Resolution 08-005 Aquisition of ROW, City Manager Authority CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 08-005
A RESOLUTION OF THE CiTY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING LIMITED AUTHORITY TO THE CITY MANAGER
REGARDING ACQUISITION OF REAL PROPERTY IN CONJUNCTION WITH CAPITAL
AND OTHER DEVELOPMENT PROJECTS.
WHEREAS, SVMC section 3.40.050 (H) authorizes the City Manager upon approval of the City Council
to proceed to acquire property through negotiations; and
WHEREAS, the City of Spokane Valley (City) City Council passed Ordinance No. 05-033 on the 13th
day of December, 2005 which set forth procedures for the acceptance of public right-of-way, requiring a
resolution of the City Council; and
WHEREAS, Ordinance 05-033 amending Chapter 10.05.450 of the interim Zoning Code was repealed by
the City Council upon the adoption of Ordinance 07-015, adopting the Uniform Development Code;and
WHEREAS, the City Council by motion on the I2'h day of October, 2004 had delegated to the City
Manager or his designee the authority to grant right-of-way acquisitions, confirming and clarifying a
previous delegation which is recorded in the council minutes of May 20, 2003 which authorized the City
Manager to "execute right-of-way acquisitions as they relate to construction projects;" and
WHEREAS, the City Council now wishes to clarify its grant of authority with respect to the acquisition
of right-of-way in conjunction with capital and other development projects; and
WHEREAS, the City Council wishes to affirm and ratify past actions taken by the City Manager and/or
staff related to the acquisition of right-of-way in conjunction with the capital and other development
projects as is set forth below,
NOW, THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County
Washington, as follows:
Section One: Acquisition of Right-of-way. No real property dedicated to the public use by an owner of
such property shall be deemed public right-of-way, or under the care or control of the City, unless the
dedication has been accepted through passage of a resolution confirming the same by the City Council,
However, notwithstanding the above, in the circumstances set forth in (a), (b) and (c) below, the
authority to negotiate and accept such right-of-way is delegated to the City Manager or his designee
pursuant to SVMC 3.40.050(H).
a. the right-of-way in question is acquired as part of a capital project within the City of Spokane
Valley.
b. the right-of-way in question is acquired as part of a plat, short plat or binding site plan pursuant
to RCW 58.17.
c. the right-of-way is acquired as part of a zone change application, building permit, special
permit or conditional use permit issued by the City.
Section Two: Acceptance of Right-of-way. The acceptance of all right-of-way or property acquired by
the City of Spokane Valley prior to the date of this resolution and approved by the City Manager or his
designee in conjunction with the construction of capital projects within the City of Spokane Valley, or as
part of a plat, short plat or binding site plan pursuant to RCW 58.17; or as part of a zone change
Resolution 08-005 Street Acceptance Policy Page 1 of 2
application, building permit, special permit or conditional use permit issued by the City, is hereby
affirmed and ratified and the same is deemed public right-of-way and under the care and control of the
City.
Section Three: Prior motions replaced. This resolution is intended to repeal and replace any grant of
authority made pursuant to the prior motion approved by the City Council October 12, 2004 which
delegated to the City Manager or his designee the authority to grant right-of-way acquisitions; and/or the
delegation which is recorded in the council minutes of May 20, 2003 which authorized the City Manager
to"execute right-of-way acquisitions as they relate to construction projects."
Section Four Effective Date. This Resolution shall be effective upon adoption.
.Adopted this 1' day of April, 2008.
City of S•: • Valley
04""'
ATTEST- • 'chard Munson ' ayor
Christine Bainbridge, City Clerk
Approved as to form:
Offices the ity Attorney
•
•
Resolution 08-005 Street Acceptance Policy Page 2 of 2
•
•
yy
• it I 1•
•
•
Ire •
•
•
Warren said that the City will evaluate this plan each year to determine if the.priorities
remain the same and that the State Transportation Improvement Board is holding
funding for the Couplet until Spokane Valley has an opportunity to complete its
• Comprehensive plan. Council agreed that staff prepare a calendar of the land
useftransportation elements for June 3, 2003 study session;and that the City needs to
• consider an economic study- Council consensus is for a public hearing on this plan at the .
Jane 10;•2003 meeting and introduction of adopting ordinance.
