntal allocation of budPeled trncel for the Leeishativc hranch for Ihe -
vear will lic vuuortlonrtl 1/7 In cach Couocil niember. 'fhese maniec maj bc used to ~ Forinatted' LWerL• Left: 0", First
defrn • e~ enses for Irans ortatian ! ri Liin g meals nnd incideninl exienses incurml lint: 0"
in the cnnduct of cih, hu incc~, Periutlit ctatcmcntr of eaaendifur4~ 1n ~Ialc will br Formatted: indent LeIL 0.25",
provided enCh eonncil memher by the. hinancc Division. Shoutd a council memhtr Frst line: 0'
exhnus1 their auwrtionment ot' funds, divt person wiU hc resnonsibte fnr Vati•ment Farmatied: Mumbered a• l.evel: 1+
of oov Iravel rGlated ectienat Ur Ihet• mav requesl nvMimtarv aRoevtinn from Numbering Style: a, b, C, + Start
another euuneiLnernhet• s►~hn hns a baltiuce in their tnicel uccout►t. at: 1•f Wipnme~t: Left Allyned aC
0.44' •r Tab after: t. 19' +]ndene aC
1.19'
b 1)urin2 th Iad 6 months of a Council membcr's currcn tcrm of oflice, incurrint! -
Cih, businrrs-related tP,^,%'el cxnenJi[ures reniure the tirior authorizatinn nf llie ~rniatted: Indent: l,eft:.' 0.94",
Pinance Commitlec exceot w'hen such Irvvel fulfillq fhe oblieations qf the Hfst lirw: 0"
(buncilmemUer's tervire nn ,tulewide or repinn~l noards comm~ssianc or lrxk furces
~ (Formrtted: Indent: Left; 0.94,e ('ouncil memhe- will nrnti'ide the wzmc dqmentAtio2kne: 0"
emRlovee+. Formatxed: Ntimbered •r Levet: 1+
• Cdumhering Sly9e: a, b, G, + Start
at: 3+ Allgnment: Left •r Aligned ar
i\I-2 Citv Malnneer 0.94" •a Teb eRer. 1.19" + Indent aC:
1.19"
a Couneil rrLemhcrv and lhe FinanCC Ilirector nm authnrircd to nnnrave the C itv~ Farmatted: Inden4: I.eft: 0", Flrst
y~lnnaL'cr'S MIIIIbUY54111Cf1t1'Ct O~ CLS,. Ilne: (Y
' Formatted: (ndeitt: Lefi: 0.91".
First Yne: 0"
C:i4]' emnlnvee~ Formatted: Indenf• Left: 0', First
~ J line: 0'
' n CitY emplovees will f Ilvrn rrimbursement rules nrumulaete[I hv the CitY Nuntbered + I.eveL• 1+
Elnna~cr ~r dexi~nee. ' Numbertnp Sty1e: a, b, c, + Start
' dt: 1-4• AliynmenC Left + Alegned ak:
0.91" +'t'ab alier: 1.1G" •r [ndent aC
1.16"
t mInd~t: IrR: 0.91",
line: 0"
• n' a'1!. PULI(:Y RH.VIM:W Formatted: IndenC I.eft: 0.94",
. Nrst Ilne: 0"
'I'his policy vrill Ue ~~eriu~ciically roviewecl ti~r contant and Mpplicability. Formatted: Font: Flald
~ L'ust npprqvcd Ju4}-,SePtetnhet 200a. Form.4Led: Indrnt: Left: 0r, Frst
Ilne: 0'
A-I 4 .
~ i
S 1} O K A N E ~a,~ ~ . C O U 1-4 Y' X
OFFtCE OF THE HEARINC EXAr9IVER MICHAEL C. DEMPSFY, CMfEF EXAMINER
NI E vi O 12 AND U 1!I RECcfV
~ ED
SEp 2 8
TU: City Council, City of Spokane Valley CPryoF 2005
SPOK
City Flanning Commission, City of Spokanc Valley ~ r
~ZER
Frarn: Michael C. DcmpSey, City Fleai•ing Examiner ,7/116c'~/9
:F'ro Tem and County Hearing Examiner
R.e: 2005 Updated Report on City Hearing .Ex.a.nuner System
Date: September 26, 2005 •
The Cit}° Hearing Exaininer Ordinance requires the City's 1=1earing Bxamzner to repoirt at
least annually to and, iErequest.ed, ineet with, the City Couneil aud the Planning
~ Cornirussion.
