2005, 08-16 Study Session
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AuLtinA - - _ :
c:i-rY oF• srok.A:vE VaLLFY
Ct-r-Y cotnvciL woRhstiEE'I'
STtmY SE5SION
TucsdAy, AuguFt 16, 2005 b:fll) p.m.
CtI'Y iIAI.L AT RF.DWOUD PI.A'LA
11707 East Sprnguc Avcnuc, Finct Fioor
(Pleasr Turn nR All EEcctronic llevires During the Mccting)
U15CUSS[pN LEAt1F.R 5(IBJECTIAC_'T1V!'i'1' GOAL
F_►rrrh rt-ce lntrtklurtionx:
: Iarnn Clary, Srormwufer Engincerrng 7erh by Ciluria AIrvttr, Slorrmwa1er Efixirrz•er
./«y Grissam, l3uilding Irurpector II by 13ulldrrig Qoriciu! 7'ari Sclroltenc
Kuri Kurtz, Permil Sj+eriulixt - by Builclrng Offictu! Tom Schollew
(.'hrtstuw Jmcssarr, P¢rnril .SpeclalLcl - try Ilydldr'ng Offielul Tum Sc1rollerm
t!tke CIHtne1~V. C!R .4ttorney - hy Clry Afanager ,(arn~e :Ilercier
I. N1it,r 1ickso-n (10minutrs) Memdtnndum of Uadcrstamiing (MOl'), 1)iscussicm;'Inf6rmsttion
Scnior Citi•rzn Associat.ion
?%1iF.c !ackk,n t 10 n1i1iutr~;1 CcnterPltice Fiber v5. 't I for Communicatirins Disc wLsiolv'ln furmntii,n
and I}atn
+ Mike JaLkson (10 minuccs) Cammuttity Collcgc [.c1se far CenterPlace Uiscussinntinformatiun
•1. Nril Kerstcn 0 0 minuics) E.stabli5hing r School Spced Zane at 1`'css DiscussiL,n'lnformation
Etemcntary Sc:hoot
Ncil Karstcn (13 minutes) County Mainten.utta Contract Optians 1)iscussion•ln}iyrmation
i,. John I-[ohman (20 minutrs) Startmvatcr Ciuidelini;Manual Ui:c:ussiuii,7nfunttatiim
i. Marintt Sttj.vp (:.Q minutes) PlanneJ f_init Development (PlJD) Primrr l)iscu5"ion'Iqforntnliun
h. C:auncitmrmbets OeVleminE. Cinvernance Mnnual Updatr l)iscugsion,7nfcrrnation
Dcnrnny & Flunigan (.20 mimitcs)
1>. `1ayor Wilhite (S minutes) Advance Agenda Addition5 n►5cussiennnforn„atI011
lt). lnfor[natian4nly Mcmoruttdum nn SFPA. !(caring Fxaminer lntcyrmatinn nnh-
DcciSian
11. Mayor V``ilhitc Cauncil Check in
f' C}ave Mcrcicr City htanagrr Camments niscussi0nrlnt'ormntion
Nbte: t►nleu olberwise notnd abos c, thrre N•ill Ire no pobtic commeav ut Cauncfl Study ScWons. However, CqqOCU aIMNS'{ rt9mtS
the rigbt lo tequrtt infonnstian fram the pnblic oaA staR ua appropriAte.
NOTICE: lndlviduals ptarmmg ta anrnd the meame wfw Rquirc qccioJ amstAna tci ar.crosRwxlas phrYOCa3, hearcnE ot nthet iapnumeab. plcaft cont20
the Ciry Cle.k at ( 30q) 91.1 • 10(►n w won ra pc*ss iblc w thrl srranganente mnr bc mu,7c
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CITY OF SPOKANE VALLEY
l_ Request for Council Action
Meeting Date: August 16, 2005 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ] new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : Draft Memorandum of Understanding: City of Spokane Valley
and Spokane Valley Senior Citizens Association
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: Staff was directed to prepare a Draft Memorandum
of Understanding.
BACKGROUND: The Senior Center Ad hoc committee was formed at request of Council.
The Ad hoc committee presented its findings and recommendations at the July 19, 2005 Council
meeting.
Based on the findings and recommendations of the Committee, staff has prepared a draft
Memorandum of Understanding between the City of Spokane Valley and the Spokane Valley
Senior Citizens Association. -
OPTIONS: Discussion. Provide staff with feedback on draft Memorandum of Understanding
RECOMMENDED ACTION OR MOTION:. Place Memorandum on future agenda for formal
consideration.
BUDGETIFINANCIAL IMPACTS: The City of Spokane Valley would no longer collect $12,000
in rent from the SVSCA. Instead, the City would rent the Senior Center portions of CenterPlace
for after hours use. The City would retain that revenue.
STAFF CONTACT: Mike Jackson, Parks and Recreation Director
ATTACHMENTS : Memorandum of Understanding
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DRAFT
ilMMoxAIStvUM oF rnvvErt.sTA.NTrnTG
Tlus Memorandum of Understanding (hereinafter "MOU") is entered 'uito by and beriween
the City of Spokane Valley (hereinafter "the Cily"), anci the Spokane Valley Senior Citizens'
~ A5ti0C1i1t1U1] (heCe111F1fteT ".5'V.,SCA"), joi.ritly re.f.erred to as "Parties". WIIE12Et1S, the SVSCA has provided valuablc services and support for senior citizens in
Spokane Valley at the existing Senior Center facility located at 11423 East vlission Ave, since 1976,
and
Wi-TFR.FAS, the Parties desire to clearly icientiFy roles af the City and the SVSCA
after the Sen.ior Center moves froin its existing location to CenterPlace at Mirabeau Fark, located at
2426 North Discovery Place. .
THEREFORF, the follQwing understanding is agreed upon,
1. Parties. `l`hc partics to this agrecment are the City of Spokaue Valley, and the
Spokane Valley Senior Citizens' Association, a non-profit 501 c-3 corporAtion.
' 2. Purpose. The purpose of this VIOU is to stunmarize the terms atid conditions
upcan which the SVSCA will provide support and services to senior citizens at CenterPlacc. `lhis
includes the rights anci obligations of the Parties under this MOU.
3. Contact hidiviciuals. The Gontact person provided by the City of Spokane Valley
shall be the Senior Center Specialist. The cQntact pcrson providcd by the SVSCFI shall be ttie F'resident nf the SVSCA.
4. Terms 4f the MQU. '
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a. The City is the owner of the enlire CenterPlace facility, inclucling thal portion
that is cotzimonly referred to as "the Senior Wing". b. The City will employ a Seiuor Center Specialist to coordinate all programs
and activities within the Seiuor Wing. The Seiuor Center Specialist shatl report to the City 1'arks and
Recreatiou llirector or desigiiee. 1 he Senior Center Specialist sha11 not perfonn S V SCA office work
or handle SVSCA fiuids. This section shall not limit the City's ability to exercise discretion in the
event that organi-rraCional, financial or operatinnal needs require staffing chai;es.
. . c. NO provision ui this IvIOU shall bc coilstrucd as authority for the SVSCA to
preclude entry fo the facility by any person, regardless of age. d. The 'SVSCA shall have nan-exclusive use of the Senior `Ving to operate
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programs for senior citizens Monday through Friday, frotu 8:00 a.m. tq 4:00 p.m., for tivbich nn .
facility rental fcc shall be vnposed by the City. 'Yhe SVSCA shall not rent or si2blet space ul
CenterPlace. All prograuis niust be available to the gcueral public wiihout limitation to membership
sta.tus of tlie SVSCA. Programs anci events o.f.Ferecl by the SVSCt1 must have pre-appraval from the
City. Lvents and programs may be added or deleted as per.mutual agrecmcnt between both parlies.
After 4:00 1'M and on weekends and holidays, the City of Spolcane Valley will reut space in t1le
senior wing to the general publie. All revenucs gcnerated by rentals will be collectcd and retauled by
- the City of $pokane Valley. •
e. 1'acility space fnr additional times for scnior progranLS may be made available
to the SVSCA upon requcst from the SVSCt1 President or designee to the Seiuor Center Speeialisl.
Upon receipt ofsuch requESts, the Pa.rks aild Recreation Director will detcrmuie, ou a case-by-ease
basis, whether space is available and u7hetlier a fee will be charged !'or such additional time using the
facility. Tlus detennination will be at the discretion of the Di.rector subjecl to all City procedures and
processes goveriung this action.
f.. All programs offcrcd by the SVSCA at CenterPlace shall be apen to the
general public, but may be restricted /o specifieci age groups, depend'uig on the activity. Provided
that, the SVSCA inay, fi-om time to time, conduct SVSCA meinberslup activities such as dinners or
banquets. Use ai'CenterFlace For SVSCA membcrship oiily activities shall be limited ta nU more
than four unpaid occurrenc,es per year. '
g. iNd later than 4:00 p.m., Monday through rriday, the SVSCA shall coordinate
. with Cit}, staff to ensure thal space iz clean and available for evening iise by the general publie.
h. All fecs for prograins wfuch are offered by the SVSCA t'ees must be
reasonab(e as compared with similar Cees charged for similar senTices in Northeast `Vas}ungton. ,
i. The SVSCA may, at its o%vn diseretion, ofter a discoLulted fec for prograans
[i)r which the SVSCA retains revenues. Such discounted fees may be lin..ked to membership
in the SVSCA. Fees paid for SVSCA irembership and fces paid by the genenil public, wliicli
arc collectcd and retained by the SVSCA, sliall be used for program suppor[. The Citiy i-etains
the ri;ht to exarliine fee structures and request changes to ensure fairness.
j. T'ees collected by the SVSCA are f.or progranis only. Fees c•harged hy the
SVSCt1 shall uot be related to adnvssion to CenterPlaee ar f:or use oTeyuipment or facilities
which are considcred by the City to be available to the general public or segmenC lhereof
k. Events which are prunarily inteuded for fundraising, or ase considereci "private
• events", iliay require a fe.e i~or use o(' CenterPlace facilities.
1. S VSCA Nvill be provided NAith non-eaclusive, shared office space in room 161
in the Senior Wing, .
M. The City shall selecC, ti-ain axld supervise volunteer5 andlor eniployees to stafl' .
the front counter of the Senior Wing. ~
C^ 1 n. Thc parties reeogaize tliat storage space is limitecl. The Citywill work vvitli '
the SVSCA to provide axeasanable ZInoLmt ofonsite storage for itenis which cannnt be reasonably
rempvcd by 4:00 p.m. each day. Examples include fwmiturE and band equipment. The SVSCA
agrees to minimize items that require storage or lo acquire offsite storage at their discretion.
Yersoual properiy Nvill not be stored at the Secuor Wing, except as approved in writing by the Parks
and 12.ecreation iairector.
o. The SVSCA is responsible for ptirchasing all materials ai1d supplies utilized
by its members anti visitors to SVSCA programs. The SVSCA is responsible for uiaintenanee oE SVSCA-ovvned equipment. Thc SVSCA shall be responsible For any costs or fccs associated with, or
resulting from, aily programs offercd by the SVSCA.
p. At least one telephone will be available in tlie Senior Wing for SVSCA office
staff to usc for local calls only. Tnternet is accessible in CcnterPlace. Tf interneC access can be made .
available to the SVSCA at no additional cost-to the City, the City sliall provicie that access to the
SVSCA at no cost. lf there is a cost for proviciing internet service to the SVSCA, the SVSCA shall
provide the City with written notice requesting that internet servicc bc made available, ancl that the
- SVSCA comnuts to paying Fpr said serviccs until Nvritten notircation terminating that seivice is
provided at a future date.
q. The SVSCA may bc permitted use of the kitchen f'acilities at CcnterPlace. hi
the event the SVSCA has a cater.ed event, it must im a professional caterer frnm the list of approved
~ eaterers supplicd by the City. Th. e SVSCA may use the l:itcheu to cook for some of its own evcnts,
but a request for such use must be made in writing a reasonable acnount of ti.me in acivance of the.
date requesled. Such use would be liuuted to certain equipment, as statEd by a City staff inember
• prior to the rcquested date of use and vvill comply with all niles and regulatians governing kitchcn
use. Permission to use the kitchen shal l at all times be discretionary. Any request to use the kitchen
shall be made by the President of tlie SVSCA or designee or Senior Center Specialist.
r. . Thc SVSCA currently o-wns three pool tablcs, riN~o snooker tables and•one
billiard lable Nvhich are in use at tlie current Senior Center f~acility. Thc SVSCA shall donate the pool
tables to tlie City. The City 5ha11 maintain the pool tables in a reasonable manner so thcy can be used
. for their intended purposc, and shall be solely responsible for determining the frequency and extent
of maintenance. The City reservcs the right to dispose of.; and/or replace existing pool tables vvith
other recreation equipment as the City may detcrminc is appropriate.
s. The SVSCA shall pversee use of the pool room from 8:00 a.m. to 4:00 p.m.,
MUnciay through Friday. The tables shall be available to gucsts at least fifly (50) years orage (or
other age as identificd by the SVSCA) during those times. No food or drink shall be allowed witlun
riwo feet ofany pool. table. Pood or drink may be perniitted only on servi.ng tables providcd for such
purposes. No fee Arill be charged for pool room use dtiring these hours unless specifically approved
by the City. t, The City shal] have overall responsibility for the Greenhouse. Tfie SVSCA
shall have general access to the Grccnhouse from 8:00 a:m. to 4:00 p.m., Vlonday through Friday.
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The SVSCA may have aciditional access to the Greenhouse if rcquested in writing a reasonable ~
length of time in advance ol the requested acccss. The decision to grarlt additi4nal access to the Creenhouse shall be at the discretion of the Parks and Recreation 17irector.
u. A.11 k-ilns, furniture, pianos, and similar items of personal Properiy currently at
the eYisting Senior Center facility shall become the prpperty of the City upon transf~er to CcnterPlaee. _
v. Any oi•'Picc equipment o,~vned or purchased by the SVSCA shall continue to be
owned aald nianaged by the SV SCA. f1 xrittcn request shall be required to bring SVSC A equipment
into ttie Senior Wing. w. The City ma}T publish a Departuieni o1' Parks and Reereation brochure which
will inclucie space ior seiuor aclivities, at no adclitional cost to the SVSCA. T_f the SVSCA 'Aishes to
publish a separate newsletter, or mail brochures to their membership, those costs shall be the
responsibility of the SVSCA. .
X. Revenue for Senior Wiug rentals and general CenierPlace usage shall bc
colleeted and retaineci by the City. Revenue collecteci by the SVSCA for SVSCA-spansored
prob ams conducted between 8:04 a.m. and 4:00 p.ni., A!fonday ttirough Friday, shall be retdined by
the SVSCA. The SVSCA. is not pcrnutted to rent out the pr.emises to groups or inciividuals at any
time. The City shall manage faci-lity rcntals and retain any revenue collected for programs held after
4:00 p,m. on weekdays, or any time on weekends nr holidays. .
Y. Alcahol shall not be allowed in the Senior GVing between 8:00 a.m. and 4:00 p.m., Mnnday througli Friday. I he City Cotmcil may, by separate future actian, autliorize -consumptian of alcoholic beveragcs in the Senior Wing.
Z. The City shxll provide custodial, maintenance azid security services, and pay
for utilities and other facility operations costs, except when specifically stated other'Mse.
aa. The vleals on Whccls program shall operate f.rom the Senior Wing. The .
Senior Center Specialist shall oversee the Meals an Wheels pr.ogram. Meals on N'Jheels may
concinuc to provide lunch five days per wcck. The service shall be limited to the Din'vig Rqom,
unless prior arrangements have been madE ui writing with the CenterFlace Coordiuator. The -
caPacity of the Dining Room can currently accocnmodate the Meals.on `Arheels prograni. The Cily
shall not have a cluty Co provide additional space if the Meals on \Wlieels program grows beyond the
17ining Rocam capacity. The City does coinmit to exanuning options; such as extending the time each
day in wluch the pining }2oom is available for Meals on Wheels, for greater flcYibility. The Great
Room may be made available at the sole discrction of the CenterPlace Coordinator, but not to the
detriment af regular facility reservations. The City ~,Nrill not charge Meals on NVheels to utilize
Centerl'lace fnr serving of ineals so long as meal charges are free or clonation only. Other activitics,
such as potential fiiture meal prcparation, may require a fee.
bb. Salcs of craft items, plant materi.als or otlier gnods and scrvices shaJl be pre-
approved by the City Parks and Recreation Direclor or desigiiee. Iteros comprised of materials which
have been wholly or partially paid for with Citv funds, shall not be sold by the SVSCA. Tn approving
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sales oFitems, the City shall consicler ovcrhead expenses sueh as utilities, equiPment cost, etc. runds
gencrated by sales shall be utilized to provide progracns for the „eneral public and may not be used tv
benet~it individuals.
5. The Parties hereby reserve the right to alter; ainend or modify the terms anci
conditions of this MOU upon written agreement of botli 1'artics to such alteration; amenciment or
modification.
6. This MOU may not he assigned or transferred without the e.cpress ',vritten approval of
the Cily. 7. The City- reserves the right to uiulaterally change tie terms of this agrecmcnt in the
event of a substantial anticipatecl budget shortfall. hi such cvcnt, the City commits to making.best efforts in providing thc SVSCA with-advance notice prior to changing any lernis of this agreement. -
8. The Ciiy is precluded by law from the gifting of Public funds. This MOU shall not he
applied or interpreted in a way that constitutes a gift nf public funds (as defined by `Vashuigton
State .I.aw).
City of Spokanc Valley Spokane Valley Senior Citizens
. Assoc.
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David Mercier, City Manager , SVSCA President
Date: llate:
ATT.F,ST:
Christine Bauibridge, City Clerk ,
APPROVEI) AS TO FORM:
Cary P. lariskell, Deputy City Attorney
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CITY OF SPOKANE VALLEY
Request for Council Action
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Meeting Date: 8-16-05 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business Z new business ❑ public hearing
❑ information admin. report ❑ pending Iegislation
AGENDA ITEM TITLE : CenterPlace Fiber vs. T1 for Communications and Data
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Council requested that staff develop a business plan
demonstrating the Retum on Investment to offset monthly charges for fiber.
BACKGROUND: Staff has researched options for two separate communications issues for
, CenterPlace The first is a backbone connection linking CenterPlace to City Hall. The second is
an Internet connection for CenterPlace. Costs for the backbone connection have been greatly
reduced over the past several months, making Fiber (in staff's opinion) the clear choics for the
backbone connection linking CenterPlace to City Hall.
The second issue deals with the Internet connection for CenterPlace. The monthly recurring -
costs are considerably more expensive for the Intemet connection. Staff contracted with a
technology consultant for development of a business plan documenting the Return on
Investment for Fiber at CenterPlace. However, the information received from the consultant was
inconclusive. After researching the options, staff recommends utilizing a lower cost T1 line.
Such a line has temporarily. been installed and cari continue to serve CenterPlace. Staff will
monitor Internet use. If and when CenterPlace customers express demand for additional
bandwidth, staff will return to council with a request for fiber.
The primary demand for high bandwidth relates to videoconference broadcast to multiple
remote locations. The T1 line will permit broadcast to one and possibly two remote sites without
serious degradation of video and audio quality. In comparison, Fiber bandwidth is limited only by
the capability of the hardware it is connected to.
Staff requests direction from council on whether or not videoconferencing is a service that .
CenterPlace should provide.
Staff is also requesting direction on the installation of Fiber vs. T1 lines.
OPTIONS Approve videoconferencing services and T1 for Internet Service
Approve videoconferencing services and Fiber for Internet Service
Recommend against videoconferencing services. T1 would be the clear choice
for Internet sefvices.
RECOMMENDED ACTION OR MOTION: Approve Videoconferencing services and T1
BUDGET/FINANCIAL IMPACTS: T1 would be covered in existing budget. Fiber would
represent approximately $10,200 per year increase in cost over T1.
STAFF CONTACT: Mike Jackson
ATTACHMENTS Memo: CenterPlace Fiber vs. T1 for Communications and Data
SCp~ `oldine ,
Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spok~lnevalley.org
Memorandum Date: August 10, 2005
To: Nina Regor, Deputy City Manager
From: Mike Jackson, Parks and Recreation Director
Re: CenterPlace Fiber vs. T1 for Communications and Data
Rackground
In Apri1, 2005, I presenCed an optipn to City Council for installation of Fiber-optic cable at
Cen(eri'lacc. At that timc, council reyuesteci more inCprmation an the Return on hivestenent for
the projected $2,600 ui inontlily recurrui; fccs for Fiber and Internet service. Infpnnativn
' Specialist Ring Bingaman made various iriquiries to Fiber providers for supporling daca which
would a.ssist in buildi.ng a business plau for 1 iber. Howevcr, no information was f~orlhcoming.
A-fter researching options, I elected to contract Nvith a tcchnology consulCing firm to provide tlle _
City wikh a. recoiiunendation for Fiber vs. copper phone anci daca line.s and substantiate ttiose
findings Tleturn on Investment (ROI) supparting documentation. However, the iilformation -
provided by the cons-ultant did not prqvide the requisite ROI docuuientation. I am providing the following update and recommendaCions whicti I believe may resolve the question rcgarding Fiber vs. copper at CenterPlace
Currcnt Status -
Thcrc are hvo separate issues dealing with fiber and CenterPlace; 1) tlie backbone connectian
linlcing City Hall to CentcrPlace and, 2) the internet connection linkiiig CenterPlace to thc
Internet. Originally; Fiber providers estimated cosls oFaboul $1,300 for each linc at a total cost
of $2,600 per month.
1. City Hall to CenterPlace Backbone Cunnec.tion The proposeci backbone c;onneetion will be provided Uy One-eighty Networks and Columbia
Piber, xvith each providing a poirtion of thc loop. Columbia Fiber estimates recun-ing costs of $73
pcr month. One-eighty Nchvorks is proposing rero recurring cos[s. Therefnre, we are looking at
recuning costs of less than $100 versus the $1,300 originally proposcd. 1"he reduction can be
attributcd to franchise agreements between the City of Spokane Valley and the providers.
Li comparison, tlie ilionthly recurring'cost of rivo 11 lines (minimum) between CenterPlace and
City Hall is $360 for apprAximately 1l5 the bandxN7dth as Fiber. (Two such lines are currencly
being installeci ca ensure initial servicc). Based Un the lower cost and higher capability, it is illy
recom.cuendation that Fiber is the best value for the backbone cannection.
2. CenterPlace Internet Service
Currently, I have requested temporary Tl lines for CenterPlacc to ensure thar lnternet service is
in place for staff to movc to CenterPlace iu August and for the September 24, 2005, Grand
Opeuiug. The rnonthly recurring cosl of this Coiiunercial 'T'1 scrvice provided lhrough One-
eighty Nerivorks" is $425/month. (This fee includes botli the T1 linc and the Internel service
wliereas the '1'1 lincs dcscribeci in the City Hall to Centerl'lace backbonc are for TI lines pnly).
Tn coitiparison, the monthly recurring cost of Fiber Intenn.et service at CenterPlace is
approsuuately $1,300 per month (unchanged fTnm April, 2005 estunates).
'lhe capacity of the T] line is approximately 11 N113. In comparisan, the cap-acity of t1ie
proposed Fibec is 10JUB. I should uote that the same line(s) are ulilized J:or Internet service a.nd
videacnn.ferencing. The primary limitation of the Tl line is related to video conferencuig. At
most, the T1 line caci support one remote videca conf:erence location. The video conferencing
equipment proposcd for ptirchasc at CenterPlaee has the capavilit}, to broacicast up to five
sunultaneous locations. Thcrefore, in ordeT to realize the full potential of the equipuient, FibEr is
the best soiirce of Intcrnct acccss. tA "bunciled" Tl can prnvide similar capacity but at the point
jthe cost,,vill equal or cxeced the cost oF Fiber.
F1n addcd benef t of Fiber is that it is easily scaleable to provide virtually unlimiteci bandwid[h,
dcpending pn the demand vn the systetn. The only fimitation is the CenterPlace hardwace
capability.
Return on Investment •
The aciopted fee Cor videv-conf.ereu.cing is $250 per holir. lf we calculate a very simple ROI
attributing all oCthe Fiber cosC tn videoconfe.rencing, wc can simply clivide the $15,600 amiual
cost of Fiber by the videoconfcrcncing fees ar$250/hour. `l`lus results in the need to scll 62 hours
of wideoconferencing per year or 5.2 hours per month to cover the cost of the Fibcr conneetion.
In reality, the Fiber vvill also bc used for all Ce.nterPlace interuet access, so the ROI is a
conservative estitnate. Wlule 5.2 hours per month seemS ]ike a readily achievablc anount, the
CenterPlace use is purcly spectilative at this point.
Recommendatioas
1. City liall to CenterPlace Backbone Connertion
As notecl above, my rec;ommendation for the backbonc connceti4n from City Hall to CeiiterYlace
is Fiber at an approtiiiilate recurriag cost of $78 to $100 per ni.onth.
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2. CenterPlacc Tnternet Servicc .
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One Qption is to purchase the videncdnferencing equipnlerit and market it with limited capability,
i.e. one rcmote location. Additional locations may be possible but degr.adation in picture quality
anci pictureJsound synchronization niay occiir. We can then monitor cleniand. IPand wlien
requests are tiiade for multiple loc•ations; the City caii install Fibcr to ineet the ciemand.
A second option is to install ]?iber from the ouset and market the fiill capability af
videoconferencing. The I°ibea• woulcl ensure that CenterPlaee mcets tlie demands for bancivvidth
wcll 'uito the fiuture. Thc demand f:or bandwidtli in all seetors of tcchnology is cantinually
increasuig. Fibe•r ensures tlizt bandwidth is not the linutina t'actor for Internet ancUor , vidcoconferencing capability.
13ecause the videoconferencing cquipment is tlle primary driver for high bandwidth capability,
my recommendation is to secure a commitinent from City Council ttiat videnconferencing is a
requireme.nt tor CcnterPlace. (My own rescaech indicates thal use of video conferencing is one of
tlie faslest growing se-iuents of'inlormation tecluiology.)
Assuming videocottf.erencinu is a service that CenterFlace will offer, T recoiiunend the first
nption discussed above; purchase the videoconferencing equipmcnt and market it with limited
. capability on a°l 1 li»e. Again, this line has already been installed 'ui order to ensure initial
operations. This recom~uiendation is accompaiued by the caveat that user demaud may ciictatc additional banclwidth. l lu's may occur in a fcw months or possibly not for a few years. 1f and
when stich demand occurs, l recoiiunenci the installation of Piber.
.
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 16, 2005 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business N new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation -
AGENDA ITEM TITLE : Draft Lease between the City of Spokane Valley and the State of
Washington, Community Colleges of Spokane, District 17 for CenterPlace
GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: General direction to staff to pursue a lease with the
• State of Washington, Community Colleges of Spokane, District 17 for classroom space at CenterPlace. BACKGROUND: The concept of leasing space to the Community Colleges of Spokane has
`been discussed by the City of Spokane Valley from the beginning of City involvement in the
project. City staff has been working with Attorney John M. Riley from the law firm of
Witherspoon, Kelley, Davenport and Toole, P.S. for several months to develop a lease
agreeable to both parties. The draft lease has been tentatively approved by the State Attorney
General's Office and is presented to Council for consideration.
The general terms of the lease are for the rental of 7 classrooms totaling 6,116 square feet of
classroom space at an annual rate of $16. This equates to $8,154.66 per month or $97,856 per
year. The term of the lease is five years. OPTIONS Direct staff to make revisions as needed. Place an item on a future agenda,
authorizing the City Manager to finalize and execute a lease with the Community Colleges of
Spokane.
Take other action.
RECOMMENDED ACTION OR MOTION: Authorize this item to be placed on the August 23,
2005 Regular Council Agenda authorizing the City Manager to finalize and execute a lease with
the Community Colleges ofSpokane.
BUDGET/FINANCIAL IMPACTS: Gross revenues of $97,856 per year.
STAFF CONTACT: Mike Jackson, Parks and Recreation Director
T~
ATTACHMENTS Draft Lease
A.F"I'Elt KECORD[NG R.F'I°UkN 7'O: DRArT
DeparUnent of General Admiaistration
Division of State Services, Re:al Estate
P. O. l3ox 41015
Olympia, WasltutSton 93504-I0I5
"
Leasc No. SRI 04-0104 (Spokane) RT W/ds
SR 121-03-O4 Page 1 of 7
• Junc 29, 2004
. i.,EASE
1. Th.is LEASE is made and ecitercd into beaveen Ci .ty of Spokane Valley, a ttlunicipal corpordtic)n
whose address is 1.1707 Ease Sprague Avenue, Spokaiie Valley, W3Shirlg[Or1 99206 fior its heirs, eaecutors,
admuiis[rators, successors, and assigts, l.iereinafter c:alle:d the [...e.ssor, and the State. of tiVashinetoia, Community
Collegcs of Sppkane, Dista•ict 17, actulg through the Dt.partment vf.' General AclmuiisU•ation, hereinaRer called the
Lessee.
WNEREAS, the iaepartment of Geueral Aditlinistration is grsnted sutharity to lease property under RCW
l ~ 43.82.010;
- Wl•ILfZLAS, thc C.r.ssar and I,essee deem it to be ui the best public interest to cnter inca this I.ease;
NOW, TAEI7ENORE, in cqnsideration of the terttis, conditions; covenants and pcrfprmances contained
hcrciri, I"I' IS MUTUAi,T,Y AGREED AS 1 OLLOVJS: '
LEA_SLi) P1iENUSEs
2. The 1.essor hereby lezses to the Lessee tlie following described premises: •
Tax Parcel Numbcr:
Common Street Address: •
6,116 BOtMA renuible square feet oPclassroom'spacu, (rooms 205, 205A, 207, 203, 209, 211, 212, 213 and 216)
(hereafter "Premises") hi a building known ss CenterPlace, (]wreinafter "GenterPlacc") whosc xddress is: 2426 N.
. Discovery Place, Spokanc Valle.y, Washington 99216 located un real propcrty 1cg311y deseribed as follows: see
Lxlubit "A" attactied hereto (hereafter "Property"):
Sitc Plan Shourn on Fxliibit "B"
• USE
3. The Prem. ises shall be used by the Conununity Colleges of Spokane, District
17 wdlor other siate agencies for the following purpose(s): classrooms, educational
programmina and cnmmtinity education to all ages of residcnts of the City of Spokwe Valley
wd the sun•otunding area and program area.s includinS, Uut not lunitcd to: Lnglish as a SLCqnd
[..ease I~'o. SRL 04-0104 Jmie 29, 2004 Page 2
.
T..anguage ("ESL"); Adult Basie Education; VJorl:force "1'rauiung; and culturnl and a►rtistic saminars.
Furtlier, Lessec understands that tlie CenterPlace is being designed for use as a"reoional center"
encompassing cercain activities. In ac9ditican tc) the activitics dcseribi;d sbovr•, Lessee will endeavor to make
tliese Yeeinises available to the City of Spokane Valley, other users of the CenterPlace and third parCies who
may wish ta use the CenterPl3ec for lhe Tollowing:
Conference Activities: I:3reakout and overf7ow activitieti and ocher cornponcnts of
CenterPlace; activicies by smaller groups sponsored by i,essee and other cvmmunity
prg8ni7ations.
Culttu•al Activities: Ferformances oEniulti-ethnic and community groups;-multi-cultural
. activitics and events tliat lead tu areater i~lvolve~nent in an appreciation of the diversity
pf the reoipr~ and the p~eOjJle who live or have live.d here;
Cpmmunity Ac:livicies: Teen snd youth activicies, incluciing such 3etivities as
recop ition evenLs for fgures of regional and national signifir•ance, book-a-thons and
other academic or cultural competitions or events (all collectively "'12egiona) Uses").
Lessee agrees to use irs best elTorts to rnxke these Premises available for Kegional Uses
approxirndCCly Cwenty pr.rcc.ne (20'%) uf the time.
Tressee agrees, upon rensonable notice from I.essor, to aiake availaUle to Lessor the schedules
>
showing use of the I'rernises. Under no circurnstanees shall Lessee's failure to acliieve diis goal be
iclentilied a,s an event of defatilt or any ather fomi of breach of this i.,ease. i..essee shall retain any and
all rental uncoine paid l.essee for use of tlie Prernises by diird paities fue the uses above described.
The Premises shall be used tor na other purpc>se. Lessee aclaiowledges t6at neither Lessor nor wiy aeent of Lessor has made any representition
or warranty wi[h rc;spcet to the Prcmises or with respcct to ttic suitability of tiie 1'remisss or tlie
CenterPlace 1or the canduct of [..essee's husiness, nor ha.5 Lessar agret.ci to uncie.rtake any
mc►difcation, alteration or irnprovrement to tfie Premises or CenterPlace, excePt as provided in NvTiting
in 11i is [.,ease_.
Lessee ac}-nowledges that Lessor may f.rom lime to time, at its sUlc diserolion, mxke such
mod.i6carions, alterations, deletions or improvements to the F'remises or CenterPlace at J,essor's sole '
cust and expecise as Lessor may deem necessary or desirable, without compensation or notice to
Lesscc, provicled, howevr,r; Lessor will give Lessee seventy-rivo (72) huurs advance notice for viy
such madifie.ations, altcrations, dcletions or improvernents in the Precnises.
Lessee sliall promptly comply NVlitl 3lI l1ws, ordinances, orciers and repulations affecting the ,
Prernises (including, buc nat limitecl to, the• Americans with 17isabiliLies Act p1' 1990 and t}►e Fair
Housi.ng tlct of 1968, as ameodecl, anci okher similar laws), incluclinD, without li.mitation, any rules and
regulacions lhxt may be.attaclied to this Lease and aiiy reasunable niles and regulations as Lessor may
adopt from tinie to tune. Lessee's compliance with ihe requirements of this paragaph shall no[ neeate
any obligations of Lcssor statcd in paragrapti 7.
- T,.essee shall not c3p or perrnit anything to be cione in or about the Yrernises or bring or keep
anyth~uig i.n ihe Premises xhat will in any w1y increase the premiums paid by I..essor on its insurance
related t:o the CencerPlace or whieh will in any way increasc thc premiwns for fire or casualty
insurance carried by other Lessees ui the CenterPlace. Lessee Ntiill not perform any act or carry on any
practices that may injure the Premises or CenterFlace; that may be a nuisance or mensec to other .i ,
C4Doeumcros and Scttingc',CBainbQidgc.SPO};A,~Vt1I,IB1^,I.oc,-l SeuinS.alTcmpor.vy lnternet Fi1es10LK4tCC Eeasa hnn]draft2 S-IA-OS Nlt misinns.dac
Lease No. SRL 04-0104 Jmie 29, 2004 Yabe 3
Lessces in the CenterPlace; or that shal] in ai1y w^ay interfere with the quiet enjoy-nient of such other
Lessccs. .T essee shall not use the I'reinises, or any part thereof, f8r illegal pirrposes, nor under any
circunistances permit gambling or the illegal sale of alcohol or narcotics upon the Premiscs; npr nermit
any act to be done which will rnakc the Yrcmises subject to abatement by any govemmental authority.
I..essee shall not use the Premises for slecping ar eooking Ur the preparation, manufacture, or
niixiiig of an}Khing that migfit emit any objectionable odor, noise, vibration or lights onto other
I..es.sees. If sound insulation is required to mu.ffle cioise produecd by I_e:ssee on the Premises, I.,essee at
its o«ni cost sha]] provide all necc.ssxry insulation. [,.essee shall not do anytbing on the Premises which
will overload any 4xiscinj parking or service to the Premises.
Pets, and/or animals of any type s}i111 iiot be kcpt on the Nremises with the exception of
qualified guide dogs and service anirnals and clogs required for law enforcement and secu.rity
nurpases.
Ari}' wet lab instslled by Les.see or for I,essee's beneft in the F'remises mtist Ue in compl.iance
witb ".R" occupancy requirements of tlhe Incernational BuildinD Code adopted by Lessur. Ariy plans
: foe uistallatioa of awet lab or mcactificacionti qf the same must be f`irst approved in %Nriting by Lessor
prior to cvmmencement of covsm2ction, Nvhich approval will iiot be wareasoriably wit}ilield. Lcssor
also shall be provided by Lessee, as part of saici approval process, a copy af Lessee's h:uardous
materials niaclageinerrt plan. Lessor, in eonnection with any approval and from time tq time, or •
reasonabte notice, may inspect the lab to insure compli;ince "Ath the plan.
'1'L1tM
: •
~ •
. 4. '1'O HAVE AND TO HOLD the PremisE,s with their appurtenances for the term beginninp Au;ust
l, 2005 sncl ending June 30, 2010.
RrNTA1,, RATF..
5. 1'Lie Lessee shall pay rei1t to the Lessor for t1ic prcmiscs at the following.rate:
, Liglit 'Chousand One Hundred Fifty-Four laollsrs and Sixty'-six Cents (53;154.66) per month calculated as follows:
6,116 square feet at @ 16.00 per square foot.
1'ayrrierti shall be madc At the end of esch montti.
Rent Withoirt - nt7set and Lite Charga All rent shall be paid by Lessee to Lessor monthly an the
last day of every calendar moritti, at the address shown in SecCipn 24, pr siich other Place as i.,essor may
designate in writing, from time to time. All rent shall be paicl without prior demznd oe notice ancl without any
deduction or pE7'set whatsoever. tVl rent shall be paid in lawfiul ciu•rency of the United States of Aiilerica.
Proration of rent due for aay partial month shall Ue calculated by divid'u1g the cuunber uf days in d►e rnont}i Par
which rent is due by ttie actual number of days in thac cnonth sncl mulciptying by.thc xpplicable manthly rate.
Additionally, all suc}i delinyue.nt rent or othc.r sums shall bear intere.,,st at the rate of 12% per anntrm. If the
interest rate speci9ed in this .T_ease is higher than the rate penuitted by ]aw, the uiterest rate is Iicreby dccrcased _
to die maxiuiuni legal interest rate perinitted by law. Any paymc.nLti UPany kind retumed for insufl:icient fiunds
wiU be subjeet to any additiona) handling charge of $25.00, and thereafter, Lessor may reqtiire Lessee to pay all future payments of rent or other swtis due by inoney order or cashier's chcck. '
NXYENSES
!
C:3Docmnrnrs and ScningslCB:iinbridge.SPOR.4A'F.VAI,I,EYl[.ocal Seitings'Cfeutporary [u,temet FileslOL}'ACC lwse fiuaEdruR2 3•10-05 ct'R re+ sionadoc
L.ease No. SRL 04-01 Q4 June 29, 200A Yage 4
6. During the teriii of this Lease, Lessor shall pay all real estate taxes, all property essments,
insurance, stonn water, Hiter, sewer, garba;e collection, and maintenance anci repair as dcscribcd below; togedier
widi natural gas, electricity, elevator service, landscape aund irrieation water, and jaaitor service. Janitor service
includes exterior and interior window washing resLroom supplies and light bulb rcplacement, as set for[h u~ Exliibit
"C" whicli is attached hereto and incorporated by referevice.
N(AiNTF..NANGE A\TD RFPATR
7. The L,essor shall maintain the Premises in oood repair and tenant able conclition cluring the
continuance of Qiis Lease, except in case of damage arisuie from the negligeoce of the Lessee's clients, agents or
Cmployees. FUr the purposcs nf m3intaining and repairing the Premiscs, the Lcssor reservcs the rigtit at reasoilable
times to enter and inspect the Premises and to make any necessary repairs to the F're.mise..s and CenterPlace. I,essor's
mauitenaiice 1t1d repair obligations shall include, but not he lunited iu, tlie mechanical, electrical, interior lightiug
(including replacement of ballasts, scarters and fluorescent tubes ati reyuire.d), Plumbing, heating, ventilaCing and
air-conditionung systems (uicluding replacement of filiers as recom.mended in equipment seivice manual); floor
coverings; windUw cqveringS; elevatory; inSide and Aul,SidE; wa11S (including windUwS 3nd enlrar►CE tind eXit dOArS);
aU structural portions of CenterPlace (including the roof and the watertight intea ty of same); pvrches, stairways;
sidewal.ks; exterior lighting; paricing lot (incltiding snow reinoval, cleanin; and restriping as reqairecl); wheel
btunpers; drainage; landsca&g and continuous satisfaction of all goveriunentll requiremenis genenlty applicable to
similar utTicc buildings in the arca (cxarnplc: rtrc, building, t.nEray CodCS, induor air yuality and re:yuirements tp
provide architecturally barrier-free premises for persons with disabilities, etc.).
ASS1C n"ME V 1'/$U13LEA$L
8. The I.,essee mtry assign this Lease or sublet the Premises with the prior Nvritten consent of the ' Lessor, whicl► eonscnt shall not be i~ireason3blv wit}ilield. Lessee shall not perinit ttie use of the Yrernises by anyonc
other thar► the 1..essee, such aszignee or suhlessee, and the employees, agents and servants of'the I.,essee, atisignee, or
sublessee. '
RE•NEWAWCANCELLATIUN 9. The Lease may, at the optian of the Lessee, be renegotiated fbr an additianal Eive (5) years
("Extended Term"). tf Lessee elects to renew, said renewal shall be exercised by Lessee providing Lessor .vritten ~
notiee c?f its renewal no later than si:r (C) rnon[hs prinr to the end of the '1'errn. if not cimely given, no renewal will
Uecur. .f P I,mGe t1GCIS [o rEnew, on .luly l, 2010, Ghe monthly basE rent provided herein shall bc adjusced Fs follotivs
and anniially there3fter on July l during the Fxt:enclecl Term -as follnwti: '
'Clie a►nouirt of mondily rent payable for die succeed'unS hvelve mouth period shall be adjusted by the
perc.entage of increase in the Lidex, if any, over the most recent preced'uie nvelve (12) month period for which
figure:ti arc 3vsilable. For purposcs of this paragraph; the terrn "Index" shall me.an the Cunsumcr Price lnclex, All
items, for aU T)rban Consumen, SQattle-Tacoms VJc►shingtvn, as published by the iJnited StafeS DeParkment of
Labor, 13tuv,au of L3bur Statistics, ui wliich 19$2-84 equals 100 or newer Lidex base if changed by the USllL, BLS.