Barking dog enforcement cost WornLaden: City Manager Mercier said that Spokane
County Animal Control Director Nancy Dill has s'ubm.itt d analysis of costs for added
coverage to provide after hours barking dog enforcement. There was discussion about
various methods to address the problem, the number of complaints currently received on
various types of dog activity, enforcement difficulties during the late evening hours, and
how best to control errant animals. Consensus of the Coun.ci].is that staff should do
•
• further study as to the best method for addressing this issue.
Mayor DeVletning recessed the meeting at 7:30 p.m. for,approximately ten minutes.
•
The Mayor re-opened the meeting at 7:42 p,in, •
Street Obstruction Permit Specialist and Seasonal Inspector: City Manager Mercier
said that at the May 15, 2003 study session Council agreed on a street obstruction permit
fee. With the construction season beginning, staff requests authority to hire additional
staff to provide ability to respond to the increase in activity and to assure compliance.
with City standards,
Councilmember Flan'Eaan moved and Councilmeinber Denenny seconded approval be
granted for hiring a permit specialist and a seasonal inspector for street obstruction
permits. The motion carried unanimously. - -
L u�ast�rairtaurx a-bi ': i;_h���n�:ura a,ci ni.sitkoaxs: ITity Manager Mercier said that often
times there is a need to acquire portions.of right-of-way for particulaa-construction
projects. State law requires that anyti me property is proposed for acquisition or to be
released, there must be Council approval, There was discussion of costs for this type of
acquisition and that generally the cost is capitalized in construction costs, although the
City has a small budget amount for this iteitn. •
•
Deputy Mayor Wilhite moved and Councilrember Munson seconded that the City.
Manager be authorized to execute.1i9ht-of-way acquisitions as they relate to construction
prof ects- The motion carried unani.naousl
Budget oversight: There was brief discussi on as to the need for all items submitted to
include budget., the difficulty developing a budget for the City since there are many
uulmowns for a new City, the need for Council to meet its oversight responsibility and
that monthly financial.reports will be available.
•
CouneLI Study Session Nom,May 20,20D3 Pate 2 of 4
Approved by Council 0d-]U-03 _
1±[oiiun (!a►isidcro-�tinn; E�tens nxt o1'M)c:le ntrd Eluthuril,y—Dwaine ien
It was moved by Mayor DeVleming and seconded by Cou ncilmemfier. c nittm�Is to extend the authority of
the City Manager, or designee, to grant right-of-way acquisitions. City Manager Mercier explained that
this is more of a housekeeping item, that typically councils will delegate right-of-way transactions (as
they relate to construction projects)to administrative staff; that in May 2003 such delegation was given to
the City Manager but did not include the phrase "city manager or designee" and by so adding the
designee this will be consistent with other authority delegated to him. Mayor DeVleming invited public
comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None.
Abstentions.None. Motion carried.
PUBLIC COMMENTS:
James Pollard, 17216 E Baldwin Ave, Greenacres, Wa: handed the City Clerk his letter addressing
concerns about the north Greenacres area and the necessary steps toward due process; he said that with
the rezoning by the County to UR7, the neighborhood petitioned to ask for a rezone, as of this date no
answer has been received regarding the rezone; that.meanwhile the area has been running through
developers; he said that the Planning Commission held a hearing September 23, but the issue became
confused and the Commission tabled the matter for two weeks; he said that he is now getting notices that
at least one particular developer has entered an application for development, that he feels there will be
nothing left of neighborhood by the time the City gets to this issue; that a lot of damage has been done,
and that he had asked for a moratorium at one point but has not received a response and he feels the
approach being taken does not follow GMA. Mayor DeVleming said Council will direct staff to research
the issue and get a response back to Mr. Pollard as soon as possible.
Mayor DeVleming invited further public comment; no further comments were offered. Mayor
DeVleming called for a short recess at 7:10 p.m.; he reconvened the meeting at 7:20 p.m.
ADMINISTRATIVE REPORTS: [no public comment]
8. Sign Code Committee Update—David Crosby
Mr. Crosby explained that. the Ad Hoc Sign Committee was charged with the review and update of the
existing sign regulations, and added that the Committee has met on a regular basis since June 2004. Mr.
Crosby's PowerPoint explained the background, the committee findings, the recommendations to date,
and the next steps, which include staff drafting an ordinance for review of the committee and forward to
CTED, an eventual public hearing before the Planning Commission, and then to Council for adoption
consideration.