The purpose of the EYacninei•'s reporr is tn revie-,v tlie adcnuiistration of the City's land use
policies and regulatoiy ordinances; anci any amendments to City ordinances or otller
policies or pracedures that would 'unprove the perFonnance of the liearing Examiner
process.
The i•eport may include a suinmaiy of the Exarniner's decisions siuce tlie last report. The
Heariug Examiner last submitted a zeport on March 31, 2005.
A. Matters heard bctween March 3, 2005 and SeplembEr 3, 2005
7°he Exannincr's Office heard and decided 31 matters for the City of Spokaue Va.lley '
during the above 6-rnonth period. This included 26 land use matters, and 5 iiangerous dog
appeaJs arising inside ehc ciiy limits. Uf the 26 land u.se matters, 25 were approvcd, and I was approveci in part. (rezone) atid
denied in part (preliminary plat and pCJD). Only 2 of the 26 land use decisions issued by
the EYaininer were appealed_
The avove-refei•enced laiid use matter approved in part and denicd in part by the E:Yamuiei•
~ was appealed separatety by the applicant and a neighboiirag property owner to the Cit.y
TtIRD F[AOx 13Usuc IvoR.KS Btrtt,pLuc
• 1026 WFSI' BROAfriVAY AVLNUE, SPdKAhtE, tivAsr-mNcroN 99260-0245
PMONE: (509) 477-7490 9 FAx: (509) 477-7478 •'I'D17: (509) 477-7133
~
tlnnual Kepori: oti Ciry of Spokane Valley Het•tring Examiner System
;
September 26, 2005 Page 2
Cauncil, which at~'irmed the Ex.aminer an-botli appea]s. The Council's decision Nvas
separately appealed to Superior Court by such parfYes, and is penciing resolution. :ln the
ot.her appeal of the Hearing Examiner's decision, the City Council affirmed the Examuier's
decision approving clie project. lhe City Council's decision on the second appezl was
rcccntly appeal.eci to Superior Cnurt.
Of the 5 recomrnendaticans made by the F}xamincr on dangerous dog appeals, the Board of
County ConunissiUnErs approvecl each recommendation. This inctuded 4 apneal denials
and one appeal approval. None of the Board's decisinns were appealed to Superior
Court.
The 26 land use mazters heard during the 6-month period involved a total Qf 37 land use
applications, witti several pi•ojects inveMng multiple applications. The following table
indicates the disposilion of lanci u.se matters lieard during lhe 6-mont.11 perind:
Applications heard behveen_ .March 3; 2005 and Sepfembcr 3, 2005 '
Decision Approved Denied Rehtmed A_ ealed ~
;
Plats 13 1 0 2 :I?UD's 2 1 0 l
Rezones 18 0 0 2
Chau e of conditious 1 0 0 0
Varianecs 0 0 0 0
Conditional. l7se Permits 1 0 0 0
Shoreline Yermits 0 0 4 0
Adnlinistrative A eals 0 0 0 0
Code Enforcement Q 0 0 0
~ 'l"OTALS 35 2 0 3
B. Bu dgel md En. enditures
The interlocal agreement bettiveen the City of Spokane Valley aad Spol:ane County is in
the proccss of being reuewed for 2005. The agreement provides that it will automatically
reuew after 17ecember 31, 2005, for consecutive 1-ycac• periocis, unlcss ternvnated by
either enlity with naticc. °l"he agreemcnt allows gor recalculation of the Lsarivner's hourly
rate charged to the Ciry each year; based on a formula st.ated in Lhe agreeinent.
~
i
0 FLnnual :keport on Ciry of Spokane Vallcy .H earing Examuier System '
September 26, 2005
Fage 3
_ The Hearing Exanliuer estimates tb-at Spokanc Valley will be billed no more than $50,000 .
for hearing exaiiuner services performed in 2005, based Or► a billuig rate of $88 per hour.
This is lESS than the amount budgcted for such services by the City for 2005.
1'he expenditures for the County Hcaring EYatniner's Office in 2005 are esti.nlated to bc -
appro.imately $164,000. The Lxaviiner estimates that approximately 35% ofhis tittie is ,
currently spcnt on Spokane Valle;y matters.
C. l'ZecUmrr►endations for chan;es in land L►se policies regulations aud nrocedures
The 8xaminer believes the hcariue exanuner systern for the City of Spokaue Valley is
workuig well. The small nuinber of appeals is one sign that Cut-rent Planning staff and the
Examiner are car-rying out theii- functions properly.
The City is in the process of drdfting a ncw comprehensive plan and 'uilplementing
developrncnt regulations to mcct the requirements nf the State Cnowth Manageinent Act.