In the event the inder is na Ipngcr published, Landlord m:iy dcsignbte a rcasonabl}' comparabli: Inde,x. In no event
sliall the rent payable during any hvelve month period after adjushnent in accorclance with tliis Section be less than
the rent payable durin; the immediatcly preceding fwclvc month period. In no event shall dic rent payable during
any nvelve (12) moilth period after adjustcuent in accordwce with this section increase by more than three percent
(3°/u) over the immediately prececling twElve (12) month period.
PAY MT NT
10. Any ancl all pa}nnents provided fpr herein when mscle to the 4.essAr by the [..essee .
shall release tlle L.essee froln ai1y obligation [herefor ro 1ny odier party or assignee. ;
C:tLaociunrnts and SettingslCHambiKgc.SPOf:ANE VALLEYtLocal SctlirtgslTcmporary imcrne2 FiteslOl.FC41CC Iwse finnldrnfi2 8-10-05 NR. re} sions.doc
T..ease No. S12L 09-0 l 04 Jwie 29, 2004 Pagc 5
COMPLIANCF IVITH STATl111+"EDERAI.. GAWS
H. Lessor is respan;ihle for comptyine wit}i all applicable nmvisions of die Americans 1~j~ith
17is3bilitics Act of 1990 (42 U.S.C. 12101- 12213) and the Wa.shington State Law Agaiust L7iscri►ninstian, Chapter
49.60 RCW, as well as the regulatians adoptecl khereunder, with respect to ttic Property.
FIXTURES; ALTLRt1TION5; SIGn'AGI.'.
12. The Lessee sliall have the ria,,ht during the existi;nce of this I ease with the "N7itten pennission of tlie
I..estior (such nemiission shall not be unri.asonabty withheld), to make alterations, attach fixnires, and crect addicions,
structures or signs, ui or upori tFie Pre.mises. Such alteratioos, fixhtres, additions, struc;tures and signs xhall be
authorized by thc Dcpartment of C'Teneral Administrarion. Yerformancc of any of che ri;hts authorized above shall be
conductecl in compliance widi all applicable governmental regtilations, building codes, uicluding obtaining any
ciecessary permits; and will not interfere witli use of other portions oE' CencerPlacc; ar the Properiy. A.ny Sxhji-es,
additions, or strucnires so placed in or upon or ausched to tbe Premises sUall be and remain the property of the Lessee and may be removcd thcrefmm by the T essee upoo the tennination of tliis I.ease wiless r►otcd olt►envitie in
Lessar's nermission. Any damage caiised by the removal of any of the abovc items shall be rep3ire4d by the Lessee to
the satisfactioti of the Ic;ssor.
Io the event the Lessec rcyuires aItc.ratinns/improvemenks cluring the term of tliis Lease, any
renev.nls and/or modifications thcreol', and Lessar apProves same, the T.,essor shall have the ri ;ht to provide such
services. If required by state law, the Lessor shall pay prevailina rate of wage io all worl:ers, laborers or enechaiiics
ernplayecl cn perf'orni such work as well as coropty witli t1.ie tules aiid regulations of the Dcpartment of LabUr &
1.ndustries. I.f the Lessee considers Lessor's propascd c.osts f'or alterations/ improvements excessive, T essee shall '
have die right, but not the obligaeinn, to request aad receivre at least hvo independent bids; wd tlhe Lessee sliall havc
the right a[ iLS Aption tU 5elect one altemaGive Contnctor -tvliom tlie Lessor shall allow to provide suctl services for the
T.,essee in compliance witli the Lessor's build'uig stmidards and uperation proceciure.y.
R14MOllLL
13. 'I"he Lessor tias, at Lcssor's sale enst snd expense, completeci in agood and worlananlil:e majuier
certain alterations hcrein attache•d as Exhibit "n" to the L,easecl Premises for Lessee's Ueuefit,
Lessor shall be rei.mbursed $4,576.00, which includes Vl'ashington State sales ta.c, which is the cost of the
extension or Uie iluor dr:►in for the future wet labs. T essee sball make such payment i.n cash or state warrant withiri
thirty (30) days ot the (iaie of'muhial execution of this Lease.
PREVAiL1NG NAGE -
14. T.,essor agrees to gay the prevailiiig rate of wage to xll vvori:ers, laborcrs, ur mr.ch3nics emPloyed in
the perfvrmance of any part of tliis Lease when required by the ststc law to dc) so, and to comnly with the pmvisivns
of Chapter 39.12 :LtCW, as ainended, 3r►d the niles and regulacions of'the Department of I,abor and IadusU'ies. 1"lte
niles vid regulatioiu of ttte Ucparcment af L:ibor and lndustries and the sche_dule of prevailing wage rates for the
locality or localities where this T,.ease will be pecformed as detertnined by the lndusu'ial StatisCician of the
Department of I.,abor and Inctustries, are by refere►ice made a part of lhis Lease a.c though 1"ully set forth herein.
DISASTER . . .
15. 1.n the event the leased Premises are destroyed or "injured by firc, carihqual;e br
other casualty so as to render the premises unfit f'or occupancy, and the Lessor(s) neglects and/or
refiises to restore said Premises to itieir fonncr condition, then the I,essee may terminate this Lease
xnd shall b4: reimbursed fnr any uneamed rent that has been paid. In the eveni said I'remises are
C;IDouiouutti aul Sdfingslf;Baiabrid,ge.SP01'IPFEVAII.EY1[.oca! Set4inps'iTemparary Gucrnct FileslCl4K4'iCC leasc fiiuihlraft? 5-10-05 idR rr% ' i, nr
Lease No. SEtL 04-0104 June 29, 2004 Page 6
partially desiroyed by any of the aforesaid mcans, tlie rent herein agreed to be paid shall be abatcd Crom the tiule of
occurrence of such destruction or injury imtiJ the Premises are again restored to their formee condition, and any rent
paic3 by the Lessee cturing thc pcriod of abatement sliall be credited upon the next inslslirnent(s) of rent to be paid. It
is wideistood tliat the tenns "abatect" and "ahatement" mcan 9 pro rata reduction of area tmsuitable for occupaney
due cU c;asualty loss in rclation to the total rented area.
NO CUA:F2Alv`I"l;ES
16. lt is widerstood that no guarantees, express or implieci, represeiitatiais; promises or statements
have been made by the I.,cssee ar Lessor uriless endorsed herein i.n Hri[ing. And it is furtber undertitoUd Lhat Chis
Lease sliall not be valid and binding upon the State of Washingtan, unless samc. has been appruved by dhe Director of
the Departme.nt of Gencral Aclministratiori of die State of Waslungton or his or her designee and appr4ved as tU fprm
by the C)ff-ice of the Attomey GeneraL Any amendment ur modification of this Lease must be ui writing aad si ;ned
by both pairties.
EvE_Hr.x
I
- 17. The i,essor, or authoriz.ed rePresentaCive, if reyuircd by RCW 43.19.685, lias'coilducted a wall:
througli survey of t.he leasecl Premises Nvith a representative of the Director af thc Department of General
Admiriis[ration. Lessor will tmdertahe tecltnical assistance shrdies and/or subsequent lcquisitian anc3 installatian nf
eneri,ry cnnservatian measurr.s idr.ncifccl as c:tist c1Tectivc by t}ie survey.
KL•'iMBURSEMENT FOR nAATACF TO PRFNfiSTS; RF.,I..fiASi:
18. The l.,cssee hercby agrees to reimbursc [tie Lessor foe datitages caused by the iiegliSence of
its eiiipluyees, clients and agents, but in no event sltall this pai-agaph be construe.d ris diminishing thc Lessar's
duty fU make repairs as st.[ forth in prcceding paraaraplis af diis Lease, or as makuig Lessee responsible for the repair of normal wear and tear. As mace:ri31 considcration to L.cssor, Lessee agrees that »eitfler Lessor nor its
agents, contractors or employees shal.l be liable to T.,essce fnr xny damage to Lessee or Lcssee's properry from
any cause, and Lessee waives all clauns against Lessor and its zgents, contractors and employees for damage ta
persons ar prc>perty arising f'or any ressuri, arecpt 1'or darnage resultuig from Lessor's negligence or breach of
its express obligations uncler this I,case %,,,hich [.,essor has not curc:d within n reasonable time 3fter receipt of .
writ[en notice of such breach fmm I..essee.
H.AZARDOUS SUBSTAi\'CE•S . 19. Lessor -vAmrrants to hislher Fnowleclge that nci hr:izArdcyuti substanee, toxic N►^a,ste, or ut}ier toxic
substwice lias been produced, disposed of, or is or has Ueen kept on the Premises hereby leased which if f`ound on lhe
property would subject die o+ti`I18P OP lIS6f IO illly CIa!]1SSZS, penal .ty, or liability under an applicable Iocal. statc or
federal law or re~ulation.
. Reearding aiiy portion of the Premises used for the wet lah or similar acLivities; Lcssee warrants that i1 will nal• utif, store, disposc ol' or o[ht;rwise deal with atiy hazardous substance i.n' an irnProper manner or in
%riotariou of applicable law on, un(ler or shout the Premises. V4'it}i respcr.t to the balatlce of die Premises,
Lessee warrants it will not use; store, dispose of or othemise deal with any ha.7,3rdous substance on,under or
about the Premises. Lessee agees to reimburse Lessor for aoy loss, liabilicy, cAst, cxpensc or fine incurred by
Lessor becatise oE'tbe presence of any hazardous substance on, in, iuider or about tlie Premises restilfing from
I.,essc.e's use, S[01'3a8, disposal or sale of such hazai-dotis substances, whether or not expressly ptrmitted
hereirn cl er.
In the event that aviolat:ion nf an_y such laws ny the Lessee or ttie deteccion of ajiy .
such violation at.curs on the Premises during Itie tcrrn of this Lease, Lessee shall, at its oNvn • ~C:II?ociimants and Senings'CHainbcid6e.SPOECANI7,VA1,4f:YU_4e;d %'ttiWl'1'ernpor.vy [nlerntl Ft Ir.S'K)LKQ',(.C les9t: Gtasltlrattl 8-10-05 t1R rm ;ioas.doc
f~ Lease,No. SR.L 04-0104 June 29, 2004 Page 7
expense, prornptly comme.nce clean-un and other reroedial actions and s6a11 diligently conduct sucli actions
until such violatiun is enc3et9 and the effects of such violation have been fully rcmedied as requircd by
applicable laws. Lessee shall reniain fully liable, and shall reimburse Lessor for any costs or expenses for
cle.xn-up, wa,ste disposal, litigation, goverrunental or administrative action, 6ncs, penalties, including, without
limitation, those casts, expenscs, penalties snd fines within the meanin; of tlie Comprehensive Em4roniuentil
fZespanse, Cornpcnsation and Liability Act, 42 U.S.C. §9601, et. seq. ("CERCI,A"), and die Model "1"oxics
Control Aci of the State of Wsshirigtcm eodified as R.CW Chlpter 701051), causeci by Lessee's use auid/or
accup:►ncy uf the Premises during the tenn of this Lease.
a) Emissious. Lessee shxll not:
.l) Permit any vehicle owned by Lessee on thc Prcmiscs to emit cxhaust which is in -
violation of any governmental law, rule, regulation or requirement;
2) 17ischarge, crnit or permit to he clischarged or emitted, any liquid, solid or gaseous
rnaLter, or any combination thereof, into the atmosphere, the „rotmd or any Uody of water 'wltich
matter, as relsonably determined by Lessor or aiiy govern.mental etltity, does, or may, pollute or
contamirtatc thc sarric, or is, or may becqme, rac3ioactive or does, or may, aclversely aHect the (s)
heatth or safety of persons, wfierever located, wlieiher on the Pre►uises or an}Miere else, (b) condition,
use or enjoyment of the Premises or aiiy otlier real or personal property, whedier on tbe Fremises or
an}where else, or (c) Preiitises or any of ihe uiiprove►nents tliereto or tllereoii uncluding build'uigs,
fotmdatioiu, pipes; utility lines, landscaping or parking areas;
3) Produce, or perm.it the be produced, any inteiise glare, light or heat except withui an
enclosed or screeued arca and ttien anly in sueh rnanncr thal the ?Isrc, light or ticat shall not be
disc;ernible from UuLtide the Premises;
4) Create, or permit to be created, an_y sounci pressure level which will i.nterfere with the
quiet enjoyment of any real property outside the Yreniises, or which will create a nuisance or violate atly governmental law, rulc, regulation or requircme;nt;
5) Create, or pennit to be created, ajry 8round vibration that is discernible oukside the '
Premises; ancl/or
6) Transmit, receive or permii tn be transmitted or reaeive:d, any electrUmagnetic,
microwave or other radiation which is hannful or ha7w-dous to any person or properly in, or abaut the Yremises, or anywhere else.
b) Uisposal of V1'astc. •
I) ReCuse. DispnsaL Lt:ssee shall npt keep any trash, Warba?e, waste or pther refwe an the
Premises cxcept in sanitary contxiners and shall regularly and ErequenNy remove same frc~m the
Premises. L.essee shall keep incinerators, containers or other eyuipment used for stonge or disposal of
such materials in a cle.3n ancl sanitaiy condition.
2) Scwflge Ilisposal. Lessee stiall properly dispose of all sanitary sewage ajid sliall iiot use
ttie sewage disposal s}^stem (a) for the dispqs3l of anythina cxeept s3nitary sewsge or (b) in thc exeess
of the lesser amatmt (i) reasonably contemplated by the uses permitted imder Uiis Lease or (ii) permitced by any governmental entity.
~31Uisposal of Other Wastc. Lessee shall property dispose of all otlier waste or rnatter
delivered to, stored upon, located upon or within, used on, or removed from, the Premises in sucli a
C:U7ocumcuu and SettingstCBainbridge.SF'OKANEVALLIiYlt.aeal SettinglTeruporary [rt2emet RIGS101X4= lease 6onldraf12 8-10-05 rR ceoisians.dnc
Lease \TO. SRL 04-0104 Jime 29, 2004 1'a~;e 8 ~
. ~
maiiner that it does iio[, ajid will not, adversely affect the (a) bealth oe safery of persons, u'herevrer
located, whetfier on the Premises or elsewhere; (b) c•ondition, use or enjoymenc of che Yrernises or any
other real or personal property, «dierever located, whether on the Premises or anywhere else, or (c)
, Prernises or any of the improvemenis ttiereto or ttiereon uicluding buildings, foundatious, pipes, utility
lines, IancLscaping or psrking area,s.
c) :lnformation. 1i.i the event of any accident, SpiU or o[her incident involvinD li=ardous or toxic
matier, Lessee shall 'urunediately report the same to Lessor and supply Lessor with all infomiation and
reports with respcct ta the samc. .
ci) Compliaiice with Law. Notvvidistanding 1ny odler provision ui dus Lease to'd1e contrary, Lessee
shall comply with all laws, ststutes, ardinance.s, reDulatiims, rulr.s and other gavernmental rcyuiremcnts in
complying %rith its obligakions under this T.,er►se.
e) Reimburseme.nL In xddilion lo any othr.r rcmcdy Lcssor may have undcr this L.t.ase or at law or in equity, if
t,,essee breaches the proNisions of Section 19, T.essee shall reinburse I,essor for any coska, fees, penalties, loss,
claim, liabiliry or expense, (uichiding, withoijt limitation, duiunution in the <<alue of the F'eemises, CenterPlace
or the Property for damages for tlie loss or restriction on use of rentable or usable space or of auy amenity of
the Yrem.ises or any pm-i of the Yroperty, and sLuns paid 'u1 settlement of clauns, artorr►eys' fees, consulcant fees
and experl fi.es) xrising during nr aRer the 1.,4:ate lerrn as a result of such breach. This obligatipn ot ldessee to iaessor inclucles, without limitation, any ancl all costs inctirred in connection Niith any invrestigar.ion of site
conditions and any cleanup, remedial, removal or restoration work required by any fedei-al, state or local
eover►unental agency or political subdivisioii.
Lessee's obligations wider this Section 19 sliall contuiue nohvidistand'uie termination of this Lease for "
any reaspn whatsoevcr. .
COn'DEMIYA"CION •
20. If all the Yremises or such portions of CenterPlace or the Property as rnay be requircd for the
reasanable use of the Premises, are taken by cminent domain, this Lesse shsll autvm3ticxlly terminate as af the date .
Lrssee is reyuired to vae.ate the prEmizes and xll rencals shall be paid to that date. In case of s takino of a parl of the
F'remises, or a portion af CenterPlace not required for the reasonable use of the Premises, at T_essee's determinatiqii,
then the t.,ease shall c.antinue in full force ancl efieet anci the rent.il shaII be eyuitably reclueed basecl on the pronortion
by whic;b the f.idor area of the .Premises is redueeci, such rent reciucGion to be effective as of the date passession of
such portion is delivered to die condemnung authority. Lessor reserves all rights to dainages ajid awarcls in
.coiunection therewitli, except Lessee shall have the riglit to claim froin the condeinni.ng autliority the valuc of its
leaschold intcresc and any relocstion bencfits, ifallowcd to Lessce by law.
SURRI;IYpFR QF PRFMTSFS; HQLDTNG QYrR
21. iJpon expi.ntion of the terni, Lessee shall sirrrender to Lessor the Prei»ises a»d aLl I.essee
• improvi.mcnts ;uicl altera[ions in gooil condition, cxcept for ordinary wcar arid tear and alteralions I.,tssec h5s the
right or is obligated to remove under the provisions of Section 12 herein. T..essee shall remove any personal property
including, wit}iout limitation, all decorative improvements or fixcures and shall perform all restoration rnadc
necessary by tlie removal of any alteration or Lessee's personal property before the expiration of the term, uicluding
for examPle, rc:SCoring all wall surfaces t4 their eondilicm pricar to the commencement of Chis I,,case. l,,essor can elect
to retain or dispose of in siiy manner Lessee's personal property not retnoved from the Prenuses by Lessec prior to
the ea~piration of the term. T..essee waives all claims against T,essor for any darriage to i.,essee
eesultinc- from Lessor's retention or disposition of Lessee's personal propei'Ty. Lessee stiall be
liable to I,essor fqr T..essor's cost for sinraoe, remov3l or disppsal of l,e5see's personal property.
C:lDmrtnents ond Set2ingstiCl3,iintuidge,SPOKAt.EVqIJ,EY1t.oail $Vtdngsil'ernpornry Intema FilslOtA41CC twso fiaaldrafiZ 340-05 NR ro% sions.doc
Lease \zo. SfZL 04-0104 Junc 29, 2004 Page 9
Ifl.essee remains in possession oPthe Premises after the expiration or tertninstion aFt}►e Least; tcrm, ar any
extension thereoE; sucli possession by Lessee shall be (leemed to be a month-to-montli tenancy, terrninable as
provided by law. Uuring such month-to-mondi teiiancy, Lessee shall pay all rent provided in this Lease or such odier
rent xs the parkies muhially agree in Hriting and all provisions of this Lease shall apply to the month-tp-month
tenaucy, except those pertaining to temi and option to exterid_ ,
SUBORnTNAT10 V
22. Sfl Ion' as T,,sssor has fulty peiformed under the cerrr►s o1' this [.,e:ase, Le5see abrees to ececute,
wit}►iri ten (lp) days of written request by Lessor, the state's standard Lessee Estoppel and Subordination
Agreements which have been approved as tu fiyrm by the Otfice ofthe Attorney Genenl '
CAFrion°s
23. 711e captions and paragraph headings hereof are uiserted for conveniencc purposes only ar►cl shsll
not be deerncd to limit or expand the meinuiS of any paragraph.
NO'1'iCES
24. NNIierever 41 this Lease written notiees arc to be given c~r made, they ~~ill be sent by certi.fied mail
to the address listed below unless 9 diffe.rcnt sddress shall bc designated in w-iting and clelivered to the other pzrty.
LL-"SSOR: City pf Spokane Valley
' . , 11707 East Spngue Avenue
Spokane Valley, Washington 99206
J , •
iF,SSFF: Departaient of Cecieral Adtninistration SRL 04-0104
Uivision of State Services, Real Fstate
2 10 l l" Avenue SW., lioom 230
Post Office Box 41015
Otyrripia, Weshingtpn 98504-1015
M1SCELLA~IECJiJS
25. a) 11'ersonal Pro'perty Taxes. Lessee shall p3y before clelinquency all tzLxes,
assessments, license fees and public chflrges levic,d, assessc,cl ar irnposed upnn its business
operations as wcll as upon all tra(le fixlures, leasehold improvements, merchandise and
other personal property in or about thc Prern ises if any.
. b) Parking. Lessee p<irk_ina shall comply with niles and regulations set forth
by Lessor, as itiay be modificd from tirne to ti.me. Ovemight parking is prohibited and any
vehic(e violating this or any odier vehicle regulation adoptcd hy T.cssor is subject [o removal
a[ lhe owner's expense; provided, however, Lessee msy overnight park T cssec owncd vehicles, operated by Lessee's personnel, and used qnly in conjunation with activit.ies aC
Premises. 1'his authorization is limited to a maximuni of nwelve (12) vehicles per night and
said vehicles shall park in spaces designatcd hy L,essor. Lessee shall ref.-Lilarly prnvide ,
Lessor a list of the vc}iielcs (With suffcient information about each one to
be able to identiFy it by exterior observation) to be pverni?ht parked. Lessee
further agrees Lessor and its aDents, contractors and employees shall not be
liable to Lessee for damage ta persons or property arising out of Lessee's
is clnc
C:\Uocumeats nad Settings1C13aintuidgaSF'Ot:tWEVAI.I.EY1i.acal SettinglTemporn[y fn:crnut F7csbLK410C kase finaldraltZ 8-I0-45 , IR reN
. Lease No. SR.I., 04-01 U4 June 29, 2004 Pagc 10
;
overnighC parking or T essce's vehicles ahave descriUed being in CenterPlaee parking 1o[S.
c) SuCCGSSOr. ThiS I..casc stiall be binding on and inure to tlle beneft of the
pcirties an(i their suceessors.
d) Interpretation. 1'his Lease shall be construed <<ncl interpreled in accordaricc
widi the la4vs of the State of Washington withou[ regarc1 to conflict of laws principles. This
I:,ea.se constitutes the entire ageement bettiveen the pi►rtiES witt► respecl tu the Prernises and
the Properfy, except for modifications as may be execL►ted in writing by the parties from
Cimc to time. NV}icn requircd by the context of this Lease, the singulzu- shall include the
plural, a.nd t}ie masculinc shall include the feminine andlor neuter. "Party" shall mean
I_cssor or I essee. If rnore than one person or entin, constitutes Lessor or Lessee, the
obligations irnposcd upon t:hat party shall be.joint and several. "1'he enforceability; imalidity
or illegality of any provision shall not render the other provisions wlenforceable, invalid or
. illegal.
e) Lessor's Succ;essors. In the evenC oP.i sale or eonveyanee by T essor of the
Property, the same shall operale Eo release Lessor from any liabilily uncler this i casc, and in
such event Lessor's successor in ineerest shall be solely responsible for all obligations of
Lessor under this Lease.
1'N Wl'I'NESS WHEF2EON, the p3rtics hereto tisve tierewito subscribed their nacnes.
Gity of Spolcane Valley
By: '
lton W211, Prcject Coorclinator
Title: Division of State Services '
L1ate: Date:
(i..essor: Tf corporaticm; partnership, S'CA'1'E ON 1NASHlN11(;'1'ON
or odier of~~cer with legal authority
other khan 1 nahnral person, give title) Cpmmunity Gallr•geti o1' Spok9nc, Districl 17
Acting du-ougli the Deparhuent
pt`General Adminislration
r1PPROVED AS TO FORIvi:
Mark L. Lalzaie; ]teal Estate Services Managee
T3y: Dixrision of S~~te Services
Assistant Attorney General
nate: L7atc:
' i
C1Dacmnaiu astd ScttingslGBainbriclbe4P4KAT.`EVAI.LEY1L.oca! Setlir&ATempoi.ry Giusmct Fi1es'0I1:AICC Ieasa fmaldra(iZ 8-10-05 NR rc% siops.doc
LenseNu. SRI.,04-0104 June 29, 2004 Page 11
,
\ ~ ' C:1Doconcttl3 aful $e1tiiigsLCBavsbriclge.SPOKMfLVr1LLIiYILacal ScYtingll'cmpurary tnicrnct Filcsl01.7C4WC lc:isa fin:ddrn(12 9.10-05NR ra~isiuns.doc
Lease No. SRL 04-0104 Ju.ne 29, 2004 Page 12
STATF OF )
) ss.
County of.' )
On tlus day of . A:U., 20 , UeEore me personal}y
appe.arccl to rne knovm to be the
of the corporation that executed the wittiir► aetd foregoitig inscruntent aitd aclatowledged the said insirumex►t to be the free
wd volwttary act ztnd deecj of said corporation, I"ur the uses arid purposes ttierein mentioned; and on oath statad tbat
v+w audiorized to execute said instnrment and ihat the seal affixeci rheretU is t}ie eorporate seal of said
corporatiqn. '
In Witnc.ss WFiereof I}tave herewito set my hand and affixed my official seal the day sncf year first above
Nvritten.
_ vomry Public in and for the State of Washinston,
Residing at
My commission expires
S7'A`I'L' Oh WASNINGTON )
) ss. ' .
County of 1]iurston )
I, the uncicrsignecl, a \btauy I'ublic, do lierzby cercify dhat on this clay of .
20 , persnnally appearcd beforc mc IvtAEtIC L. Ltll-i:41L, Real Estate Services Manager, Taivision of State
SerAces, 17epartment of General Administraiian, Stxcc of Washington, ro me lanown to be ilie uidividual descriUed 'ui
atid who executed the NNithin instnrment~ and acknowledged ifiat he sioned and staled ttie same as the free and voltLntary
sct and dccd of the Iacpartrnent, fur the purposes and usec therein mentioned, and on oath srated that he was duly
aukharized to execute said docwnent.
In Witness Whereof 1 have liereunto set niy hand and aflixed my ntficial se:jl t]ie day anci year Iint abovc
"written.
Notary F'ubtic in and for the Statc of Washinglor►,
1Zesiding at
My commi;sicm expireti
C:1Docwricnn ajuf Settings~CBainbriclgaSPOf:A~~lEVAI1.EY1I.acn1 Setlirlr,sSTemparary Incemst FJes~011141CC Iwse (ina6etrA1 R•iaos rnt Tr. IUMNInV.
Leasc No. SRL 04-0104 Junc 29, 2004 Page 13
Exhibit "A"
. Legal Dcscriptinn
TFIAT PORTIUN OF THE FAST HALE Or SECTION 10, TOVVNTSHTP 25 NORTH, RANC7F
44 FAST,W.M.;1'N SYOKAN'E CQWTY, WASHINGTON, DESC1tI13LL7 AS F0'LLOWS:
COMMENCllNC AT THE EAST QUARTFR CO:l2NTEk OF Sr'1I:I7 SLC I`ION 10; THENICE
N0RTH 89°56'11" tiVEST, ALONG '1HL CE-N'1'ERL[NE QF SAT,Ta SFCTiON 10, 1013.95
FLL°1" '1'0 'r'HE WESTFR.T.,X RTGT-IT OF WAY L[NE OF vll1ZAffEAU Pt1IZE~WtAY THE
POINT OP BEGli11~lLVC; ON' 'I'HIS DESCRIPTTOV; SA.LTa POINT OF BEGINNING BEING •
Ov A CUR.VF TO TI-IE RIGHT TIIC 12AllICJS 4N WHTCH BEf1RS NpRTH 69°10'22" «ST,
A D1ST'tliNCE QF 673.00 FFFT; T.I-TENCE ALONG SAID WLS 1 LKLY MCiHT Ola -WAY
LINE ANU CUKVL '1"O THE LEFT, TI-IROUCTH A C'ENTEtAL ANGLE OF 21°06'30", AN
ARC TaISTANCE Or 24794 FEL'1 "1"O t1 POINT UF TANGENCY; THFNCF SOUTH
41°56'08° 'WFST, ALQNG SA_Ll~ WESTLl2]"1' 1Z]GH'1' OF VVAY LINL, 3.18 FEL f; THLfi1CE
vO1Z.TE1 $9°56'l l," WLS r', 519.45 FE-ET, TO THE EASTERLY RICIHT QF `'VAX T.,NF OF
DTSCQVE•RY PI.,ACk:; TTFNCF AT ONG T:C-lE LASTLIZLY ANL7 NORI"HETZT..Y IZIGHI' OF
WAY L1NL Ol; DISC(7VERY PLACE Ti-IE FOLLQNVING 5 COUR.SES; 1) IVORTH 00°11'33"
EaST, 323.56 FEE-T, TO TIIL t3EGTNNING 0F n CuRVE 1`O THE RIGHT THE RtIDIUS OF
~--N WHICH BF-ARS SOUTH 89°48'27" EAST, AIaISTAVCF OF 673.00 FFFT; 2) A7.ONG SATD
CUR.VE TO THF~, TtIGHI'; THIZOUGH t1 CENTRAL f•1NGLE OF 27°52'08" AN ARC
TaTSTANCF OF 327.35 To TITE BECIlNNlNIG OF A CCT1tVL TO `1'ff~ R1GH'1" '1"HE KADIUS
OF WHICH BFARS SOiJT1-1 61.'56'19" rAST, A DISTANCE OF 37.50 FLET; 3) ALONG
SAID CCTII.VL 'Y'd 'I'H-E RICHT, THROUGH A CENTRAL ANGI E OF 24°2$'17", A.v ARC
DTSTANCF_.• OF 16.02 FEET TO A I'OlNT OF 'CANC►ENC1'; 4) NOR'1'H 52°31'5$" EAST,
75.56 FEM'. T'U 7'HE BEGINI~tI[`~G OF A CURVF.. TQ THE i.,FFT TT-TE R.ATaT[JS OF W-iTTCiJ
REATt.S NC)RTH 37°28'02" WEST, A DISTANCL OF 62.50 FLLI; 5) ALUN~C; SA1ll CURVE
TO 1'HL LEN 1", THROUGH A CENTRFIL OF 201 °29'42", AN ARC DISTANCF OF 219.80
FFFT TO THF FASTF:RLY LTNE OF THE YMCA PROPERTY; TIIENCE NOR'1`H 25°22'25" '
WE5°[°, AI:.ONC7 SA1.17 E-ASTLRJ:Y L:INE, 249.28 FCET TO THE NORTHEEAST CORNER OF
THE YMCA PROPLRTY; THEiNCE NQRTH $9°56'1l" `VEST, A.T..ONG TH=h✓ NOR.7IH l:lNE
OF T7:IE YMCA T'120YL:LZTY, 740.00 FLL1' 1`d THE EASI` LINE OF THE WEST 200.00
FLL'1' dF THE N0RTHEAST QiJAR'T'ER OF SA.ID SFCTTON 10; TI-IENCE NORTII
00°06'27" EAST, ALONG SACL7 LAS 1' L1NE 1560.16 N.E1' TO '1`HL SOUTH L1rIE dF THE
NORTH 300_00 FEET OF THE NORTHEAST QUAR.TF_.R_ OF SA]J7 SECTIOV 10; TE•IENCE
SOUIrI $9027'33" L•"•AS'1", ALUNG SF1tl7 SOUTH LINE, 693.58 FCET TO THE WESTERLY
RIGHT qF WAY T.,INF OF MIRABFAU PARK.WA.X; TI:TLNiCE ALONG TIIE- WESTERLY
K1GH"1" 0F WAY LINTE OF' MIRABBf1iJ PARK.WAX THE FQT.,T.OWTivC7 8 COUR.SrS: 1)
A1,ONG A C;URVL '1'U 'I`HE ItIUH'7 "1"HE" I~AIaitJS OF WI-1.TC.H F3FAR:S SOUT.H 56°'S4'22"
W'ES I, f1 CUKVE-L71S'1"ANCE OF 673.00 FFET, TNR.OUCTH A CENTR.AT ANGLE OF
17012'1$"; ANT ARC.I7IS'CANC;E 0F 202.09 rEET TO a POmtT OF TANGFNCY; 2) SOUTH 15053'21" EA5'I", 463.3$ HEET, TO "I'HE }3EGliWINIG OF A CURVF TO THE .T.FFT THE
12AD1.US QH W'H:ICH F3EARS NURTH 7400639" FA:ST, A DISTANCE OF 727.00 FEET; 3)
G1DouimeWs and SsttingslCDainluidge.SPOt:r1.VEVALIEY1Local Satings4Tempmary lnlesnet Ffles'Ol.}:4'd:C lease fmalclraft2 9-10-O5 A'R rnisioms.doc
L.ease Nb. SRL 04-0I Q4 J une 29, 2004 Page 14
,
. AT ONG SA.TTa CLTRVF TQ THE LEF"I', `1'HRUUGII A CL'NT12AL A\iGT.,F OF 0$009'11", 11IV
AR.C IaTSTANCE OI' 103.45 FEET °l"O APOINT OF TANC7ENCY; 4) SOU'1`H 24°02'32"
EAST, 25531 FEE`l', '1'0 11!E- ]3:EG1NNNG OF A CURVE TQ THE RIGHI' `1°H:E. RAUIUS OF
WH1:C1-i ANCJLF RFARS SQUTH 65°57'28" `'VLS`1`, A D1SlANCE OF E73.00 FEET, 5)
ALOVG St1ID CURVL '1 O `l"11:L 1ZJG.1=T'[', TTTRQTJCTH A GENTRAL ANGLE OF 20°29'03",
AINT AIt.C TaTSTANCF QF 240.61 FEET TO TH, I3LGINN1N(a OF A CUR.VE TO TT-TE LEF'T
THE REIDIUS OF WH1CH l'3LARS NOR"['H 86026'31 " FAST, A DISTANCE OF 727.00 ~EE'T';
67 ALONG SAID CURVE TC) TTLE i.,FFT, THROi1GH A CENTItA.L l1NCiLL OF 38°36'08°,
AN AR,C laiSTANCE OF 489.81 FEE'I" 'T'U A POINT Oli T~~IGENCY; 7) SOUTH 42°09'36"
EAS']", 26.61 FEET TO THL BEG1i~NING OF A CUR.VF TO THF RIGHT THE RADfUS UN'
W1=11CH 13LAlZS SOUTII 47050'24" WFST, A Ia1S"rAVCE OF 673.00 FEL`l'; 8) AL0NG SA1D
CURVE TO TI-TE RiCTHT, TFIR.pUGH A C;EN'1'ftni, r1NCLL Ol~~ 62°59'14", AN ARC
DISTANCE OF 739.$5 FEET `l'O "1"1-iL 1'OINl OF BEGINNrJN(T OF TFTfS TaESCR.IPTIQN;
EXCLP I" vl"HA°l" POK"1"lON CONVLYLU TO ST'OKANE COi.7NTY FQR DTSCQVFRY
PLACr, ROAD FTf_:F• NO. 2666, F.3X IaFFIa, i.TNIDER AUDITOR'S FI:LL NU. 447291.
~
C:1Documcnis and SdtinmtiCF3:iinGridle,SPpKA91,\+ALIJ;Y1t,4r,,l SettingslTuttporaiy Inttroct FilrsAOL}:-i~CC lea_;e finaldrnfi2 8-10-05 NR rcviions_dac
~ T..ease No. SRL 04-0I 04 June 29, 2004 Page 15
Lxhibit "93"
Site Plan '
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C:11Joame•..ni4 znd Sc[tiqgs}CBainbridge,SPOKANFVAI,LEY1Local SetlinoTcwUoruy lntcxnet FElestiOl.t:41IX: Iwse 6naldcaA2 8-10-05 NR rnisinns.dnc
Lease Nc►. SRL 04-0104 .lune 29, 2004 Page 16
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Cxhibic `:C,, ,
Jani[or Serviccs
l)AILY:
• General clearung 5-7 days a wcek after 5pm or after the last grouplevent leaves the
building
• 'Vacutun all carpet areas nightly (spot clcan whcn ncccssary)
. • 17oors, iuain entry doors aud wuidows -Mll Ue cleaned daily
• F.mply waste cans & recycle bin.s (clean when necessa.ry)
• Wipe dUwn all surfaces within riarrnal reach will be dusted and kept
clean daily including cotulters, tables and sink arcas
• Sweep oiitside entrwices, stairs a.nci wallc«iays
• Clean windows as needed
• All walls vvill be spot cleAned as necessary, so long as the removal of fuiger uiarl:s,
etc., does not spoil the general appearance of the walls.
• NValls sNuitch cover plates cleFUi when needed
• Elevalor tioors will be e:leaned and pplishecl daily
WEEKLY:
• Clean ana Dust as required (wor.kskations sur.:faces, tile cabinets, ta.hle
tops; partition edges, walls; ceiling, leclges, baseboards, rails, ,
stainways, banister; display cascs, bookcases and cornees)
• Taust bli.nas asneces5ary
• Carpcts clc.aned inchicling corners wcekly
• - Chair mats cleaned weekly
• bVaste c4ntainers will be cleaned and disinfected daily
• All wondw-ork sha.Ll be cleazied and dusted Nveekly
QUARTERLY (.Tanuary, April, ,Tuly, Octobcr):
• Clean all %Nrindows inside and nut
• Door hareiware.,will be polished quarterly
• Remove light Iiat«res cavers (where applicable) ar►d charoughly clean .
. B1-f1NNUAL.(April, September): .
• Sharnpoo all carpeted arE:as
• Dust aud clean blinds (botti sides); spot cleau when necessary
G:l~~ocumercts orsd Settin~~C~ainbri+f~e,SF'OEUNTiVAI,LFiYlf,ocal Settingsl'icmpomry tr.temU Fiks'Of.K41CC lcase 6naldmftZ 8-10-05NR misioos.doc
Lea.se No. SRi. 04-0104 June 29, 2004 Page 17
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plic-
Architecture 02•20-01
• Inteciors pROJLCT: Centerplace at Mirabeau Point Par1: IIIITIAT[ON DATE: 07-12-2004
COnsCrucCibn. - • ManagemenC ' • '
You are directed to in.corporaee the fullawing changes into tbis Contract:
( .
Changc Proposal Reque:st Items: •
1. C.O.R. 5 Fili saptic tan.k ancl removeldispose of tanl: cover. Aelct $1,287.00 - ,
. 2. C.O.R. 6 Electric,al woi-k- chanees per RF'I025 (pleniun rated cable). Add $2,497.00
. ,
3. C.O.R. 7. 4" wasic pipc i'or future wct lab (instatlation camplcu:). ' Add_ $4,576.00
4. C.O.1L 9 Elevator pit sump (wark completed). Add S924.00
'5. C.O.R 10 Excavate ez,istina concrete slab and cemove from site. Add $1,267.00 ,
G. C.O..R. 14 Change 4" conduit to (3) 2" conduits per RF1021. Add $1,625.00
, 7. C.O.R- 15 Provide separateconduit per RFI020, A.dd $2,569.00
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. Total tnr Change Order rzo. 1(includes Wa. St9te-sales tax) S-I4,741.00 '
Zlb To;44 Hou•erd '
_~,Level ' . . . • -
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9920! -
504•6Z4-600 • .
fax 509•624-5262 " madmitch.eom ' Fi' •
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 16,2005 City Manager Sign-off:
- Item: Check all that apply: ❑ consent El old business X new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: School Speed Zone at Ness Elementary School
GOVERNING LEGISLATION:
PREVIOUS COUNCIL*ACTION TAKEN:
BACKGROUND: Ness Elementary School has no 20 mph speed zones on MacArthur and
Rudolf Streets, which are the only streets connecting to the school's parking lot. Many of the
students walk along the shoulders of these streets en route to school. A neighbor of the school,
who lives on Rudolf, called to request the 20 mph zone. Public Works discussed it with the
school principal, and decided that MacArthur and Rudolf between Boone and Ness Elementary;
Cataldo Avenue along the school frontage; and 300 feet on either side of the Boone Avenue
crosswalk should be martced as a 20 mph zone. Per the model traffic ordinance adopted by the
J City, all changes to speed limits must be approved by the City Council. Public Works hopes to
have this resolution approved and signs installed before the new school year begins in
September.
OPTIONS: •
RECOMMENDED ACTION OR MOTION: Council Consensus to Place the Resolufion
establishing a speed zone at Ness Elementary School, on the Next Council Consent Agenda.
- BUDGET/FINANCIAL IMPACTS:
. STAFF CONTACT: Neil Kersten
ATTACHMENT: Draft Resolution Establishing a Speed Zone at Ness Elementary School
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CITY OF SPQICAi1TE VAl1T.,FX
. SNvl{ANE COUNTY, WASH"LITGTON
ttE50LUTION \ US-
A RESOLUTlOi\T CWANGINU THE, SPFFD LI41T FRVM TWENTY FIVE TO
TWEN'1'Y M.P.H. .11T TFIE AREAS OF 7300\T~ FRQiNZ 300 FEET `VEST nF FAIZK
ROA,D TO 300 FEFT E•AST UF F.Alt12 ROAn, A.ND QN 12UDOLF ~'ROM BOONF TQ CATAY,UO, A1 nN CATr1Lll0 FRONT RUDQLPI3 TO NLACARI'.HUR, r1ND QN 1
1vi.AGARTHiTI2 FR01'1 B00NE TO CATALDO; PUlZSU4NT TO SPUKr1NE VALLEY
`'I[INTCTPAL CUDE CHAPTFR 9.05.030.