9. Code Report—Tom Scholtens
Building Official Scholtens said there are two issues which need to be addressed: the Building Code and
the Fire Code. Mr. Scholtens explained the issues as per his October 12, 2004 Request for Council
Action, and afterwards remarked that we would need to amend our ordinance to conform with
Washington State Code, and if Council desires, to amend the current ordinance to establish a greater
hydrant spacing than currently provided, and to have fixed commercial hydrant spacing. After brief
discussion, Council stated it has no objection to staff working toward these amendments; and suggested
staff work with the fire department to modify the ordinance dealing with fire hydrant placement, and to
have meetings with the Water Districts to participate in discussion of these issues.
10.Report on CDBG Project Ideas—Greg McCormick
Long Range Planning Manager McCormick gave his PowerPoint presentation concerning Community
Development Block Grants. Mr. McCormick reviewed the listed projects as shown on his October 12,
2004 Request for Council Action. He added that the County estimated that the CDBG program will have
$1,500,000 in funds to allocate in 2005, and ended by explaining the next steps leading to funding. Mr.
McCormick also stated that staff has contacted local school districts for potential projects, and is working
with the Public Works Department for additional possible projects. Discussion ensued regarding specific
Council Meeting Minutes: 10-12-04 Page 5 of6
Approved: 10-26-04
I •
• CITY OF S?o . LL Y• . . .....0 .;••
,-,
n ,WASEEINGTON.
. ORDINANCE NO. 05-033
AN ORT.UNAN E "0F. 'LEE CITY OF SPO ANt VALLEY, .SPODE COTJl l
A 1NGTO , EsTALausErsiNG SPOKA E VALLEY CODE SECTION 10.05.450 — 1.0.05.455
ADOPTING G IiLA.TJO S FOR - ACCEPT Pam--OF-WAY DEDICATIONS, - - `7
PROVJ7)J @ FOR EVEI BIL1T , AlN�D'EFFECT1 E DATE.
'47 .AS, the City desires to have an organized process by .which it accepts real property .
dedicated to the City for use as right-o#-way for transportation purposes by the general public; and
wyrEE.T $A.S, most roads within the City have been or are anticipated to be, dedicated to the City
through the final platting process; and .
W1-LE TAS there does not currently exist a regulatory mechanism for acceptance from private
parties of real property for use as public roads in the City, except through the final platting process"
NOW, `.BIER' 'ORR, the City Council of the City of Spokane Valley, Washington, ordains'as
•
follows;
Section 1. Purpose. The purpose of this Ordinance is to establish a regnilatory mechanism
whereby real property can be dedicated to the City, and the City can accept the same; for public use for
transportation purposes when dedication and acceptance through final platting is not appropriate.
sq,ctiou 2. New Sections to Chapter 10.05, entitled "Right-of-Way Dedication Dedicatioe. are hereby
added to the Spokane Valley Municipal Code to read as follov,.s: . ,
" Section 10.05.450 ;rc lxtanc e L:l'1�iglit'.cif V ir% N 'real property dedicated to public use by an•
owner of such property shall be deemed pub is rip. -of way or under the care or control of the City;
unless the dedication has been accoepted through passage of a resolution confirming the same by the City
Council: This provision is not intended to change the dedication and acceptance process that occurs by .
operation of law under RCW 58.17 through the final platting process.
Section 10.05.455—Adoption of Procedures. The Public Works Director or designee shall adopt
appropriate procedures to ensure that any dedication and acceptance is in accordance with adopted City or
State law. � .
Section 3. Severabiliiy. • if any section, sentence; clause or phrase of this Ordinance should
be held to be invalid or unconstitutional by a court of .competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentience, clause or
. phrase of this Ordinaan ce. . ,
Section,4. - Effective Date. This Ordinance shall be in full force and effect five(5) days after
the date of publication of this Ordinance or a si urn niary thereof in the official newspaper of the City" •
•
PASSED by the City Council this 13th day of December, 2005. - 4
O Y Ct • .
A " Mayor,Diana Wilhite •
i C {
..,Christine Bainbridge, City Clerk
Approved As To Ru m: Date of Publication' / 3
. . r ✓_ . Effective .Ite: i ? —a.....9--0.5--
O-fic of Cis Attorney .
• . :
Ordinance 05-0 33 Adopt3ne Rie it-of-Way Dedkcatharn Process Page 1 of 1