This will rcplace the interim comprehensive plan and 'uiterun developmcnt regulations
adopicd by the City from tlie Coiinty, and provide much better consisteucy behween thc
City's comprehensive pla.n anci development regulationS.
"1"he adoption af cle,%v zo.uing under a netiv comprehensivE plan Uy tlie City will likely
significantly decrease the rrumUer of rezoae apPlicatians suUnvtted to Spokaue Valley, as it
clid in the County when the County adopted ies new zoning eodc and Phase 2
L7evelopment Regiilations.
The City recenily iipdated its Hearing Examiner Ordinance, and adopted rules for the
aUpea.l oFHearing Exaamter decisioris to the City Cauncil, with the assistance of t7ie
Hearing Esauiiner_ The Lxaininer plans to work with City legal staff in adopting
peimanent heariug esaniiner rulcs of procedure, to replace the interim rules adopteci f.xam
the County.
D. Otber matters
1 he City's wcbsite, uncier thc 'Depar[ment af Community Devcloprnent, can be acccssed
to obta.in eopies of Hearing Examiner decisions and agendas for Spokane VaUey matters.
The I-learing Exantiner is ail attorney on judicial status with the NVashingtnn Statc Bar
Association, and a member of the W-isbirigton Association. of Land:Use HeanDg
,
L '
Aimual R.eport on City of Spokane Valley T-Tearing Examiner System
Septembea 26, 2005
Page 4
Exanuners. T'hE Examiner attends continuing legal education (Ci.E) seiuinai-5 on land use
law each ycar.
"1'he Hearing Exaiivner is a full-tu-ne employee of Spokane County, and has beeri County
Hearing EYatiiiner since 1996. Before that, tlie Esamincr was a deputy prosecuting
attorney for 16 ycais, specializing primarily in lanci use, public works and other civil
matters. The Examiner has resided in Lhe City of Spokane Valley siuce 1937.
The Examiner's Office employs a full-tune staff a.ssistant, 'vfargic FLilkerson, `<<hn acts as
the clerk and recorder duruig land use hearings conducted for Spoka.ue Valley.
E. Meetiue with il,y Council and Planning Cotiimission
I'he Examiner welcomes thc opportunity tU meet witli the City Council and the City
Plannuig Commission to ciiscuss this report, if requested,
c: tiiarina Sul.-up, Cily Departtnent of ComiTiunity Dcvelopinent ,
David Alercier, Cit), Rgananer ~
ivlike Connelty, Cify Attorney
Cary Dris.kell, Deputy City A.ttorney
Marsha11 Farncll, Coun'ry Cluef Lxecutive Ofticer
~
`
~_J
C1Tl'
po°k,ane
00
~ ~ .;,oOValley
11707 E Spraauc Ave Suite 106 ♦ Spokane Valley WA 99206 •
509.921.1000 ♦ Fax: 509.921.10U8 ♦ cityhall@spokanevalley.org
Memorandum
To: City Manager David Mercier and Members of Council
CC: Nina Regor, Deputy City Manager
From: Morgan Koudelka, Administrative Analyst •
Date: October 11, 2005
Re: Spokane County Contract Approval (Update)
The prcvious update 4n 2005 service agreementt wa.s Presented lo Council c>n September 13, 2005.
Since tltat tiuue, '1"he 13oa.rd of C;ounty Couunissioners and the City Gouncil discussed the ' assurance clausc at a joint mecting and the County and City staff havc resolvcd somc add.itional
itetns.
~ Thc follouTing list is the same list that was presented,to Council on September 13 with updatcs
addecl.
Generat
1.) tlssurancc Clause - Thc County has rcmovcd the assurancc clause from the agrccments.
This clause states that no other city or town wrill receive morc favored treatment in the
receipt af services fiom the Counly. This item has been acideci to the agenda of the joint
CouncilBQCC meeling scheduled for September 29, 2005.
Updyte: T6c assurance clause itcm wxs not rc:solved at the ,joint meeting. The CiEy
submitted revised language to the County based on comments made at the juint meeting. -
10/3/05
2.) Keport Definidon -'1'hc modcl agrecments include boilcrplate languagc for the dcfinition
. of report. Reports arc uscd to deterininc Spokane Valley usagc. The boilerplate language
indicatcs that report is the Sp4kane County geo-codeci analysis repart prepared by the . Spokane County Sheriffs Office. Each deparhnent has different reports and «le have
requesteci that eaeh agreement have a report definition specife t4 the ciepartment providing
the se.rvice.
Animal Control .