. WI-IEREAS; the City Council from time to time may lower Che specd liinit in response to
inerc.a,sed traffic in and around school property; and
WHFRi:AS, the City Council adoptetl Spokarte Valley Iviunicipal Code Section 9.05.030, which,
in part, provides that the maximum speed limits for streets ean be established by ordinance or resolution;
and
«rFT1;RFAS, the City Council has authority unc3er S\rIvTC 9.05.030 to change speed limits, which
is an exerc.isc of'power of the City to protect the health, safety, and wclfare of its citizens; \iQW TI-IEREFO[ZE, be it resohred by the City Cauncil of thc Cily of Spokane Valley, Spokane
County, Washington, as follows: .
Section 1. New School Spced 7_.one•s: The follqwing city road sections shall be desigmated
as scllool speed zones: on Boone from 300 feet west of Farr Road to 300 feet east of Fan- Road; on
Rudolf from Boone to Cataldo; on Ca[aldo from Rudqlf to NiacArthur; and on 'MacArthur fi•om Boone to
Cataldo.
Section 2. Effeckive T)ate. This Resolution shall be effective upoii adoption.
Aclopted this day of August, 2005.
City of Spokanc Vallcy
Mayor, Diana Wilhite
A"I' 1`E' S7': CiCy Clerk, Cliristine T3ainbridge -
Approved as to Form:
17eputy Gity Attorney, Cary P. Driskcll
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 16, 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: County Maintenance Contract Options GOVERNING LEGISLATION: .
PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: The City currently has an interlocal agreement with the County to provide road
maintenance services (copy of the interlocal c4ntract is attached). During the February retreat
we discussed tiidding road maintenance, street sweeping and weed control as part of the effort
for managed competition. It was Council consensus to examine street sweeping and weed
control as part-of the managed competition program.
An e-mail from the County Engineer suggests that they are not interested in the City bidding
some of the services and leaving others. They are supportive of a mutually agreeable transition
\~J plan where the City is responsible for street maintenance with very little or no County
involvement. Additionally, the County has stated that they will not bid the sweeping. service.
. Their charges for the service are per the agreement and are based on actual time, equipment,
materials and overhead.
OPTIONS: 1. Arrange a meeting with the Council and the Commissioners to discuss the
interlocal agreement. 2. Other direction from the Council. ,
RECOMMENDED ACTION OR MOTION: Provide staff with direction on how to proceed with
the County Road Maintenance Contract.
BUDGET/FINANCIAL IMPACTS: The 2005 City budget for street maintenance is: Street Fund
$1,889,292 & Stormwater maintenance $816,102 for a total of $2,705,394. The County's 2004
estimate for street maintenance totaled $3,113,268. The street sweeping portion of the
County's 2004 estimate was $542,624.
STAFF CONTACT: Neil Kersten
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ATTACHMENT: Interlocal Agreement Between Spokane County and City of Spokane Valley
Regarding Provision of Road Maintenance Services (April 1, 2003 - December 31, 2004)
• lteturn fn: Dauiela Erickson Spokan e` , alley AgrePment
• Clerl: i►£ the 13osrd ~'o . C03- 33 ' 1116 Wcst Broad~vay approved : Apr, a.]. 22, 2003
- Spokane, Washington 99260 Ratified: May 27, 2003
INTFRLOCAL, AG12ELiVIENT BE `1'WEFN SFOKAI-s'E COIJ\TY
A\TD CITY QF SY()KA1\'E VALLFY
RFGARD11`G PROVISION OF RQAD iVTAivTFNAiYCF SERVICES
(Apr-i.l 1, 2043 - J)ecember 31, 2004)
THIS AGREEV1T\t'f, made and cntered into . by and beriveen Spokane County, a political
subdivision of ttie State of Washingfon, having oftices for the transaction of business at 1116 NVest 13road~vay Avcnue, Spokauc, Washington, 99260, hereinafter referred to as the "C;O[jNiTY," and
City r.if Spokane Valley; a mutucipal corporation of [1ie State of Washinglon, having of.fices for the
. transaction of business at the Reciwdod 'Pla-ra, 11707 East Sprague Aveuue, Suite 106, Spokxne
Valley, `Vashiugton, 99206; hereinafter referred to as the "Cil`Y," joiutly herzinafter refierred to as
the "PARTTLS." ,
«'I'Z'N'ESSE`I'H:
VVFTCi liEAS, pursuant to ttie pravis.ions of RCW 36.32.120(6), the Board of County
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, Commissioners of Spokanc Cowlt), ("BpARD*') has t]Ze care of county property and nixnagement
of fiunds arid bti.siness; and WH-F'REAS, pursuant to _cliapter 35.02 RCW, the City of Spokane Valley established
inidnight, March 31, 2003, as ifs offtcial dafe of ulcorporalion azid upon thai date -,%i!] commence
operations as a city; and
VHH=REAS; pursuant tn chapter 35.02 RCW , as of the. off cial date of incorporation, loca]
govemmental autharity wid jurisdiction with respcct to thc newly incorporatcd ar.ea transfers fi-om
Spoka.ne Counry io City of Spokaue Va11ey. Provided, however, Spokane Co.unty shall provide.
road mauitenanc;e for a period not to exceed sixty days f:rom ttic oECcial dale of the incorporaliou or
uutil forty peiceut (40%) of the anticipateci acuiual tix distribution from flie road district la.r levy is
made to tlic City of Spokane Va11ey pursuant to RC1V.35.02.140, and ' . WHERE AS, c:hapter 39.34- RCW (Iuterl4cal Cooperation Act), authorizes counties anci
ciiies to contract with e.ach other to pei-tonn certaiii funetions which each may lega]]y perform; aud
NVHE12EAS, tlie City of Spal:ane Valley clcsires to provide qudlity street iuaintenauce ~
and traffic confrol services for i[s residents and ta contract• with Spokane Couuty, through the '
County E.ngincer, for these serviccs.
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\TO`V, 'i`HERLF0RE, for a.nd in considera.tion of the nuutual promises set fQrth
hereinafter, the PA,R.TIF,S cln mutualiy agree as follows: -
SECTION `TO. 1: PLIRPQSE
'Ihe purPose of t:his Agreeuient is to set forth the provisiens tuider Nvluch COLN`I'Y, through the
Cotuity Fngineer, Lvill providc sheet maintetiance aud traffic control services ("Services") to CI?Y.
SEC'CION NQ. 2: DURATIQN .
This uutial term of this Agreemcnt sliall commetlcc sixty (60) days from March 31, 2003 or whcn
forty percent (40°/u) of the anticipated annual tax clistribution from the road district tax levy is
uiadc to CT`l`Y, whichever is the shorter tuue perivd, and run ttirough 12:00 P.M. Dec;etnber 31,
2004. T'hc PARTIES anticipate that the datc wh.ich CITY will reeeive forty (40%) percent•of the
anticipated annual tax distribution froui ttic road district levy wi.ll be Ivlay 10, 2003. .
At the conclusion of the initial tenn, this Agreement shall automatically be renewed upon::tfie same '
terms aaid conditions from year to year thereafter effective January 1 to Taecember 31, t"ess (i) •
either 1'arcy givcs wTitten nntice of terinination to the othcr Party by June 1 of the preceding
calendar year to termiuate t'or the following yea,r or (ii) eitlier Party wants a substantial ctiange in
die Agxeemeiit which is com.municated-to the other Party by lune 1 of the prececiin.g calenciar ycar. A substaiitia.( cha.nge-shall constitute a change in the dollar level of the contract o£+/- 10% as
outlined in the budgct shown in Exhibit "4a'.' for 2003 and 2004, and updateci annually khereafter.
C1TY, at its option, may reduce or'increasc services up to 10% of the dollar level of the conlract
witli 60 day5' LVT1tt8Il I10t1C8 t0 COIJNTTY. SECTTQiN NO. 3: COST OT{' SERVTCES Alvll PAY1b1ENTS
Iri consideration for COUNT'X providing base and discretionary services as sct forth herein, C1TY
sliMl pay COTJNT'1' for actual costs (iiicluding direct labor, supervision, employee benefits, equipment rental, materials and supplies, utilities, subcontractcd work and permits) and overhead
costs. Standard labor rates can be affecied'by overtune, extra holiday pay, shif} differential, labor
contracts, acld on-call rates. Labor aud equipment rates are shown in Exhibit "4b'' and will bc
. ceviewed acld modified when requi_reci. COUNTY will noti_fy C1TX in writing of any changes to or
uiodifications of the labor and equipmcnl'rates.
l:stimated costs for the final seven (7) rnonths (approximately) of 2003 and for all of 2004 arc
shoNvn in EYhibit "4a," CITY will bc billed for actual costs when work is completed. Estunated
costs for requesteci services iu future years Nvill be provided to CITY as a part of aiinual budget
discussions.
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CITX shall pay COUN I'Y for the fiill chsr (iucluding. salaly, benef:its, supplies, materials,
equipcncnt, and aclministraeive ovcrhead r,osts) of providing CTTY witti rapid-response staff iu
responding to emergencies. ,
Cl fY shall be responsi.ble for all exti-aordinary costs rESUlting froui CITY'S decision to modify
SE:NICeS. '
COUNTY vvil~l bill C1TY for the cost of serviccs as outliued, monthly, ciuring the first wcek of the
nionth. Payments by C1TY will be due by the 5`h of the follo4vi.ng month. At the sole optiou of
COI3NTY, a penalty may be assessed on any late payiiieut by CITY ba,scd on lost interesl• earnings
had the payineut been kimely paici asid invesied in the Spokane Cotmty Treasurer's investinent
Pool.
I:f the Cl l'Y bel.i.eves any coinpletcd service docs not ineet the. standards sel forth in Section hTo. 4,
tlie ClI'Y'sha,(1 provide -vvritten noeice to the County Engineer ("claim"). 1hc clai.m shall set f:'orth
• the locatiou of fhe service perfonued anci the basis'fqr believing lhat it does not meet the standards
set farth ui Section No. 4. Upou receipt of the claim, the County Fngineer may ctirc the deficieney
or wi_tliiu five (5) business days of reeeipt of the claun request a mecting -vvith the City.Ivlanager,
(or desibnee) to resolve the claim. The requcst far a meeting shal_t be in writing directed to ttic Gity
Manager. Upon reccipt of the request for, a meetiug, the City Manager (or designee) and County -
Engineer (or dcsignee) shall meet ui good faith and exet-cise best e.fforts to resolvE the claim. If '
agreement is reached bchween the I'arties aud the County a-ffects a cure, the CITY sliall mal:.e
paynlent for the service as set forth in Section 3. Thc CITX may wilhhold payment dttring tiic .
pendancy ofthe cla-im. The City shall not pay additional costs or interest on'the auiount due if the
rcason for the cure is to achieve staiidards set forth in Section No. 4. .
It the F'arties are tuiable tn reach agreemcnt on the clai.m either k'arty may r.equest binding arbitraiion. `l'he arbitrator shall be selectcd by mutual agreement of the Parties. The arhitrator shall
not be an emPloyee or e~'-~icial of the Cl l`Y or. COIJN"1"X and shall have expcrtise in tfic matters set
foz-th iii the clai.tn. 1"he Pau-ties shall equally split the cost ofiarbitration. If the arbitratordenies the
claim of the CiTI' ui tivhole or parl and the CITY,has opted not to pay the COLNTY durinu ttle
pendancy of the claun, the CI1 Y shall bc responsible for any lost incerest to the COUNTY oci the
claim or portion of the cia.un haci the C:1'"Y paici for the services when billed by the COLTNTY.
liiterest stiall be based ou the amount eamed if depesited in the Spokane Cotinty Treasiirer's
ffivestment Pool.
SECfl()N NO. 4: SERVICES PROVII)FD
1. Base T.:evel Services '
COUNT'1' will provicte street and traffic maintenance serviccs a.s i.dentified ui Exhibit "1" within
CT1"Y boundaries at the same level, degree and type as is customarily provided by COiNTY in
uiuncorporafed Spokane County.
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Actual levels of service providcd by COC.~~'~'['Y will be tti.ose adopteti by CT 1 l' and COLTNTY in
annual budgEt processes. COLJN1'Y is a contractor for CITY and Niill provide serviccs requestcd
by CITY so long as such seiviccs are NIN1ithin COUNTTY'S ability to provide.
Actual services provided by COi,NTX shall be of tlie typc, nature and magnitude subsequently
negotiated betwcen CITY and COUN7'Y ciujing thc PA.R'I'IES' annual bud;et anci planriing
processes. AftEr adnption of budget and plan, Nvittun the r.onsteaints of the basc level services
. prograLU described, CITY may .request adjustrnents to individual tasks i.n order to meet specific
needs. COIJ\fTY shall consider all such requests and, whencver practicable, alter ttie work
program as necessary. COiJNTY is a contractor of serv~ices only an.d does not purport to rEpresent
CITY professionally other than in providing the services requested by Cl'rY. .
Any changes to the ]evel aud/or scope of scrvices providcd under ttus Agreement w-luch Nvould
change tlie established budgel comuutrnent for labor, equipment aud materials, shall be negotiatcd
and mutually agreed upon ui writing betvveen the COUN i YEngineer and the CTTY Ivlanager.
The amendmeni shall be appended to this Agreement
• 2. DiscretiouarY Serviccs
At the reqticsfi of CITY, COUNTY Nuill provide discretionary services as lisled in Exhibit "2."
Fxhibit "2" may be inutually amendcd fr4n~ tiuie to time by «~ritt cn agi-eement of COiJNTY
Fnginecr and CITY Manager. The amendment shall be appended to this Agxeement. . Other discretionary services, dcfineci as those services wluch prnvide an enhanced level of service
beyond what is nonnally provided by COLNTY in the unincorporated areas, and services
resulting in i.nstallation oC new traftic devices (such as trafFic signs or pavement mar.kings) or
uiaintenance facilities (such projccts which would i.ncrease the progranuncd service levcls), will
bc furnish.eci ttirough Che proccdure ide.ntificd in Exbibit "3."
` 3. CQiTN7'Y and CITY Coordination
COnrI'Y xvill identify specific liaisons.f.or bolh street and traific maiutenance services to handle
day-to-day operational activitics related to basic aiid discrctionary services. CITY will identi.f.y a
li~u'spn for tlie same puiposes. The liaisons will meet rcgularly to review the performance of this .
Agreemeut. '
Emergcncy work to protect public safety aud/or prdperty Nvill be ba.udled as COIJNTY or CITY
liaison cieems neccssary. Emcrgency wark may ulclude, but is not limited to, snow and ice control,
slide aud/or debzis removal, flnoding, repair of flood daaiagc to roads and road'iiglits-of way,
repair of tra,Ffic signal malfiuictions, or replacement of doNvned stop signs. CITY liaisan ,;vill be
. infomied of and involved with the incident as soon as practicable. . .
COUN`CY shall, upon receipt of a cnpy of a ri;hf-of-way construction permit issueci by CITY
1\` ~ Propcrty Senrices Division to a utilifiy ccintractor for Nvork to be dnne withi.n CITY limits, uispECt Pagc 4 of 9
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the raad re;toraridn wqrk completed by that contractor to ensure tliat it uieets applicable COUNTY
or CITY standards.
IVon-euiergency citizeu requests will be referred to CITY. CITY will be resPonsible fnr
prioritiziug requests.
4. CT'['X 12es»ousibilities In conjunction with COUNTY providing the services ciescribed in Subsectinns 1 and Z 0f tllls
SECTION, CITY, in executi.ng tliis A.9'reement, does: .
(a) Confer on COUN TY the authority lo perf'oi-ni the street and tral'_f.ic mauitenaaice szrvices «ritlun
C.l'I Y limits for the purpQSes ok can-ying out this Agreement.
(b) Grunt COUNITX t11e authority'to act as its agent to inspect roadway restozation done by utility
companies within iis corporate liinits. The uispections will be initiated through CITY's right-of-
way constniction permit pracess.
(c) Agrec that when COUNTY provides enginecring and aciminislr.ative seivices for CT 1'Y,
County Engineer may exereise all the povv-crs and pErform all the duties vested by law or by
resoluticm in the 4iry Fnnuieer or other officer or department charged «itti street administration. (d) Adopt by reference all CQtJNTX ordinances, resolutions and codes necessary to, providc
authority for COUNTY to per.form the serviccs iuider this Agzeeinent (for eYacnple, road
stanciards, speed limits and parkitig rebulations).
5EC7'T4N.N0. 5: NOl1CE
All notices or other commtuiications given hereunder shall be deemed given on: (1) th.e day sucti
noeices or other commuiucation§ are received when sent by persoual delivcry; or (2) lhe thir.d day (bllowing the day on which the sacnc have been mailed by first class dclivery,'pqstage pzepaid
adclressed lb I?ARTIFS at the address set forth below, or at such ottier address as the PAR.TTES
shall from time-to-kulie desigiiate by notice in Nvrifing io the ptlier PAKrILS:
C4UNTY: Spnkane Cotuity Chicf Execufive Officer or his/her autliorized representative
1116 VVesl Broadway Avenue
Spokane, IVashuigton 99260 .
. Spokane County Euguieer
1026 W. Broadcvay Avenue
Spokasie, Wasliuigton 99260-4170
C.IT~,': City oF Spokaiie Valley City Manager or hislher autliorized representative : . Redwood Plaza -
11707 East Spraguc .Avenue, Suite 106
1'age 5 of 9
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Spokane Valley, Waslungton 99206
SLCTION NO. 6: COUNTERk'Ak2TS .
. Thi s AgreEment may be csecuted in any number of counterparts, each of which, whcn so ex.ectrted
azid delivered, shall be an original, but such countergaz-ts shall together constihite but one and ihe
same.
SFfTCOY NO. 7: S'CTBCUNT}2AC"1' -
COiJNTY may subcontract any of its responsibi]ities set forth h.erein provided COUN 1 Y retains
the appropriate supervision and inspection of the contractor's work.
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SECTION YO. S: LLABILT'~.'
(a). COUNTX agrees to i_udeuuuf_y and defend CITX from any loss, cost or expense claimed by
tturd parlies for property damage and bodily i_njurp, includiii.g dcath, caused solely by the
negligence or -wi11fti1 m_isconduct o.f. COCtNTY, its elnployees or agents in councction ~vith the
serviccs le be performed by COUNTX under the terms of this Agreeinenfi.
(b) CITY agrEes to uidemriify aaid defEnd COUNTY f,rom auy loss, cost or e~xpense elaimed by
third parties for propcrty damage and bodily inj ur,y, iucluding deatli, caused solely by the
negligence or willfiil misconduct of CTTY, its employees or ageuts in c.onnection xvith the
_ oblibations of CITI' under tlie ternis of tlus Agreement. - (c) If the negligence or Nvillf'ul nusconduct of both COUN1`Y and CITY, or a person identified
abowe fvr which each is liable; is a cause of such damage or injury, the loss cost of expenses shall
be shared bet,,veen COUi~FTX and CITY ui a propoition to their relative debrecs of negligcnce or
willful nusconduct and the right oFindeuuuty shall apply to such proportiou.
, (d) In executing th.is tlgreem.ent, COiNTY cloes not assume liability or responsibility _for,or iu
any way releases CITY fram auy liability or respvnsibility which arises in -svhole or iu parf froui
the exis-r.encc or effect of CITY orciinalices, polic;es, rules, rnad standards or regulations. Tf:' any
eause, claim, suit, action or administrative proceeding is coiiunenced in which the enforceability •
aucVor validity of any such CTTY ordinance, to inclucie its constitutionality, policy, rule or
regiilation is at issue, Cl°rY shall defend the sane ai its sole expense and, if judgment is entered or
dzinages are awarded against Cl'I Y, COUNT1`Y or botli, CITY sliall satisfy the same, 1I1CI11d111g all
' chargeable costs and reasonablc atlomey's fees. (e) Tlie foregoirig indem.ruty is specifically intended tv constilute a waiver of each Parry's
i.mrnunity under Washi.n.gton's Industrial Insurance Act, Chapter 51 RCW, respceting the other
.E'arty only, ancl only to the extzrit necessary to prqvide tie indeuuufied -parry with a full and
cornplele indemnicy o.f clainYs made by the iudemnitoz's employees. PA.RTlEs acknowledgc that
these provisions were specitical_ly negotiated and agreed upon by theln.
(f) COUt~1'T'Y and CI1 Y agree to cither self insure or purchase polices of insurwice covering thc
malters contained in this Agreemcnt Mth coveiages of nUl less than $5,000,000 per occurrence
with $5,000,000 aggregate linuts professional liability and auto liability coverages. .
' SECTTON NO. 9: RELATInYSIi[P OF TffE PARr1E.5 '
- The FARlIE.S uiteud thaC au independent.conlractor relatianship wi_ll be created by this Agreement.
NO agent, euiployee, servant or represen.f.ative of COUNT1 Y shall bc deeuicd to be an emPlo}=ce,
agent, servant or representative of CITY foc any purpose. Lil:evoise, no. age.nt, employee, scrvant or
rcpresentative qf CPI'Y sha11 be deemed to be an employee, agettE, servant or rcpresentative of
CUUN'1'Y for any purpose. Piage 7 of 9
•
1
Control of pezsonnel standards of per.formance, discipline, and all other. aspects of performanuce,
i.nchiding that of the statf, shall be covered eutirely by COU-NiTY.
COUNTY shall fiarnish all persounel and such resources and materials deemed by COUNTX as
' necessary to provide the street and traffic serviccs herein described and subsequently authorized
by C.ITY. .
SE, CTIOV NO. 10: NCnDIIUCAT.I0N, 7'ERM:[h~AT70Y
1lus Agreement may be modified in wTiting by muhia] ajreement oft}ie PAR d'.
Any Party may tertninate this Agreement for auy reasvn whatsoever upon a uunimuzu of 180 days
written noticc lo the other T'arty. Auy Party may ler.muiatc ihis Agreement upon a brcach by the
another I'art}; provided thc Party seeking to tcnniszate the Ageement shall provide at least 30 clays
~Nz•itten nati.ce anci an opportucuty to cuxe to die breaching Party. .
Upon terinination, CITY shall be obli;ated to pay fpr only those seivices renderecl prior to the datE of
termination.
SECI`ION VQ. 11: PROPEKTY AND EQUIPI1ILEiN'I'
The oNvnerstup of all property, aad equipment ukilized by COUNTY ui providing services tulcler ttic -
ternls offi.tEs Agreemcni sha11 remain with COUN uuless specifically. and mutually agreed by the
PA.R.TIC-S.
SECTTC)N NQ. 12: GFNLR1_L ~'12A75 1`his Agreement coutainS terrns and conditions agreed upon by the YARI7ES. The PARTIFS agree
that there are no other understandixigs, oral *or otherwisc, regarding tlle subject matter of this
Abrecment. ivo chaxigES or aclditions to this Agreement shall be val.id or bindiug upnn the PARTTw S
Luiless such chauge or addirion is ui '%Nriting, executed by the .PARMS. .
Both PART?FS agr'ees to, aid and assist the oeher Party in accomplishing- tbe objectives of this
Agreeinent.
Tlus Agreemeirt shall bc binding upon the YA.RTR,S hereto, their succcssors and assigns:
S.FCT1Uni N0.13: VEi iNUE STI:PUGATiOni . This Agreeiiient has bcen and shall be constiued as having been made and delivered ,vzthin the
Stcite of Washulgton and it is inutually understood and abrEed by each Party that ttus Agreement shall be govemed by thc lavvs of the State of Washington both as to interpretation and
perf.ormance. An.y actian at law, suit in equity or judicial pzoceeding for the enforccment of this
Agrcement, or any pro-,rision hereto, shall bc instituted only ui courts of competent jurisdiction ~Nithin
Spokane County, Washington.
Yage 8 of 9
SF,C'I'lUN N0.1.4: SEVEcRAl3M'1'1' _
lt is tmcierstood and agreeci ainong the Pf1RTT.FS that if any parGs, tcrms or provisions of ttus
AgreEment are held by the courts to be illcgal, the validity of the remaining portions or provisioiis
shall uot be affected and the riglits and obligations of the l?ARTIFS shall not be affected in regard
to the i~emainder of the tl.greeinent. Tf it sliould appe.ar (llat any patt, tcrm or provision of tlus
Agreement is in conflict Nvith any stahitory provision of the State of Washingtpn, then the part;
term ar provision tliereof that may be in con:flict shall be decmed inoperative aud null and void
insofar as it niay be ui conflict there~.vrit•h ajid this Agrecmcnt shall be deeined to modify.to
conform to sucli statutory provision. •
SECTTON N0. 15: HEADINGS •
`1'hc seclion headui;s appearing in this ta.greeulent havc been inserteci solely for the purpose of '
convenience and ready reference. Jn nn way do they pw-port to, and shall not be cieemed to define,
li_mil• or estend the scope oz intent of the sections to which they pertain.
SECTIO1\7 1\TQ. 16: CON'1'RACT ADiVtTNiSTTtAT1UN
The PARTI.F_S shall each appoint representatives to review conti-act performance mld= resolve ;
problcrns, whicii cacuiot be deall• .vitli by COCJN'1'Y and CTTY liaisons. 1"he Pt1RTTFS shal.l notif~'
the other in writuig of its designated representatives. CQLINTY and CITY liaisons vvill incet
periodical.l}i, v,%ith eithcr Party authorized to call addieienal meetuigs with ten days ,vritten uotice
to the other.
Any problem, which caitnot be resolveti by tlie F'ARTIFLS'- dcsignated representatives, sba.ll be
referred to CITY Maiager and the Spokaue Cotmty Engineer for settlement.
.SECTION NO. 17: AUDITS AN]) Ii'VSPECTIOfiTS .
Thc records and dncuIIients, with respect to all niatters covered by this Agrcement, shal_l be subject
to inspE;ciion, review, or audit.by COiJiNTY'or CI`I'Y duri.ng the term of tfiis contract and threc (3)
years afZer tertiunation.
SFCTTON No.18 RFCOR.ns
All records prepared ar producecl by COUNT'Y i.n coujutiction providingservices to C1TY under the
tErms of ihis Agzeenient shall be the propert}, of dlc COi1`NTX. 'Upoii tcrmination of tliis Agrecmenl,
GOiJNTY agees to rnake copies of all such recarcis Nvhich uiay be rcquested by C1TY.
1'agc 9 of 9
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3. .
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' l,N 'VVIT'NESS WHER.E0F, the PARTIE.S have catised this Agrcement to be executed an
date and year opposite A~~O -3 their respeetzve signatures. DATED: BOARD OF COUNTY COMMT,SSIONERS
• - ' QL' SPOTCANE, COLTNTY, WASHING'T'UN Q~ co~r,sus .
o :i~ c' • . sro o~.QO~ oGLa. ~c~
~ s
LFY
• ATTES'I': -9 .
V tCKY M. DALTON
CLERK (7F THE BOARD LIP D. •j S, -
! DY: . 0 Cr--~.
aniela Erickson, nepury YF i CASLIN
AATED: CITY Or, SPOICANE VALT EY: '
` BY:
City Clerk (Tide) '
; Approved as to form only: • , : AQ ity t y ~
-
. ~ . _
' Puge 10 of 9
riY tiVITYESS WIiEREOF; the PARTT_F1S have causeci this Agreetneut to be eYecuted on
date ancl year opposite rheir zespective signatures.
DATED: ]3UE1_R.D OF COL7NTY CQVMSSIOVFT2.S
OF SPOILAlVL, COUNTY, `VAS .H.I.NGTOINj .
. JOP1N R0SICE'LLEY
.ATTEST: , VICKY M. DA:L,TON
CLERK OF THE BpA.R,la PHILLIP D. HARRIS, Chair
BY: '
Daniela FricksUn, laeputy M. KATE 'McCASLTN
. ~
:
DATED: ~ 12 1 L3 . CITX OF SPOICANTE VA'LLEY:
A •
By:
City Clcrk (Titlc)
Approved as iU fpnn only:
~
Ac 'n City y
~
Pagc 10 of 9
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Bf1SF L-EVEL SERVICES
Spokane Cau.nty vvill providc street and lxaffic inaurtcnfuice services vvichu2 CITY luuits of
Spokane Valley at the ]evels ciescribed 'ui Section 1 of the Agreement, as follows (achial levcls of
service provideci b}= COUi~t'I'Y Nvill be those aciopted by CITY and COUiv TY in annual buciget
processes).Traffic aud strcet maintenance service levels as set by Cl°TY shall rzf.lect City policies
and may or may not be similar to County policies. CY7 Y shall be solely respansible for setting
service level. policies for all roadway featur.zs. COUNTY is merely a conlractor Fpr Pw-Poses of
implementaeion of City policy.
1. Street 'iMaintenance - The f.'cil_lo~ving are cYamples of street maintenance services providcd
by.COC1NTY. Aclual services Aill be in the magnitude, nature aiid macuier requested by
CiTY. .
1,1 Traveled Way/Rnadway Stirface: Patching, crack sealuig, prelevel, paveuient
replacement, gadiug, gravelling, sweeping aaid flushing. '
1.2 Shoulders: Restoration and repair.
1.3 Drauiage: Clcaning ciebris froin drauiabe pipes, catch basins, cirywells, culverts,
ditches, gut-ters, and curb and ;utter inlcts. Repairing ciamaDe fn'existi~ig drainage
facilities such as drainage pipcs, catch basins, drywells, culverts, ditches, guttcrs
and curb and gtjtter iulcts. -
1.4 NVuiter Maintcnance: Sa.ndi.ng, liquid dc-icing, snow remqval and chasing water
fiom roadway surface:s.
1.5 Roadside: Cutting ar irilnming bushcs or limbs bloGk.ing visibility.
, 2. Traffic Maintenance - The fol_lowing are exainples of traf.fic maintena.nce services
provided by COiJNTY. Actual seivices will be in the magnitude, nature and manner
requested by CITY. .
2.1 Sigii Maintenance: R,eplacing faded sign faces and broken posts, straighiening
leaniug posts, relpcating signs for visibility or pedestria.n safety, maintenance af -
vandalized signs or signs datnaged by vehicle accidents, uispection of; signs to ,
check for visibility or pedestrian safety, maintenance of vandalized signs or signs
. to check for rcflectivity, removal of sigus Nvhen appropr.iate.
2.2 Crosswalk Marking: Refurbish.ine, installiug new, and removal when appropriate.
~...~1
EX.H-01T i(F)
Page .l. of 2
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2.3 Stop 13ars Vfaz•king: Refurbisl.uug, i.nsialling new and removal when appropriatc.
2.4 Arrows/T egends MarkuiS: Refurbisviug, installing new and removing when
appropria.te. 2.5 Curb k'ai.nting: Maintenance of eurbuig, islands, and parking stalls.
2.6 Raised 1'avernent Markcrs: R.einoval and replacement of raisEd pavement marker.s
or rumble bars.
2.7 Striping: Painting linear road stripes on pavement, such as ceutcrlines, edge lines,
rac3ius and channelization, aucl removal of line, stripes ar synibols from thc
pavcment. 2.$ Street i.,ights: Replaceuient of ligtit bulbs in existing sireet lighls not maintained
by power companies, repair and replacement of street ]i lt heads, poles or wiring.
2.9 Utility Locating: T ocating undergroiuld traffic facilities for utilities ou:°Qther
digging operations.
210 Siguai Mainienancc: Replacuig and cleaning light systems for signal and flashel- •
displays and signs, installation and repair o:f velucle detector loops, checking and adjusl•in; signal ti.nuug, e:aami.u.uig traffic signal operation to assure it is operatiug
as intended, inspectiug barclware for wear or deficiencies, testi.ng and repair_ing of
. e(ectronic conta•ol dcvices atid components, repair or replacement of signal and
flashcr di$plays, suppocts or wiring esternal lv coutroller cabiuct; modification of
. coutroller cabuiets, testing of neNv and moclified cabinets asid c4ntrol devices,
traffic counter'testing and repair and preven.tative maintenance.
2.11 Plasher/Crosstival.k F'reveniative Maintenance: F-xamin.ing to assure equipment is
operatuig as intended and inspecting hardware for Nvear or deficiencies and repairuig components as required. -
Pagc 2 of 2
C~ . .
Dr.scRETTOYARv sExvICFs
Spokane County will provide the followi.ng road discretionary services within CITY limits of
Spokanc Valley afi the same level, degree aiid type as is customarily provideci by COUNITY in
• tlze unincozporated areas. Actual services provided will ve those requcsted by Cl'1`Y. Such
seivices evill bc in the inagniCude, nature and man.ner requested by CITY. CITX 'will set it,s own
service stanciards for all discretionary services. Discreti.onary services shall be requested by
Cl'1"Y as outlined itt Exhibit "3".
1. Provide street overlays, fog seals anci otlier roadway surface protection and
improvements.
2. . Dust di l Preparalion
3_ Sidewal.k and path uiaintenaiicc -
4. Guarcirail and right-of-way fencc maiutenanc,e
5. Curb Maintenauce 6. Median Maintenance 7. Roadside mo-wuig, tree clearing aud removal •
8. Wecd control ,
9. irri ;ation repair and rnaintcnance ,
10. Litter and dead animal p.ickup
11. Contour control 12. Weight restriction sign.iuig 13. Such ather specifc services as C1TY may direct, a.nd COUN'fY shal.l accept, to perform.
EXHIBIT "2" •
. . . .
DISC.RE"I'IUNARY SERVICL+` RE-)UEST P1tUCEDUR]1
l. Request far services is received or identified by CTTY.
2. C1TI' determines if it is a discretionaiy or basic szr.vice request. 1f it is a discretionary requcst,
CTI'Y liaison fills out a Request for Discretionary Road Maintenance Service Foi-in A(attached).
3- CITY Manage_r or ciesignee signs Fortn A unde.r the Aulhorization for R.equest of Discretionary
Service" section.
4. Form A is faxed to COUNTY liaisoti.
5. COUivTY liaison delegates thc request to the appropriate sectiou for investigation.
6. Following the investigation, the Form B section of the discrctionary requcst is filled in by, the
appropriate section representative (Form B includcs the recommended action, cost estimate, Nvqrk
order nuniber anci proposccl sclledulc-see attachccl).
7. COLNI YEngineer or designce reviews the request and signs if approved. 1'he sigried Fomi 13 is
fornmrded to Cl l"Y.
8. Tf tiie cost estimate.is ovcr $500, I'orm B is fa.Yed back to CITY liaison for an approval'signature by CITY Manager or designce to eYpcncl over that a.mount.
.9. On.ce'Form }3 has beeii couiplete.d and retumed to the appropriate section, the work is scheciuled.
10. Wlien,tlie work ha,s been'fuushed, a copy-o.Ftlie completed work order is mailed or faxeci to CTTY.
11. COLN'fY and Ciey liaisons rnaintain afile of completed Work Qrders and copies of the associated
discretionary scrvice requcsl Foim.
- EXF11BIT "P .
Pilae 1 Of 2
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CIT~.' Ol+ SPOKA1 VA~CjLEY
R.EQUESI AND A.PPROVEIL k'OR DISCRL ~'IOVARY
ROA.Ia v.tATNTEVANCE SERVICES '
FORM A
Rcqucst Nuniber: '
Nature of Request: Location:
:
Requester \TatnE: '
Telephonc:
Fwx:
Authorization of R.equest of Diseretionary Service: ~ ~ .
~ J City of Spokanc Valley Authorizeci Signa.turc Date
FORAZ B
17ate: . ProjecfJWork Order NuLntier:
Recommended Action:
CosC Eskuuzte: Pxoposed Schetiule: iAuthoriiatinn to Proceeri:
Spokane Coun.ty Engincer Uate (Printcd Name) City o:f Spakane Valley Authorized Signature (if cost is over $500.00) Date
~ J (Pri.nted l,~jarne)
Pape 2 of 2
Exhibit 4a . •
BUDGET FOR CITY OF SPOKANE VALLEY
May through December - 2003 ' ROAD MAINTENANCE ACTIVITIES
PROD SPO VAL 19% MGT, 5% AD1411N.
ACTIVITY NAME UNITS CONTRACT OVERHEAD OVERHEAD TOTAL CONiMENTS
2312 Dust Control Pre LF $ 8,100. S 1,539 S 405 $ 10,044 DISCRETIONARY
• 2320 Shoulder Re air S~~1 $ 2500 $ 475 $ = 125 $ 3,100
2322 Shoulder Maint. Grader SM S 32,000 $ 6,080 $ 1,60G
2330 GraveUQirt Rd Gradin ' ~ 39,680
g RM $ 15,Ofl0 S 2,850 $ 750 $ 18,600
2340 I'othole Patching Tons $ 155,000 S 29,450 s 7,750 $ 192,200
2343 PR&R' SY $ 280,000 $ 53,200 $ 14,000 S 347,200
2344 Crack Sealing LF $ 90,000. $ 97,100 $ 4,500 $ 11.1,600
2346 Blade Patch Hot Tons ~ 90,000 $ 17,106 $ 4,500 $ 111,600
2511 Btidge Ins ection HR $ 1,500 s 285 ~
2512 75 $ 1,860 DISCRETIONARY
Bridge Re air-Su ' LOC • $ 10,000 $ 1,900 $ 500
2513 8ridqe Repair-Sub $ 12,400
LOC $ 5,000 $ 950 250 $ 6,200
2610 Sidewalk Re air SY S 1-,500 $ 285 $ 75 $ 1,860 DISCRETIONARY
2611 ~ Curbs LF s 1,000 ~ 190 $ 50 1,240 DISCRETIONARY
2620 Paths LS $ 500 S 95 S 25 $ 620 DISCRETIONARY
2645 Guardrail Maint. • LF $ 10,000 $ 1,900 ~ 500 $ 12,400 DISCRETIONARY
' 2646 RNV Fencing HR $ 2,500 $ 475 $ 125 $ 3,100 DISCRETIONARY
2647 Median PAaint. HR S S,fl00 $ 960 $ 250 $ 6,200 QISCREI'IONARY
2661 Liquid Daicin GAL - $ 50,000 ~ 9,SOQ $ 2,590 $ 62,000
2662 Sanding ' CY $ 80,000 $ 15,200 $ 4,000 $ 99,200
2663 Snovr Remova!-Roadv~a MI $ 120,000 W226
000 $ 148,800
2670 Street Cleaning Pf~i S 225,060 250 S 279;000
2673 Swee ings Clean-u FiR $ 2,500 125 S 3,1002711 Rnadside Moti~rin RM $ ~0,000 500 $ 12,400 DISCRETIONARY
2~~~z arush ClearingfT'ree HR $ 25,000 254 $ 31,000 DISCRETIO~dARY
2713 Weed Control-Res MI $ 2Q,060 OQ0 g 24,800 DISCRETIOPlARY 2713A Weed Control-Res no s ra HR S S,OOQ 2b0 6,200 DISCRETIONARY
2714 Weed Control-Gen MI S 30,U00 ,,SOQ $ 37,200
2714A WQed Control-GEn no s ra DISCRETIONARY
t Y1 HR $ 5,000 S 950`' 250 $ 6,200 DISCRETIONARY
2720 Irrigation HR $ 5,000 $ 950 250 $ 6,200 DISCRETIONARY
2750 Litter Pickup HR $ 2,Oa0 $ 380 $ 100 $ 2,480 DISCRETIONARY
2750D- Li#ter Pickup Deer EtH EAS 2,000 $ 386 $ 1Q0 $ 2,480 DISCRETIONARY
2753 Litter Contral R $ 1,000 ~ 190 $ $0 $ 1,240 DISCRETIONARY
. 1.01 4.
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- ExhiiLoAa .
; ,
BUDGET FOR CITY Qa:._, ~ppKqNE VALLEY •~May through December - 2003 .
ROAD MAINTENANCE ACTIVITIES - PROD SPO VAL 19% iUGT. 5% ADMIN. -
ACTIVITY NAME UNITS CONTR.ACT OVERHEAD OVERHEAD TOTAL
COP/IMENTS
2760 Contour Control HR 5 1,000 $ 190 $ SU $ 1,240 DISCRETIONARY
2762 Contour Control-RPN HR $ 3,000 $ 570 S 150 $ 3,720 DISCRETIONlaRY
9710 i] well Re air EA $ 15,500 S 2 945 $ 775 S 19,220
9720 Dr vell Cleanavt EA $ 51,000 $ 9,69a $ 2,550 $ 63,240
9730 Culvert Re air LF S 5,000 $ 950 $ 250 $ 6,200
9740 Culvert Cleanout EA $ 2,500. $ 475 S • 125 $ 3,100
8742 Svrale Maintenance FER $ 3,000 $ 570 s 150 S 3,720
9747 • Curb; Gut#er, & Inlet'Re air HR $ 7,000 S 1,330 $ 350 $ 8,680
9750 Chasin Water HR s 2,000 380 $ 10a $ 2,480
9751 InvesUgation . HR $ 5,aao $ 950 s 250 $ 6,200
TOTALS FOR ROAD MAINTEfVANCE qCTIVITIES: $ 1,387,100 $ 263,549 s 69,355 $1,720;004
, TRAFFIC' MAINTENANCE ACTIVITIES
2641 TIViS,Si n Maintenance HR S 41,000 $ 7,790 $ 2,050 $ 50,840
2642 TMS,Si nal Maintenance HR $ 132,000 $ 25,080 S 6,600 $ 163,680 2643 TMS,Striping RM $ 85,000 S 16,150 $ 4,250 $ 105,400
2644 • TMS,Crossvralks & fvles s HR $ 32,000 S 6,080 $ 1,600 $ 39,680
2649 Weight Restriction Signing MR S 1,500 $ 285 $ 75 $ 1,860 DISCRETIONARY
2653 Striping-Prep & Cleanup NR $ soa $ 95 $ 25 $ 620
TOTALS FOR TRAFFIC MAINTENANCE ACTIVITIES: $ -292,ao0 $ 55,480 $ 14,600 $ 362,080-
GRANDTOTAL: $2,082,084 . ' •
2of2 '
Exhibit 4a . • 'BUDGET FOR CITY OF SPOKANE VALLEY
2004 , - .