` l.) Pet T icensing Surveys - The City is requesting revisi.nn n.f: language that allows County
tlnimal Control to conduct licensc survcys in Spokane Valley at the County's discretion.
Spol;:ine County Contract Approwil (Updatc)
October 11, 2005
1'sge 2 of 3
2.) Cusccamary Service.5 - The Cily is requesting rcvision of language that ties the service ~
pr.ovicied to Spokane Valley to what is cusc4mdrily pravided iri the unincorporated cou.nty.
1`his language seeuis to prevent tailoring senrices t:o the neecis of Spokane Valley.
Update: The Count}° agrced to the Gity's requcsts. 9/15/05
District Court
1.) )ii.itia.l Cliarge - The City is requesti.ng revisian of language ihat states the Ciry tiTill be
chareed for cases Nvhere tlie "ivitial" cliarge is a misdemeanor, grass misdemeanUr,
infraction, or violatiou of city ordinance that occurs titirithi.a Spokane Val_ley. During the
course oi' arrest or incarceration a more serious offcnse can bc applicd to the subject in
question. The more serious offiense wauld supersf;tle the lesser offense. Thc jurisdiction
responsible for the most serious offeuse is also cespaasible for. the corresponding court
costs.
2.) Dispute Resolution - The Cuunty has indicated that it docs not bclieve that the llistcict
Court, as an inciependent branch of gavernment, can; accorduig the Cotut Ceuera.l Rule 29, dElegate authcarity la an independent arbitrator. The City has suggcstcd that G.R. 29 docs
nat prevent the Court fTom using independent rnediation scrvices to resolvc financial
dispules. The desire is la use a cansislen/ clispute resolution process for all scrvice
agzeements.
TJpdxte: Thc City.has requested revisinn of the cust exhibit to reflect a portion of two judge's -
ti_me spent in the citics of Dccr Park and Cheney. Revisiunti xre also necessary to eliminate
duplicate c6ar;es for jury scrvices. 10/5/05
Hearina Examiner
l.) Baekup for Mike Dempsey - I1ie City aiid County are currently lool:ing at securing backup
.judges to utilize in the event of an absence or conflict of interest for curreut hearing
eYaminer Mike llempsey. .Tun, vTaaagcment
1.) Eliminate r-1grcement - Thc Superior Court currently bills the llistrict Court for jury
senTices. Tt appears the mechanism exists that will allow the City to pay for jury
managcment through ttie llistrict Court contract. The County i.s currently explori.ng t1i.i.s
UPt'ic>n.
Updatc: The County staff and City staff have agreed to remove the items from the,jury
services agreemeut that are uormally chargeci to the District Court (i.c. parking fces,
juror chargcs, industrial insurance). The,jury services agreement will continue ta eXist
for the purpose of charging administrative charges tci the City. 9r29/05
_
Spokane County Contract Apprnval (iJpdate)
October 11, 2005
Page 3 of 3 .
~ .E'rosecutor
l..) Land Use aud E1rlimal Control Cases - The Counly ha,s split out land use and ani.mal
control cases into a separate cost methodoingy. The City has requested diat these cases be
rolled into the same methodology as other cases and billcd out in the same manner.
2.) Tn.itial Chacge - ihis is thc satne issue that is adciresse,cl in the T)isfricl Court section above.
Public Defcnder
1.) Juveni]e :E2.epresentation - I'hc County language seems to indicate that all juveniles are
entitled to public defcndcr represenfation and do not have to quali:Cy at indigent, as adults
must. lhe City has requested elarif'ication qn Chis issue_
2.) Eiilianced Servic;es - The County's languabe allows.f.or separate billinD for aclditioual
deputy public defenders in the event of xn emergency. "1"he City has inquired if this is
necessary since the additioiial costs Nvould bc reflected in sEttle and adjust. .
GIS The Cit}- and County TSla are currently tryiug to iacorporate the G1S agreemeut into the model
agreement forrtiat
JaiUGeiger
The Cit), has mct with the County cosl allocation conSUltant and lhey have agreed tp lopk intU
ecinverting these agreement;s info settle a.nd adjust agreemen.ts. Ci.ty ancl County sta.ffNvill contuuie
negotiati.ng these agreements. .
UpclaYe: Thc County and City sta._ff. havc tcntativcly agreed to cost methodolog,y language.
Thc County is attempting to apply the same methodologry to all .jurisdictions contracting for j3il services and is reyuesting approval from all,jurisdictians at this Nme. 1.0/0I./05
Attached to t.his in.f.ormaxionat memorandum arc cost cx.hibit:s far Che animal contral; hearing
examiner, pre-trial services, prosectitor, and public defender agrecments.