ROAD MAINTENANCE ACTIVITIES • .
PROD SPO VAL 19% MGT. 5°/a ADMIN. ,
AC7IVITY fdAiJIE UNITS CONTRACT OVERHEAD OVERHEAD TOTAL COMMENTS
2312 Dust Control Prep LF $ 8,300 S 1,577 $ 415 $ 10,292 DISCRETIOtJARY
2320 Shoulder Repair ShA $ 27,000 S 5,130 $ 1,350 $ 33,480
2322 Shoulder Naint. Grader ShA 38,800 $ 7,372 $ 9,940 $ -48,112 2330 Gravel/Dirt Rd Grading RNi $ 15,300. S 2,807 $ 765 $ 18,972 2340 Pofhole•Patchiny Tons s 158,100 s 30,039 $ 7,905 $ 186,044 2340W Winter Pofhole Patch Tons $ 20,460 $ 3,876 $ 9,020 $ 25,296
2343 PR&R SY $ 285,600 S 54,264 $ 14,260 $ 354,144 .
2344 Grack Sealing LF S 122,400 S '23,255 $ 8,120 $ 151,776
2346 Blacle Patch Hoi Tons s 91,800 S 17,442 s 4,590 $ •113,832
2351 Gravel/Dirt Rd Ti emp CY $ 1*1000 S 190 $ 50 $ 1,240 '
2413 Light Ditch Cleaning DM $ 1,000 s 190 $ 50 $ 1,240.
2511 Brid e Inspectian HR $ 1,506 $ 285 $ 75 $ 1,860 DISCftETIONARY
2512 Bridge Repair-Sup LOC 10,266 $ 1,938 $ 510 $ 12,648
2513 Bridge Repair-Sub LOC $ ' 5;100 $ '969 . $ 255 $ 6,324
2610 Sidewalk Re air ' SY 1,500 $ 285 $ 75 $ 1,860 DISCRE-TIONARY
2611 Curbs LF $ • 1,000 s 190 $ 50 $ 1,240 DISCRETIONARY
2620 Paths LS $ 500 s 95 $ 25 $ 620 DISCRETIONARY
2645 Guardmil M3inE, LF 12,200 2,318 $ 610 $ 15,128 DISCRLTIONARY
2646 RPN Fencing HR $ 2,600 S 494 $ 130 $ 3,224 DISCRETIONARY
2647 Median Maint. HR $ 5,100 s 969 $ 255 $ 6,324 DISCRETIONARY
2661 Li uici Deicing GAL $ 153,000 S 29,070 $ 7,650 $ 189,720 '
2662 • Sanding CY S 234,600 $ 44,574 $ 11,730 $ 290,904
• 2663 Snow Rernoval-Roadwa A41 224,400' $ 42,636 ? 11,220 $ 278,256
2664 Snow Removal Sidewalks HR $ 5,100 $ 969 s 255 $ 6,324
2670 Street Cleanin PM $ 382,500 $ 72,675 S 19,125 $ 474,300
2671 VIlinter Swee ing ' RM $ 51,600 $ 9,600 S 2,550 $ 63,240
2673 Swee ings Clean-up HR $ 4,100 $ 779 S 205 $ 5,084
2711 Roadside Movring RMt $ 10,260 $ 1,938 $ 510 $ 12,648 DISCRETIONaRY
2712 13rush ClezringlTree HR S 35,700 $ 61783 S 1,785 $ 44,268 DISCRE'CIONARY
2713 Weed Control-Ras A41 $ 20,400 $ 3,876 S 1,020 $ 25,296 DISCRETIONARY
2713A Weed Control-Res(no s ray) HR $ 5,100 $ 969 S 255 $ 6,324 DISCRETIONARY
2714 Weed Control-Gen MI $ 30,600 $ 5,814 $ 1,530 $ 37,944 DISCRETIONARY
;
Exhit~ ~a BUDGET' FOR CITY. 0~ ~POKANE VALLEY
2004 -
ROAD MAINTENANCE ACTIVITIES
. PROD 5pO VAL 19% MGT. 5% ADMIN.
! ACTIVITY . NAME UNITS CON7RACT OVERHEAD • OVERHEAD TOTAL COMiu{ENTS
2714A Weed Control-Gen no sora HR $ 5,100 S 989 $ 255 $ 6,324 DISCRETIONARY
2720 Irrigation HR $ 7,100 $ 1,349 $ 355 $ 8,804 DISCRE71oNARY
2750 Litter Pfaku ~ HR $ 4,100 $ 779 $ 205 $ 5,084 OISCRETIONARY ~
2750D Litter Picku Deer EA ' $ 2,fl00 $ 390 S' 100 $ 2,480 OISCRETIONARY
2753 Litter Control HR $1,000 $ 190 S 50 $ 1,240 DISCRETIONARY
2760 Contour Control HR S 1,400 $ • 190 s SO $ -1,240 DISCRETIONARY
2762 Contour Control-RNJ HR S 3,100 $ 589 s 155 $ 3,844 DISCRETIONARY
9710 D vell Re air EA $ 15,800 $ 3,002 790 g 19,592
9720 Drytivell Cleanout EA $ 62,206 S 11,818 $ 3,110 $ 77,128
9730 Culvert Re air LF $ 5,100 s 869 $ 255 5 6,324
9740 Culvert Cleanout EA $ 3,100 s 589 $ 155 $ 3,844
9742- Stivale Nlaintenance• HR 3,100 S 589 $ 155 $ 3,844
9747 Curb, Gutter, &•Inlet Ra air HR $ 7,100 $ 1,349 $ 355 $ 8,804
9750 Chasing Water HR $ 3,100 $ 569 S 155 $ 3,844
9751 Investigation - HR ' S 7,100 $ 1,349 $ 355 $ 8,804 TOTALS-FOR ROAD MAINTENANCEACTIVITIES:. g 2,096,100 $ 398,259 S- 104,805 '$2,599,164
TRAFFIC MAINTENANCE ACTfVITIES
2641 7MS,Sign Maintenance HR $ 69,400 -5 13,186 $ 3,470 $ 86,056
2842 TMS,Signal Maintenance HR $ 224,400 S 42,636 $ 11,220 $ 278,256
2643 TNS,Stripin RM $ 86,700 S 16,473• $ 4,335 $ 107,508 •
. 2644 TNrS,Crosswalks 8 Mesgs HR $ 32,600 $ 6,194 $ 1,630 $ 40,424
2649 Weight Restriction Signing HR $ 1,500 $ 285 $ 75 $ 1,860 DISCRE7IONARY
TOTALS FOR TRAFFIC NiAINTENANCE ACTIVITIES: $ 414,600 5- 78,774 $ 20,730 $ 514,104 GRAND TOTAL: $3,113,268
2of2
' - Exhibit 4b . .
. Spokane County Maintenance
Labor and Equipment Rates
ROAD MAINTENANCE MAINTENANCE WORKERS MONTHLY HOURLY -DS . 1.5 X 2.5 X EQUIPiVIENT CHARGES HOURLY
TITLE CLASS RATE (a) RATE RATi E(b) RATE (c) RATE (d) TYPE
Extra Help (5 month osition 2231X 1560 9.71 n/a CLASS RATE
Seasonal Hel (~J month.position) 2251g ~4.56 2427 Dum Truck TCLSD $33,00
3605 20,8 n/a 22.95 37.77 1Nazer Truck. TCLSW
Roacf Mainf.' S ecialist I 2251 4109 23,71 24.31 $40,00 .
Road MainE. S ecialist II 25•9 .42•69 Oil Distrioutor ASPHT $56.75
2261 4395 25.36 25796 27.67 45.64 ~Vlotor Grader GRADE
Road Maint. Specialist III 2271 4586 26.46 27.06 28,84 47.6 8ackhoe $32.00
BACKH
. Road h.4aint. Specialist IV 2281 4787 27,62 28_22 30,0849.66 Asphal# Paver P
AVER $21.00
$50, 00
MAINTENANCE SUPERVISIOP! Wheel Loader LOADE $26.00
MONTHLY HOUftLY DS SOT 2 X Srveeper S+J~/EEP
TITLE CLASS RATE (a) RATE RATE (b) RATE (e) RATE (f~ Broom $40.00
Road MaintEnance Foreman I BROOM $50.00
2208 5799 33.46 n/a 24.45 48.19 Sander SANDE
Road Niaint./Utilit Inspector 2208 5789 33.46 Na $64.50
24,45 9a•~9 Roller ROLLS $50.00
Road iAaint. Su ervisor II 2210 6.732 38.84 n/a 28.29 55,87 Truck 8, Plo+ri p~p~r
Road Main4. Superintendent 2222 745Q 40.67 nla ~~3'Q~
29:7 n/a Truck & Pup TCLSD $43,00
ADMINISTRATION & MANAGEMENT fVi0N7HLY HOURLY DS SOT 2 x Vactor TCI_8V $60.00
TITLE CLASS 'RATE (a) RATE RATi E(b) RATE (e) RATE (o
7raining Foreman 2211 6094 35.16 nla 25.67 n/a
Material Resource iVianager ~ _2219 9094 35.16 Na
Sotrmwiater Pra ram Res. 25.67 n~a
9 2128 6566 ' 37.88 n/a 27.61 n!a
. Operations Manager 2369 • 6233 35.96 n/a
Adrnfnistrative S ecialist II 26.3 ' nLa •
P 10.12 3892 22.45 ' n/a . 24.59 nJa
(a) 7he "Monthly Rate" is the loaded labor rate permonEh for the class of employee at an avecage step placement, including benesits and L&I expenses
(b) The Differential Shift (DS) rate is the hourly labor charge for those workers assigned to evening shiRs (swing and gravaeyard)
(c) 7he 1.5 X rate is the overtime labor charge pec hour worked over standard vrorking hours.
(d) 7he 2.5 X rate is the overtime labor charge per hour wor#ced for working stand3rd holidays, . ~(e) AAaintenance Supervision, Admirtiistration and Management are paid 5traight dvertime (SOT), and not the 1.5 rate of the maintenance tiworkers.
(f) The SOT rate is also appleid fo recognized holiday pay resulting in 2 X, not 2;5 X allowed for maintenance workers.
Note 1: C311-ouf oker normal working hours is charged a minimum 4 hours straight time, or at tfie 1.5 X overtime rate for maintenance tivorkers only.
Note 2: All rates are based on tlte most current labor contracf- (as of 1/3 1/2003)
Note 3: Spokane County reserves the right to utilize any qualified.worker forthe City of Spokane Valley contracted work. Page
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I ~ p • I ~ •I • , •
Exhipit 4b
Spokane County Maintenance
Labor and Equipment Rates •
TRAFFIC CONTROL MAINTENANCE
MAINTENANCE WORKERS . MONTHLY HOURLY. STAPlDBY 1.5 X 2.5 X EQUIPPAENT CHARGES HOURLY
TITLE CLASS Rq'I'E {a} RATE F2ATE Extra Hel 5 month osition (9)`" RATE (c) RATE (d) TYPE CLASS RATE
p(P ) 2231X $1,560 $9.71 n1a $14.56 S24,27 1,5 Ton Truck TCLM4
7raffic Si nal 7echnician II 2311 S5,529 $31.90 footnote . $12'00 ~
Taffic Signal Technician II) (9} $33.88 $45.17 8ucke~ Truck TC~36 $7.50
2312 $6,107 $3523 footnote $37.44 $49.91 Class 4 Truck TCLS4
Chief Trafflc Si_ nal 7echnician 2313 $6,580 $37,96 •footnote $1112'00 Traific Sign Technician I (9) $40.35 $53.80 Heavy Use Truck TCL6L S7.50
2242 $4,079 $23.53 n/a S25.11 $33.47 112 Ton Truck PU1/2
Traffic Si n 7echnician II 2265 $4,621• $26.66 n/a $6.00
Traffc Sign Technician III $28.45 537.93 Com act 4X4 P4X4C $4,30
2274 . 551006 $28.88 n!a $36.60 $40.88 Mini Van VAN~VIC
Traffic Sign Technician IV 2287 $5,393 $31.12 n/a $4.00
$33.04 $44.06 Midsize Seclan CARh4D $3.25
Chief Traffic Siqn Technician 2283 $6,419 $37-03 n/a $39.35 $52.47 Sfriper Truck PTRKC $44.75
ADMINISTRA710N 8, MANAGEME~lT MONTHLY FiOURLY , STANDBY SOT 2 X
TITLE ' CLASS. RATE (a) RATE RATE (g) RATE (e) RATE (f)
Engineer III 2335 •$7,451 $42.99 n!a
$30.48 n/a
(a) The "Monthly Rate" is the loaded labor rate per month for the class of omployee at an average step placement, including benefits and L81 expenses
(b) The On-call rate is the hourly labor charge for those workers assigned to evenirig shifts (swing and gravaeyard) (c) The 1.5 X rate is the'overtinie labar charge per hourtivorked over standard warking hours.
. (d) The 2.5 X rate Is the overtime labor charge per hour worked for rvorking standarcf holidays.
(o) Aclministration and Nianagement are paid Straight Overtime,(SOT), and not the 9,5 rate of the maintenance workers.
(q The SOT rate is also applid to recognized holiday pay resulting in 2 X, not 2.5X allowed for maintenance workers, - (g)"*Standby rates are used for signal emergencies:
Weekday evenings, 4 p.m. to 7a.m., are paid at $0.70 per hour
Weekends, running from 4 p.m. Fridayto 7 a.m Monday, $2:00 per hour
Standard Holidays, beginning 12:09 a.m, on any standard holiday for 24 hours ending at midnight on the calendar holiday; 53.00 per hour.
Nnte 'i: Call-out ofter normal warking hours is charged a* minimum 4 hours straight time, or at the 1.5 X overtime raEe for• maintenance vrorkers only, 1
Note 2: All rates are based. an the mast current labor contract (as. of 1l3112003) '
Note 3: Spokane County reserves the righ# ta utilize any qualffied vaorker for the City of Spokane Valley contracted rvork.
. Page 2 of 2
. . .
NOTE TO RECORD
Un the4W~4% , day of 2003, the Board of County Com:naissioncrs (`Board") audlorized
execution of a document cntitled "TNTERTACAL AGRF-EM:Eiy"I' BETWEEN SPOZCANF_
' COUNT'Y' AND CITY OF SPOKAA,sYE VALLE'Y ItEGARDING PROVTSION OF ROAU
: MATN'I`ENANCE SER'vrICES (April 1, 2003 - Decennber 31, 2004) ("Agceement")." That
. document wa,s subsequently fonwarded to the City of Spokane Valley ("City") f.or executiori. The City addeci 1anguage to ttie Agrc;c:menl• lorwar.ded to thcm Por execuaon. The City then -forwar.ded
: their sio ed ynodified Agrezment to the County. 'I'he Spokanc County Engineer arid Spokane .
. County Prosecuting Attoniey's Office did not a,gree with the additional language inserted into thc
. Agreeinent by the City. * \Tegotiations subsequently took place between the City and the County
wberein the following language was aclded to Section No. 3 af the Agteement in placc of the added
, tanpage, That ]anguage provided as follows:
, .
, rf the CITY belreves ariy completed service does not meet the standards set furth in .
Section No. 4, the CITY sha.ll Provide written notic;e to the Couuty Engineer
("claim"). The clairn shall seC forUi the lacatiun af the service performed and the
basis for believing thst it doe5 nut meet the standarcLs set f.orth in Seckion Na. 4.
Upon rcceipt of the claim, the County Engineer may cure the dc6ciency or within ,
fve (S) business daps of receipt of the ctaim request a meeting with the City
• 1Vlanager (ox designee) to resolve the claim. The request for a meeting shall be in
writins directed to the City 11-ianager. Upon receipt of the request for a meeti.ng, the City iV.anager (nr designce) and County Engineer (or designee) shall meet in good
. faith and exercise best efforts to resol~e the claim. IP agreement is reached between
' the Pnrties and the County at'Fects a clire, the CZ1'X shali make paytneot Cnc the
service as set fnrth in Section 3. I'he CI7`Y may withhold payment during the .
pendancy of the claim. The City shall not pay additional costs or iriterest on the
; amount due if the rea.son for the cure is to acfueve standards set forth in Section No. '
4.
, ,If the PFirties are unable to reach agreenient on the claim either Party may request
~ binding arbitration. Thc arbitrator shall bc sclected by mutual agreement nf the
. Parties. The arbitrator-sha[1 not be an empluyee ar caf.t.ecial of the CT1"Y or COUl~'TY
' and shal.l have expertise in the matters set forth in the claim. ~.'he Parties shall
. equally split the cUSt of arbitraaon. If the arbitrator denies the clauu of the CITY in
whole or part and the CIT'Y has "opted not to pay the C'OUNTY during the
pendancy of the claim, the CI'l'X shall be re.sponsible for any lost interest to the '
. COUNTY on the ciaim or pqrtion of the claim had the CTTY paid for the serr•ices
when billr;d by the CCIUNTY. Xnterest shall be based on the amoimt earned ff
; deposited in the Spokane Caunty Treasurer's Investment Pvul.
. - ~
,
, . 'r r~ i'~
•
The CiEy subsequenlly agreed [o Che ab4ve language and executed sn AD eemcni as originally
. drafced by the County with the new ]anguage.
: -.T egal counsel advised tliat the Aoard could execute the revisecl Agreement under the old
Resolu[ion number so long as th.is \'ote to Record was included in the file.
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CITY OF SPOKANE VALLEY
~Request for Council Action
Meeting Date: August 16, 2005 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information M admin. report ❑ pending legislation
AGENDA ITEM TITLE : PROPOSED STORMWATER REGULATIONS
GOVERNING LEGISLATION: City Ordinance 03-031 Establishment of Storm Drainage &
Surface Water Mgmt Utility, City Ordinance 03-032 Adopting by Reference, Spokane Co
Guidelines for Stormwater Mgmt as Interim Guidelines, City Ordinance 05-013 Stormwater
Management Regulations
PREVIOUS COUNCIL ACTION TAKEN: Council Meetings on January 20, 2004, February 24,
2004, August 24, 2004, February 15, 2005, February 22, 2005, and March 8, 2005
BACKGROUND: The administrative report provides an update on the stormwater activities that have occuRed in ,
~ the first half of 2005. Staff will discuss the Regional Stormwater Manual and its impact on
development within the City. The review and adoption process of the document will also be
discussed. The report will conclude with a brief summary of the pending 2005 work items.
RECOMMENDED ACTION OR MOTION: None
BUDGET/FINANCIAL IMPACTS: None
STAFF CONTACT: John Hohman, P.E. ATTACHMENTS PowerPoint, Stormwater Memo to City Council 8-02-05
S#6k~an~e~~ ,;OoOValley -
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org
Memorandum
To: City Council
From:. Neil Kersten, Public Works Director
Date: August 1, 2005
Re: Regional Stormwater Guidelines
Previous Council Action Taken: Council Meetings 1120/04, 4/27/04, & 8124/04
NYhen the Cit}, of Spn}:ane Valley (City) incorparated; the City adopted the Spokane County
Stormwater Guideluies for Stor.mwater. Managenlent (SGSNI) by City Ordinance 03-032 as interi.m
guidclincs. I'hc SGSM was first adopted in 1980 by Spokane County, and the last update was dnne in 1998. The SGSM is in grcat nced of updates and revisions. Kcvisions to the SGSM had
been on hnld since 2001 beeause Washington Department of Ecology (Ecology) was in the process
of drafting a Stonnwa[er Manual Por E•astern Washington.
In September 2004, Fcology finalireti the Sforniwater Management Manual for Eastern '
Washington (SNfMEW). i(PDES Phase II peniutted conununities are reyuired to have a
stormwater manual that is technical equivalent to the 5NUMLW. Ciirrently, the Ciry of Spokane
Valley is not a permitted communify.
As of result of City Cou.ucil directing staff to r.eview design options for storuiwater treatment
facilities (January 20,2004), the Cit}' contracted "i"etra "1"ecli/ICCIvl; lnc. (Consultauit) to evaluate the
stormwater creatmenc methods presented in the SIMNiE`V and recommencl awater quality
treatrnent methocl to the City. The Cousultant recotruuended the contuiued use of bio-intiltration swales but using the Hydrograpli vTethod; a revised desigii approach froin the SMMLW. °1`he
Proposeci method yields swalcs that arc 40"/a smaller. The Consultants rccouunendatioiLS wcre
presented tq City Cauncil on August 24, 2004. 1'his mcthod was adoptcd for usc within the City
by Ordinance 05-013.
The CiCy of Spokane Valley, the City of Spokane and Spokane County started working together to
revise the SGSM in 2004. The uitent is to have one manual for the Spokane region, update the
SGSVI wilh the latest techniques and methods, and have a technical equivalent manual to the
SfUMLW called the Spokane Regional StonnwaCer Manual (SRSN.). The new treatment method
(recommendecl to the City by the Consultants) is onc of the trcatmcnt options of the new manual.
The ciraft regional manual is rcady to go for public review approximatcly a year aftcr the effor[ was
initiated. The SRSVf is currenlly noted on our home page and is available nnline for viewing at
httn:/hvNWw.s»akanevallev.org//uploads/Public Works/laocuments/2005drattspok.aiierec,ionalstroni ~
watermanual.pclf
~ The three juiisdictions are soliciting comments rroni Fcolo;y, thc design C.OmmuniYy, citizen
groups, associations; and thc public. Public review is scheduled to cnd on Sepcember 21, 2005.
The tlirec jurisdictions are planning to hold two or ttuee workshops within ehe comment period.
Aftcr incorparating the public couunents and obtaining cieternlination of equivalency from
E•cology, each jurisdiction is plaiuuiig to present the propased inauual to ttie_ir planning
comrnission and city council or board of commissioners. `Ve are plan.ning to present the manual
to planning comniission tentatively on Novetnbcr 3& 17; and December ls`, 2005. In addition,
wc are planning to present the inariual to City Council on Nlovember ] S`, December 15", 2005 &
January 10`h, 2006. 1fie proposed schediilc inay be dela,yed ciepending on the e.etent of cociuncnts received by the public and Lcology's ability to review the nianual within our proposed schcdule.
. ~
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2005 Stormwater Program
Update
John Hohman, P.E.
Senior Engineer
August 16, 2005
Stormwater Utility:
Background Information
Stormwater utility established to develop and
maintain storm drainage systems, which
protect the aquifer
City currently charges $17 annual fee per
ERU; generates approx. $1.3 million
- City Council approved a six-year stormwater
utility plan, targeting necessary maintenance
and prevention activities
2005 Stormwater Program Update 2
Reasons for Enhanced Program
City must compIY with State and Federal
stormwater requirements related to the Safe
Drinking Water Act and the Clean Water Act
Enhance existing stormwater infrastructure to
correct existing deficiencies
~
2005 Siormwater Program Update 3
The Six-Year Plan allows the City to:
Address current failures
Become proactive in avoiding future failures
Provide needed improvements
This is being done by:
Increased monitoring/inspections
Cleaning and maintenance schedule for drywells to
- prevent flooding
Replacement of failed drywells
Solutions for known problem areas
2005 StormwaEer Program Updaie d
Examples of Increased Drywell
Maintenance
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2005 Stomiwater Program Updaie 5
Examples of Problem Area Repairs
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. .~t ~j3 d~~'~1° }t{Y.•j , ~~'.dt`,'~.-f S ,~j~`,~~~~r ~ ~~~N.\ ~ •...t . _
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2005 Stormwatflr Program Update 6
2005 Stormwater Work Plan Status
Finalized stormwater ordinance
Continued involvement with Ecology's UIC revisions
Managing consultant Utility Assessment Study
Completed Draft Regional Standards with Spokane
and Spokane County
Remedied 7 drainage problem areas
'Cleaned all drywells associated with our initial list of
_ 43 problem areas
Cleaned 860 drainage structures to date along
principal arterials
2005 Stormwater Program Update 7
Pending 2005 Work Items
Manage Swale Soil Study
Finalize Utility Assessment Study
Begin review and adoption process for Regional Manual
Perform tax roll update
Prepare and advertise landscape/weed control bid request
Finalize and advertise street sweeping bid request
Identify capital needs and develop six-year construction
plan
Propose multi-year rate model incorporating operating and
- capital needs for 2006 and beyond. This may result in a
recommendation to match the County 2006 rate of
$20/ERU
Continue development of GIS inventory
2005 Stormwater Program Update 8
Questions
:
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2005 5tumtiwater Program Update 9
~~OKANE VALLEY
Reqtl~~~ for COLII'icll Act1on
Meeting Date: At~gust 16, 2005
Item: Check aIl that applyt: [I can~ent F_] ord business E] new business [I pllE?faG he3f1Rg
M Iratoernation 0 atimNn, raprset 0 Pend[ng IegrsEalion
AGENDA 13EM TITLF; I~dministratirre Repor#: Planned Urr[t Deveiopmsnts (PUDs)
COVFRNING LEGMSLATIC]IV: FtC1N 36,70, Spokarre Valf~y Ort1inance 03-53
PREVIOUS COUNCfL AC'fION T+4KEh1: Gity Ccruncil ad'vpted regulations rela#ing the
Plartned Urrit Devel+~~ments (PL.RDs) by Ordinanr-se
No. 04-046 on November 9, 2004,
BACK~ROUND:
P1anned Unit Development (P1JDs) are int~~ded #o provide flexibility in site design and
incentives, in order io a1low for unique and Innouative development which eould not occur under
askrict interpretation of the zoning regu€afrons_ Typically the PUD shoujd be used to prvvide
diversi:ty in houslng crfitoices for cluster housing, townhause, zefo lot atne and multi-family
+~~veCopment, ofterl in comb6natlon 'yvtkh compatEble cOmmerCial USeS. PUE}S Sho141d I1o# l3e USecI
to circurnvenY IegosIatEvely approved minirryum s#andards in conventfvnal sirigle fami9y
subdivisions without provading tangible benef~t #o the mmmunity khrough design and the
provision of appropriate apen space.
To dake, the PiJD ordinance has kreen used exclusively for slngle farriJly detached housing
developrraerrts.
OPTlON5:
RECOMMENQED ACTi(7N OR MOTION:
BUD+GFTfF1NANCIAL IMPACFS: h1one.
STAFF CON'fACT: Marirra Sukup, AICP, Communfty Development C]erector
ATTA,CH MEN TS :
Presentation
Sp6l&ne
,;Oowley
_ - _ - t. 7 -
I
Planned] Unit.: Dev*-
~ JaJ
Community Development Department
~ . .
Concept
• Traditional "Euclidean" zoning separates uses,
designating minimum uniform standards for development
within zoning districts
* Standardization often works against innovation in design
and land management techniques
f~ GMA encourages "innovative land use management
techniques, including but not limited ta density bonuses,
cluster housing, planned unit developments and the
transfer of development rights" RCW 36.70A.074(5)
;
Concept
o Implementation requires flexibility with emphasis on
site design and some discretion in design approvals
c Intended to engender community support and to
protect the character of existing adjacent
' development
Preserve unique or environmentally sensitive areas
within the site
' Applicable to commercial, industrial, mixed use and
residential projects
Current Ordinance
. Purpose
m
Iu~■ ar-
1. Encourage innovative design
and the creation of permanent : El rr
open space. ~
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2. Preserve and enhance
~a~► y~ , ~ ;
special site features.
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4. Facilitate the development of mixed-use projects.
5. Encourage the development of street, pedestrian and bicycle paths
that contribute to a systern of fully connected routes.
6. Facilitate the economical and adequate provision of public services.
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7. Provide for diverse & -
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convenient recreational
opportunities.
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8. Provide a variety of
environments for living,
.
working, and recreation.
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Current Ordinance
• Structured as an overlay zone, controlled by underlying
zoning designation
* Requirements for street design & construction to public
street standards has eliminated MANY problems
* Open space location better since may not be located in
required drainage swales but still w/o improvements
_ Underlying dimensional requirements may limit flexibility
and final results
Development Stand~ards
UR-3.5m" uR 7 ox" tkt ,2 M" uR 22 1'X
Rasidentiai
Single Single Muiti- Single Multt- Single Muni- PUDs cmn
FaN ex Femi fami Fami fami Fami ex fami
Ld ArealDwelling
Uht 10,000 20,000 6,000 11,000 15,000 4.200 5,000 6,000 1,600 3,200 6,000 1,600
Lol FmqM 80 80 65 90 100 50 50 60 20 40 60 30
, Lat Depth 80 80 100 80 80 100 50
' Front Yard Setbadc
E 15o 159 15rn 15o 15Q' 15o 1e 1e 150 1 S'm 15~1
c ~~ra4~ Se#badc 20 2e 2e 20P 2e 2e 2oP 2op' I 2o°1 2e 2e 20"
~ Rear Ywd Setbadc
J4kaA 20 20 20 20 15 20 20 15 20 20 15 15
Side Yard Setbadc
Rx" 5 5 5 5 5 5 5 5 5 6 5 S
Side Yard Setbadc
(llanki
29 Sttee#)"4 15`~ 1S1:1 15n 15O 15p 15o 15F 1~ 15M 10
. Ope, Sp3w 1~~
~
i3~ --9. 7 7 ~ 7 12 42 12 ?Z 22 Z:one+ Boru,s
•y • Y d' "NOW. .I Yuw. %0-^ gw% 60.0IV . li.ou/. fn.\/ W.()% W.0% 65 0% Q/.V IJ
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zom
As appl"l'edi.......
• Limited to single family detached residential
• "Bonus density" never requested
• Has not accomplished stated purposes
- • ~ .-s•:F . r
1
~ ~ ( I MM 'Ap et. '3AJb tf 7ul[
~ ~o..,~ ~ (
"OLD" PUD: Manos Valley Estates
~
- -
I`- - - - ` - - - - - - - - - - ! - - - = - - - .
Fourth Avenue . _ " _ ~
♦ ~ , 4•il.a♦
V, 110M.400wi '•L:• 1'.~4
, - _ _
~ T71w IM C^ 't''fNCl 4w~_. ~W•.
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11
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T. tm Public
Pond
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( w.? toaT r1 ►u D)
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All private streets
No connection to , ~ , / ~ , ~ ~ • S • , ~ , ~
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Terrain flat
~ . ' n t t 40 r--r-
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- 14
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ri
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.
LD PUD. G . `i ~~"r ~ ~ 6
3 i 3 • - te Fl~ora Springs
r~ ~ :7 ~
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39~n~
w~.~ ♦ ,+,.'~t_ .~7y; ~~~t/I I~ . . . ~ .~".i~ r. .x ~ 'Y~ ' - r~~w~~
9 .
- - c - Mission Avenue - - i - -
; r ~ ,~J ~ / ~ ,l _ ~`i
Old PUD: - ~ _ ,
2 Y
/ r-
I~ Y 7 3~
Pine Rock d~~e-
~
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3 ~ !s •
Open Space
,
Drainage Swales_
~
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-
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OLD PUD: Park Place
I►~ ~ . I •~~I':.~ . - ~ 1..~~ • ~ ~
' , I I ~ ~ , ` i I ~ I ~ ] (...~1 ✓ ^ • I ar~ww~~r~r I
c . . . . . . r~-
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New PUD Proposals
.
,
► ~ ~ ~
( , . ~an -sar ar -~csr
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34
i1rleadows
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~outh T'e~rrace i.r~~'~ 1 ~ r ; _ _
;~o-k r_ ~ 73 1~ L` fi.t! 7'X 'ti~
~ i - ~ 90 (
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ct !u .,ir, n.i.. ' .tl~~~~~.- 1 'I~t~, i /J' - f•
. .j.;,lrj~.~ '•~J• 1'l f-_ • ~ ~ ~ ~ ~ ~ r~
I~`'1. 1~I.~ ~ ~ .~~~'~;G•;~'-~7{1--'1~'_~.~ ~~'~`_i~f;~, ` . ,~~,I -
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Flat terrain
Future connection to west
thAvenue - ;rH-~~~~s:`----_-----
4
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Options for Consideration
• Are the existing zoning standards appropriate?
• Could standards for PUDs concerning lot size/width be scrapped?
• Establish a minimum size for a PUD?
o Expand the language to more clearly be applicable to mixed use
and commercial development?
* Decouple the underlying zoning from the PUD provided the
proposed development is not inconsistent with the Comp Plan?
Define terms such as "cluster housing" and "townhouse" which don't
fit the current uniform minima and make special provision for them?
Should development such as cluster housing and townhouse even
require a PUD?
Other options?
r+ ~ -~c 1~~ ~ I
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~
CITY OF SPOKANE VALLEY
Request for Council Action
Meettng Date: August 16, 2005 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ pubiic hearing
❑ informatian x admin. report ❑ pending leglslation
AGENDA ITEM TITLE : Governance Manuai Committee Report
GOVERNtNG LEGISLATION: Spokane Vailey City Resolution 03-028 adopted 5-13-2003;
revised by Spokane Valiey C(ty Resolution 04013 adopted 05-25-2004
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
Members of tfie committee met several times to discuss proposed changes to the Govemance
Manual. Highiights of those changes are as shown on the attached exc8rpted pages.
OPTIONS:
• Accept proposed changes and direct staff to schedule the matter (or an upcoming
agenda item as a resolution amending the curcent Govemance Manuaf
• Modify proposed changes and direct staff to schedule the matter for an upcoming
agenda item as a resoludon amending the current Govemance Manual
• Schedule the matter for further council discussion
• Take other action as deemed appropriate.
RECOMMENDEO ACTION OR MOTION: Accept proposed chaRges and direct staH to
schedule the matter for an upcoming Consent agenda item as a resolution amending the cunent
Govemance Manual
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Dave Mercier
ATTACHMENTS
Excerpted Govemance Manual pages showing proposed changes
Current Govemance Manual
GOVCRNANCE COORUINATION NANUAL CONSIDER.aTIONS:
[Ph.-ase note that once all changes havc heen accepted, the articles will hr re-numbered 1.05, 1.06. 1.07,
ctc. rather thtin 1.5, 1.6 1.71
ARTICLF I - COLJNCTI. NIEETINGS
1.5 Attendance, Excused Absencex. RC«' 35A.12.060 provides tliat a t ounrilmrmbcr
stwll forfeit hislher otrice by failing to uttend threc consecutive regular meetings of thc
Council w7thaut being excused by the Council. lrlembers of the Council may be so
cxcused by comply ing with this section. The memlaer shall cuntact the Presiding Officer,
City CIerk, or City 4fanuger priar ta the mceting and state the reason for hia/her inabilitv
to attend thc meeting. t
'
. .
. Follow-ing roll call, the Presiding Officer shall inform tbe Council
ol' the membt.r's absence, state the reason for such absence, and inquire if there is a
motion to excuse the member. This motion shall be nondebatable. Upon passage of such
motion by a majoritp of inembers present, the absent membcr shall tx ctansidered excused
and the City Clerk will malce an appropriate notation in the tninutcs.
1.7 Council Meterial. Councilmembers and affected staff should read thz ageuda material
and ati}c claritication yuesticros of appropri:itr .t:ifl' prior to the Coimcil mec:ting, when
possible.
1.9 Couaeil Nieeting Agenda / Consent Ageada. "ne City Clerk. wider the direction of'the
City Manager in consultation with the Presiciing Officrr, shall arrangc a list of proposed
mattets according to the order aF business and prepare an agenda for the Council. After
the groposed agenda has been revicwed and approved by the Mgyor, the Presidin¢
Officer shall have tlic uptiuq of stdjusting thc agend., dt}eting-afty-iwm
hem .
A
copy of the agenda and supporting materials shall he prepared for Councilmembers, the
City Manager, and the media who have filed a natification mquest, on or beforc close of
business on a Friday preceeding a Tuesday regulur Council meeting, ar at the close of
business at )east 24 hours preceeding a special Council meeting. Any revised egenda
thersifter distributed shall cantain the date, timr and authar of the rpvision. Distribution
of the agendu to Councilmembers shall be as directed by Council and may bc hy mail
boxcs in City Hall, Fax, E-mail ar personal delivery when requested.
( , ~
rese!uli 'n, unless-wat , .
(c) The proper Council motion on the consent agenda is as follows: "I movc
adeptieR upnroNa1 of the coasent agenda." This motion shall be non-debatable
and will have the eflect of moving to u ru% e sdsgt all items on the Consent
Agendg. Since adeptio nnnro%-»I of any item on the consent agenda implies
unanimous consent, any member of the Council shall have the right to remove any
~ This srn[cnce is cedundent (sec previvus srntcncc).
Pagc l of 4
ill'll? ?Ti~R1 l1lC L k!MC[li :1~~':ld:j. 1 ilt: rt: Ii1IC. [)f:- , C Ik - if1,- ',,tC nil iI lt: Rli) llk !Il i) dLii-f(;i
:ippru%c the consent agenda, the Presiding Officer shall inquite if an.,
Councilmember wishes an item to be tivithdratitin &om the consent agenda. TPan_,
maleer is w7thdra%vn, the Presiding Oflicer shtill plaqr~> >li,:- i•:~~, :!r
place on the agenda for the current or a future mcctili .
1.11 Study Sessions and Workshops. kegular or Special C,
chrreut: mav h< <lesiannted as Study Sessiuns by the PmsidWi-,
Durin,; tlre Couircil titur/r or ~t or%sIt,rp, tlte iliscus%inir (eacler ./rcuilrl:
(it) ;iiil Jil,_4 t i!~ •ii~'I:
(b) Identify the discussion goal.
Ic? Act as facilitatar tU keep th< d1.SLuti.;i011 WCuN:J tuu"ird ihc goal: ar.d
(d) :11en tllr I'msiding Officer when it is apprut,r-i..t_ i,, t0r
Ibm ing discustiiun ithuut thr n~ce,sih ul eucli cuuncilmemher heing, rrcoVnizetl h~
the presiding ofi3cer. The Presiding Ofticer retains the optinn uf nssuming the functia«
of the discussioa Ieader at any time in arder to maintain dec(truiii :ind cnsure .ili
cf-Iuncilmemhers ha%e the opPnrtunitv t(r he heard. and tn keep the discussion
pruperly foiused.
1.14 "T'hree Touc6 Principle." Dccision mai:ers and citizcns at all Icvcl, ut ttie City shoulel
have ndcqunte time to thoughtfWly cucuider the issues prior to final decitiions. [t is the
intrnt of the Council t6at the Counril ancl Administrution shall abide by the •`Three
touch principle" w6enever possible. Thc following procedural guidelines are ciesivned
to avaid '`surprises" to the City Council, Citizens and Administrative personnel:
• It is recagnizrd that the hands ot' decision makers should not be cied
unnNCe.ystirily. l.lnexpected cinumtitnnces may arise ,
wherein obscrvance of the "Thrre Touch I'rinciple" i-
impracticle. Huwever, when unusual circumstances atise which justif'v a"firs?
discussion" decision, the persans requesting the expedited decision shou)d also
exglain the timing circumstanccs. This Principle ezcludes ~t:,ff rrporc,
other general communications not requiring a Council decision
1.16 City Clerk - tilinutes - Public Information Access. The City Clerk shall bC cx-u11 i: „
Clerk-of-the-Council and shall kecp minutcs as mquired by law, end shall perform sucli
other duties in the meeting as may be required by the Council, Presiding Othcer, or Cit•
Mnnager. In the absence of the City Clerk, the City Clerlc shall appoint n replACement t-~
act es Clcrk-of-the-Council. The Clerk-uf-the-Council shcilll keep minutes which identii~
the general discussion of the issue anci complete detail of the ofticial action ar consensu,
reached. ifany. \N 1}t-ii pr:,t tic:il. :lnd ilh tlie cxcenrinn ~,i' I~.~•c!iti<<• ~~~~i~~n~. Tth:
Cilt Cletk shaU tapr record the proceediiiks of 'sh~ +ti.~i'Iit}gti, it~►►u~1it►,
ree lsr mectings, stud}• scssiont, MAU--„rl.shops,_qwm1-n►eoinp
:I+~~-r,~~~: a -ffwtem-and shall
keep and make available un index of the tapics of each meeting which will facilitate
locatian of the item in the appropriate minutes of business. Access ta the tape recordings
shall be made reasonably available to any purty who so requests, according to City public
information procedures. (See Sec. 3.14.)
3.3 Ordcr of Buslness. The business of all regular meetings uf thc Council shall bc
transacted as follows: provided, hawcver, that the Presiding Officer may. during a
Counc.~il meeting, rearrange items on the agenda to conduct the business teforc the
Council more expcditiously.
(a) Call to order by the Presiding Officer.
(b) FlWp-e€-Ailegionet. ! nvu c-witon
(c) lnveeedes: Plcd ge u[AIlcQianre
(d) Roll Call (see Sectian 1.5 for praccclurz to c:xcuse an absence).
le) ~~~~►rm:il uf 1-c•n(l:► IinrlniJini-, Oin.vnt 1orn~l;i i
i t") [titroductisvrt ipf -I,c•ci::l (;ucsts and k'resrntatiow
(g e) Committee, board and liaison summary reports. Fxtendcd reports shall bc piared
after New Business or submitted in writing.
(h fl Presiding Officer's report.
(i g) Cocnments from thc public un subjects not on thc agenda - limit 3 minutes each,
unless madified by the Presiding Officer.
NOTF: ir,.toa:-
I i .hanec N%ardine to sixtc_nmc r f-10-I1C 1 11111 [M flt fut t trfnN nt li I!;c Ayi riLt:
ilrucide snccial cnmmcntleriiid un tcsicici (if iritrrc,
si [t) t huse iu uttcud :inct- i
.i~ •tnfC tu a(Tyct fint touch throu¢h mcmo Includcd in nackct y.ith stutf hn%in•~ AtI1IIN co.,O. ,i
Council has nucctloar;
ii ctltrainntr cunfusfoa in +nind of aub(ir nnd not include administrptivc rcuorts durlnr rc :ui:i r
:uuneil mect4nin: ur
~ I Puhlic cumment3 for itemt nnt qn thc sernda or that do not o[fer a cnmment opportui1is•,
Note: tlic Citv Council desires to allow a maxunum apportunity for public
cnmment 1-Iowever, the business of the City must proceed in an orderly, timely
manner. At any time, the Presiding Officer, in the Presiding Officcr's sole
discretion, may set such reasonable limits ss nre nccessary to Qrevent disruption
of other necessary business.
7. Public comments received during the public cumment period shall not be
allowed by thc Coutcil if they relate to any matter u}xon which a public
hearing I+as hecn may be-required.
P;l,
~,i a
Ipl . , Prasiding r.
=
pFeeeedifigs ef tiw
• 11 . unless
• C-it),
5.2 Adminictrative [nterference bv Couacitmembers. Neither the Council nor anv ot' its
c;ommittees or members shall ciirect or request the appointment of any pcrson ta, or
his/her remuval from, any ufTice by the City Manager or any of hisrher subordinates.
I:xcept for the purpose of inquiry•, the Council and its members shail deal %%-ith the
ndministrativc branch solely through the City Manager and neither the Council nor any
committee ar mcmber thereof shall give any orders to any subordinate of the City
Manager, either publicly or privately; provided, however, that nothing herein shsll be
conswed to prohibit the Council, wtule in opEn session, from fully and freely discussing
with the City Manager anything pertaining to appuintments and removals af City o~T'icers
and emplo}-ees :uid Citv atlairs. (RCXL'3;:1.1 3.120.)
6.2 Actions for a Publie Hearing. T1ie procedurrs for a pubtic hearing are as folluws:
( d) Site-Specific Comprehensivc Plan and Zoning Amendments ("Rezones").
I'he fullawing are general concepts regarding Comprehensive Plan and roning
amendments under the law af the 5tate of Washingtan:
4. After the testimony, the public hraring will bc closed and there w711 be u
cnotion to approvc the plan nnd toning amendmcnt. ' .
of the feeene;-b
ti. Following the decisioa, 'this body must make findings of fact and
conclusions of reasons far its aetion. These findings may be drafted by the
adminisuation or there may be a rccess for the drafting of such items.
` This is covered in scction 1.16
' The mel:er of a metion cunnot nrgue against their awm motion, but thcy ran vote ugninst it. Thr Sccoadcr uf the
mutian rncrely seconds n motian to allow clebate. [Robert's Rules of Order}
' Jutit to nute as a rcminder.
E'a~;c d nf •i
llRAFT
ADVANCE AGENDA
~ f) For Planning Discussion Purposes Only
as of August 11, 2005 2:00 p.m.
Please note khis is a work in progress; items are lentative
To: C;ouncil & Staff
Prom: City Manager
Ke: 17raft Schedule for Upcoming Council Meetings -
August 23, 2045, ltcgular Meetinj!, 6:110 n•m. [due date Thursday, August 11]
1. PUIiLIC HEAR. EYG: 2006 Revenues, including property taxes; [10 minutes]
2. Consent Agcnda: Minutes, Clai.ms, .Payroll; MOU Sr. Citizen Association; R.esolukion RegardinS
.Speed Zone at NTess ElementFUy School; Community College Lease for CenterPlace [5 ininutcsJ
` 3. r irst Reading Proposed Ordinance Extending UR-1 Zoning - Marina Sukup [10 minutesJ
. 4. Proposed Resolution: November Ballot Measurc - Chris Bainbridge [5 tniriutcs]
5. Motion Consideration: Council seis preli.m.inary budget hearings for Sept 27; final . public hcari.ng for Oct 11 (5 minute,.s)
6. Vlotion Cnnsideration: Appeal APP 04-05 - Cary Driskell (15 minutes] 7. Motion Consideration: Spokane Caunty Contract Approval Nina Regor/Morgan Kouclelka [45 minutes] 8. Presentation of 1'reliminary Budget - Davc \tlercier [30 minutes] .
9. Infonnation Only:
a. llepaifinental Montlily Reports
b. Planning Commission ivlinutes
c. Revie«, of 2004 Contracts - Morgan 1Caudelka r~ d. Mcmorc►ndum re lntergovernmentF►I Agreeinent for Commute Trip f2eduction (CTR)
[estimated meeting: 125 minutes*]
Auzust 30, 2005, Studv Scssion, G:UU p.m. [due datc 'I`hursday, August 181
1. Action Item: First lteading Proposed Ordi.nance Amending PIJU -Ivlarina Sukup/Cary.Driskcll (10 rninutes) ,
2. Outside Agcncics Presencation (10 miiwtes per presenter) _
TOTAL N111V*CJTES: minutes
SepfemMer 6, 2005 Study Session , 1. Departments present highlights of 2006 I3.udget [90 minufes] TOTAL 1tiNUTES: 90 minutes
Seatember 13. 2005, Rcgular Nleetin" 6:00 n•m. [due date Thursday, September 11
1. Yublic Rearing: Cable Television T'ranchisc - N1organ Kntidelka .[5 minutes]
2. Conscnt Agenda: Minutes, Claims, Payroll; Tntergovernmental Apreemcnt for CTR [5 minutes]
3. Seeonci Fteacfing Yroposed Ordinance Amending PUD - xtilarina Sukup/Cary Driskell [10 minutes] .
4. First Reading Proposed Ordinance .Extenciing UK-1 Goning- Vlarina Sulcup [10 minutes]
5. Motion Considerittion: "National Incident Management System (t\TLUIS) - Cal Walker [10 minutes]
6. AcjministraCive Report: .
a. General Budget Discussion -.Qave Mercier [30 minutes]
b. Applewiiy Signage - Cary DriskelUMarina Sukup [20 minutes]
c. `Vcbsite Uptlate- Carolbelle Branch [IS minutes]
7. 1n.fontiation Only: . .
._J a Tnfrastructure .Funding Mechanisms (formerl_y LlU/RID) Cary DriskelUNeil Kersten .
[estitnatecl meeling: 105 minutes*]
c,,,,t,,,.,ti,..-15200e CnA~Frn~~r rn e., ~nn r
, , e~ht~4eetin~:--~Q~H~n-rc~tte-~ttEe~ttesdiij-, SepK,E~A~}
3 ' ~~rr~ag-Ger _ uies}
Dnit Aclvance Ageiida 8✓I 1l2005 2:03 PM Page ] of 3
Sevtember 20, 20Q5, Study Scssion. 6:00 n.m. [due date Thursday, September 81
1. Defmitions ancl schcdulcs of permitted uses -Marina Sukup (IS minuCes) r `
2. Airport Overlay Zone - Marina Sukup (20 minutes) ~
3. Helmet Use T'.,ducation Discussion - Chris Bainbridgc (20 minutes)
TOlAL MfN'CTTES: 55 minutes September 27. 2005. Rep_ular AZeeting, G:UU p.m. [due date Ttturs[lay, Scptcmbcr 151
1. PiJE3LIC HEARTi\`G: P,trks & Recreation 1'Iaster Plan - Mikc Juckson 120 mirtutes]
2. PIJBLIC HEAR_i1`G: I3udget 2006 115 minutes]
3. Conscnt Agenda: Minutes, Claims, Payroll [5 minutes]
4. First R.eadi.ng: Propeity Tax Ordinance - Ken Thompson [10 minutes]
5. First Keaciing Yrnposed Ordinance Adopting f'orvers of lnitiative & Referenclum - Cary Driskell [15 minutes]
6. Molion Consideration: Adoprion of I'a.rks cSc Reereation Master Plan - Ivtike Jaekson [5 minutes]
7. Motion Consicleration: CcnterPlace Fiber vs. T1 for Communications and Data - Mike Jackson [10 minutes]
8. Admiriistrative Report:
a: Fee Resolution - Ken Thompson [15 m inutes]
' b. ]vlassage ParlorslBath Houses - Cal Walker/Cary Driskell [15 minutes]
c. Strcet Dedication Ordinance llraft-Neil Kersten [10 minutes:)
9. Infomiation Only:
• a. Aeparkmental iMonthly Reports;
b. Planning Commission i'vIinutes [estimated meeting:120 minutes*]
Uctober 4, 2005. Study Session, 6:00 p.m. [dne date Thursday, September 221
1. Presentation of Comprehensive Plan, Plannin? Commission Recommended Draft-Dave Crosby (90 minutes) `
October 11, 2005, Regular Mee.tin" 6:00 n.m. [due date Thursday, September 291
1. PUBLIC HEARING: Final k3udget 14earing . [10 minutes]
2 lsr Public Wearing on the Comprehensive 1'Ian 1'Iannir7g 90mmission .Recanznrended Drtjt [60 minute.s]
3. Consent Agendia: Minules, Claims, Payroll [5 minutes]
4. First Reading Proposed Street L7edication Ordinance-Neil Kersten [10 minutes]
5. Administrative Report: a., SEPA Niitigation Strategies - Cary DriskelUGrcg N1cCorrnick/Neil Kerstcn [30 mi.iiutes]
[estimated meeting: 115 minutes']
October 12, 2005, Conversation with thc Communih', CenterPlace, Room 114, 6:00 n.m.
October 18 2005, Suecial Council 119eeting 6:00 p.m. [due date Thursday, Octobe.r 61
1. 2° Publie Hea ring on t:he Coml)rehensive Plazi Plarrning Com»tissior: Recon:mEndec1 Draft [90 mi.nutcs]
2. Conserit Agenda: Minutes, Claims, I'ayroll C5 minutes] .
3. Secotid reading of property tax ordinance-Ken Thompson C10 minutesJ
4. Second kteadin' Vroposeci Ordinance Actopling Initiativc & Referendum Potivers -Cary Driskell (15 minutes)
.
5. First reading of ordinance atlopting budget-Kcn Thornpson [10 minutes]
6. Fee ftesolution adnpted - Ken Thompsora • [10 minutes]
[estimated mceting: 140 min.]
October 25, 2005, Regular 19eeting, 6:00 p.m. (due date Thursday, Octoher 131
1. Conscnt Agenda
2. Cantinuatiun uf 2°d Public Hearing on the Cornprelrensive Plmi Planrring Canrniissian RecomnientledDruJ! %
(if necessary), and begin (:ouncil deliberation [120 minutcs]
3. Infarmation Only: a. .Departmental Monthly E'Zeports; b. Planning Commission Minutes
[estimated meeting: _ miniites"]
Drafi rldvttncc Agenda 8/I Il2005 2-03 PM Pagc 2 of 3
\iovernber 1, 2005, Studv Session, 6:00 p.rri. [cluc date Thursday, October 201
Council cleliberation on the Conrnrehen.sive Flun PlarzTiing Comntission Recon2mended Drufc (120 minutes)
TOTAL M. _li1'UTES: 120 minutes
~
Noverntaer 8. 2005 - No Cuuncil MeetinL, or Studv Session (Election Night) ,
Novembcr 15. 2(105, Special, Ref,,ular Meeting, 6:00 p.m. [due date Tharsday, Qetober 271
1. P[TBLTC AEA1tING: (tentsttive if Council considers subscantive changes to the Plaiining Comm. ftecommen(tecl draft) (20 min]
2. Consent Agenda: Viinutes, C11ims, Payroll [S minutes]
3. Second reading ordinzince adoptino budget- Ken Thompson [10 minutes]
4. Seeoiicl Reading Proposecl Street I7edieation Draft Ordinanee-Neil Kersten [10 minutes]
5. Motion Consideration: Adoption of the Spoknne Yulley Comj.)re{rensive Plan [20 minutes]
• (esNmated meeting: _minute5*j
November 22, 2005 - No Meeting
November 29, 2005, Regular IViccring b:OQ p.m. [duc date Thursday, Noveinber 171
1. Consent Agenda: Minutes, Claims, PayroLl
2. I7epartmental Nlonthly Reports; b. Planni.ng Comrnission Mi.nutes [estimaled meeting:_ minutes'"]
necembcr 6, 2005, Stuclv Session, 6:00 p.m. (duc date Weclnesday, November 231 .
1. 1'rismlPlus/Padal (Pitreel [7ata Locator).System - Dawn Dompier, Chris Berg (15 miiiutes)
Uecember 13, 2005, Regulsr Meetinp-, 6:00 p.m. (clue date Thursday, Decemlier 11
l. Cansent Acenda: Minutes, Claims, Payroll
2. Departniental Vionthly Reports
Decemlier 20,2005, Studv Session, 6:00 p.m. [clue datc Tltursday, Aecembcr 81
December 27, 2005, No Meeting
0TAW}2 :1'ENllING A\I/OR UYC()illING iSSUF,S/N1EETI~'G5:
S:iturclay, Febniary 11, 2006 - Winter Retreat .
. AYY 02-05 - Cary Tariskell
l Iazard Mitigation Ylan - Marina Sukup .
Hotel/Matcl Grant Proposals for 2006
Central Valley Scbool District Impact Fce Request
Joint Meetings: School 17istricts; Boarcl of County Cotnmissioners
Panhandling - Cal Walker
Second Rcading Proposed Sidewalk Ordinance 04-012 -(first reading 02-24-04)
Sewer Collcction Syscems - Neil Kcrsten ' •
f 1 $torAge Tanl: Ordinance -`["om Scholtens
` Street Paving Funding Option -Neil Kersten (Gary Schi.mmels) '
estimated meeiing time dqes nnt i.nclude tline for public comnients]
Drait Adwance Ageada 8l11l2005 2:03 l'M Ptige 3 of 3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: August 16, 2005 City Manager Sign-off:
Item: Check all that apply: ❑ aonsent ❑ old business ❑ new business ❑ public hearing
X information ❑ admin. report ❑ pencling legislation -
AGENDA ITEM TITLE: Memorandum regarding Hearing Examiner Decision on PE-1940-04
GOVERNING LEGISLATION: NA
PREVIOUS COUNCIL ACTION TAKEN: NA -
BACKGROUND: A,pplicant Cameron and Associates is seeking to construct a development
under two applications, one in the City and one in land immediately adjacent to the portion in the
City unincorporated County, all in the Ponderosa area. The Hearing Examiner issued a
decision on the project in Spokane County. That decision is attached. Staff has also drafted a
short memorandum for the Council outlining where we are in relation to the decision at this point
in time.
. . • - .
OPTIONS: •
RECOMMENDED ACTION OR MOTION: None BUDGET/FINANCIAL IMPACTS: None
STAFF CONTACT: Marina Sukup, Community Development Director •
ATTACHMENTS: Copy of the HE decision issued August 5, 2005; copy of inemorandum '
from Deputy City Attorney Cary Driskell:
~`~.l
spi5k.ane .
Valley
-11707 E Sprague Ave Suite 106 ♦ Spokane Valley V1A 99206
. 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhal(Ospokanevalley.org
Memorandum
To: - T. he City Council From: Cary P. Driskcll, :Deputy City Attam.ey .
CC: 17avE ylercier, CifyManager; IVTaruia Sukup; CD Dixector
Date: Augusl' 16, 2005. .
Re: SLPA issues resulting fi-om :L~earing Examiner on Ponderosa matte.r.
As the Council is aware, there is a l.and developinent action occurring in the Ponderosa
ueighborhoodin which part of the proposed action is in unincar~~oraEed Spokane County,
and a portion inside the corporate limits of Spokane Valley. T'lie applicatit chose to apply
to Spok.ane County first for development ofthe west por[ion of the project. ~
` J •
As part of the application process, Spokane County requires the applicanl to coiiiplete an
envirorimcntal checkli5t uncier the State En'vironmental PAlicy Act (SEPA). Based upori
ttiat checklisC, Srol:aaie Couiit)r (or any governnie»tal agency to wluch a project is
proposed) looks at the proposed action lo dere.rm.ine if tliere arc any anticipated impacts
to the natural or built euvironrnent. I:P not, tlhen a Deteiuiuiation of Non-Signif;icance
(TaNS) would be issued. If there appear to be inipacts, fiu-thcr analysis is chen per.fonued
to cieterminc if the impacts cau be mitigated through conditiQns placed on the approval of the projecl. TP so, then a Mitigatcd Determination of NOn-Siguficancc (M,DNS) ~ypuld
be issued. A Determinatian Of S1g1llf7Gc1t1Ge (DS) can be issued i_f there are probable
significaut aciversc environmental impacts that' would result f'rom the proposed action.
Tlus inemorandum will n.ot discuss a 175, as it docs nol apply in this i.nstance.
lii the project at• hand, Spokane Coluity circulated the enviroiuuental checklist from the
developcr, with a copy c;oming to .Spokane Valley. We itlenti.f ed a uuIIibcr of issues that
were of conccrn for the City, and asked Spokane Cotmty to require the applieant to
mitigatE the identified unpacts, and also for the Caunty to address several procedural
issues. Spokane County decl.i.ned to requue the rncasures icientified by Spokane Valley,
anci olhers, and issized a llNS on the project. As a resuilt, the Cityfleci an administrativc
appeal of the DNS deteniunation to the Counly Hearing Examincr (H.H: Mike Dempsey
(,~vho is also the City'spi•o terri Hearing 1-3xami_ner).
The primaty issues raiscd by the City were tliat (1) Spokane Valley was seekiug to
assume lcad agcncy status fxom Spokane Counry because near.ly all of the cnvironmental
impacts from tlie projECt tivould fall on Spokane Valley, ratlier than Spokane County; (2) ~
that Spoka.ue County nceded to do a conlplete analysis that recoguized the two projects in
, nwo jurisdictions werc really one project for SEPA analysis purposes, anci that SEPA
contemplates that a eQmprehensive view of the impacts was required, recognizuig lhat the
County could not simply look at the impacts from_the west portion of the project, and
then not considcr the unpacts from tlie east portion; and (3) Spokane Counry neecied to . requice the developer to construct nff site mitwation in the fonn of sidewalks for school
children wallcinci, to and from school along 44 Avenuc. An additional issue wa.s raised
by the applicant, ui which the applicant asserted t11at the admin.istrative appeal of the
County's SEPA deteriiunation was not authorizeci by our City Council. This, asserted the
- apPliGant, rendered the appeal ultra vires, or without legal authnrity, a.ucl must result un
. our appeal being dismissed.- ,
TheHE issued his decision ou August 5, 2005, with an effcctive date for purposes of
appeal of August 8, 2005. On tlie preliminary issue of w-hether Spokane Valley staff had
. authority to initiate an adiiiinistrative appeal, the HF found on paee 28 that statf xvas only
engaging i» a muusterialladministrative act. Aa such, they did not requ.i.ze Council action
to initiatc the appeal. Tn short, staff was merely Follo,.ving ttie adopted laws previousl'y
enacted by the Council. "The City.'s SEPF1 appeal filed by, the Dircctor of the Cily
. Departnlenl of Commu»ity 17evelapment was pxoPerly authorized." HE F'indirzgs,
~onch.~sioru und Jaecisiorr, p. 29, paragraph 186. Alttiough the HE fornially denied the City's SEFF1 appeal, the mannEr in which it was
denied bears furncer scrutiny.
On the first issue, the HE ruled that Spokane Valley failed to assert leacl agency status in
. a timely fashion (wittiui 14 days o.f:' 4vhen Spokane County a..tserted lead agency status).
'I'h.is portian. aEthe City's appeal was denied. .
Un the seconcl issue, St3ft IS IOOkltlg 1t whether the record supports Findings of Fflct 199
and 200 for the assertion that the DNS anci supporling uiformation by the County
consiciered the clunulative impacts of tllat portion of the project thal is in the County
alongwiti the portion in the Cil-y. 4n the third issue, althnugh the appeal Nvas denied, the HE conditioned the permil so as
ta require the developer fo provide off-site mitigation in the i.'orm of sicie-svalks or other
" suitable means by which school chilclren could go to and fi-om school in a safe matuier.
Uiir Public Works staff believes some clarificalion as to Nvhat is now required oF the
developez is wacranted. Staff lArill dcterminc if an appeal is warranted in drder to fulfill the requirements of the
various development ordinances cuacted by the Cotuicil, and thus protect the best overall
interests of the Ciry. If so, then an appeal would issue undcr Washington's Land Use
Petitiou Act (LUPA). Such and appcal would be filed in Spokaiie Coiuity Superior
Coiu-t, no later than August 29, 2005. Il' is important to note that staff is going to request
. of the HE that he clarif}, ar reconsider hvo areas of his decision. First, the poriion _
requiring the installation of the sidew-alk along 44U' Avenue cpntains technical
requirements that are not clear, according to our Public Works Department. Second, we
will a,sk ehat lhe decision be clarified to very clearly idcntify that thc rivo projects are
sepaz-ate and distiinct. We «rill also ask that ille appeal period be extended to nin from the
date of issuance of tlie claizficatiov/reeonsideration tn allo~v any :-iclversely affectcd parry
stutable timc for appcal.
~
~ ,
L . . _ . . . . . . , . . J .
~ .
~
~
SPOKANE COUNTI' HEARTIVG EXAMIIVER
~~..J
RE: App}ication for the Prc]iminary p]at of )
I Panderosa R.idge, in the Low Demity ) k'TtVDINGS OF FACT,
~ Residenlial(LDR) Zone; ) CONCLUSIONS OF LA`V,
Applicaz►t C1mE7on & ASSOCiaY.es ) ANA DECISIpN
Ffle No. PE-1940-04 }
. >
' T. SUNIlI7ARV OF DECISI ON ~
,
Hearing Mafter: Applicahon for a preliminary plat, in the LDR zoue. ;
i
Summary of DecLsfon: Approve preliminary plat applicafion, subject to conditicans of apgroval. 1'he ~
prefiminary plat ,%U expire vn Augvst 5, 2010, unless an a}Iplication to request an extension of time is i
. submitted at least 30 days prior to the expiration date. ~
. 3
. II. FIT°DINGS Ob' FACT f
1. T'he applicatian seeks approval of the prel'uninary plat of Pnnderosa Ridge, to subdivide 27.7 acres of land 'mto 1001ots fac single-family dwellings, and three (3) camman open space tracts, in the Low `
T)ensity Residerrtial (LT)R) zane.
.
2.. The site is lacated at the souiheast corner of the iIItersection of 40' Avenue and Sch3fez Branch ~
Road, in the NW'/. af Sectian 5, Tvwnship 24 North, Range 44 L17ityl, in Sgokane Counry, Washingtau. `
3. The site is curr~,~ntly referenced as County Assesso.r's tax parcf;l no. 44052.9179, and is legagy i
descnbed in the prelinunary plat application. ~
- i
4. 1fie applicani far the prelim:inary plat is Cameron & Assnciates, cJo Cliffard Camercm, 8419 N.
Norf}aview Gourt, Spakane, WA 99208. The site oumer is Lanzce Douglass, 1402 E. MaPnesium Drive,
Stute 202, Spokane, WA 99207.
Procedural hist2r•t_of ali
an
-nlicati
5. Effective June 1, 2004, the County adopfed a new Counfy Zoning Code, and Phase 2 Development
Regulations. The Phase 2 Development Reg~ilations rechassified lhe zoIIiII,a, oi'the sitc from the i3rban.
Resi.ciential-7* (CTR-7*) zone Af the fotmet Caunty Zoning Code to the Low Deti,sity Rcsideatial (LDR)
zone o£ t}ae new Caunty Zonmg Code.
• 6. On June 23, 2004, the applicant submitted an applicatian for a prel.imitiary plat and a Planned Unit •
Development (PUD) Ovcrlay zpne, to divide the site into 100 lots for sun,ale-fazaily dwellings and 9.4
acres af common apen space. The applicalion stated Naat it was submitted under the UR-7 zame.
7. On Iuly 22, 2004, the County Deparlment of Building and 1'larming adtised the applicant tbat the
' preliminary plat application was subject to the revised P(tD Overlay zone slandards contained in the nm,
/
HB Findings, Conclusions aad Decision PE-1940-04 Page 1
~
County Zaniua, Code, and would havc to be revised The applicatian was also subject to the LDR zone,
~ and other applic,able provisions of the new County Zoiaing Code.
8. On April 11, 2005, the applicant submitted a revised prelima►ary plat map to ciivide Yhe site into 100
lnts for single-fam.ily dwellings, in the LDR zoaie, without a PUD Ov~,-rlay zone.
. 9. On May 24, 2005, the Coimiy Department of Buildmg and Planaing issued a Determination of
. Nansipificance (DNS) f.ar tie revised praposaL
1.0. On 7une 7, 2005, the Ponderosa Neighbozbood Associatian and the City af Spolane Valley filed
timety, separate appeals- of ihe DNS ("SEPA Appeals') with the County Department of Building and
Plnning.
-11. T1ie Hearitag Fxa*niner conducted a public hearing on the praposal and 5E11'A appeals on June 8-9,
. 2005. Tbe requirenaents f.oz notice of public hcaring were met T9ae Exalniner visited fhe site on June S,
rune 7 and Juty 29 of 2(}05.
12. The follawmg persans testified at the public heariug:
' Tammy Joues Scott Engelhard
Department of Building an.d Plammg Divisian of Engineering and Roads
.1026 West Broadway 1026 W. Broadway.4venue
• Spokane,lVA 99260 Sgokanf; VJA 99260
Michael Murphy Brian vlcGinn
Attorney at Law Attotney at Law ,
300 F.ast Pine Street 601 W. Riverside, Suite 1900 '
- Sea.tt1e, WA 98122 Spokane, WA 99201
. Todd Whipple Dave-l'ackman ~
. 13218 E. Sprague Avenue , 19307 E Cataldo Avenue `
Spokane Valley, VVA 99216-4844 Spokane Valley, NVA 99016 ;
~
• dljlarina. Sukup Jolm Pede.rson (
' • City of Spokane Valley . Department of Building and Planaing
, 11707 E. Sprague Avenue 1026 W. BraadwayAvenue .
Spokane Valley, WA 99206 Spokarae, WA 99260
Cliff Cameron . Lazry- Dawes
8419 N. Norfhview Court 725 W. ChelanAvenue
Spokane, WA 99208 Spokane, `'VA 99205 -
. Robert Bemstein Richard A. VeIategui '
507 1Sth,Avenue asY 4811 S. Spencer Lane
Seattle, `VA 98112 Spokane Valley, WA 99206
.
. I-M Fiudirags, Conctusions and Decision ' P&1940-04 Page 2 •
. . . . . . ~
. ~
1 ' • - . . . . • . . .
! . .
1
~ -1 Carl Cook Eberhardt Sr,hmidt
4612 S. Schafer Brand Road 3$08 S. Sundown l3rive
Spokane Valley, 'ATA 99206 Spokane Valley, WA 99206
Janice Coapetstein Cfalzck Hafrher
9716 E. 45thArenue 4710 S. %rnodruff Road
Spakane Valley, WA 99206 _ Spokane Va11ey, WA 99205 ,
Ric,hard BGhm Adriarae P. Borgias '
3626 S. Ttidgeview llrive 9326 E, Hohnan Road
Spo}:ar1e Valley, WA 99206 • Spokane Val:ley, WA 94206
, Judy B elous Rcm pinan
$803 E. 4da, Avenue 4337 S. Farr Road ' Spokane Vailey, VJA 99206 Spokane Valley, `'VA 99206 ,
Dave Qlson Susan Wilcox . . 8808 E. 44th A<<enue 4624 S. Schafer Branch Road
SpAkane Valley, WA 99206 Spflkane VaIley, WA 99206
Gayie Stiltner Claude Weals
. 10119 B 44thAvenuc PO Box 380
. Spokane Valley, WA 99205-9299 Loan Lake, WA 99148-0380 - ~ ~ Michael Nilsson
. 1402 P, Magnesium Roaci Suite 202
Spokacae, WA 99217-7781 .
13. 'I`he Hearing Examiner heard the prcrposal pursuant to the County Heaiing Examiner Ordimarace and the County Hearing Fxaminer Rules of Procedure.
Items in recozd • ,
14. The Hearino Examiner ta~kes nodce of the Caunty Comprehensive Plan, Capital Facilifies Plan,
7oDing Code, Phase 2 Develapmen.t ReguL3tiotis, Subdivision Ordinance, Critical Areas Ordinance and
maps; Guidelines for Stormwater Management, and 2001 Standards far Road and Sewer Construction; ,
County Cocie; other appl.iclble developr.n.ent regulations; and priar land use decisions for the site and in the
area 15. 7`kae record mcludes the clocuments cantained m the County Department of Building and Planning
. file for the applicatiau. at the time of the public hearmg, the documents and testimony suvmitted at the
- publie hearing, the items taken notice of by the Hearrng Examiner, and the Cotmty DNR Stream Types
map iractuded byreference in the record by the ExaUninez at tihe public hearing. The Bxaminer revietved
. . every document in the zecord.
~ ...i . .
HB Findizigs, Conclusions and Decision pE-1940-04 Page 3
i. ~ 16. Qn the m.orning of June 10, 2005, the Heazing Facaminer's ofEce discavered four (4) unopened ;-1
. letters from neighboring praperty owtiers regarding the proposal at the County maihoom, postEnazked
between Jime 6 and June 8, 2005. The Exammer's offiice did not pick up mail at the County mail room on
Jutie 8 and9, 2005, because the Faratramer and his staff assistaat were in public hearings ail day and inCo
ttie eveniDg hours on each daLe. Mail is delivered once each morning to the Caunty maihoom.
17. Tluee of the abave-referenced letter s were opposed to the praposal, aiad one Ietter was in favar. See
lei.ters &om L34e and Maxine Kerns, Rrilliam and IVlary FarTaley, Don Henderson, and Sylvia Riddle. AIl
fow Ietters are znctuded m the record; because they are short, non tecbriical, raise simi7ar points to those
discussed by the variaus parties of record at the pubkic hearing, and could Ikely bave been added to the
record ducing the public hearmg. I7 escription of site •
18. The site is approximately 27.7 acres m size and undcveloped A draw biseGs the site in a north to
south ciirection, aud contains a seasonal stream wiih a chaunelwidth of appraximately 8-10 ivches. The
topography of the sii:e is hilly, with sozne slapes ranging up 1D 30% in the narthwest carner and sou#h end
of the progerty, and flatfer slopes located in the easterty durd of the pmperty_ The site has an werall slope
• from norEh to south of approximately 7%. The praperty slopes dawn internally toward the dzaw
containing the seasonal stream at a maderatcly steep slape, an. both the east and wcst sides.
19. The site is vegetated with panderosa pme trees, aspen trees, and a wide range of shrubs, gTasses and
plants. Vegetation on the site and the adjacent 17-acrc parcel ta the east is dcscnbcd in detail in the
Habitat Ma,nagement Plan submitted for the proposal on October 4, 2004. A numbc,~r of rock outcroppings
_ are found an the site. Ovetbead power lines cross portions of the site and adjacent propcrties.
17escripti.on_ Qf preliminarv ~lat
~ 20. "r'khe prelinnivary plat map of record iIlustrates 100 residential lots ranging fram 6,000 square feet to
' 10,526 square feet ui size, wikh an avezage lot size of approacimately 6,700 square fcet The total coinman ;
: open space in the prelaminary plat is approximately 10.3 acres. Lc>t 7, Block 7 of the preliminary plat is I
not labeled as a"tracP', lflce the other comman opcro space tracts i7lustrated on the preliminary plat map, ,
but is intended as common opea space.
. 21_ The densi .ry (net) of the preliminary plat is approximately 3.9 dwelling units pei acre. The
• _ .preluninary plat map iadicates that the prelunixzary plat wotidd be finalized in two pbases, wifh the lots
located in the cast portion o#'tEie prel.imiuary plat fwalized first The percentage of common open space in
, the pieliminwy plat is appz'oximatety 37%.
, 22. TJae preliminary plat would he served iratemally by a s}5tem of private roads. The prelimixiary plat
map sbaws such roa.ds as 30 feet vride, including 28 feet of aspbalt paving and 1-foot curbs, and abutted
by a 5-foot vvide concrete sidewalk an one side. T}ae stub road referenced as "46b Avenue' should
. actually be labeled. "46°' Lane", since it is mtended to be a private road.
. 23. The pre_l.inlinary p1aE map ecantains a aohition "25 #'oot buffer for 'Iype 5 drainagewa}~' adjacent to
the path of the seasonal siream through the site. The common ope space tract tlaat contains the seasonal ,
stream in Ihe north portion of the prelminary plat has a uniforcn width of 100'feet
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Swaunding crnaditions
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24. The 6-acre parcel that dividess a partion of the site fram narth to soutb is designated in ihe Rural
Consmation category of the Camprehensive Plan, zaned Rtral Conservatian (RC), amd developed wifh a
sint7le-family hame. T'he RC zone perriiits a maximum residcntial densiry (net) of one (1) dwelling unit
per 20 acres, and requires atainimum lot size of 20 acres; except in a rural cluster development, where a
' max~aum residential density (net) of one (1) dwelling imit per 10 acres is permitted, and a minimum lot
size of cme (1) acre is required
25. The iaiad lying east aud northeast of the siCe is located m the City of Spokane Valley, which was
iacorparated in 2003. The I 7-acre parcel abuttmg the site on thr east is owned by the cuurent site owraer,
zoned Urban Residential-7* (LTR-7'') by the City, and undeveloped `I be UR-7* zone m the City permi.ts
a maximum residential density (net) of six (6) dweIling unifs per acre
26. In June of 2004, fhe applicant submitted an apphcaticm far a preliminary plat and a PUD Overlay
zoae to the City of Spokane Valley, to divide fhe 17-acie parcel abutting the site on the east into 791ots for
single-far.nily dweIlings and approximately two (2) acres of common opm space, in the UR-7* zorae, in -
City File A1o. S'CJB-07-441YCJD-04-04. Such parcel borclers 44aAvcnue for 224 feet, directly east of the _ site; abiits the westerty terminus of 45h Avenue on the east; and has a 60.f.oot wide finger f:hat extends
east to Farr Road A public hearing had not been scheduled oa suGh proposal at t:he time of the public '
hearing held on tbe cuaent projecL
. 27. The other land io the vricinity located to the east anci northeast is zoned Uzban Residential Estate
(UR-1) zoae by th$ Ciry; which zone permits a maximum density (net) of one (1) dwellzrag unit per acre,
~ J and a minimum lot area of 40,000 square feet Such land is improved with sing)e-Famity hames bn lofs
ane(1) acre m size or greafi.ei; except for the more irban sized lots hring eifher directly ncntheash of tie `
sit:e along Locust and Faa Rc>ads, or loeated northerly of CimmaroJa Drive.
28. Further te the north aud east, closer to Dislaman-M.ica Road, the land is zoned Urban Residential-3.5 (LTR-3.5).by the CiCy, and generally consists of siqglc-fama7yhomes on more urban sized lob. The iJ'R- •
3.5 zone m the City permits a maaanium residential densi.ty (net) of 4.35 dwelling unifs per acre. Some '
commercial uses and 7oning,au-e found in fhe azea along nishunan-M.ica Road, betwcen.Bowdish Road and
TJnivezsity/Schafer Roads. A church is located along Schafer R.oad nF:ar iLs intersectiaa with bishman-
Maca Roaci. .
29. The land tying north aud northwest of the site is designated in the Kural Consen,~ation category of fhe
Comprehcnsive Plan, is zoned RC, ancl consisfs af uradevcloped faimLincl and forestland on largc acr.eage .
parcels. Thc land lying south and west of the site is designated in the R.ural Consernation categary of the
Comprehensive Plan, is zoned RC, and generally consisfs of smaller acreage parcels it,npro-ved wiih
• sungle-fanaa~y homes, or umdeveloped land. All such land is locatccl outside the County Urban Gravvth Area
• (UGA). . .
30. °Itvn pockets of unincotporated land located southeast of 8ie site, along the sout.h side of Holman •
Roaci, are designated izi. the Low Density Resiiiential category of the Co.mgrehensive Plan, zoned LDR and
developed with single-fauu7y homes. Further to the south and southeaA the larad is loeated outside ihe
LtGA,desi,gnated m the .Rural Canservatian cafegory of rhe Comprebensive Plan aTad zoned RC; and
- consists of acreage pazcels unpraved with siqgle-fauiily homes or undevelcped land. .
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i 31. On April 11, 2003, the Hearizig Exammer approved the preliminary p1at/I'UD of Mica View
Fstates, to subdivide 54.1 aacs of land located approximately 1.3 mdes east of the site into 831ots far single-family dwellings and 17.5 acres of comman open space; alcmg wii3a, a PUD Overlay zone; in the ~
~ UR-3.5 zons. See decision mFile Na_ PU1746-941PUDU1-94. .
i 32_ - The 54.1 acres included 'm the Iv.faca View Estates preliminary platlPiJJa aze located along the south <
side of Pcmderosa Drive, southwest of the iuLeisection of Bates Road and ponderwa Drive, and west of ~
, and adjaceni to the railroad line chat ex-tends tbrouglx the area. Such properfiy is currentty locat,ed outside :
the UGA, designated Rural Cora.servation by the Crnmiy ComprehensnTe Plan and zoned R.C. 1hc 1~tica
. View rstates preliminary plat/PUD is vested under the UR-3.5 zaning, zoning code provisiorv and other
County developiAent regulahons in place m 1994; and has not received fmal plat appmval.
33. On vlay 19, 2005, the Hearing Examine,T, as hearing exasniner pro tem for the City of Spokane
V alley, heard an applicaLion for apreliminary plat, and a chaage of camciitions to a prior rezone, to divide
2.9 acres of land located m the City of Spakane Valley, tying approximately ane (1) mile nartheast of the
site, into 301ots for divided duplexes, in the Ltzban Reaidential-12 (CTR-l2) zone. Such property is
located alang the east side of SchafL7 Koad, approximately 344 feet south of the intersection of Dishman
Mica Road ancl Schafer/University Road No decision had been rendered on such proposal, in City Fi1e
No. ZU46A-901SU6-05-05, at the tiuae af the public hearing held on the current proposal. .
34_ The Iller Creek Conservalion area is ]ocateci approaimal:ely.25 miles sautihwest of the site. The
. Dishman HiIls Nahttal Area is located appraacimately 1.5 miles nortl:mvest of the sitc. .
35. Ponderosa Elemeotary School is located apgroximatcly.5 miles nartheasl of the si:te; at the northeast camer of the iutersectiaca of. Cimmaron Drive and Woodruff'Road: A. fire station operated by CauntyFire
District 8 is lacated appraximately 1.5 miles east of the site, at the southwest corner of the interscction of 44'h Avenue and Bates ZZoad A railroad ]iue barders the south side o.f. Dishman-Mica Raad 'm the area,
and experiences accasional daily use. At-grade crossings of the railroad tracks are located along Scba.fer
. Road and Bawdish Road, south of Dislnnan-Mica Road .
. :
~ 36. In 2002; a 12-footwide, paved, at-grade ra.i]mad crossIDg was consiructed approximately 1.7 miles - ;
' east of the site, between 13ates Road and Dishman-Mica Road,• south of 47" Avenue and nQrth of 48(h
~ Avenue, to provide access for &re/emergency velaicl~. Such crossmg is gated and locked *at both ends, l
and si,gned as a restricted taihoad crossiog. Fire 17istrict 8 has a key far the locked gate, and is fully
. audaorized to aceess the road during emergeocy canditions and training purposes. Such acct;ss is to be
used for firelcmergency vetricle access, but could potentiatly be used far cmergency evacuati.on of the area
should other access routes out of the Ponderosa area become blocked or congested.
. 37. The County Arterial Road l?lan designates 44°i Avenue adjacent to the site as an Urban Coilector •
1lrterial. T'he City Artezaal Road Plan designates 44te Avenue, between the site and Scbafer Raad to the
• east; as an Urban Collector Arterial; aud as an Urban IvXmar Arterial between Scbafer Raad and Sands '
Raad furt}aea- cn the eask The CiryArterial Road Plan designates Sands Road, between 44°~ Avenue and
.]3awdish Road, as an IJrban Minoz Arterial; Schafer .Road as an Urban Minor Arterial; and Dishman-
_ i\Iica Road as an Urban Principal ArteriaL
38. Schafer Road contiraues north of Dishznan-n9=iea Road as Universiry Road, which is designatul by the City Arterial Road Plau as an TJrban PrinciPal ArteriaL 1he Ci.ty tlrterial Road Ptan designates ~y
.
HE Findings, Conclusio.ns and llecision 1'E-1940 04 Page 6
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Bowdish Road, norfh of SaQds Road, as an C7rban Minor ArteriaL The intersection of Dishznan-Mica
Road and Schafer./UniversityRoad, and the intersection of Dishman-Mica Road and Bawdish Road, are
stgrialized
39. S chafcr Branch Road i, a narrow two-lane rnad wifh a gravel or lisht Uituminous surface, w}a,ile 44a,
Avenue is a tw•alane paved roadway without cuTbing ar sidewalks. QVoodruff Road is a iwo-lane paved
road without curb or sidewalk A sfigatly raised, 5-foot wide asphalt pedestrian pathvvay border the
aspbalt road surface on the west side a#' Woodruff Roai, between 44g Avenue and Cimm~,~ron Drive.