The cost exhibits for the district court, Geiger, .jail; jiuy management, law enforcemenl, and G1S
agreements are still pending.
Attachments (5): Cost Methodology Exhibit for Animal Control Agree.ment
Cost Merhodoingy Fx.h.ibit f.or. Heari.ng Exanuier Agreement
Cost Methodology Extubit for Yre- I°rial tlgreement
~ Cosl Methociolooy Fxhihit for Prasecutor Agreement
Cost Mettlodology Exhibit for l'ublic Defender Agreement
F,xhibit 2
Spokaoc County
Spokane Valley Aiiimal Conlrol Contract !
2005
Cornpnncot A • Comaonent B Comoonent C
;
2005 Animal f'ercentagc
Cqntrt►l Adopted t3udget " Spokane Vslley Contract Amount
Dcpsrtmenta! Revenues 420,994.00 43.05% , 202,287.62
Lcss: Deparunental E;xpendi0.ues
Salary 804,917.00 - 48.05"/0 .386,762.62
tif R: O 206,980.00 " 48.05% = 99,453.89
Lcss: Indirect Costs *271,257.03 ' 48.05% 130,339.40
Toial 862,160.03 . 414,267.89
\`otes
Component A represents Animal ControPs 2005 sdopted budget for revenucs and expeilditures.
Rcvenues do not ineludc cstimated don:tcions, neutering reimbursements and surcharges, ancl .
coniract revenurs.
"1'he percentage of senvices providecl to Spokane Valley is bi~sed upon the results of a Time ~
Study performed by the Animsl Control Senvices Departmcnt. The percentage of scrvices
providcd to Spokane Vallcy was 48A5% based .an stakistics (January - Ju1y 2004). Component A muttiplied by Component B cquates the contract amaunt.
The Jndirect (Ovcrhead) rsce of 33.7% is applied to salaries only. Thc indirect rate is based on
Spokane Counry's Otv113 A-$7 Inclirect Cost T'!an Escalatad 2003 for 2005 (2005 S&B)
prepared by PRIM Group, an indept:ndcnt plan preparer. '
. - ~
4/14/2005
~
EXF[[BIT 2
' SYOKANE CGIINTY
SPOKANE VALLEY lir:Al2]NC EXANI[NER HOURLY ,RATF
2005 CON'I`RACT 2005 M&C) Cost
Adopted llirect Labor Indirect Per Per Per
Position No. Budgct Cost pcr Hour Hour IIour IIour
He-iring Examiner 1 1 QQ,339.00 51.46 4.53 3.47 59.45
Staff Assistance I 1 51,842.00 26.59 2.34 28.93
2 152.181.00 78.04 6.87 3.47 S~.3g Note: Itate based on indirect costs per A-87 Plan appliul to salary and
benefits 8.80%
Maintenance & Operatinn
2005 Adopted 1'f & O 10,771
I.ess: Fxpenclitures Not Related to Spokane Vfllley -
4170 t,egal - IJSe Spokane Vtilley I,egF►I Serviccs tor Vallcy Cases
5110 IntergoverrtmeuG'd - Spokane V,illey will hire sep5rate counyel for contlict cascs
9110 [nterfiinci FrUfessional - will noi spend •
. 9502 [nterfilni:t A4otor Foo] - wi.Ll not use for V<<Llcy cascs
Less: Eapenditure fteductions
3111 Qttice Suppties - retiix:ts expectecl cosi for 2005
4140 Other I'rofescional -Leais recearch only expecteci ctrst
4944 E'rinting - reimhurced for 85°/a of c«st
Adjusted M & p
Annual ITo urs
Annual I-Iours Worked 1,950
Note: Spokane Coun[y employe:es work 7.5 hours per day, 37.5 hours per week, and
1,950 hQUrs annually.
Page 12 uf 12
'
N,zljibit 2
SNokane County
Spokane Vallcy Pre-Trial Sen•ices Cuntract
2005 ~ J
Coin[►onent A r Cornponent I3 Cnmoonent C Comnrrnent n
Perccntagc of Budget
2005Yre-I'rial Dedicated to : Fcrccnt•rge
ScrviccAdopted$udget* MisaemeanorServieesSpokaneValtey 1,44 ContractAmount
Salary 317,774.00 110,839.57 ' 2932% 32,498.16
M& O 10,444.00 ~ 3,642.87 . 29_32% 1,068.09
CarJital
[ndi.rcct Costs 12,459.80
328,218.00 114,482.44 46,026.05 '
~
Notes
CUmpnnent A rcprescnts !'re-7'rial Serviccs' 2005 atiop2ed budgec
"Chc Percentagc of Pre4rial Sen~icrs budgct cfcdieated tu Miulemeartor Services is 34.38% for salary and A4 & O. Component:l
multiplied by 3A.RR°/g eyuals thc amounts represerEted in Component B. '
1'he perceniage of Pre Trial Service Misdemeqnor C:+ses attributable to thc Spokarie Valley w-,u 29.32°/u bascd upon the resulu
of F're-7ria1 statistics (April -lune 20W). Component B multiplicd by Componenl C equates thc contract aniount.