Sc.hafer $ranch Road dead-ends a shart distauce souah of the site, and 44th Avenue dead-ends same .
distance west of the srte_ •
, Issues raiseti bv nei h~ boa-mg ProPeV au~aers 40. A large nlunber ef neighboring pmperty owz►ers expressed.opposition to the project,hased an
poteniial traffic safety and capacity impacts aiong area roads, firelLmergency access concerns, lot sizes,
hou.sing density, potential drainage aud gadit►g unpacts, impacts an w7dl.ife, impacts on school capaci.ty, .
potential impacts on cuttura] resources, geo-hazard and drainagc impacts, fai-lure tn consider impacts from
the applicant's adjacent developmcnc fo the east, and other cancems. A considerable vohune of writ7ten '
infomxationwas submitted bynczghborizg praperiy owners regardin,g the potential impacts of the projccL
. AgpLoval critcria • -
91. To be appraved, the preli.minary plat must comply with applicable development zegulations; make
apprapriate provision for the public health, safety and generai weltare; make appropriate provision for
apen spaces, drainage ways, streets or roads, other publie ways, gotable water supplies, traasit stops, ~
' sanitary wastes, parks and reerealion, playgrounds, schools and school grounds, critical areas,
. firelcmergency access, sidewaiks for ch~7drenwho reach sr,hool by walking, and othez relc<<ant facts aad planning features; and serve the public use and interest Sec RC`'V 58.17.110, Counqr Subdivision
Ord'unance and County Hearing Eraminer Ordinance. .
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42. RCW 36.70B.030 and RCW 36.7013.040 provide that a camprehensive plan and development °
regulatibns adopicd under GMA shall serve as the foundation fQr project rcview. Wbere aspects of ~
decrelopznent are regulated by local development regulalioaas, or in the absence of applicable developmelat
regulationS are addressed by a comprehensive plan, sucb regulations or plan aze determinaEive of such
aspects of development During project review, the local govemment may nof reexamine alternaf.svcs f:o or •
hear appeals regardin,p sueh items, except for issues of code inlerpretati.oa. This includes, at a minimum,
, the type of land usc permutted on praperty, if the criteria far their approval has been safiisfied; the density
of residential dcvelopment in urban grqwffi areas; and the availability and adequacy of public faciliities
ideniified in a camprehensive plan, if the comprehensive plan or developmerat regulations provide for
funding of such facilities as required by GMA. -
43. Under Washington case la}v, where there is a conflict between the policies of a compreheusnre plan adopleci by a local governzraent and the zoning code or other development regulafions adopted by the local
govemment, the zoning code and deveiopment resulations are controlling over CEte policies of a
carJaprehensive plan. .
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' 44. Under Wa.shingt:on ease law, "conimunity displeasure", st-anciing alo.ne, cannot be the basis for ~
~ denying a Iand we applicattion The decision must be based on the criteria established by statute and local
iI development regulations for consider•ation of the application.
~ 45. Tl.ie LDR zane, which currenfly applies to the site, is intended primarily for single-famly and duplex
. residential cievelapmait, at den5itiss ranging from 1-6 dwelling units per acre. Tbe maximum residential .
_ density (net) in the LD1Z zane is six (6) dwelling units per acre. The mimimum lat area and the minimuLn
lot frontage far a single-farnily residence in the XAR zone, outside a PUD Overlay zane, are 5,000 square .
feet aod 50 feet, respectively. The preliminary plat complies witti the dLvelopment standards of the LDR
zQne. ` 46. The StafrRePort seLs fxtirfh appZicable policies of the CoTxaprehensive Plan. Polecy LTL,.9.1 of the
Coffiprehensnre PIazi recammt,vds that residential densitics (net) in the T,ow Deasi 'ty ResidenLial categary
range from 1-6 dwelling imits per acre. Policy'CJL.9.2 reeammends that the Cou.aty seek to achieve an
avcrage residential density (net) in new developmenl of at least four (4) dwelling units per acre, tbroiigh a
mix of dmsities and hou.sing types. Policy U-L.8.1 recammends that mixed-incomc develapment be '
provideci for in resideiitia] aTeas. The preliminary plat, wkrich has a densiry (net) of 3.9 Npelling units per
acre, specifically implements such policies. 47. Tbe density (net) of the preaimxnary pla4 at 3.9 dweltings umits pc,7 acre, is signi6cantly lau~er thara
the density (net) of six (6) dwelling wufs per acre perruittod in the .LDR zone; bul is logical cansidETing
~ the critical areas designated on the sife, and location of the sitc on the periphery of the UG:1.
48. 1'olicyUL.S.4 of the Camprchensive Plan encauTages the preservation ofheatthy, attractive naiivc
. •vegetaticm, where appropriate, during land develapment, or the use of appropriate native plant cnateriaLs in ~ J
site landscaping. Policy UL..2.12 reeoinmends that ttte site characteristics of residential dcvelopr.nent,
xnctudmg existing trms, be enhanced anci preserveti through sansifiive site plannmg tools. PoJicy TJL.2.15
- encourages the pIarafing of street trces in resi.dential subdivisiQns.
49. Pol.icy R3.2 of the Compre}aerasive Plan recommcnds tliat the County ensure that the design of in6ll ' development pr.t--qerves the character of 1$e neighbozhooct '
50. k'olicies CF.63 and CF.72 of the Camprehensive Plan recammend tbia.t the County prolubit the fextension of water or sewer service to new development ihat will degtade the level of service below i
minimum lcvel of service stanciards. ~
' 51. Policy tTL.7.10 of the CampreheUSxve Plan states that the pha.sing of land developnent shall bc
consistent with the established levels of service far the provisiaz► of public facilities and services within the
UGA Policy UL.7.12 of the Comprehensive Plan sfates that new development within the UGA shall
. connect to pubt.i.c sewer. . •
. 52. The Conciprehensive Plan contains numeroas policies pzotective of designated critical areas, which
" policies are spccificaW implemented through the County Crifieal Areas Orcl'manec. Policy NE.24.2 recommends that development proposals be designed to consider the relenlion and maintenancc of critical
fish and wildlife hal7ita.t areas, and prdvide buffers to protect carridors and water }abitats. .
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53. Policies NE.26.1 and ISE.26.2 of the Comprehevsive Plan state tttat tihe County should coordinate
with the Washmgton State Department of Fis}a and "ATildlife in land use planning and management of fish
~ and wildlife resources; and strive to zmplement measures that cantribute ta tke recavery and/or
managerneni of priority species. Policy NE.26.4 states dat actRtities allowed within desie,nated wildlife
prinrity habitat should not compromise the ]aabitat's quality or fimction.
54. Policies LTL2.20 and T.4a 12 of the Comprehensive Plan encourage new residential developments .
to be amanged in a pattern of connecting streefs and blocks, to allow geaple to get around easfiy by foot,
bicycle, bus ar. car. Cul-de-sacs or other closed sfreet systems rnaybe considered apprapriate where
foPagraPhY or other pkysical Iizn.itations make connecting sysfems impraciical, and under certain othcr
circumstances. .
55. Poliey UZ..2.11 of the Comprehensive Plan promotes the linkage of develogments R6th opcm space,
paxks, naturaI areas and street connsctians.
. Sb. ' Pohcy T.4a y of the Crnnprehensive Plan states fihat adequate access to and circulatian within alI
develapmenL shaIl be mairstainad foz emergency sernice and public transportation vehicles. Policy T.6.2
of Lhe Comprehcnsive Plan advocates safe arad effective traffic cantrol or gr-ade separaticm at railraad aE-
grade czossings. 57. Pol.icy T.3e.1 of the Camprehensive Plan recommends tbat the transpnrtation nehvork provide safe
and convenienl bicycle and wall,zr►g access between housing, recreation, shopping, scbools, community faci7ities and r.nass fransit access points; and fhat obstructiozu and conflicts with pedestriaii and bicycle
movement be min;mi~ed ;
' 58. Pohcy UI,.2.14 of the Cornpreh.ensive Plan reccmmends that separated sidewalks be requir.ed on public raads developed in new residential subdivisions 59. Policy T.3e.4 of the Comprehensive Plan recommends tbai; the County prarraote hard surfacc •
walkway systems, including but not aimitsci to, cancrete, asphalt and brick, as an alternative to sidewalks ~
• tha.t aze separate from roads; if they f'it in with the characteristics of ttae neighbarhood and privatc
maintena,nce is assured
60. Pohcy T.4a 13 and Pohcy UX..2.21 of the Comprehensivc 1'lazi encourage @he development of local
access roads that are cirvi.linear, narrow, ar use othes street designs consistent with safety requirements,
to discourage through ti-aff c in neighbarhoods; where such design fits into the surrouuding street systrans
_ and aids in ixnplemcntmg specific land use design;. 61. Pohcy T_4a4 of the Comprehensive plan recommends tbat ptivate raads be allawed inside
residential developmenfs as aprincipal means uf'access, provided adequate measures are in plac;e to
assure saf'e travel, emergency access arad permanent private maintenance_
62. Pohcy T.4a2 of ttie Comprehensive Plan recommends that the capacity of exisdn, roads be .
. maximized to reduce the need far new or expsnded roads, through the use of signalizatian, i.mproved
' si,graage and other means.
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, 63. Policy T.2.2 of the Compreher,sive Plan recammei►ds that transportation improvements needed to
E serve new developixient be in place at the time nEw development impacts accur, or that afinancial
commihnent, caasi.stent w-ilh the Counfy's Capital Faci7ities Plan, be made to complete ihe improvement ;
within six (6) years. . ,
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64. Poficy T.10.5 of tbe Camprehensive Plan staYf-S tihat impact mitigaCian fees and user-based fees sha?l -
, be considered as a source of fwading for all transportatian improvements requued because of new
. d evelopmsnt 65. Policy T.10.6 st3tes that transportatioD impact fees shall be based on cumulative impacts from Iand .
vses w-ithin a traffic basm, «rith a proportionate share aUocated based on a reasonable relationship between
trips genETated by arry praposed land use and the improvemenfs required
. 66. Guidelines set farth in the 2001 Counry Standards for Road and Sewer Construction ("County Road
Standards') recommend the pravision of adequate vehicular and pedestrian access to all parcels of lauud,
r~inimizing through traffic movements and excessive speeds cm Iocal access streets, logical sfreet pattems, .
cninimiTing vebricu]ar ac►d pedestrian-vehicular coufliet poznts, considering iraff'ic generators m designivg a
street system in a praposed davelopment, prQhibiting dircct residentialloY access to LJrban Pzincipal and
. UrUan. Minar Ar[erials, and consideratian of bordering artcrial routes.
' 67. The Caunty Road Standards require the can.struckion of curb and sidewaik along the puhlic road
frontagc of new develapments within urban land use zonss. The County Road Standards give the Counry
Pngineer, cansiderable discrefion in selecting the roadway seccion to Ue applied in consiructitig new roads
and improving exasting roads, based on uunaerous factars, and in appraving design deviations €rom the
_ County Road Standards. See Secticms 1.08 and 3.03 of Colmty Road Standards. '
68. The stanclards for constructian af private roads set forth in the County Road Standards requare a
private zoad serviug 21 or more lots to havc a paved width of 28 fect, and a miuimuxn I 0-foot wide
~ maintenance and utility easement on both sides of the private roid; unless a desigu deviation is approved _
f
69. `Ctte CQUnty Road Staudards requiee a subdivisian thaC has the cumulative effect af creating a total i
. number bf lots, parccLs ar tracts served by an access raari equal to ar greater t}aan SO lots in a setlzng
wbece the housing ciensity rarages from 2-11 dwclting uttits per acre, ar equal to or greater than 301ots in a
setfiag where the hausing derasity ranges from.25 to 1.99 dweIling units pi:r acre, to proNlde an additi4nal
access road mto the development to serve fire district vehicles. However, if the local fire district 1
concludes that tk►e location and ]ayout Af the developmcmt causes a concc:in for safely, the County F.ngineer
may, undc7 the County Road Standards, require au additianal access r4ad into the development, regardless
of the setting ar uuruber of lols served by an access road. See 2001 County Road Siandards, Section
l .03($).
. 70. The City of 5pokane VaIley has adopted the 2041 County Road Standards by reference. The County
. and the City of Spokane Valley have each adopted Level of Sm-ice "D" (LOS D) as the minimum
accepYable level of sezvice far signalized caad 'mtersections, and adopted Level of Service `B" (LOS E) as
the mmimum acceptabl.e level af service far wa-signalized inteisections.
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HE Findings, Conclusions and Decision PE-1940-04 Page 10
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; 'Prio~'itv'4VildlifeHabitat
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• 71. County Critical Areas maps iltustrate elk and wbife-tailed deGr prioriiy 5vildlife babitaf on the site
and neighbormg properties.
~ 72. 'I'i.ie County Critical Areas DVR stream types msp illustrates a 1'YPe 5 seascmal stream e~ctendi
. ng
through the site, the 6-acre parcel that partiaIIy separafes the marth and south porCians of dic site, and the
praperty tying nartla and south of the site. Such stream gcneraity foIlotivs the path of the Typc 5 stream..
• iltustrated an the preliminaryplat map t}arough the site. The County llNR stream types map aLso shows
an unclassified;iream in the south end of the site, cx-teniding uorthwesterly from the south border t4 the
Type 5 streeam Mustrated on the site. 73. On Tuty 19, 2004, the WashingEon State Department of Fish and Wildlife (WDFDV) submitted a •
letter to the County and the City of Spokane Vailey, requesfing that a habitat manageznent plan be
. prepared foz the preliminaryplat/P[J.D applicabons submitted for the site and the adjacent land to the east
VJD'FW requested that a minimum habitat buffer widih of 100 fcet be ina~.intained on each side of the
seasonal stream runnmg through the site, auy areas containmg aspcn grc3ves on the two properfies be
placed iu a buffer daat caranmts to the requested stream buffer, and the applicani hire a cansolYant to
. canduct breeding bird surveys dur.ing the spring of 2005 using a methodology approved by the WDFW.
NVDFW noted that the <<alue of the two properties to wildlifft; was enhanced by the area's close associatian
wifh ffie qler Creek Conservation Area and the Dishman Hi11s Natural Area, and the existing riparian area
located adjacent to the seasonal streaTn on the site. .
74. On October 4, 2004, fiie applicant's wildlife bialogist Larry Dawes, submitted a Habitat ARanagemtmt Plan for the preliminary plax pr.oposals submitted for the site and the adjacent 17-acre pazceI
to the east in June of2004. The Plannoted that tbe- Coimty's Fish anci VJBdlife Cansen.-atianAreas
database designate Ripa-ian, Urban Natural Open Space, White-tailed Deer ar.td FA pripritywildlife
habitat on the properties; and advised fhat such babitats must bs protected under the Coimty's Critical
. Areac Ordiuance. ,
~ 75. The Habitat Management Plan found that no springs feed the seasanal sirean on the site; the
,
ch.anael for the seasoual stream disappears into the ground several yards (approximately 50 feet) south of '
44"' Elvenue on the site; and no dcfined stream channel exists neaz 44`-h AvLnue on either side of the road, ;
although Z culverE connects the north and south sides of 44h Avenue in the a,lignment of the seasonal ~
stream. ' 76. The Habitat Managcment Plan concludeci that the seasonal stream on the site daes mot qualify as a
. Type 5 stream under the Intcrim Water Typing System adopted f.or farest practices under VVA.C 222-16-
_'031, because ii does not physically connecl by an abovegraund channel system tp a.ANTR Type 1, 2, 3 or 4
Stream; and is therefore not regulated 'Ihe Plan also conctuded that E_Ik priority wild]ife habiEat does not
exist on the site.
77. 1'he Habitat Managemerat Plan'requires that a 100-foot wide travel corridor be established for deer
and other wildlife in the cvrrent preliminary plat, centerecl along the seasonal stream located on the sife,
and extended to 44'b Avenue; ail lots in the preliininary plat be placed at least 50 feet fro.nm the seasona]
stream; a`wildlife protection zone" be set aside ori a large tracl of open spacc; in the westcrty tivo-diirds of
the south parlion of the sitc; and a second wildlife travel corridar be Eslablished tbat eaten.ds northGVestezly
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HE:Fi.nclings, Conclusions and Decision PE-l 940-04 Page 1
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~ througk the n mrthwest comer of the pretimmary pla.t, across the ridge abore the seasanal stream drativ, fo
~ Schafer Branch Road
78. The Habit-at Management Plan acivised that the proposed "wildlife protection zone" tract of apen
i space would protect the prir?aary aspen habitat on the si.te, preserve other native vegetation, and pravide !
daytime protective cover for wi.ldlife seeking to use the norEh part of the draw on the site durirkg darkncss. `I'hhe Habitat Management Plan stated that the hvo travel corridors Nvould provide both a"high" and a "lovr" corridor far dser and other wildlife; be limked to the wldlife habitat located on the 6-am parcel thai . . separal:es a part of the nozt}i and soulh portions of the site, and on the `WiIdlife protectian zane" tract in the
preliminary plafi p.rwi.de connectivify to forested wildlife cortidors located off-site to the south and west;
and pravide important lzralcages for deer that choase to access water sources west anci north of the site.
79. The Habitat IvLamigement Plan requires ihat hameowraers ui the applicant's iwo propoGais maziage .
noxious weeds as required by the Couniy and City, ressidents restrain free-ran,ging pets, dirt bikes and all
terrain vehicles be prahibited off access roads, any disturhed open space areas be re-seeded w-idi native .
vcgetation as prescribed by a qualified biologist, and measures for wildlife habitat protectian be enforced •
through formation of a hrnmeowners association. The Plan requires that sucb, measwes, and other requireti
elements of the Habitat Management Plan, hc included in the declaralian of ptotective cavenants adopted
foz the final plais.
80. The Habitat Management Plan recommended vohmtary measiues far future homeownecs to take m
implcmentin.g mdivviciual site plans fh1t preseave and enhance cvildlif.e o.n their lots. This ineludes bui7d'mg
homes close to the access roads in the appEcanY; projects, minimizing the falling of trees, preseive -
impartant b.ird laabitat, miniauzinig site disturbance beyond a manicu.red yard, landscape to avoid
humanlanimal canflicts and crohance wi]dlife habitat, parficipatinn in WDPW's wildlife sanctuary program, not bm7d fences, and. retainin,e an uncievelopeci habikat bu.ffer o£native vegctationalong the
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backs of lots bordering the draw an the site.
' 81. The Habitat Management 1'lan ack-rowledged tlat it would eliminate part of the home range of the '
- resident deer population, and that resident deer would have to adjust their hnme range so that m.oze of it i
lies in adjacent forested land locaEeci to the wcst outside the UCrA; but that the Plan would implement the
goais of the State Growth Ivlanagement Act, by accammodatrng inczeased bousing density while ~
_ preservivg green space and wilrllife coiridors imide the L]GA , 82. On October 8, 2004, the Counry Deparfnient of Building and Planning provided a copy of the
Zlabita.l Managecuent Plan to the WDFW, and advised WDMV taat it had until October 22, 2004 to
comrnent on. the Plan. .
83. On October 27, 2004, the IArAFW respanded to the Habitat Management Plan; advisiqg that the
buffer pzoposed adjacent to the seasanal stream on the site was stitl not wide enough for babitat pratection,
reitcrating its request ihat a breediug bird survey be canducted, requesting that the Plan conilidez impacts
from the slarmwater plan for the propos,-ils, acknowledging that the open space in the southwest comer of ,
the proposal would provide soene protectian for wAdlife and preservation of inigation con-idors, and
' expressing concem that iraadequatc.measures were proposed to protect the riparian area abutting the
seasonil stream
HE Findings, Canclusions aad Decisian PE-1940-04 Page 12
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84. At the June 8, 2005 public hearing an the prpposal, the Cif.y of Spokwe Valley, in support of its
; SEPA appt;al, submitted a copy of a letter daied February 11, 2005 from WI~FW to Tammy 7ones of the
County Department ofBuilding and Pldnning, regardi.ng the Habitat Management 1'lan for the cturent
! praposaL The Ietter aadicalad that copics were scnt to the City, the Hearing Examiner and others. Both
~ Tammy lones and the Egarnint,~r stated at the public hearing that fhey had not previously seen the letter,
w}uch was not part Qf the project'file bcfoie dze public hearing. 85. . The letter dated February 11, 2005 from WbFW conlended that the FJabitat Management Plan siid
noti fvlly consider the recommendations containeti in the "WDFW 1vlanagement Recommendaticros for
Washingtom's Priority Habitats: Kiparian", which recammend a 150.fc>nt wide buffer for a Type 4 stream.
. This appears to mean a 150-foot wide buffer on each side of the a,ater body. The ]etter implied that the . •
seasonal siream an the sitc was a Type 4 stream; and recommended that the bufr'er width al~ang the
season.al stream Ue increased ta 104 feet cin each side of the stream, ail the aspen stands located within •
such buffer be presercned on the site, and the Cotmtynegotiate arith the applicant to retain the enhanced ,
, buiuIIcr area under a can,servatian casement
, 86_ OnApril 11, 2005, the applicant submitfed the revised prcfun.inary plat map for the prOposal; which
increased the amount of camr.non open space frcmz 9.4 acres in the arigiual preliminary plat to 10.3 acres,
and revised the dimensions of the open space tracG and the location of lots in the prel.im.inary piat The
revisions iDcluded the provisian of a unifcm l Ofl-foot wide open space tract for the seasonal stream in the
. narth portion of the proposal; and a 225-foot wide cannection to Schafer Branch Road far tih"e large open
space tract located %n the soufh porti.on of the preliminary plat. '
87. At the J'une 2005 public hcaring on the propasal, the Ciry of Spokane Valley also aubmitted a
]etter daWd Jurae 7, 2005 fram WDFW to the City, with a copy imdicated to Tammy Tones of the Courary '
. J Departincnt of Building dnd P
laIIUivg. The letter referencui the cuaent proposal; and a1sA refer~,~nced an ,
. rmrelatcd preliminazy plat proposal knaRTn as Ponderasa Estates Ncyrtii (City F~7e No. REZ-23-04lSUB-
15-04), which proposal does not involve the site o«mer and applicant for the current praposaL The
Ponderosa Estates North proposal, submitted to the City in 2004, pmposes the development of 48 single-
• f'amily dwellings an land lying appraximatcly ane (1) mile northeast of the site, at the interscctiom of '
Waodruff Road and 36h Avenue. ~
88.. WDFW, in its June 7, 20051etter to the Cify of Spokane Valley, cvmmented tbaz the seasanal
. stream on the site oiYginated off Broums Mount3in to the southwest, and flawed nartherly th-ough the
current site and be}wd until it entered a wetlaiad complex located on the Pondcrosa Fstates North site.
WllFW stated iu the lettez tbat the seasonal stream was a Type 4 stream under chaptei 222-16 WAC, . from its point of originafion aIl fhc: way south to the wctland The letter coutended tlhat the Habitat
Management Plan fa7ed to praperly. address protectian of the Type 4 stream corridor, siream buffer
Nvidths, protection of riparian habitat, use of the stream carridar arca by birds, deer az►d othcT wild]ife, and
• the importance of the area for wildli.fe mi,gration to adjacent habifat arcas.
' $9. VJDFW, in its Jwae 7, 20051etfer, aLso referenced a letfer from WDFW to the City, mailed on April
21, 2005, regarding the Panderasa L'statFS Id'arth preliminary plat A copy of Ifie Apri121, 2005 letter w as
. submitted at the June 8, 2005 public hearing by the City of Spokane Valley, as part of its SEPA appeaL
' The letter was ad&essed to the City, wa; not sent to the County, and was not in the project frIe for the
. current propacal before fihe public hearing. T'he letter indicated that the seasonal stream in question was
" impraperly typed on the piNR stream typing overaay, the stream was a Type 4 stream. hecause it was
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' BY, Find'mgs, Conclusians and Decision , P8--1940-04 . 11'age 13
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~ spr.ing fed at its headwaters and haci a`Perennial Initiation Point", and that a 150-foot wyde buffer was ~
~ reconamended for sucb stream by WDFW.
~ .90. At the public heazing, the applicant cagtended that the car.aments submitted by WDFW regarding
~ the Habitat Management Plan camiot be considered by the County ar the Examiner, because they were not
~ sub.mitted wiEhin 15 days frcam the date the Plan was issued on October 8, 2004. 91. Parab6raph 1120.060.D.2 of the Coimty Cr-itical Areas Ordinance sets forth the requirements for a
taabitat managemenr plam r~,~part, includ.ing the inctusian af review commenfs by a babirat biologist &om tbe VVDFW. Such parag~aph requires that the WDFW resgond in writing to the Cotmfywith review .
' camments, or -a request far adciilianal infomnation, withira. 15 days from the date of issuance of a draft
. habitat ruanagement plan; and that if VJ'DFW docs not respond wifhin such lirxie period, rcview comments
from WDFW shhall not be zequred as part of the habitat management plan report. The paragraph also
authorizes the County Department of Building and Planning to approve habitat managemtmt plans or
require additiandl information-
~ 92. 1'he response by WDFW regard,ing the Habitat .Management Plan was due on Monday, October 25, 2004, since the 15`h day after issuanee of the P]an was Saturday, October 23, 2004: Howcver, the e,ffecx
, of WDFW's untimely submittal of review commenls and request for informatian on OctAber 27, 2004,
undcT Paragrap}a l l.20.060.D..2.d of'the Caunty Critical Areas Ordirmce, is that the Habitat Management
Plan could be submilted by the applicant to the Couaty as a final report, not tlaat WDFQV arid others would
be barred from later cam.ment An the Habitat Management Pl.an.
91 The rccord indicates that the County, the applicaxit and the applicanYs wildlife biologist did not
become aware of Q4DFW's claim that: the seasonal stream an the site was a Type 4 stream, under the
;
Interim Wati,-r Typing S}s6em sel farth in WAC 222-16-031, until WDFW's ]etter to the City of Spokane
Valley dated 7une 7, 2005 was submitted by the City aI the public hearing. .
94. In 2001, the State Forest Pr.acdces Board adopfed a new Interim Watcr Typing Systecn far streams, .
• lakes and ponds in the farestcd areas of the state, undez WAC 222-16-031. The Lounty Critical Areas
O.rdinance was not ameaded to adopt the interim water typmg system; and contiuued to use the description
_ • of stream types cantained in farmer WAC 222-16-030, the buffers foz such streams specified in the
•
Critical A.reas 4rdinance at the time it was fust adoptod ir►1996, and the County DNR stream typcs map
based on such stream. typing and buffErs. See paragraph 1120.060.C.2.e of Critical Areas Ordivance. ,
: 95. The County Critical Areas Ordinance coul.d argua.bly be considered aut ef cnmpliance aith the
- 0, Mt1, unde.7 best available science principles, for not adopf.ing the new interim water typing system
confained in `VAC 222-1 G-031, and for not coxisideruig.the "WDFVJ Managczncnt Recommendations far
Washingtan's Priority Habitats: Ripariau" ia adopting buffers for such streanas, along with other "best
available science". Hawever, under vesting requiremenls, the prelitnmary plat application must be
_ • cconsidered undez the stre,am typing and associatf;d buffers stated in paragraph 1 a.20.060.C.2.e of the
County CT-ifical Areas Or.dinance.
- 96. The seasonal streazn on the sike qualifies as a Type 5 streaui under the criteria coatained in '
- para.graph t 1.20.060. C.2. e o£ the County CYitical Area Ordinance and former W.4C 222-1 G-030.
. However, the slream has no buffer Lmder such criteria, since rt does not connects to a Type I, 2, 3 ar 4
stream under the criteria, either upstream or downsfrdan. To be aTypc 4 stream under such criteria, a
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• kIE Findings, Conclu.si.ons, and Decision PE-1940-04 Page 14
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sea.sonal stream must inftuencs the water quality of a Type 1, 2 or 3 atream, arad have a minimum channel
wadth of two (2) feet
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97. The StaffReport indicates Ihat the seasanal stream on the site is a TypE S. stream that requir.es a 25-
foat bu.ffer, uncler the criteria specified in garujaph 11.20.060.C.2.e of the County Critical Areas
Ordinance, based on a canctu.sion fhat the stream f1aws ciawnstream into a Type 4 stream. However, as
• acknowledged by County DepartrneTrt of Buiiding and Planning at the publie hearing, this eonclusion was
• er.roneaasty based on the sxnatl segrnent of a Type 4;treazn i7lustrafed on dic; Gounty's DNR siream types '
ma~ that lies upstream of, and daes not directty connect to, a pertic~. of the seasonal stream Iyin north of .
44 Avenue. See testimony nf Tammy Jones.
' 98. Even under the Inlerizn VJater Typing Systt. coutained in WAC 222-16-031, there is timiCed and
eonflicting evidence in the rceard tlaat the seasanal stream on the site is a'I~pe 4 or a Type 5 strearrm. The
appficant's bio]ogist Iar.ry Dawes, contended Fhat the stream is not spritig fed ar,td does not have a
pereunial initiation poirat at its' source. W]aFW did not explain in its cornspondence haw and whet► it
deter.mined that the sfream cvas spring fed at its saurce and bad a perennial initiation poinL Dick Behm, an '
area zesident who was inshvmental rn ]aviqg the Chester Creek Hydrology Study performed far the area .
' watersherl, testified and sutam.it#ed a writte.n statement advi.suig dhat a biologist fAr WllFW had traced the
stream back to its source and faund tth~at it was stream fed See E>:hi~bit MM. However, neither Bettm nor
the WJDFW prcvided any deta~7; regarding such. field 'mvestigaiion.
99. Whetber drainage in the seasonal stream 3ctualty reaches 44m Avenne abwegroimci during a narmal
water yr:ar is not determinative ofwhet}ier the seasonal stream on the site is a Type 4* or 5 stream, either
under the water typing criteria specified in the County Critical Areas Ordmance or the Interim Water '.l'`yping System specificd in WAC 222-16-031. This is because there is na eviaence in the recard that the
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. seasonal strearn on the site flows mtQ a Type 4 or higher stream narth o& and downstream of, the site'. ;
100. Yhysical observatious by the applicant's wildlife biologist, LaTry Dawes, suppart a concluaion that , the seasonal streani bas no abaveground cbaunel connecdon near 44m Avcnue, on eitber side of the road
. However, the owner of land abutting the north side of 44'h Avcnue across. fram the site submitteci a . statement indicating that water from the site "rans tmdei'' 44Ea Avemie into k►is fields fa-om lViarcb until ~
' early J'une in a normal snaw pack year. See letter dated 6-2-05 form Henry PhiIIips_ The statement does ~
not specify whether the water IIowa through a subsurface connection uader the road, or Chrough the '
culvert that passe; tmder the rQad The presence of a culvert undET 440' Avcnue cleazly suggests t}.iat .
wal:et has run tttrough the culvcrt ua the past, although the culvert rrlay have been mstalled to prevent
floadizig during abnorm.ally hi,gh water years. . 1.01. The Wtishingtan pcpartment of Lcology (WDOE), the Dishman kJills Natural Area, dae Spokane
Audabon Society, and others witb training iawildlife rinlogy submitted letters objecting to the Habitiat
Management Plan and/or the impact tha, the density ofhousing in the project would }aave an wildlife
' babitat See ]etters from Margaret O'Cannell, Lawtan Fcuc and Robert Peregoy.
102. The prelunmary p.lat would resen~e over 37% of the site in common open space. The cambinetl
: preliminary plat praposals far the site and the adjacent 17-acre p3rcel to the e•ast would preserve
approximatety 27.5% of the combined sites in eammon open spacc. The leiter submitted by Larry Dawes
at the public heari.ng indicated that basiog the buffier around the seasonal strea.m on a"noticeable brealc in
slope", as recommended by WDOE, would eliminate development of f}ae westerly two-thirds of the site.
FIC Findings, Conctusians and Decisinn PE-1940-04 Page 15 •
' Preserving the aspen patches in the soutiaeast portion of the ccsmbined sites, as recommendrd by WDFW,
. and preserving ffic exiunsive ceanothus shrub fields located in the southe71y two-thirds of the east portion
_ of the cambined siies, as recommended by WllOE, would eliminate znost of the remain.icg partion of the .
site, and much of the adjacent parcel, from development At some pomt, such reservation of Iud
~ eliminates "reasonable use" of the property. 5 ee paragraph 11.20.0403 of County Critical Areas .
Ordinance.
103. 'i7ae Cotmty llepartment of Building and Planiaing accepted the Habitat Management Plan. See
' StaffReport. Tbe applicant's wildlife biologist, I..arry Dawes, submittcd rebuttal lettm ansi testified at the
public hearing io support of the Habitat Managenaezit Plan. This included a vegetatitve plarabing plan tn . mitigate the impact of the stormc~,atcr detention ponds placed in the common open space in the prelimmary
pIat. Such infarmati.on, alang with the Habitat Maaagement Plan, establish that the highest quality babitat .
for deer, birds and other wildtife habital will be preserved on the site and adjoining 17-acre parcel to the
east; and that the 100-foot wide comdor conLiining the seasonal stream, tagether with the open space connections to Schafer Branch Road, and fhe; w•ildlife habitat preserved in the south gortian of the preliminaiy plat, provicie an adequate travel comdar for deca and other wildlife that connects to the larger
wildtife habitat arcas located to the north, soutih and west The applicant advised that the hcunes
developed on lots abutting the we;st side of the 100-foot bu$'er conlaining the seasonal stream would be -
. physically located at least 220 feet fram the hvmes developed on the lots abutting the east side of the 100-
foot buffer. '
104. The infornaation submitted by Larry Dawes establishes f.hat the revised prelirninary plat map was
designed 'm accardance with the recammendations of the Habitat Managerraemt Plan; ffic rezrised
stnrmwater plan for the preliminary plat, mi6gated by the praposed vegetative plantiug plan, and the geo- _
hazards on the site, will not adversely u.npact pzioc'rry wildlxfe habitat; there is an insuificient basis w
require the app.licant to prepare a bird study far the site; the relimin lat will not ' ~ Jp ary p imgact attareatened
. or endangered species on the site; the prcliminary plat wi71 not bave any significant adverse impact an a
priarity wildtife habitat or species; and the Habilai Yvlanagement Plan meets the requircznents of the
Couril:y Critical Areas Ordmance and relevant policies of the Compreheasnte Flan. Alsa see testimony of -
iM.ichael Nilssan, P.E. Geohazards, drainage
. 1
105. County Critical Areas maps illustrate an erocb'ble sails geo-hazard along, and vvest of~ the draw in
- the southerly three-fUUrths (3/4) of the site. Soils maps illustrate soils classi.fied by the County Criticat
Areas Ordinance as presenting a severe tlueat afwater erosion in such area of the site, incIuding Bhla and
BaB soils, as well as a small portion of BaD soils located in the middle part o£the extreme south end of .
. the site. 106. Neighboring property owners, and the City of Spokane Valley in iLs SLPA appeal, contez►ded that
the site contains slopes equal to or exceeding 30%, and that the 10-foot cantours ill.ustrated an the reviseci
preliminary plat map aze inaccurate; based on the 5-foot contours illustrated on the orig'm al pzetuninary
. plat map and the slopes illustrated an the Critical Areas geo-hazard maps wed by the Counry and the Criy
of Spokane Valley. See Ietter dated 6-6-05 and testimciny subm.itted bygeologi.st Eberbardt Schmidt
• 107. The Cowaty Subdivision Ordinance only r.equices tliat topogaphic infarmation be shown ati 10-faot
i.ntervals on a preli:manary plat map, if any slopes cxceed 10%. Tt.}e geo-hazdrd provisions of the County
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HE Finclings, Co.nclusions and Decisian PB-1940-04 Page 16
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Critical Ordinance authorize the applicant to submit more speciJic infoamation to refme the general lcvel of
informadan. provided by f.Eie mapping of geologically hazardous areas on the Connty's Critical Areas
~ maps. .
1 108. The contours illusirated on the revised prelimmary plal map are based on an actual survey of the site
conducted-by ffic applicant's siuveyor after the arigiraal prelimmary plat map was submitted; which survey
indicated fhat the sife does not contain all the variations m Fapogcaphy shown on the originai preliminary
, plat rnap. See testimrnry of CIiff Cameron The survey must be comsidered mare rehable f.hau the cantvur illustxated on the ori,ginal preli:minary Plat map and the Coimry geo-hazard maps. The contows
on the revised prehmmary p]at map do indicate a fcw smail areas w-bere the slopes approach 30%.
109. Daaiel Burgard, a soils scientist, submiited a letfer dafed Juae 5, 2005 expressing concern that the
geo-bazarci evahiation report submitfed by Mir.hael Nflsson, P. F-, on bebalf of the applicant, did not
. specify the amount of grading to be pect'armed an the siLe for develapment, or discuss mitigating measures
- far construction rn the erodible soils on the site. .
110. Al the public hearing, the applicant actvi,ed thaL due to the revision. of the vvater plan for the
. proposal, there wi1l be no large retaining walls, significant grading or large scate mwement of earth on (he
• site resulting from site develapmerat; and cuts and fi11s would be balanced in the final plat The applieant
advised that more grading would be dane for the projact proposed east of the site in the City of Spokane
. Valley. See testi.mony of Cliff Cameron and lvl'ichael Nilssor. '
111. 75.e geo-hazard report submitted by Micbael Nilssan, P.E., on January 31, 2005, the concept
cirainage report submitted byNilsson on ScpteTnber 14, 2004, and the prelimiuary geatechnical evatuation
repart attached to the concept drainage report prepared try STI Narfhwest fail to note the small aznounl of
. the BaD erodible soil lacated in the zniddle part of the extreme south end of the site. However, the amission is not importaat, since no deveIapmeat is propased in the BaD soils an the site.
112. The gco-hazard report subzrsctted by Michacl Nilsson, P.L., an Janiiary 31, 2005 observed no
eviderat signs of severe erosion on. the site; noted that a majority of the erodible so~7s area would be Ieft in
open space and not developed; fotmd that the soils an the site, based on soils tests done on the properfy,
would ha,ve satisfactory work-ability and be adequately suited for subdivisian development purposes such
as utdiry, drainage and roadway construction; developme,mt in the area nf erodtble soils would not
, endanger public safety; and concluded that an erosion and sedimerat control plan prepared in accordance
with best manageznent practiees arid impleme.nted during construction would hetp reduc;e the ercasiou
potentiaL '
113. The geo-hazard evaluation report could arguably have gone fariher in recozmnending erosicrn control
• measures during consstruckion, pazticularly for the construction of howing. Hamvever, such concerns are
addressed by Couuty Eugineering canditia4s of appraval #23 and #24, which require a geotechnical
investigation and mitigating measures for substn-face canstruciion, ia the event sballow bedrock or ' ~
groundwater are located under the surface of the site; poCential restrictians on basemeiits aud othcr.
. . subsurface canstructicm; that the final plat dedication identify those lots where below grade canstniction is
prohibzted, and the preparation of a temporary erosian and sedimentation control plan prior to final pla.f appro-,,,aL County Building and Planning can.dition Af approval # 19 requires the final plat to cor.upl~, wiih.fhe recommendaiians cantained in the gea-bazard eva.iuafian report Counfy F3uilding and PLmning
corasii.tion #17 requues the final plat to campty with the Caimty Crilical Areas Ordmarace.
\ J HE Firi,dings, Conclusio.as anci llercision I'8-1940.04 Page 17
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~ 114. Erin Cunn?nehamRucidets, a hytirrogeologist, cballen,eed the adequacy of the sor7s testing done for
the concept cirainage plan sulxnitted by the applicant, and the abi7ity of the sails underlying the proposcd , J
drainage detentian ponds to i.cifiltrate seormwalf.7. See letter dated cancerns in a letter dated June 7, 2005.
However, such concerns are based, m part, an the elevatian contouis illustrated on the ariginal preliriimary
~ plat map, which must be rejected im favar of tbe; contours iIlustrated on the revised prelimmary plat map to
the extent they are inconsistenk The letter also makes debatable assuinptians about the presence of
' shallow bedrock underlying the azeawbere Ponds C1 anci Bl are illustrated oia the relv-ised, post-developed
concept draicage plan submitted for the project See attachment to letter dated 6-7-05 from Michael •
Nilssan to Couuty E.ngineering.
_ 115. County Engineering accepted the revised conccptual c3rainage report submitted far the project on
June 6, 2005, subject to the acceptability of placement nf the drainage facilities within the riparian buffer,
. based on input from the applicant's w7dlife biologist and the RTDFW. Such caDd.itian was submitted
before T.arry Dawes, the applicaAt's wildlife biologist, submitted a vegetative plararing plan far die
detention ponds prnpdsed 'm the common apen sgace in the propased dcvelapment Couziry F-ngineermg
conditian of apprwal #32 reqaires the nattzral Iocation of the drainage systcm an the site to be preserved ,
116. County Engineering candilions of approval require the submittal of fina] road and draiuage plans,
. and a fia drainage report, tbat complywi4h the County CuideIines for Stormwater N1anagerraent and the
County Road Standards, pricrr tcj final plat apprwaL County Engineering eanditions #27 aud 28 require a
site investigabon and full-scale drywell tests to be performed by a qualified geotechmical engineer to ver.i#'y
infiliration rates uiilized 'm the drainage dcsign, priar to final plat apprwaL This includes the areas where
the drainage detentaon. pands are propased. . ,
117. County Engineeremg condition of apprcn-al #26 requires developed volumes of storm`vater to he
disposcd uf an site, and azry starmwater dischargc:s fram the development to hc controIled to pre-developed
rates. The revised concept drainage plan does not discharge any stornawater anlo the arljacent l 7-acre
parcel to the east, and provides for the disposal of st.onnwater frorxa such adjacent development through a piped ccmveyance system into a drainage detenbon pond located oa the current site.
. . ~
118. The 1997 Chester Creek Hydrology Shidy suggests that inclusion of undeveloped properties in the ~
uppe.r waiersbed for the Chester Creek drainage in the UGA, where the site and adjacent 17-acre parcel to ~
the east are located, and the developnmerat of such pmperties, could worsen f.loodiT,ag conciitians in the lawer
' ChesUer Creek watershed area. Hovever, the revised drainage plan.for the proposal w-ill actually sligbtly
. decrease the volume of stonnwater leaving the site. See testiariony of Michael NiLssan, P.E.
GYitical Aquifer. R,echarge Area
. . 119. County Critical.Areas maps illustrate a critical aquif,ez recharge area (CA.RA) area of high
suscePtibility I:o groundwater coritam,IIaation on the site. The preLiminary plat compliw with the CA.R.A,
provisians of the Coun.ty Critical Areas Ordinauce, through. the prnvision of public sewer and required
compiiance with the County Guidelines for StarmNvater Management Couraty Engineering condition #29
assures compliance with the drainage rcquirements of the CARA. regulatians.
. . Traffic Impacts
; 120. Caurity Engineering conditions of appmval require the applicant to improve 44(h Avenuc io a
. . .
. HE Findin,gs, Cooclu.sions and Decision PE-1940-04 Page 18
Collector Arterial roadway seciian alon,g the frantage of the site, including the additian of 9.5-11.5 feet of "
asphalt, and curb and sidewalk. Thc canditions also requirc the applicant to improve Schafer Bratich
Road alorag the frontage of the site by adding approxanatety 27 fwt of aspba]t, curb and sidewalk,
. cdnstructing a cul-cie-sae at the southwest comer of the site; aad strip paving Sehafer Branch Rozci to a
~ wid@a of 24 feet a1ang the frontage of the 6-acre parcel that divides part of the north and south portions of
tihe site. Such conditians provide dat the County Engineer may accept a minimum 10-foot wide aspbalt
parhway in lieu of sidewalk -
121. Thc Ciry of Spakane Valley requested that the applicant prwide mitigation to improve pedestrian
safeCy a]ocig 44`h Avenue between the site anrl WoodruffRoad; and suggested that this inc}ude
. construction of a 5-foot wide sidewalk, constructed of cancrete or "asphalt concrete paveaaenY", an the
south side of 440'Avenue between the site and Alooclriff Road, and offset five (5) feet from the wcisting
pavemGnt edge along 44aAvenue. See leiter dated 5-2405 from Joktn Hohman of City of Spokane
_ VaIley Public Plark-s to Tatnmy Janes. This request was generalty supported by atraffic engineering
consuitant retained by the City. See P.actubit E. °
122. 'A slighfly raised, 5-faot wicie asphalt pedestrian path is located adjacent to the pavernent on the west
side of Wnodnuff Road, between 44" Aveaue and 1'anderasa Elemeniazy School, which school is aocated
at the northeast corner of Woodruff Raad and Cimmaran llrive. Such improvement appears mtended to
facilitaze travel for studeu.ts walking to school alon,g such siretch of Woodruff Road
123. The writtm comments sub.mitted by the Central Valley SchooI District on June 6, 2005 requested
. t}aat sidcwalks be provided along the streets in the fmal plat for students waiking to school ar waiting for a
schaol bus, a hard surface area be provided at the perir.neter of the final plat to seave as azi off-street
~ J waiting area for studcnfs waiii.ng to baard a bus, area lights be protiided at areas designated by the district ~
as potential bus stops, and the privatc roads in the final plai bc made wide enough and have adec{uate ;
turning radii foz school busses. ,
124. At the public hesuing held an June 8, 2045, Dave Jackmam, the Director nfAuxiliary Services for
the Central Vaiiey School District, requested tha.t the applicant construct an asphalt walking path along
44`h Avenue berivc;ern the site and Vdoodnif'f Rnad; considering increased traffic along 441 Avenue, the j
projF;cted addition of 44 elementary sbudcnts residing in the prelinninary plat, fhe addihian of middle scbool '
and high schanl students residing in the prelim.inary plat, and tbe Iack of a good walkmg area along 440'
.Avemxe west of Woodruff Roacl. • 125. The Traffic Impact Analysis (TZA) report submitted by the applicant's traffic eugineering consultan4
• dateti Jamiary 28, 2005, discussed pedestrian safety for students; but failcd to realize that a 5-foot wide
• raised asplaal.t pathway already exists along the west side of Woodruff Road; and failecl to acknowledge
the mare nar.row paved w-id8t of 44h Avenue, ancl the lack of adcquate shottlders along 44`1, Avcnue for
shidenls waildng to school between the site and Woodruff Road
126. The right of cvay width of 44h Avenue in the vicinity is 60 feet The paved width of 44'h Avenue in
the vicinity is considerabty nanower than the 37-foot wide paveci width required for an Urban CoIlectar -
• ArtErial under the County and Ciry of Spokane Valley R.oad Standards.
127. 'T'he need far pedestriau acccss foz students along 44"' Avenue between the site and Waodniff
~ A.veuue was also supported by Robert Bcrostein, P,E, a traffic engincGring con-Wtant retained by the
,1
HE Findings; Conclusions and Dccision pE-1940-04 page 19
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~ Ponderosa Neighborhood Associaticm Bernstein noted the aciditianal traffc and students generated by the proposal, the narrowness of the existing pavezneni along 44ffi Ave..nue, and the itiadequacy of the exislYng
~ shoulders alcmg poriion; of 44"h Avemue for walking_ See letter dated 6-6-05 from Robert Bemstein, and
~ t;EStimanv of Robert Bcrnsteia 128. The applicant requested that several contingencies be placed on extensian of a peaestrian facffity
` along 44ffi Avenue east of the site; including that construction be limited to a 5-foot wide dsphalt-pathway,
. the applicant be ai,lawed to locate a temporary pressure sewcr line serving the applicazit's proposal under
the pathway, placed at least six (6) feet from the existing water main located at the existing edge of the
pavemari, pending extension of a penaanerat sevver line and associaxed road imprcrvements alcmg 44h
Avenue programmed for the area by 2009; constrniction be delayed until the cflmpletion of Phase One (50
lots) of the prelunmary plat the improvement be made within the eldsting right ofway alang 44'h Avenue,
considcring grad"uig, tree removal and draii►age issues oa the south side of 44h Avenue in the -.7cuuty,
. financing af the pathway eactension be don.e by the City of Spokarae Valley through the road improvement
district (R1U) process, with ffie applicant cflntributing a proportionate sbare of the cost aDd other detafls
refe.reraced in the applicamYs letter ta the City Public VJorks Department dated May 23, 2005. See
Cestimany bf CIiff Cameron. ,
129. 1he applicant cited the N'earing L'.xaminL's 2001 decision approving the preliminary plat of "
• Stoneharse Bluff (File No. PN-1786A-95), for an 88-acre site located 'm narth Spokane Counly, as
precedent for alloarnng canstruction of the pedestrian pathway to be delayed until Phase One of the current
pre]iminazy plat is finalized, and 6nancing of the pathway through a R7U. kiowever, such decision did not
allow canstructiora of such impravemerats until com.pletion of the first phase of develapment Such
decision required the applicant for the Stonehorse Bluff praject to sb-V pave a road located between the ~
siEe and nearby schoels prior to issuauce of a buildin,g peamit or use of the properiy; but zf adequate right
of 'vvaywas acquired, to also install sideiva]k, curb and drainage on one side of such street, subject to the County firsf attempting lo frnm a RIU to finauce such additional improvements.
130. The gravel shoulders along 44h Avenue between south Fazr Road and WnodruffRoad provide a
wider and more evcn walking surface than the narrowf,7 wd less graded sbouldeas located along 44
Avenue behveen the site and soulh Farr Road. See tesEuuony of Cliff Camervn. Tlae appl,icant shauld be
required tn xrasta]l a pedestrian facility alarag 44°i A.venue betwem the site and south Farr Road prior to the
~ developrnent of }aousirag on the site, and ta install a pedestrian facifiry along 44°i Avenue between south
Farr Raad and WoodruffRoad upon campleCion of Phase One of the preliminary plat 'I7ie insrallation of a
temporary sewer line under such pathway must be worked out with the City of Spok-.ne Valley.
131. The requirement for off-site pedestrian pathway Unprovements are roughly proporEionaxe to, the
•
unpact of the project an pcdestrian safetyalon,g 44'ffi Avenue to the east, and wi11 directly benefit fvture
- student.s and other pedesfrian, in the project The applicant's responsxbiliry for the off-site pedestrian
faciliry along 44#' Avenue may be reduced propartionatelyif the applicant's adjacent prelivciinary pla.t to
. the east is approved, the G`ity fprms a RID for impravements alcmg 44"' Avemie, ot public sewez is
' • extended in 44" Avenue with associated road impr, ovements prior to completiori of Yhase Oae of the
ciurent prelimmary-plat . 132. The TIA prepared by the applicant's consulting traffic eqgineer was accepted by County
, Fngmeering, and Coimty Engineering certified transportatian conciirsency foz the proposaL The TIA was
. aJso found acceptable by the Ciiy of Spokane V'alley Public GVarks DepartLnent except regarding the off-
.
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• H:E Findings, Conclusions and Decision PE-1940-04 Page 20
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j , site pstiesUiaru facility along 44' Avenue requested by the City, and except for the fre Evacuafion analysis
in the T7A, w-hich City Pabiie Warks advisE;d was the review responsibility of the City Departinent of
~ Cammucuty DevelopmenL
~ 133. The TTA establishes ffiat the proposal will not have any significant adverse impacts on f.he level of
service (LOS), ar on traffic safery, at area intetersectious at the finae ofbuild ouk The cumulativc traffic
' generated by aiubient traffic growfh and backgraimd projects, incltuling the approved Mi.ca Vic-vv
pzel.iminary plat, was properly considered in the TLA, The divided duplelc project proposed along Sclaafcr
Road near Aishman-Mica Raad is not considered a ba.ckground project but the record indicatea that even
if the traffic from such project is added to the trafific anatysis in the TTA, the LOS at the intErsection of
Schafer Roac3/CJniversity Itnad and Dishman-Mica Road would sh71 be acceptable. See frs6moay of T'odd '
WhipPle, P.E. .
134. Sight distance concerns at road intersections in the City of Spokane Valley impactad by t-affic froirx
the proposal and the appfic3raYs adjacent proposal, raised byRobert Bemstein, P.E., and neighboring •
praperty owner;, were not proper]y suprported by accident stafistics. Tlae City of Spo]sane Valley accepted
the traffic capacity and safery anatysis conta.i.ned in the `I7A. See Exhibit E. 135. Ianice CaapersteID, a neighborimg property owner, raised a concem at the public hearrvg regarding
the grade of 46'b Lane in the preliminary plat The applicant testifieci that the County would require tt►at 46 Lb Lane be designed and gaded to meet the 12% mdximum gadr; requaed for private roads imder the
County Road Standards, arad meet County design requirements at the infiersection of such road and Scbaf.er Brancb Road See testQ.nony of Cliff Carneran.
136. The proposal has tivo (2) privafe road connecfions to 44t" ~venue and ~►ne private road connection to ~
Schafer Branch Road, provides direct acccss for some lots to 44 Avenue and Sehafer Branch ltoad, and -
proYiides for future cozmections to the road system located to the east through two (2) private road
cannections fA the adjacent prelionary p]at progosaL ~
. 137. The propczal and adjacent preliminary plat pravide adequate arterial access anci local access raad ~
evffiectivity. Cumulative traffic impacts from such develapznerats will not result in the capacity of such '
roads being exceeded See Exuibit J, and teskimony of Todd Whipple, P.E. ~
,
138. Required road impravements to Schafer Branch Road wa71 improve safety concerns associated -,crith the steep grade, short sfopping distance and tuxning radius ai the inf.erscction of Schafer Branch Raad and
44"' Avenue; alang with providing a'paved road stuface, curbing, sidewalk and a new cul-de-sac. Schafer
BrarYCh Roaci cturtsntly dead-ends a shart distwce south of the site, without a cul-de-sac or other appreved
• riirnaround See iestimany af Tocid GVhipple, P.E. and CIiII' Cameron.
k'ire Access .
139. On July 22, 2004, Spokane County Fire Dishrict 8 submitted a list of requircments for the
preliminary plat This mcluded completian of an evacuation study by Pire District 8 and other gertinent
agencies, prior to final plat appraval, which studywould determine the ability to safely evacuate residents
using the two main accesses out of the Poncierosa area onto Dishmazt-vlica Raad, i e. Schafer Road and
Sands/Bowdish Roads. The dncuznent recommended t}hat the traffic study prepared for the pmposal cover
~ •
IiB Findings, Conclusioxis and Decision PE-1940-04 Page 21
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• the need for an c` acuataon, and the capabi.lity of the roaci system e3citing the Ponderasa area to handle
' approximately 5,000 to 6,000 vehicle; in a set period of isn.ie. ~
J~ 140. Todd Whipple, P.E., the applicant's traffic eugineering consultant, spent several hours with
1 LieutenanC Archer of Fire Disfrict 8, and obCained key docvments from Lieutenant Archer to prepare an
evacuatian traffic analysis for the Ponderosa area and the propasal. This fficluded the Fire Starm '91 Case
. Study, the Juty 2004 Pauderosa Neighborhood Bmergency Ovezview, and the August 2004 Ponderosa
Evacuafiara Plan. WhipPae also considered oiher reference dacuments and coG►ducted ot.ier di.scussians to
refine the evaciaaxi.on. analysis. 141. The fire evacuatifln anatysis coniaiued in the TIA assumcd aworst c.ase scenario, tbat all homes m
the Pondercsa area would be etTacuated in a 30-minutc thme frame during a firc:storm typ.c evevf. The
draft analysis was commerated on byFirL District $ staff, revised per Fire District 8 comments, and
favorabty received by Fire District 8 staff after its final revision. See T.TA, and testimony of Todd
Whipple. County Lngineer.ing also reiiewed the evacuation analysis aud found th~l: the assumpticros for
- tlie eva]uation were conse.rvaative in nature and ihac acceptable levels of service would be maintained
142. On 17ccembc,T 7, 2004, the City of Spokane ValleyPubtic Works Departriient reconimended that
arritten approval of the ~.-v3cuation plan cantained in the °I'IA be obtained from the Cily's police chief aud
the fir.e chief for Fue ProtecdonDistrict 8, based on adviee frvm its cansulting traffic engineer. See
. F.xhibit E.
. 143. On January 28, 2005, the '17A, anci the fin; evacuation anatysis contained therein, was finAli ed The fire evacuation analysis eoncluded Ihat wifh the assistance of emergency personnel, as wauld nornlal}y be
the case during a significant fire event an orcierty ;Qow of traffic and adequate level of service couJci be
r.raaintained at the intersections of SchaferlUniversity Roads and Dishma.r.~. Mica Road, Bowdish Road and .
Di.shman-Mica Road, Schaf.er R.oad and G`ir,nrxxaron Road, and Bowdish and Sands Road. The study aLso .
concluded fhat ail otber intersectior.ts in the PcrQCleerasa area would functian adequaiely during such
• mracuaxion, without the need for emergency persouneI to direct an orderly progession of traffic. .
144. On Apn18, 2005, Bill Walbvp, fire chief for Firc Protection I7istrict 8, sart a letlzr lx) Charles ;
. Hafner, a neighborhofld representative, wiuch clarified thai the ctistrict had proiqded 'uaformation for the
. evacuation analysis but did not directly participate in the amalysis. Waikup advised that the fae district
daes not have written adopted evacuation plazis for spec.if•tc neigbbozhoods, and the re5gonsibility for
evacudlion resides primarily with law enforcement agencies. Walkup aLso advised dbat in the event of a
firestorm evcsnt, the disirict would not envision cvacuatung the entirc area, but rathc;r havc citizcns shelEcr
. in phlce or move to an area of refuge.
145. On Apri122, 2005, the fire commissioners for Firc District 8 sent a letter to the County and City of
. Spokane Valley planning degarbments, advising that a typical traffic study, such as that prepared faz the
current project, is predicated on the "nnrmal usage of the ingress and egress", and mast lkely does nat , . consider the impacts of emergency situations or the cumulative unpacts from developmenx 'De letter
recommended ttiat a camprehezuive Iook be taken at the cumulative impacts from developmeni in all areas
ef the ciistrict, Nvith respect to ingess and egress. The fire commissioners' letzer failed to acknowledge or
=derstand that the fire evacuaLion analysis containeti in the TIA cmsidered both the impacts nf
e1nergency situations and cumulative impacts 5rom development on ingress azid egress in the Ponderosa area. "
BE l?i.ndirsgs, Couclusions andDecision Pfi-1940-04 Page 22 ~
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146. On April 20, 2005, the board of fire corumissioners for Fire District 1 sent a letter to the City of .
Spokane Valley, w-ith a cogy sent to County Engmcering and the B oard of Coimty Cocnmissioners, on
'proposed deve?opwents in the Pon derosa The letter asked the City to review such propusais as awhole
and take into account the total impact the develapments would have nn ine,,ress and egress roads m the
' area, advised tbat the two existing aceess roads' inta the area may nat he adequale for ingress of fire
equipment arld egress af citizens in a major wildfae, and sfateti that gossibly wideziing the two access :
roads ar adding a t6ird access would reduce the risk On May 20, 2005, County Fite District 1 submitt;d
specific cammenLs foz the current pre}iminary plat, wluch requested a water plan shovving the install,ation
of new firc hydranis at various intervals, adequate fire apparahus tumarnimds and appropriate road nam.es. ' 147. Neighboring properry owners conteBded that anofiher gf,neral vehicle access out of the Ponderosa
area was needed ia pravide praper fire access for the proposal, and prvvided anecdotal inf'armation
regarding the 1991 faestorm evcnt in support of such contentions. Robert Bemstein, P.E,, testified tkiat an
addidonal vehicle access roule was needed our of the Ponderosa area to deal with fire and other -
, emergencies recurirg an evacvdtian, and to accornmodaie additional growth in the area. BeTnstein ,
expressed concern that one of the two main accesses out of the azea could became blockc:d durmg an
emergency, and okber cantingencies could occur that mighi hamper a suce,essful evacuatian _
148. Marina Sukup o£the Ciry of Spokane Valley.Department of Ccnrznun.ityDevelopment exprwsed
concera regardin.g the adeqnaey of access fur evacua#ion of the area, risk factors associated wiEh an active
rail freight line carrying hazardovs cuemieals, restrictian of access to the area due to the i•loodplain. located
alon.g Che;ster Creek in the area, and the need for the GoLmty and the City of Spokane Valley to develop a
natural hazard miiigafion plan uader fuxieral regulations.
149. The record indicates that ihere were problems with evacuation of residents and figiating firc in the
Pondero;a arF;a during the 1991 &restorm event; due to such factors as iire
spatting, poor visibility due to
srnQke, residCnts not heeding arders to leave their homes, escaping araimals, b}rstdnders causirg cangestion
at the fivo main accesses out of the area along Dishman-Mica Road, mistakes by fire personnel, ot}aer fires
in the greater Spokane area placing a demand an fire persannel, and goar waler pressure due ta downed
' power tmes in svme areas. A total of 14 homes were lost m the Poaderasa area, 10 of which had slaake '
roofs. However, the *cvaeuation wa.s generally successful in evacuating more than 2,500 residents of the ;Ponderasa area, althaugh evacuati.on may have beem more difficttlt had the initial fsre evenLs in the
Pondc7osa area oec;urred later in flie day after resicients had arriveci home from work a'
. 150. Claude WeUs, a retired deputy fire chief %rith County Fire District 9, with a consulting business in '
fire safety, testified foz tbe applicant at the pubfic heariag. WeIls observed that the "cvorst case" fire
evacuation analysis confained in the T1A was only orie possibic scenario for a frestorm event, but was
usefiil in analyzing the adequacy offire/emergency acce5s for the Ponderosa area Wells testifed that
, even witta impact of ftie praposal and ofher new cievelopment praposed m the area, the cxisting two
accesses out of the area via Sc}aafer Road and Bowdish Road, togetb.er with the new at-grade railroad
crossing for frelcmergencyvebicles located off Bates Road, would provide adequate firc access for the '
area; and tbat the praposal would h7cely act as a"firebreak' for existing development locatad east of the
. site. Wells found it unhk-ely fhat one of the two main accesses out of the Ponderosa area to Dishmart-Mica
.R.oad would becQme blocked for any significant length of Ome during any required evacuation of the area.
IS i. The opinians expresscd by Wells regarding the adequacy of 6ze access for the proposal were .
reasonabty based an Welis' expert fire experience, the fire evacuation aual}sis contained in the ''IA, the -
, . .
if-i:i3 Findings, Conctusions and Decision PE-1940-04 Page 23 f
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lessons learned by Zocal fire district personnel from the 1991 firestcrrm and subsequent fire evetits, Counly
f re access and building code standards appficable to new development, the fae prevention measures and
restnictive cwenants planned far development of the proposal, and the proposed hydrant and water paan `
fbr the proposaL Such opinions were supported by the testimony nf Todd. Whipple, P.L., and together
establish that fire access for the cmrent pruposal, the adjacent preliminary plat propcral and the Ponderasa .
area are adequate.
152. The preliminary plat compties wzth sceondary access requircanenLs of pazagraph 1.03(8) of the Couraty Road Standards, since there are three (3) accESS mutes out of the developmenr for the lots in Phase One of the prel.iminary plat, and hvo (2) access routPS out of the development for the lots in .Ptase 2.
C1nce vehicles from the development reach 446' Avenue, other access routes bacome available to the north
and east '
153. The praposal should be canciitioned i'ar compliance w-ikh the water supp2y, ingress and egress, and '
defensible space requireiraeuts crmtained in the wvritten cnmmenfs submitted by County Fire District 8 an
July 22, 2004; the recommeadaiicm in such conimarts tbat restrictne covenants be adapted for the final -
plat, restricting parldng on streets so as not'to hmder access by emergency vehicles; the recommendation
lhat home canstraction be of fire resistive raofing and siding materials; and the May 20, 2005
requirements submitted by County Fire District 1. . .
. 154. The applicant objecfed to imposi.tion of the $500 per lot fee requested by Count}r Engin.eerisag ,
condition o#'appromal #3, far the parpvse of constructing a railroad crossing "ua t3he vicinily" of the
proposal. See Exhlit 7, Apphcant's Memorandum RE: Impact Fees. The record indicates dat the
County has no curreni plans for a crossizig, has not established. where and when the Grassix►g would be
canstructed, provided no estimate of cost or feasibgity of constructing the crossing, and provided na basis
for caiculatiaU the applicant's proportionate share of constructing the crassing. A similar canditiozi imposed for the Mica View preliminary platIPLTD in the area was not chalienged at the timc such propasal
, was being reviewed See te:stimony of County Engineering, and decision da.ted 411-03 in N ile NO. PF,
1746-94IPtJUE-1-94.
- 155. Because frre access for the proposal is adequaze, and County Engineering provided no basis for ~
calculating the $500 per lot fee far construclicm of an at-grade railroad crossing in the vicinity, fhc7e is no
regtda.tory basis undcr SFPt1, RCW 58.17.110, or the impact f.ee pzovisions contained in chapCer 82.02 ;
. RCW ta impose the fee on the a}aplicant ~
Water plan '
: 156. The Certificake af VJa,ter Availabitity fonm eompleted by County 'AFater Disteict #3 on June 17, 2004 cerrfif es that public water as available to serve the preliminary plat and the applicant's adjacemt proposal to the eask The cerEifcation indicates that the water system bas a cwrEnt state peimit alIowing the number
of water taps requested (179), the proposed developr.raeTit is consistent Rith the water purveyw's state
approved water system pIan, the water system is able to provide water in confornaance with mininanm
, leve]s af service below alev3tian 2220 feet, and that water sei-crice above such elevatian will require a
boostcr pump and reservair. The County Departnent ofBuil&g and Plavning certified on sucb form that
the proposal met concurrency requirements far water service. . . ti~
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HE Findings, Conclusidns and Decision PE_ 1940-04 Page 24 .
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~ 157. $etween Febnaary and March of 2005, the appficant's camutting engineers war}:ed with County
Wal:er District #3 staff to dcvise a revised water plan to setve lots in the applicant's tNvo projects located
above elevation 2200 feet Thc revised plan inchxies instailation of a boaster pwmping stabon, but nnt a reservoir, to serve lofs above elevation feet with sarne allawance for grading to reduce the elevation of
lots reasanably close to eIevation 2220 feet to elevation 2220, which loLs can then be served by the
district's current waf.er distiibution systern. There would be no massive ,grading dowm of the lois ]ocated
abave eIevation 2224 feet, as ariginally conteinp]ated by the applicant See appendices 22-24 of F.,xtubit
- A, and tcstimorryofMichael Nilsson, P.L. 158. The revised water plan will meet the 5re ffow, hyclrant spacing and oiiheer water supply requirments
of Water District #3 and local fire districfs. There is no evidence in the recard that the revised water plan
would adverse2y affect thewater system cutrently smring the existing prapaties located along Schafer
Branch Road. •
159. The pzelimmary plat, as ccmditioned, coznplics Rq't}a the water concurrGncy requirements of the
County P}aase 2 Developmcnt RegulatiaFn;.
lic sewer
-bib
160. The Certifieate af Sewer Availabiiity foim completeti by County iJtiiities mdicafes that the applicant
w171 design, find, eanstruct and provide fnancia] surety for the necessary systcros to eYtcnd seiver service
to the site and provide service connectians as required 'ne Counl.y Department of Buflding and Planning
certified ora such form that the proposal mei concuirency requirements for public sewer. 161. The County plans to exEend public sevver to the lanci located ea,st of the site in the City of SpQkane .
Vailey by 2009. Such area, including the applicant's adjaeart proposal to the east, lies inside the 6-year
sewer capital iIIrpro-vemenlprogram area designaled iry the Couztty. To seave the propasal with public
sewer, the applicant plans to extend a pressurized public sewer line in 44m Avenue from the site east to
: Schafer Road, and norfh along Sehafer Road to Cimarron Deive. Such facilities are contemplated to be • retained between the site and so.uth Farr Road, but abandoned easi of Farr Rcaad, at such time as County
Utiliues extends public sewer to the area lying east of the site. See testimany of CliffCameron. There is
no c;ompetent evidence zn the record that the extension of such fac~7ities would have aity si,gnificant,
_probable~advme impacts on the environ.ment • 162. Neighboring property oarraers cantended tbat the County does not have f.uture treatment capacify to
serve the appficazits' prapasals. Such ecmtention w:is based an problems being experienced by the Cowsty
and the City of Spokane Valley in recen4ng authorization from the ATashington Statc Department of
. Ecology to canstruct a praposed sewage treatmcnt pJant along the SpQkane River, to provide additianal sewer capacity for projectc;d future development in the unineorporaisd partion of the caunty and m the
G`ity of. Spakane Valley. However, it was not established that the Countywould nui oui of caPacity for the
applicant's projects. . 163. The prelimiraary plat complies with the public sewer concurrency requirements of the County plaase
2 Iaevelopment Regulations. •
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IM Findings, Conclusions and Decision PE-1940-04 Page 25
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Cultural resources . i
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164. On Ju}y 6, 2004, the State Ofiice of ArGhaeology and Historic Preservation recolramended to the
_ Coeuity and the Ciry of Spokane Va]]ey that a professional archaeological survey be conducted for the
apphcant's proposals on fbe cmrent site aud adjacenY 17-ar,re parcel, and flia1: Iocal trles be consulted
. regarding such issues. Qm November 23, 2004, the Spakane Tnbe of Indians submitbed written camrments -
- to the City of Spokane VaIley regarding the applicant's adjacent propa;al located east of the site. The
tnbe indicated that the area had a high probabffity ofproducing arcbaeological artrfacts and possibly
humans remains, and recnmmmcled tbat an archeological survey and shovel testing he conducted iD all
grdund distUrbing activity.
165. Ora Octobc7 4, 2004, the applicant submitted a cultural resouTces survey for the two propasals,
prepazed by archaeological and histor.ical services staff ai Eastem Washington Staie Univetsity. An
archaeologist far the universily wa.ib.ed the site and amducteci shovel scrapes in various areas of the site.
A lilrsrature review was also canducted for the vicinity of the projects. The survey disclased no cultural
r.esources eligible far listing in the area of potential effect on the sites, but recommended that if cultural
resaurces are unearthed durmg project activities, work sbould be balted and a qualiB.ed archa.eologist be
coDfacted to assess the sigai.ficarace of the resource. Such recomnaendation has been included as a
conditian af approval The survey was acceptcd by the State.
. 166. The proposal, as conditioncd, will not have arry significant adverse impact an cultural or historical
re56uiCeS. . '
Parks and recreation
;
_ 167. County Pazks and Recreation eommented that there is no Caunty communiry par~s located ncar the
sike, buC noted the proximity of the sile to the 111er Creek C.`onservation Area and the Duhman I-flLs Illatural
.Area. Such agency recommended ffiat the applicant volunt-arily pravide active recreatianal improvements
- within the project, ar provide a yoluntary contribuutian to the County to fund recreatianal opparlxusiiies at
the neazest County park. 168. The County Phase 2DevelopmenC Regalations do not require direct cancutrency for parks, and the
bcar.ramer }aas no au#hority to make manciatory the voluntary coutribu6ons recommended by Counry Parks
vzd Recreation. The common open space in the project m~1y proNqde some passive recreational •
opportunihies for the futurc resideuts of the project 17evelopment of the common apen'space in the
: prelitmnary plat for active recreational apparCunitics would canflict wilh the Habitat Mauageanent Plan'
prepared for the site. "
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Sch.czols
169_ The Central Vaaley School District submibted written comments on Tune 6, 2005, advisizg tihat the
. district anticipated bcing abls to honse studarts iesiding in. the future developzneat, anci hmited its
commenLs to sidetivalk and school bus issues,-as discusseo above. The CounYyPhase 2 Iaevelopment
Regulations. do not require direct concurnsncy for schools. _
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FLE Fiuduigs, Canclusions and Decision PE-1940-04 . Page 26 !
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M~iscelianeons
; 170. The conccrns rai$ed by neighboring property awnerb- regazding views were not substanLiatEd, sinc,e
~ the applicant has abandoned lans to conduct lar e amounts of.
P ~ grading on the site, and constiuct a large
retaining wall along the south boundary. See testitraony of Cai$'Cameron. The County Zoning Code and '
the County Comprehen..cive PI~,m gen:sally dn not protect views. There is no evidence in the record that
the maximurn building height in the LDR zone would be exceeded in the developmeDl of the proposaL ,
171. Any inconsisYency in the flensity, lot sizes and frontages in the prelmninary plat wifh existing
neigbboring development is irrclE-vaLtt, because such features of the preliminary plat comply Rzth. the T.DR
zone. See itCW 36.70B.030 and 36.708.040.
172. The design, shape, size and orientaLion of Iots in the preliminary plat are appropriatc for the
propased use of such lots; and are agprcTriate for the character of the area in which the.lots are located, '
" eonsidering the zoning of the site and adjar.ent praperties, iocaaion of the site in the UGA and the
availability of public services to the proposal. See County Subdivision Ordiuance. 173. Block dimensions in the pr.elir.ninary plat reIlect due regard for the needs of convenient access,
public safety, emergencyvehicle access, toFography, raad maintenance and pravision of suitable sites for
the proposed u,se_ Road alignments in the proposal are designed Rith appropriate catrsidcration for
,existing and plaffied roads, an6cipated tra~"ic patterns, topographic and drainage cmditians, safety and the
proposed use af the site. See County Subdivision Ordin3nce, 174. ThL proposal has been condifioned *for campliance with the I.DR zone, other appficable provisiaonss` J of the CoLmty 7_oning Code, the County Subdivision Ordinance, and other applicable development
regulations.
175. 7fie S[affReport sets forth and analyzes applicable policies of the Compre:hensive 1'lan. The
, Faraminer agrees cvith such' analysis, as supplemen" herein. . '
176. Certain neighboring property owners conteraded tbat the application for a preliminary plat should be
• dismissed undet Section 13.300.108 of the Caunty Code (applicalion review procedures for project
• perniils); because mare than 1$0 ciays gassed betweeu the time the Cnunty requested revision of the
preliminary plat on 7uly 22, 2004 <<nd the app]icant subrnitted the revised 'preliminary plat map gn Apn7
11, 2005, without a"substantial. step" being taken to meet project approval reqaireraaenfs. However, the
, appIicant took several substanaal st,~~ps dwrag this time framc, including preparation of a habitat ,
man~gement platt, the ini4al draft of the TIA, a geo-bazazd evaluation report, a cultural resources study
and a concept drainase plan. ,
Auiharitv of, Citv of Spokane Va.iley ta file SEPA anneal ;
177. The applicant contendad that the SEPA appeal filed by the City of Spokarae Valley, fhrough its
. ' Director of Community Aevelopment Degartment, Marina Sukup, cannot be cansidered by the Facaminer.
Tbe applicant coniendcxl f:hat the City Council for the City of SpQkane Valley did not audorize such
appeal at a public mectizig, or any other time; the City Ntanager had no authori.ty to auiharize the filing of
such appeal; and even if the City Manager had such aeitharity, he did not authorize Marina Sukup to fiIe
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. HE Findings, Conclusions and Decision PE-1940-04 Page 27
the appeal_ See Applicant's Memorandum re: Appeal of City of Spokane Vailey, Director of Commuruty
' I) eve]opment
!
' 178. The applicant contended that RCW 35A 13.080, which sets £orth the powers and dufies of a city
manager in a council-mana,ger frnm of gavernment far a nan-charter code city, daes not auf.horize the cify
mauager of such city to commence "9ega1 proceedmgs" or "}itigatian" an behalf of the city. The applicant
cantended that onty the Spokane Valley City Coimcil could autharize the commencement of legal
proceedings or liagatian on bevalCof. the city, because RCW 35A.13.230 vesis all ofsuch city's poivez ba
its ciry aouncil, except insofar as such power and authoriiy is vested 'm the city manager...". The
applicant cited the case of Washington Public Trust Advocates v. City of :Spokane, 120 NA'n. App. 892, 86
P.3d 835 (DlvisionLLT, 2004); for support.
179. Marina Sukup, Directar of the City Caatmtmity Development Dc;rpartment, testi5ed that the City
Manager and City Deputy Attamey agrced f.hat filing the Sk?PA appeal was a`tainisterial act" in
furtherulce of Sukup's adzninistralive duCies, and did not requ've farmal Council action; the City Manager
authorized her to Cle the appeal; anci the Ci.ly Council was briefed regarding Sukip's intent to file the
• SEl'AappeaL Sulsup canceded that a judicial SEPA appeal would require action by the City CounciL
180. UndF,~r IZCW 35A 13.080, the city manager in a councfl-manager farm of government far a nan-
cbarter code city has general supervision aver the admiaistrative affairs of the code city, is required tA see
that all laws aud ord'uiances are faithfully executed, has other express duties, and is required Eo perform
such ottier duties as die couxicil may detcamine by resolution or ardiraance.
181. Ptrsuant to RC`V 35A 13.230 and 35A. ] 1.020, the city cauncil in a council-manager form of
governne;nt far a non-charter cade eity has general ccmtrol aver the "lcgislati:ve" a.ffairs of the city. An
action is corasidered "9egislative" if il declares or prescribes a new law, policy or plaia; but is
"atiministrative" if it merety executes ar purses a plan a3ready adUpted by the legislative body. The
dccision to undertake a major public project is con.sidered legislative; but initiating and prosecuting •
. litigali.on to determine spccific iighfs, iiabilities and responsibilities concemin,g a pariicalar project or. city
ordiDance are considered admitlistrafive decisions. See Ruano v. Spellman, 81 Wn.2d 820, 823-825; cited
, in Wi2shington Fublic TrustAdvoc(ites v. Ciry of,S)9okane, supra. 182. The Spolane Valley CiryManager, and ffie l7irector of the City Community Devel.opment
Departrnent, are respansible foz admznistering the development regulations of the City adopted by the GSity •
Cotxncil. This includes permittting and cond.ilicning lancl development within the City, as well as
• co-mmenting on land develapment proposals located outside the City tbat have impacts inside the Cily on •
• the City's public infrastructure, oi that are subject to regulatian undcT the City's development regulations. 183. The tErm "local agency" under SEf'A includes a c'rry and its legislative Uody, and the departments
• . with the city. -See N'JAC 197-11-762. The County's SII'A Ordmance gives broad authority ta local
agencies to camment an the environmental anpacts of a la.nd usc proposal an such agency. Such
ardinance also autihorizes any person fo file 3 timcty administraiive appeal of a Deteim.ina6on of
\TOnsignificance (DNS) issued by the County Deparbnent of Building and Plannmg, without regard to
st:auding at the acirninistrative appeal level. See Sechon 11.10.170 of Coumty Cnde, and `'VAC 197-11-
680.
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, HE Finciings, C4nclusions and Decision. PE-1940-04 Page 28
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184. Filing an ariministrative SEf'A agpeai under the County SEPA Ordinauce does not cemstitute `7egal
proceedirags" or "fitigation", which tercns apply to aciions in a court of. Iavv. The City's filing af a SEPA.
~appeal is an "adminisirative" xnatter subject to the discretivn of the City Manager and City Depar(rnent of
~ COmmimity Devclapment, not a"legislative" matter re.quiring action by the City Couuci7.
~ 185_ The case of yPushingion Pubdic Trust Advocates v. City of Spokane, supr¢, relates to the power of
• the rraayrn of ffie City of Spokane, a first class ctaarfcr city with a strong mayor farm of gwernment, where ' the mayor holds the execurive puwez of the city. Such case relates to superiar court litigafion brought and
. ma-iotained by the strong mayor, is distinguishable fmm the preseat circumstances on the facts, and does
not directiy suppart the appIicant's pwifion_
. 186. Thc City's SEPA appcal filed by the Daector of the City Department of Community Develapmeat
- was propcTly auihorized, .
SEI'A issues -
187. Neighboring prapertics aatnsrs contmded that the DNS issued by the County Department of
BuiJding and Planning for the preli.n►.iraary p]at was impropr,7, becanse the notic,e af hearing provided an
. May 23, 2005 was issued before the .DNS was issued on May 24, 2005, and mcorrectly advised that a
Mitigated Deternaination of NQnsignifcauce (MDNS) was issued
188. The n.okice of hearing wa..~ issued priar to issuance of the DNS, in order to titnely meet n'vtice of
heanmg requiremEVls fQr the public hearing on the preliEn.inary plat The DepartcncnC issued a DNS on
~ May 24, 2005, msfead of a MD\TS, because the applicant did not agrree to the terms of a mifigaLmg condition requested by the City of Spokane Valley Public u'ork-s Departmaat on May 24, 2005, which
required the applieant to mstall a 5-footMde sidewalk alang 44`6.Avenue betweea the sit:e and Woodruff
1Zoad. See letter claled 5-24-05 from City of Spokane Valley to Tammy Jones, reFile PE-1940-04/SUB- 07-04/FU-D-04-04. . ' 189. The error in the notice of hearing was harmless, since there is no evidence that the error misled anyame. The DNS was available the day after the hearing. Auyone readuig the notice of hearing wauld
bave had to mspect the projoct fi1e at the County to determine what mitigating conditions were included at►
. the MDi1S, and woiild have ciiscover.ed that a DNS was issued The Ponderosa Neigbborhood
Assaciahon and the City of Spokane Valley boLh stressed the need far a sidc;walk or pathway alcmg 440'
Avenue m their SEPA appeais. 190. The City of Spakaae Valley centended in its S,EPA appeal that it should be lead agency for the
proposal, because the projecl has propotfiionatety p,reater em7ronmental impact in the City dhau in the
unizacorporated area of the county.
191. WA.C 197-11-924 (1) requires, in pertinent part, that the fazst agency rcceiving an applicatiQn foz oz
. initiating a ncmexempt proposal shall deteimine the lead agency far the proposaL A"proposat" means a
- "propased action". "AcCions" inctude a deGisian an a specific pmject, such z•ts a constructian acfiivity
located ia a defined gaographic area, and include agency decisions to license azry activity that will directly
modify the emircmment See GV.AC 197-11-784 and `TJAC 197-11-704.
192. 1be "proposal" ar"pf0p052.d aCL10I1" in the current cizcumstances is the preliminary plat application.
HE Findin,gs, Conclusions aaad :Caecision PB-1940.04 PaPe 29
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I The County was the first agency to receive such applicaiian, and is therefore respansible for determining
I lead agency stattis. , .
193. R'AC 197-11-924 (3) requira an agency recen-mg a lead agency determinatian to w}uch at objects ,
- to either resnlve the dispute, wiYhdravv its objections aT petiition the Washington State Department of
Ecologyvvitlun 15 days ofreceMng its objectior.u. WAC 197-11-924 does not requize the agcncy
_ determining lead agency status to specifica]ly notify other agencies that it has assumed lead agency status.
194. The County mailed a SEP: A checklist to the City of. Spokane Valley and oiher affected agencies, and
notified such agencies by menaorandum 029 it was caDducting SFPA review for the project, on July 6, 2004. On Ju3y 28, 2004, the City Deparimenl; of Coiumuaify Development requested the Couraty ~
Deparfinent of I3uildmg and Planning to consolidate the necessary SEPA reviews and public hearings, ,
because the applicant vras proposing adjacemt preianicmry plats an both the County and the City. The County declined to do so, pursuant to a letter dated August 4, 2004. !
195_ The City did not request lead agency status for the prapcral unbl it filed its SEI'A appeal on hme 7,
2005. The request was not timely submitted under WAC 197-11-924 (3).
196. WAC 197-11-930 provicies fhat far proposed private projcets for which there is only.one agency
-witt.i jtirrisdictian, the lead agency shall be the "agencywitb jurisdiction". An "a.gency wifh jurisdictian„
means an agency witti authority to approve, veto or finance all or part of an exempt proposaL WAC 197-
11-714 (3). T'he City of Spokane Valley has no approval authoriry aver the current prelimmary plat, siace '
- the sitc is located outside the City limits. The prelimmary plat can be approved or denied ixudependently of
the applicant's adjacent praposal locai:ed in the Ciry.