"ihe Indirect (Ovenccad) rate of 38.34% is used. Thc indirect rate is based on Spokane County's 0M13 A-$7 Indirecl Cost ,
Plan Escalatcd 2003 for 2005 fiscal year (2005 SRB); prepared by DIviG Maximus, an indcpcndent plan nreParer. . ~
i
4114J2005
.
~ Fxbibit 2B -
Spokane Couuty
Prosecutor Department
~ Infractioii Services Cuntract
2005 Contract
Infraction Contract'
SAlary 24,078.53 im R. O 654.12
Capital -
indirect Cosu 1,690.31
26,422.96 Notes
• Tlte Yrosecutoes Office changed the methodulogy used to ealculate thc contract
for Infraction Scrvices.
'Che I.nctirmt (Ovefiead) rate of 7.02% is applied to sslaries only. 'I7ie indirect
ratc is based on Srokane County's OMB A-87 Indirect Cost F'lan i:scalated 2003 for
2005 (2005 S813) preparecl by PR,V[ Group, an independent plan preparer.
f
1j~ - -
r
~ Exhibit 2A I
Spokane County
1'r45ecutor Depariment
~ A9isdemeanor Contract J
~ 2005
~
Coiliaonent A Comportent B Cpmaonent f
Prosecutor Budget Allpr-ible E'ercentage
to kN7isdemeanor Services • Spokane Vallev Contract Arnount
Salary 877152.79 ' 26.99% 235,124.14
M& O 65,626.60 26.99% , 17,712.62
Capitsl _
Indirect Costs 64+ 61,154.93 26.99% ' 16,505.71
997,934.32 269.342.47
Notes
' Component A represents the ttmount nf F'rosectator budget ariributed to Mistlemearior Services.
Satary is based on !he pcrcentage of 19isctemeanor woril• Inr 7.54 attomeys and 9.2 support
. stafL The County Prosecutor, Chief Dcputy, and Administrative Staff salary is allocateci
based upon the numher of attorneys supervised and or Supporicd. .
t'vt & O is alioeated based un number of misdeme.inor attorneys divided by totsl attorneys •
supparcecl by budget (2500036).
The perceniage Uf Misdcrne.enor Seivices sttributable to thc Valley City is 26.99%.
Component A multiplied by Compqnent B equates thc contract amount.
The Indirect (Overhead) rate of 7.02% is applied to salaries nnly. 'Che inciircct rate is based
on 5pokanc Cqtinty's 0MB A-87 Indirect Cost lllan Esuilated 2003 for 2005 (2005 SRR)
prepared by PRM Gronip snd inclependcnt plan preparer.
~
i
Exhibit 2 ' Spol;ane County
~ Spokane Valley E'ublic Defender Contract
2005
Comr►onent A Comnonent B Component C
2005 Public Defender Percentage
- Adolited Budget Spokaue Valley Contract Amount
Sat;w - Ntisdemeanor ' 866,989.00 ' 3325% 285,275.39 '
M& O- Misctememnor ' 20,790.00 = 33.25% . 6,912.71
Salary- Imestigator " 282,554.00 LOd%~ 2,825.54
Cspitak - - .
[ndirect sss: _ ~ 22,502.10 .
1,1.70333.00 320,515.74
\`otes .
• " These arvounts represent the Public Defender misdemeanor Adopted 200$ budget (3050052).
Invescigator Salaries are a component o[the Public Defender lcgal secviees budget (3050047).
'Ihe pcrcentage of Public Defender cases sttributable co the Spokane Vallcy is 33.25%.
~ "Che percentage of Investigator salaries attributablc to Spo6:ane Valley is 1%.
Camponent A muttiplied by Component 8 equates thc c:ontract amount
The Indirect (Overhead) rate of 7.73"/o is applied to salarics only. The indirect rate is based on
Spokane County's OIviB A-87 Indirect Cost Plan I-Escalated 2003 for 2005 (2005 S&B)
preparcd by PIUM Group, an independcnt plan preparer. ,
,
~ CI11p6kane-
.
$Valley
Memo . To: Mayor & City Council
CC: Dave Mercier, Nina Regor, Marina Sukup, Heather Kauer
From: Greg McCormick, AICP - Planning Manager
Date: October 4, 2005 `
Re: 2006 Community Qevelopment Block Program
~ ~ •
L.. :
Bacl~qround
'ilie Housing and Community Development Advisory Committee (HCDAC) has
reconvened and begun worlcing on the 2006-2007 CDBG Pragram. The HCDAC met
• and developed a recommendation of the CDBG Program funding policies and selection •
criteria for 2006 CDBG funding, which was forwarded to the Board of County
Commissioners (BoCC). The BoCC has subsequentiy adopted the recommended
program, which includes the following timeline of events:
September 2005 - Funding Policies
9108/05 HCDAC Meeting to Finalize CDBG Program Objectives and Selection Cnteria"
9/20J05 CDBG Program Objectives and Selection Criteria to BoCC for Approval'
October 2005 - RFP 10/03/05 CDBG Request For Proposals Advertised (Published)
10113/05 HCDAC Regular Meeting
10/18105 Applicant Workshop - 9:00 a.m. -12:00 noon.'""
. IVovember 2005 - Applications Due
~ 11/10105 CDBG Applications Due (Must be postmarked by midnight)
11/10/05 HCDAC Regular Meeting
11/14/05 Staff Begins Eligibility Review of Proposals & Preparation of Staff Reports
1 •
December 2006 - Staff & HCDAC Review
12/19/05 Preliminary Staff Reports to HCDAC for Opportunity to Request Additional
Information
January 2006 - Proiect Selection
1106J06 Final Staff Reports to HCDAC
1/19/06 HCDAC rneeting - Projed Selection/Allocation
1126106 HCDAC Meeting - Project SelectioNAllocation (if necessary)
February 2006 - Proiect Selection
2J20106 30-Day Public Comment Period on 2005 Annual Adion Plan Begins
2/28/06 Final Opportunity to Propose Amendments to ConsoJidated Plan for 2006 PY
Marr-h 2006 - Public Hearings / Final Recommendations
3/02106 Public Hearirrg on Preliminary Recommendations / 2005 Annual Action Plan
3l09106 HCDAC Meeting to Discuss Public Comments & Finalize Recommendations "
3l28106 Draft Annual Adion Plan to the BoCC for Notice of Public Hearing Meeting
Apri12006- BoCC Review of AAP & ERR / RROF
4/04l06 Notice of Public Hearing for Annual Action Plan on BoCC Agenda
4/18I06 2006 Annual Ac#ion Plan on BoCC Agenda " 4/18106 Publish ERR Findings / RROF for Comment''"
MaY/June 2006 - Housina & CD Plan & RROF to HUD
5/03/06 2006 Annual Action Plan to HUD for 45-Day Review '
5/09/06 Request for Release of Funds on BoCC Agenda**
5/11/06 HCDAC Regular Meeting
5/12/06 . Submit Request for Release of Funds to HUD
6108106 HCDAC Regular Meeting to Elect Chair and Vice-Chair/HOME Program
July 2006 - CDBG Funds Available
7/01/2006 Anticipated Start of 2006 Program Year
Spokane County has estimated for planning purposes only, that the County will receive
$1,500,000 in CDBG funding for the 2006 program year. Moreover, the C4unty anticipates •
another $100,000 in program income to be available for the 2006 program.year for a total of $1.6
million in CDBG funds. There are statutory limits on the administration and planning allocation of
20% of new funds or approximately $300,000. Also limited by statute is the human s&vice
allocation at 15% of available funds or approximately $240,000. Both the 20% for administration
and 15% for human service programs (approximately $540,000) are deducted from the $1.6
million available for the 2006 program year, resulting in approximately $1,060,000 available for
~
0 Page 2
capital projects. The County has indicated that it will typically receive requests for funding that
are two to three times tlie amount of the available funding.
~D
The County's CDBG policies include a list of program pnonties for the coming program year in
the areas of Community Development, wiiich includes public facilities, infrastructure, public
services, anti-crime programs, youth and senior programs, economic development and planning;
homeless and special needs populations; and persons in families with children. Programs within
these program areas have been identifieci and assigned either a low, metiium or high pnority.
Funding is allocated first to projects that involve a need that has been assigned a high priority. If
any funding remains after the high priority projects are addressed, medium priority projects 'are
considered and so on. Arnong the high priority needs that have been identified are water, sewer
and street improvements and economic development planning.
City staff will be meeting with County staff to discuss potentially eligible City of Spokane Valle~
CDBG projects. City staff will be attending the upcoming ApplicanYs Workshop on October 18
and any subsequent meetings related to the CDBG process. _ Potential City Projects -
City staff has met to discuss and identify potential projects that would be eligible for CDBG
funding. The following is a summary of those projects: NeiAhborhood Cleanup Proiect The proposed activity is a targeted neighborhood clean-up opportunity. The activity
will be scheduled for a given Saturday. There will be iwo scheduled clean-ups, per
(l ~ area, one in the fall of 2005 and one in the spring of 2007. Project timing is related to
the CDBG funding cycle, which begins approximately July 1, 2006. •
The activity will be strictly controlled and limited to house hold trash, yard waste and
residue drop off. There will be seven (7) separate monitored drop off points allowing
low income residents the ability to dispose and recycle. The drop points will be
_ located in public school parking lots or local church parking lots. Access to drop off
points will be controlled through the use of distributed flyers (acoess passes) to the
target areas.
The project will be facilitated by the City of Spokane Valley Gode Compliance Staff,
S_C.O.P.E. volunteers, East Valley School District, West Valley School District,
Central Valley School Distnct, Spokane School District # 81 and various local church
groups. Code Compliance staff will advertise for and facilitate the citizen
participation, develop and distribute flyers.
Preliminary Cost Estimate: $50,000 Montqomerv Avenue - University Road to Arqonne Road .
This project will grind and overlay the aspfialt surface on the existing two lanes to a
depth of 4 inches. Portions of the roadway will need to be reconstructed. Minor
widening of the roadway is proposed to provide a constant 45' width. In 2005, the
~ City of Spokane Valley received $464,400 in CDBG funding for the Montgomery
0 Page 3
Avenue project from SR 27 (Pines Road) to University Road. This project will
complete the entire length of Montgomery.
~
Preliminary Cost Estimate: $1,034,338
Vera Terrace Sanitary Sewer Proiect
This project is to replace existing septic tank systems with a sanitary sewer system in
the Vera TeRace Sanitary Sewer Basin. The installation of ths sanitary sewer system
would leave roadways with trench patches. The funding requested would allow full
width paving for the portion of the basin north of 4th Avenue.
Preliminary Cost Estimate: $207,815' Barker Road -Applewav to SpraAue Avenue
This project consists of reconstructing and widening the existing 2-lane asphalt
roadway from Sprague Avenue to Appleway Avenue. The approximate projed
length is 1,250 feet. The proposed roadway will have three vehicular lanes (two
through lanes and one two-way left tum lane), bike lanes, curb and gutter, and
sidewalks on both sides of the street. Stormwater will be collected and conveyed to
treatmentrinfiltration swales for disposal. A right-turn lane will be added at the
Appleway Avenue intersection. Narrow right-of-way purchases will be required on
both sides of the roadway along most of the cflrridor.
\
Preliminary Cost Estimate: $1,394,228 -
Next Steps
A public hearing.is required on proposed projects for CDBG funding. This hearing is scheduled
for October 18, 2005. Final action identifying the City's project list is scheduled to go before
Council on October 25, 2005. This timing will allow staff sufficient time to prepare the necessary
application materials to meet the County's November 10, 2005 deadline.
•
~ J
0 Page 4 '
b ` .
T ~M~ ~gto~
,
~ . ~ , •
' ~inarlce Q~c~z~
ASSOClc`t1011
September 6, 2005 , ' •
RECEIVED
Mayoz Diana j'Vilhite SEP 0 9 2005
City of Spokane Valley
11707 E. Sprague Ave., Siutc 106
Spoka.ue Valley; WA- 99206 City of Spokane Valley
Deaz vta.yor Wilhite:
The VVash.ington Finance Q(:Ficer's Association ancl J would like to inform you that J'asort
Fuaclkner llas earned the "Professional Finance Officer Awar.d" for the State of Waslungtou by .
~ the Washington Finance QEf:icer's A.ssociation. 1`his annual awaxd requires ongoing educational
a.nd professio»al excellence on the part of each individual and is not autoniatically awarded.
Ja.son. is committed to achievinb edticational and prof.essional eYCellencc as acknowleciged in the
receipt o.f: tlus award.
The A.ssociation would 1_i.l;.e to thank you for your continued support and encouraoe you to
recognize ttus accomplisliaient in some manner.
Siucerely, Dawn Schauer, WF0A Awarcis Cbair
City of llii!'ont _
303 BarksdxlE Avenue DuPont, `VA 98327
(253) 912-53$3