. 197. WAC 197-11-932 protides that for private projects ttiat require nonexcmpt l.icenses fram more dan -
one agcncy, the lead agency shatl be t}aat county/city widiin whose juzisdiciinn is lacated the greatest '
portion of the project area, as measured in square feeL The site is located entirely in the unincorpnratcxi
area, anci the City has no authariry to apprwe or deny the preliminary plat application. The Counl:y is
requ.ired to be the lead agcncy fnr the prelimmary plak
198. The City's SEPA appeal and the Ponderosa Neighborhood Associatiom's SEPA appcal contended i
, that the environmental review of the preliminaryplat did noY cansider the cwmulative impacts fr.om the
• preliminary plat and the applicanC's adjacent project ]acated in the City, and did nol address various d'u-ect
aad iudirect impacts affecting boih projects. _
199. The preliminary plat applications were submitted at the same bme in the Cotmty and the City. The
-'T7.A, the cancept drainage plan, Habitat-iv.iauagement Plan, Cu1tus'al Resources SiLrvey, vvater pldn, scwer
. plans, ~.cre ~.vacuation plan.~, geo-hazard evaluation, and I7I~TS take into aceflunf the infrastructm-e ncaecls
fnr, and cuinulative impacts from, both preliminauy plat proposals. This does not preclude SEPA'review
by the City for the adjacent preliminary plat proposal The City retains authoriry over any permits aeeded
. to extend public sewer and install a pedestrian path along 44(' Avenue inside Ihe City for the current
prelirninary plat, ar adjacent prelun.inary plat praposaL
200. The cnvironmental checklist, as suppleanented by the County Department of I3iulding and Plannir~g,
adequatety cansidered the ectviranmental impacts &oin the current prelimmary plai '!he DNS prapvray
j
HE Findings, Conclusions and .[7ecision PE-1940-04 Page 30
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_ c,onsideTed such impa.cts. T'hc; prtfpasal, by ifself, or m conjimction witla the adjointng preliminary plat
proposal, will not have mare tvan a moderate ef,fect on the quality of the environmmf.
,
201. Cc,7tam conditicros of agproval for the prelim.mary plat have becn added or revised by the Pxaminer,
in light of the abocoe ftndings of facL .
Based on the above frndings of fact, the Hearing Exazra.iner entets the following:
M. CdNC1.,USIONS OF LAW
1. The preliminary plat, as conditianed, generaily conforms to the Camprehensive Plaa, 2. The preluniDary plat aad dedication will serve the public use and interest and make appropriate
provision for the public healfh, safety aAd general welfare. .
.3. The preliminary plat and dedication make apprapriate provision for open spaces, roads, drainage
ways, schools and school grounds, playgrounds, paz}s and recreation, sidewalks and pathways for
. children who walk only to school, public iransit, nan-motozized traosporlation, sanitary wastes, potable
water supplies, easeznents, utflifies, plauning features, critical areas, and alI other relevant fiLcts as
specified 'm RCW 58.17.110 and the Coimty Subdivision Ordinance. .
4. The praposed subdivisian mcets the general design requiremenLc speci.fied in Section 12.400.122 of
the County Subdivision Ordinance, and other requirements for preliminary plats listed in Chapter 12.400
of such ordinance.
% 5. The SLPA appeals of the Determinatian ofNonsignificance (llNS) issued for the proposal were _
filed timely. T'he Iai.rector of the City of Spokane Vallcy Community Development Department was
" authorized to file the SEPA appeal submitted an behalf of the City af Spokane Valley.
b. T?ie environmeutal checklist, as reviewed and supplemented by the County Departrnent of Bualditg
: and Planning, containt;ci a sufficient disclosure of the envircanmental impacts of the proposal.
7. Tkie propo6al, 'as candifinned, wa7l not have a probable, signiticant adverse impact on the '
environm enk
. g. The fhreshold de[erminatian made by Cauniy Department of Building and plammng regarding dic
euviranmental impacf of the proposal is cnfifled to substantial weight
9. The DNS issued by County Department of Building and Plannmg far the proposal was not
clearty erroneous, or arhitx-ary and capricious. The SEPA appeaLs of the DINS issued for the proposal
sbould bc: denie& •
• 10. Signi.ficaalt new infrnmation an the probalile adversc environmental mpacts of the proposai, by ifself
or in canjunctian Nviih the adjoining proposal to the east; was not submitted that cannot be reasonabfy
mitigated thraugh conditions of approvaL
11. `I`he procedural requirements of SEPA arad the County's Local Fnviromnental Ordinance wcre met
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FIB Findings, Conclusions and Decision PE-l 940-04 Page 3].
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~ 12. The prel.uninary p1aY, as canditioned, oomplies with the LDR zone, other relevant prcrvisions of the
~ Couniy 7oning Code, the County Critical 4reas Ordinance, and o11er applicable development regulatians.
i ' i • 13_ Approval of the pzeliminary plat application is appropriafe imder Section i l of the Couaty Hearing
' Ex~miucT Ordin,ance, adopted by Counly R.esolution i1o. 96-0171. •
N. DFCiSIOv
. Based on the Findings of Fact and Canclusions of Law above, the subject agplicatian for a
prelir.oinary plat is hereby approved, subject to the canditions of the various ageacies specified bclow.
The SEPA appeals filcci by the Ciry of Spokane Valley ancl by the Ponderosa Neighborilood
. Association aze hereby denied.
Any conditiions of appraval of public agencies that have been added or si,gnificantly altered by the
Examiuer are italicized.
This appraval doe.s not waive the applicant's oblieation to comppy wifh atI otZier requiremenls af
orher public agencies with jurisdiction ovcr Iand developmeDt
SPOKANE COUY'TY BUrLDTNG AND PLANl\TIlNG DEPAR'I`iViGNT
1. f111 conditians unposed by the Hearing 1?x T,,;ner sbaU be bind'mg an the "flpplicant", w}uch term ' shal] iziclude the owners and developers of the property, and their heirs, asssigns and successors.
2. The preliminary subdivision applies to the real pmperty descnbeii in the preliminauy plat applicatian
submitted on June 23, 2004. .
. 3. The proposal shall comply with the Low Density Residential (LDR) zone, and all oPher applicahle
provisians af the Spokane County Zoning Code, as amended . 4. The fina] plat shall be designed substaradalPy in canformance with the PreliznimaryPlat Map of
Record submitted nn April 11, 2405. No imcrease in number of lots or dertsity, orsubstanLial
inodificatiom of the preliminary plat or conditians of approval, shzll occw wzthout a change of conditions '
applicatiou and its approval by the Hearing F.xaminer aft'a a public hearing. '
5. The Builciing and Plaiming D'uector/designee shaIl review any praposed final plat to ernure
• co.mpliance with these Fzndirags and Ccmditians of Approval.
6. Afinal plat/naznelnumber sball be irsdicated befare the final plat is filed, such nameJnumber ta be
apgroved by the Building and Plazrning Directarldesignee. 7. Appropriatc raad name(s) assigned by the Departmeni of Build.ing and Plauning shall be ciraited on .
the facc of the fi.oal plat ; . . . ~
HE Findings, Conclvsions and Decision PE-1940-04 Page 32
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8. Appropriate utility easemenls shall be indicated oin copies of the proposed final plat Approval of
ubhty easements by appropriatr; utiliry companies sMll be received Arith the submattal of tihe final plat
9. Four (4) cutrent certi.ficates of titie shall be fiuni,hed to the Spokane County Dcpaitment of
13tu7dine and Planning prior ts filing the final plat .
10. Prior to filing of all or a portion of the final plat, the applicant's surveyor shall submzt one or more
maps outl.ined in red of the area being fmatized 7'he scalc shall maich the appropriated assessar's map
scale.
11. At the tzme of final plat subzra:ittal, the appficant sball demonstrate either on the faee of the final plat
or an an acceptable a.ttachment ttaat all lots located on a cul-de-sac or curvilmear strcct meet or exceed the rrairaimum required frontage. .
12. A survey is required prior to the fa.ling of the final plat 13. 'ifie final plat dedicadon shaJl state: "The private roads and common areas shown on this p.lat are
. hereby dedicatcd tfl the homeawnsrs assoeiatian created by document recorded nndcr S tate document no. " -
• 14. 7'he private roads and cammon areas shat] be considrrcd subservient estates for tac piaposes to the
other lots crealed hcaein .
15. The 5na1 plat shail demanstrate compliance with the provisions of the Spokane County Cri.tical
V J Areas Ordinance; as amendEd.
16. Prior to fuwl plat approvczl, the Counry Depczrtment of Building and Plcinning shall, after
• conrultation with the Washington State DPpartment ofFish and ffrzIdlife and the applicant's wildlife
biologist, require tlppropriate tivildlife habita# mitigation for tlie locaiinn of drainage facilities along the
seasonal streum in tlie common open space of the preliminr~ry plcrt, in the rev~ised eonceptual drainage
nlan submiued on June 7, 2005. The Depcrrtment ofBuilding and Planning may, if it deems appropriate,
; limit m.irigation to that recommended in the Y'egetative Planting Planfor Aonderpsu.Properiy
. Stormvuate'r .Dptention Ponrls discussed in tl:e Zettsr fron: Larry Dmvzs of Biology &Water, Tnc. to .
; Hearia:g Fx¢miizer dated .Tune 7,2005.
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. 17. The final plat shaIl comply with the rocammendations of the HabitaE Alanagement Plan submiCted on
October 4, 2004, as applied to the revised preliminary plat map submitted on flpril.l.l. 2005. The final
plat shall 'also comply wilh the mitigation, tf any, rsquired irY condition vf approval #16 ttbove, which
. mitigarion shall be c_onsidered part of the Hubilat _1llanagement Plan.
• 18. The final plat sball comply with the recommendalions of the Geo-hazard evaluation report dated
January 31, 2005. The identi.Ced Geo-hazard areas shall bc illustrated aa the face of the fmal plat
. .
. 19. A copy of the honeowmezs' association articles of mcQrporatiQn, bylaws, cavenants and restrictions,
to,p,ethes wifh azry other provisions far maiutenance of the private roads and the common areas and
,facilities, shall Ue submitted to the DeparEnaent ofBuildia,g and Planning for zeview and appr(wal prior to
` finalizivg the prelirninary plaL Re stricfive covenants shall be adopted to unplement the requirements of
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FiE Findizigs, Conclusions and Decision :PE-194U-04 Page 33 .
; the ope.n space maaagemenf p]an and County Fire District 8 conditions of approval, and shall require -
carnpliance with th.p County Critical Areas Orrlinance and the Habitat Management Flan.
i 20. Upon any discovery ofpotential or kazown archasological resources at the sile priar to or during
I on-site construction, the developer, contractor, andlor any otlzer parties invohred in construction shall
i irnrnediately ceR.se all on-site, construceion, slsall acr to protect t{zepotential ar known historical and
cultural resources area from ouiside intrusion, and shall notify the County laevelopment ofBuil.ding and
Planrting of said discovery within a maxim um period of twenty faurs from the time of discavery.
21. Lot 7, Block 7 of the preliminary plat shall be designated as common open space "Tract Ia
and 4b`h Avenue shall Le derignQtn.d as "46`h Lune"; in thef'uaal plat.
22. The preliminary plat is given conditiona] approvat for frne (5) years, specificalty to August S, 2010.
To request an eactr,w~ion of time, the applicant must sub.mit a written application to the County llepartmart
of Building and PIauning at lcast thirty (30) days befoae such expiratian date; im accordamce with the
extension of time provisions of the County Subdivisian C?rdinnce. Submission of a time extension
. applicatlon after the close of business hours on the last dap a Ume cxtcnsion request can be timely
submitted will not be accepted, and ttie preliminarp plat will become null and void on Augvst 5,
2010. _
23. The Bwldirig and Planning Department shall prepare and reccnd vrith the Spokane County Auditar
Natice, nofing that the prnperty in questian is subject to a variety of special conditians imposed as a result of
approval of a land u.se actioa Ttxis Title Notice s}aail serve as a public notice of the cond,itions of apprwal.
- affecting the pxoperty in question. Tkie Txtle Notice should be recazded wzthm the same Cimc frame as ,
allowed for an appeal and shaU only be released, na fiili ar in part; by Ehe Building and Planning Departnent.
Tlie Tit1e Notice shaIl generalty pmvide as follows:
"The pai-cei of properly lcg•alIy dcscribed as [insert fegal descriptionJ is the subj ed of a land Ase action by the
Spokanc County Hcaring Fxazruuer an Augnsi 5, 2005, approving an application fnr a prelimmary plat, and .
imposiag a variety of special. develvpment con.ditioAS. Fi.le No. PE-1940-04, relating to such approval, is ;
available for inspectian and copying in the Spakane Coanty Bulding and Plauning Deparfttient" ~
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- SPOKANE CUi7n"I'Y Dl-VIS10N OF Ii,NCT1VFERING ANA ROADS Prior to release of a building permit or use of property a.s prnposed:
- 1. Conditional approval of the p.reliminary plat by the County Pagmeer is given subject to dedication of
right-of-w•ay and approval of the road system as indicated in the prefiminary plat map of rccortl. .
• 2. A traf.fic study has been accepted by the County, Engineer far th.is proposal faz a period of five years,
anore specifically to April 30, 2010. Y:ti order to file azry partion of a plat after the five-yeaz prelirninary plat
appraval, the Coumty Lngmeer may requirc updated tra.fftc infozmation to be submifted and additional
mitigation may be required
3. .7he applicant is nAt obligated to coritribttte the $SDO per lot fmfor catstruction of a railroad
crossing in rhe vicinity, requPSted in cot2dition of approval #3 of the conditions of appraval subrrcttled by
the County Division of Engineering and Roads on Ju.ne 8, 2005for the prelintinary plat.
fM4 Findirags, Conclusions and laecisxvn AE-1940-04 Page 34
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4. A Professiaraal Engineer, licen;cd in the State of Washingtcm, shall submit fmal rcaad an$ draie
plans, a drainage repart anci calculations Chat con.f'orm ta the 2001 Spokane Counry Staradards for Raad
ansi Sewer construction (as updated in 2003), the 1998 Guideliaes f-or Stomiavatex Management, and al.l ,
standards and laws that are applicable to this project Any ftnal raad and drainage plans and a drafiiage
, report shall receive the Coimiy Engineer's acceptance prior to rclease of a canstruction or buildmg permit or approval of the final p]at -
5. A concept drainage plan for this project has been accepted by the Coimly Engineer, However, the
acceptance of the concept drainage plan does not constitute figal appraval of the roads and drainage
facilifies for constructiaa. The County Engin.eer may have additional comments that wi71 need to be . addressed pr.i.ar to acceptarace of fmal raaci and drainage plans. . "
. • 6, Canstructiora u*ithin the pmpnsed public streets and easements shaIl be performed under the direct
supervision of a licenscd engineerlsurveyor, who sha11 fiunish the Counfy Fagineer with "Record
Drawings" plans and a c.erlificate inwriling flaat all improvements wcre installed to the lines and grades
shown on the appruved aanstnaction plans and that all disbuzbed mammnents have been zeplaced.
. 7. No construction work is to be perfoimed within the existing or pxoposed public right-of-way untfi a
. per.mit has been issued hy the County Engineer. AIl work is subject to inspcclion and approval by the
County Engineez. 8. Ail construcfion within the existing or praposed public right-of-way is to be completed prior to filrng
the fmal plat or a hond 'ua the amount estimated by the County Engineer to cover the cost of constructiora of
. improvemenis, construc.tian certificatian, "Reeord Dravvings" plans and manumenhng the street
~centerlines shall be .fli ed with the County Engineer.
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9. Road design, canstruction and ctra'e control for 1/2 right-of-ways and stub mad connections are
the responsibiliry of the developer. .
10. Approach Permifs are required for any access to the Spokane County road system.
11. The applicanl: shall dedicaft: right-of-way as specified in the Spokane County Standards for a cul-de-
. sac at the south-wesi co;ner of plat, far the termination of, Schafc,-r Branch Road 12. Dedication of the applicable radius on Schafer Branch Road and 44th Avenue is required
Note: 'Z'lie applicant may need to grant slope easements in order tv consiruct the frotitage
improvemeats requirati at the interscction of 44°i Avenue and Schafee Aranch Road, which shaU be
determined at the timc of final raad aud drauiage design. -
13. The Couraty En ;ineer has desigvated a Collector Roadway Sectian for the improvement of 441
Avenue wbiich is adjacent to the proposed developinent This will require the addition of 9.5 f,o 11.5 feef
of asphalt The cansiructiara. of curbing and sidewaik is also required
jote: The Counfy Engiacer may accept a pavod asPhalt pathway in lieu of sidewaIk imprwements
prapased in t3ais canditioa rt is anticipated that titis pathway would be a minimum of 10 feet in
' w7dda. .
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HE Findings, Conclusirins and Decision PE-1940-04 Page 35 '
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~ 14. The County Engineer .has designated a Local Access Roadway Section for the impraveznent of
i Scha£er Branch Raad which is adjacent to the proposed development Tbis, wffl reqiure the addition of
~ appraxamatety 27 feet of aspbalt alotig the frontage of the development and canstruction of a cul-de-sac at '
~ i:he south-west carner of the plak The construction of curbing and sidewalk is required Tlae applicant will
also be required to construct a 24-foflt strip pave of Schafer Branch Raad betwee,•n Block 7 and Block 5 of
the prelimivary plat_
Note: T'he County Engineer r.nay accept a paved asphalt pa.thway m lieu of sidcwalk iznpravements
proposed ia this conciitiarL It is aniicipated fhat this pathway would be a minimum of 10 feet in
width. .
15. The private road svall he improved tn aciapied Spokaae Catmty Rnad and Sewer Standards for
. private roads. .
Note: At►y gates used or providing access on the private raad shall bc documented om road plans
and s.hall be ]ocated in a manner acceptable to the Gaunty Enginecsr. The applicant shall alsa
' provide dnctunentalion to the Counfy Engineer that the local Pire laistrict has reviewed aud
accepted the ]ocation and fuaction of the private gates.
16. All vested oa*ners sball sign and recard private road documents as prescribed by the Spokazie
County Engineer. These documents shall be reviewad and approved by the Spakane Counry Engi;neer
prior to recorditig Rith the Spokane County Auditar. Recarding numbers shall be referenced in the
dedicaEQry language of the plat
17. The final plat dsdication shall state: "WARNIlNG: Spokane County has no respon.sibility ta birild, ,
improve, mainta.m or other wise service the private roads contained within or providing senice to the
properly descnbad in this plat By accepbn.g this plat or suhsequently by aIlowing a building peznait to be
issuesd on property on a pr.ivate road, Spakane Counry assumes no obligahon for said private raad and the awners hercby ack-nowledge that the County has no obligation of any land or naturc Nvhatsoever to ' establish, exar.raiue, survey, construct, atter, repair, im}scove, maintain, provide deainage or snow removal
. on a private road This requirement is and shall run tivith the land and sball be binding upon the awner,
. -their heirs, successars or assigns inclucling the obligatiou to panccigate m the maintenance of the private
. road as provided herein."
18. The praposed plat shaIl be improved to tfie standards set forth in 5pokane County Resolutioa No. 1-
0298, as amended in 2003,,which estiblishes regulations for roads, approacbes, drainage and fees in new .
constniction.. 19. The County'Engineer has exaniined tl,ie development praposal and determined that the impact of this
~ proposal upon the existing Coanty Road System wazzants the dedication of addition3l right-of-way aad the
roadway imprwements herein specified. .
20. The a}mlicant is actvised that there may exist utilities, eitkier undergraund ar overhead, a£Fectirg the
' applicant's property, including property to be dedicated or set a.side for future acquiaiticm Spakane
, County wiU assume no frnancial obbgatian for adjustmcnts or relocation regardang these utilities. 'Ihe
, applicant should contact the applicable utilities regarding respansibility for adjustnierat ar relncafian cosfs
- and to make arrangeancnts fo.e any necessary work
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F-IEE Finc3.ings, Conclusions and Decision. PE-1940-04 Page 36
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21. The applicant shall grant applicable bordvr easements adjacent to Spokane CfluntyRig6t-of- R'ay
pcr Spokane Cocmtiy Standards.
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~22. If the project is developed uipbases, a pba;ed raad and drarnage plan shall be prepazed by a licensed
Professianal F.avgineer, which clearly shaw the pbasing of the development The plan must demonstrate '
thai each phase af the development is in confarmance with the appficable Spcl.-ane County road and
drainage sLwdards, aDd the Ganditions of Approval of the plaC If the praject is phasui and one pbase
depends an another phase for aeecss and/or stormwater treatment and dispnsal, the prior phase s}aall be
cQmplaed, certi5ed aisd accepted by Spokane Coumty prior to the acceptance of plans for the dependent
phase of the development Spokane Couniy will not release One-foot no access strips ora. public roads •
until the subject phase is completed,•certified and accepted lry Sgokane County for maintenance. No access through a previous phase of the developmcnt wiIl be allowed and no plara:c will bc ac:cepted by
Spokane Cowity for canstruction imless the priQr phase is certified by the Spansar's Eaginec;r. -
23. IFit is reveal.ed durin,g site investigattion, eitber fbrongh observatians during field visits, historical
data, ar soil sampliragltest pit cxplarati4n, that shallaw bedrock andlor gaundwater is faund in the
substrata, then thffe shall be a sitc mvestigation and study conducted by a quali.fied Geotechnical Engineer
privr to submittal of the road and drainage plans. The report shall, at a minimi , aridress the fcasi`bility of
coastRicting basemmis witbin this dcvelapment and identify tbose lots where,basenents can be proper2y
" canstructed. Lats where basemcnts and below grade level consiructian is prohibited shail also be
idenffed. NO goimdwater sump pumps or grasrity drains may be caffiected to the sanifaiy sewer foz any
' of the lots in fEus plai oz be discharged to publie or private road surfaces. Suitable language shail be
placed nn the ;Face of the plat identifying thase lots where below grade cansfruction is prohtbiteci. All
mitigating measures that may be recammeTaded for lots appraved far basements sball be a requirement ot'
any bwlding permits for said appmved lots.
24. Erosion Cantrol: A Temporazy Pacsion and Sedimeatation Conirol (TPSC) plan shall be prepared by .
• ' a Wa. Staic licensed Professional Lngineer and implemented fbroughout the duzation of canstruction.
The TFT~SC plan shaU be grepared using best tnanagement practices ($Nll''s) curzentty accepted wrdiin the
Civil Fngiueering professiori The TESC plan shall include, at a minimum, a grading plan, locatian and
details of silt control structures, and street cleaning progracn. Runoff from exposed areas must be fltercd
prior to dischargirag into a detentian pond or evaporation pond The TLSC major siruciures (such as silt
ponds, silt traps) shall be installed prior to other site work and the TESC measures shal.l be impiemcnted
and maintained tfaroughout the duration of construction, inchiding house construcfian:
. 25. Any part of the drainage system tbat }ies outsi.de of the public right-of-way vvill neither be
maintained n.or operated by Spokane Couuty forms. Priar to plan aeceptance by the Cnunty Engineer, the
Sponsar shall prcnide a mechanism, acceptable to the County Enginecr, far the perpetual maintenance of
flie stormwater management system This mecbanism shall also provide far the fimding ofroutinc
maintenance and the replacement of the various cornpanenis af the drainaae system at the end of the
seavice life of the respcctive components, and any other ir.nprovemeaits that may be legally required in the -
' future. An Opcratians and Maintenanec Manual for the stormivafet management system sball be prepazed
by tiie Sponsor's Engiueer, and included in the project dacumcnts submitted to the Counry Eaagineer for
acceptance, aIang witti a discussion of the design life of the NmioUS components, a calculated anraual cast
for repaic and maiuteumce, and a calculated replacement cost Homeawraers Associatians are accepted by
the Spokane: County Engineer far carr5ring out the required maintenance fimctions and respon.sibi;lities.
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HA Fiudings, Conclusions ancl Decision PB-1940-04 Page 37
' 26_ Develaped volumes of stormwater shall be disposed of ou-site. Any stomiwater discharges frotn .
the development shall be cantrolled to pre-developed rates. The 2, 10, and 50-year siorms sball be ,J
cantroiled to pre-developed flow rates and votames for the detention faclty, at a mimimum.
` 27_ Tlae soa'Is an-site appeaz io be a combination of soiLs that are pre-approved for drywells, psr the
~ S okane Couz► Guidelir~es for Storazwater
~ p ty Managemeni, and soiLs fhat are not pre-appraved for dry-
~ . w ell:s. Smce the proposed drain.age systeni incorporates infltraiion as a method af stormwater disposal in
• the design, there sha11 be a site uivcstigation.
28. Full scale drywell tests, accordimg ta Appendix 1 of the SpokanB County Guidelines for Storsnwater
. Management, are requized to verify the ir~'iltra.tion rates utilized in the draunage design. The tests are to be candueted by or under the direct supervision of a quali6ed Geotecbnical F gneer and shall be camplete
priar to project ceriifica.tion.
29. The proposed plat is located within a Critical .Aquifer Recharge Areas (CARA) of high snseeptibi7ity
to groundwater caotaz.xiinatinn CARAS are thoLse azeas with a czitical rwlarging effect an aquifers used
for gotable water. T'he treatment of stormwater runoff shall be provided for direcfly ccwnected pallution
gc-nerating impervious surfaces, includsng traveletl ways and parkiag areas that are desiknated as high
suseepttbility or drain to au area of hi,gh suscepttbiliry. The pmposed plat shall protect these critical areas
as reqyuiroci m the County GYitical Areas Orcf.inmce. T'he CARA pravisions of the Critical Are3s
Or.dinance replace the treatment requirLments of the former Aqtufer Scnsi#ive Area (ASA) Ovezlay Zone.
. 30. Upan f'Tnal. plat approval, the Spolrane CauntyEngineer will issue a 1'ransportation Conciv.Tency
Cerfiftcate far rnae bundreci and two (102) PM peak hour trips for a 100-1ot plat
31. The propwal shaIl campty wzth current standards and iaws relevant to star-mwafer drainage, includmg but not limited to Spokane County Code Sectioras 9.14.200, 9.14.202, 9.14.205, 9.14.207,
~ 9.14209, 9.14.210 and 9.14.215 (Resolutron 1-1093, as amended).
32. Preservation of the Natural Location of I?rainage System(s), to ensure that stormwater runo ff can
continue fio be conveyed and di.sposed of in its natwal lacatian, shall be addressed in the drainage ~
. submittai and identified an the face of the plat prior to fmal plat acceptance. _ . '
33. The revised conce tual draina e r art is conditi ~
_ p g ep cmally approved, subject to the mitigatian required
by Cnunty DeParhnent ofBuilding and Planning co►ulitions of approval #16 and #!7 above. .
SPOKA~\'E COUNTY DI`VISYON OF iJT1T.ITIES .
, 1. The dedication shali state. `Public seweis shall be canstructed to pzovide far the connecfian of each
_ parcel to the Coimfiy's system of sewerage. The uses vn_ properties wilhin die project sliail be requffad to
cannect to the sewez and pay applicable r.harges per the Spokane County Sanitary Scwer Ordiuance.
5ewer canneciion perlnifs shall be required." -
_ 2. Publie Sanitary Sewer ease.m.ent shall be sh.cnvn on the face of the plat, and the flna.l. plat dedication
_ sba11 state: "The perpctual easement granted to Spokane Coimty, its succcssars and assigns is for the sole
- ptupose of con.struciing, installing, operaling, maintaiuing, repairing, alfering, replacing, remoti-ing, and atl ~
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• BLFind'm.gs, Conclusions and Decisian , PE-1940-04 Page 38
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- other uses or puipo~eswhich ~re ar may be related to a sewer system Spakanc Counry, its successors '
and assign; at all times hereinaftcr, at f}ae.ir acvn cost and expense, may rerrawe all craps, bnush, gra;s ar
~ txees that may inicrfcre with the constructing, icisGUug, operating, mainiaining, repa.iring, alt:eiing, ,
replacin$, remov°mg and all ot]aer uwes ar pinposes which are related to a sewer system. Ths; grantor(s) '
restxves the right to use and enjoy ihai property which is the subject of this easement for purpuses which •
will not interfere witki the County's futl enjoyment af the righLs hcreby gramted; provided, the Grantor(s)
sliall not erect or construct drry building or other structure or dn7l o-u the easement, or diminish or
substantizally add'to the grau,nd cover over the ease>-nent The easement descn'bed hereinabove is to and '
~ shall run vrifh the Iaad„
, 3. The applicant shall submit expressty to the Spokane County Division af Utilities, under separate
cwer, only Lhose plan sbeets showing sewer pIans and specilications for the public sewer connactions and
, facil.ities for review and approvaL CQmmercial develqpmenfs shall submit histarical and ar estimated water usage as part of the sewer plan subm.itta].
4. Scwer plans acceptable to the Divisian ofTJblities sball be submitted prior to the finalization of the •
project 5. Security sbail be depossited wifh ffie Division of Utilities fOr the ccxastruction of the public sevver
cozmection and facilitie.ti and fai the prescnbed warranty period Security shall be m a form acceptable to
the Divisian of Utilities and in accordance with the Spokane County Sanitary Sewer Ordinance. 6. Security sUall be submittad to the Division of. Utflilies prior to approval of Scwc;r Desigr► Pl.ans.
r~ 7. Any water service for this project shall be prmided m accardance with the Coordinated Water ' .
S`yst:em Plan for Spokane County, as amended.
SPOKAIVE CO[Tl\`TY AIR PpLLUTION CONTROL AUTHQRITY ,
. -1. Dust emissions during demolition, ccan.struction, and excavation praject:s shall be cozitroIled
. Appropriatc measures shall includc but are not limiteci to the use ofwater sprays, tarps, sprinklers or
suspension of dctivity ducing certain weaxher coudi[ions.
2. Measures shaIl be taken to avoid the deposition of dirt and zr.rud from unpaved surfaces onto paved
surfaces. Tf tracking or spills accur on paved surfaces, measures must be talcen im.mediately to clean these
surfaces.
3. Debris eenerated as a msult of fhis prvject shall be disposed of bp means ofher than burning.
4. All iraveled surfwes (ie. in„res,s, egress, parldng areas, access roads, etc.) shauld be paved and
kept clean t.o r.ra_isaimize dust eniissioiis. . ,
• 5. If objectionable odois result froxn f.his project, effective cantrol apparatus and measures shall be
• taken to reduce odors to a mmimum.
B:F.3 .Finciings, Canclusioms and Decisian :PE-1940-04 Page 39 . '
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~ 6. Special attention shatl be given to proper maintenazice of diesel powercd constructian equipxnent to
~ reduce the uzipact of diesel exhaust, a suspended caremogen.
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~ 7. ANoti.ce of Construction and Application far Appraval is required to be submitted and appraved by
SGAPCA prior to the constructian, mstallation, or establishment of an air polluiio.n sowce. This mcludes
emETgency generalars rated at 500 hp (375 bW) or higher, natiural gas heatYng equipment units ratetl at 4
NW:BI'U/kir or higher (input), and heat%g equipment units £red with other fuels (e.g. dicsel) rated at 1
~ MMBT[J/hr (input) ar higher. The appficaut shall contact SCAPCA far a Notice of Applical.ion 8. A Notice of Intcnt must be submitted to SCAPCA priox to any demolition project or asbesto;
project An asbesCas survey must be done by aa AHERA accredited building inspectar priar to the
demoliticm or renovatinn'of bvildings to detenuine if asbestos-coratairxing material is presenl at the site.
Cantact SCAPCA f.or a.Notice of TntF,-nt application.
SPOKANE COUNTY P'TRE I7ISTItYCT 8
: 1. fihe existiag water system should be upgraded to a capabilily of supplying a suskained 1000 gallaTt
per minute fire flow with a residual pressure of not less than 20 PSL .
2. Fire bycisants sbiall be znstalled with approxamately 500-faot average spacing. All hydrauts shall be
capable of su}7plying the required 1000 GPM flQw at 20 P$T and meet othEx applicable standards.
3. Access roads shall meet County road standards. Pazkuag on roadways shall not obstruct or prohibit
the passage of large emcrgencyvehicle.s.
4. If requested by Fire Disfrict 8, the applicant shall assist the district in dpvelopino an emergency
evacuation plan for the proposal.
_ 5. Common arc;as shall be kept in a uainer to resist the ignition and spread of fire. A minimum of a ~
30-foot green. space sha]] be cnnsiructed to buffer homes from the threat of fire. I
6. CovE-nants shall be established to resirict pazking on streeis so as net to hinder acecss by emergency . ~
vehicles. .
7. The covenants sliall reqture that hozne consiructiom be of fire resistive roofing and sid.ing materials.
SPOKANT COUNTY F11tE DISTRICT 1 - 1. The applicant shall provide a water plan shavv'rrag fhe installaiion of new fire hydzmts spaced a
, maduaur.n of 600 feet apart and located at the carners, when possible.
2. Raad names shall be consistent «rith established names in place.
3. Fire apparatus turnarounds are adequate.
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HE Findines, Conclusions and Decisian . PE-1940-04 Page 40
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CITY OF SPOKf11VF, VAI.LEY PURifIC WORKS DEPARTIVIENT
1. IJacceptable to the City of Spokune Valley, the applicant, prior to final plac approval, shall
construct a S foot wide asphalt pedestrian pathtiuay on the south side of 4e Avenue from the east edge
of the plat boundary to south F'arr Road 'fF,.epathwwy sfiall be offset at lenst five (S) feet from the '
. existing asphalt edge on 44`hAvenue, subject to accom,modation of drainage and construction of the
, puzhtiuay within the aristing right of way. Portions of thp pathway that must be located clo.rer than the S-
. foot separation shall have a thickened edge. The elevation of the north edge of the pathway shall
othenvrse be constructed level tivith the edge of the ezisting asphalt, with the south edge co►i.structed at a
2% down gradient.
2. If aceeptable tn the Ciiy of Spnkane Yalley, the applicanL, upon completion of the~rstph2sc of the
fnal plat the applicmit shall construct a similar asphaltperiestrian parhway along 44f Ave.nue froni
south Farr Xoad east to Woodrufi"Road.
3_ The applicant and the Ciiy may agree to alternative carulitianr or requirements for provitiing
pedestrian access along 44`h Averxue behveen the sue and Woodruff Road. 17ie conditions herein are not
. intended to preclude the City from reque.rting alternative improvem entsfor pedestrian access along 44'f"
Avenue, such as curb and sidewalk; in the review of th.e Qpplicant's adjacent proposal locatsd to the
east.
4. The applicnnYs rasponsibiliiy for constructing an of}-site pedestrian pathway under this decision
may be mitigated by road improvements reqccired Qs Q result of the approval of the applicant's adjacent
proposal, forrnation of a road irrcprovement district by the City, or the installation of road impravements
along 44th Avenue in conjuncnon w¢Ph the Pxten..sion ofpublic se►ver to the area by 2009.
SPOKANE REGIONAL HEALTH DTSTRICT
, i. The final ,plat sball be designed as indicated on the preliminary Plat o#'record and/or any atfached
sheets as nflted
. 2. Appropriate utilify easements Shall be mdicated on capies of the preliminaryplat of record distnbutcd by the County$tplding and Planning Department to the utility companies, the Spokane County
Engineer, and the Spekarae .Regional Healfh .District Written approval of the easements by the utility
companies must be received priar to the submittal of the final plat 3. The sewage disposal method sbaTl be as auttaorized by the Directar of Utilities, Spokar.►e County.
4. VJater service shall Ue coordinateci f.brough the Director of Uiilities, Spokane County.
5. Water service shall be by an existing public water supply when appraved by the Regiouat Euginecr
(Spokane), State Departr.nent of Health
6. :Prior to filing the fnal plat, t}ze sponsctir sbal], deinonstratc to the satisfaction af the Spok.me Regional Health District that an adequate and potable water suppty is availaUle to each lot of the plat '
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HE Findcngs, Canclusions and Decision 1'L-1940-04 Page 41 -
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, 7. Prior to filing the fiaal plat, the sponsor sha]] preaent evidence ltat the plat lies within the recorded
sezvice area of the water system proposed tn servve EEie plat ' . J
8. The water purveyor shaIl apprwe a plan fox water facitities adequate for domestic use, domestic
irrigaficm usc;, and fire protection use. The water plan must have been approved by the C.~r.e protection
district and the apprapriate health autharities. 'rhe health autharities, water stipplier (purveyor), and the
fire protectiom district will certify, prior to the filing of the final plat, nn the face of said water plan ffiat the
. plan is in_ conformatace with thexr realurrement, atid wffl adequate]y satiafy theu respecuve needs. Said
. water plan and cerif cation wffi be dratted on a transparency suitable far repraductian.
9. The parveyor will also certify prior to fihng thc final plat an a copy of said water plan t]aat
appropriate contractual airangements have been made with the plzt spansar for construction o#'the water
system, in accordance wifh the agproved plan and time scheciule. The fame schedule will provide, in azry
case, for campletion of the water system and inspection by the appropriar.e health authorities prior to
applicafian for building perrnits within the plat The cpntractual airangemenLs wi1 mctude a provisian
holding Spokane County, the Spokane Regional Health District, and the purvey-or harmless fram clairn.s by
auy lot purchaser refused a building germit due to faillue of the plat sponsor to satisfacton7y complete the
- approved wateT system
10. A public sewer system will be made available far the plat and individual sen7ce will be provided
eacli lot priar to sale. The use of individual on-site sewage disposai systems shall not be autharizecL
11. A statement shall he placed m the dedicatian to the effect that: "A public se`.vcr s}stcm will be
made available for the plat and individnal service will be proNided to each lot priar to sale. The use of
individual on-site sewage disposal systems shall not be authorized" '
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_ 12. The dedicatory language on the plat sball state: "The use of private wells anci water syStEZns is
prohibited" '
13. Tbe fitaal plat dedicatian shall contain the fotlowing statemenC: "`l'hc public rvater system, pursuant
to the 'ATater Plan approved Uy county and state health authoriiies, the local fire protection district, the
CoLmty Building and P132]I11I]g Department and water purveyor, shall be iustal,led within this subdivision
and the applicant shall provide for indixidual domestic water seivice as well as fire pmtection to each lot
prior tn sa[e of each lot and prior to issuaDCe of a building permit for each lot"
. I7A`I`ED this Sth dap ofAugust, 2005 .
SPOKANE COUM1'Y HEARING F.XAMIl`iER
Nlichael . I7cmpsey, WSBA #8235 CIU
Bt- rindings, Coz►cYusions and Decisian PE-1940-04 :Page 42 ~
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( NOTICE OF FINAL DECISI011T AND NOTICE OF RIGHT TO APP~AL
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' Pursuaut to Spokane County Resoiutian No. 96-0171, the decision of the :Hearmg Exam.iner on an
appli.cation far a preliminary plat is final and canchish~e unless withm twenty-one (21) caleradar days from flie
i,b-uance of the Examiner's decision, a party with standing files a land use petifian ir~ superiai court pursuant
to chapter 36.70C RCW Puisuant to c.hapte.r 36.70C RCW, the date of issuance of the Hearing Fxamiaer's
decision is tbree (3) dayb- afrer it is mailed
This Dmision wa,s mailed by certified mail to the Appticant, and by first class mail to ofhez partiies of
record, on Avgust 5, 2005. The daEe of issuance of the Hearing Ecammer's decisim is thsrefoie Augnst 8, 2005, countiag to dLe next day when the last day for mailmg falls on a weekend or ho}iday. TAE LAST
' llAY FOR•APPEAL QF'CHIS DECISION TO SUPERIOR COiTkT BY L4ND USE PETITIQN IS AUGUST 29,2005
. "
The eomglete record m this maiter, iucluding this decision, is on file during the appeai periad with
the Office of the Hearing Examiner, Third Flodr, Public Works Building, ] 026 West BrcaadwayAvenue,
Sgokane; Wasbington, 99260-0245, (509) 477-7490. The file may be iasgected Monday - Friday of each
week, except halidays, between the hours of 8:30 a.m and 5:00 p.m, Copies of the documents in the
record will be made avai7able at the co,st set by Spokane Cotmly. .
pursuant to RCW 36.708.130, affectEd properry owners may request a change in valuatioa for
ProPertYtax PurAoses raotwithsfanding anYProgTam ofrevaluatian. ~
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HB Findings, C;vnclusions and 17ecision PB-1940-Q4 I'age 43 -
SPOKAiVB COTINTI' HEtUt.i.1iG F,X-Ai1ti1~3"ER
RB: Applicaiiou for the Preliminary Plat of ) •
I Yondecosa Ridge, in the Low :Density )
Resideutial (LDR) Zon.e;- ) ORDER CORREMI1\Y(:•
Applicaut: Cameron & Associates ) CLERXCA,L ERROfLS
File No. :PE-1940-04 )
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' I'. F11Yll[N(.~rq O.FFACT
Oxt August 5, 2005, the Hearing.Exa,mincr enfered wntten Findings nf Fact, Cociclusions oF
Law and Decision ("Decision") in the above-referenced file. •.Afl:cr the mail.ing of the decision to partYes of record on. Atigtist 5, 2005, the Bxarlur.ier
discovered that the conditions of approval recammetided by Cenh31 Valley Schnol Disti-ict ru its .
letfer dateci June 6, 2005 had inactvertenfly been left out Uf the ca»ditions of approvhl gortiqn of ,
the deeision. Suc}a reeonxnended conditions are refex•enced in Find'mg of Fact #123 ofthe '
decisi.ozt, were not opposed by the applicant o.r othcr parties of record anci should be iniposed.
1"he l3xatniner also discovei•ed aclerical error m the second sentence of.Pir.tding of Fact
#l S9, which should ha-ve stltcd; "T'lie 17\IS was available the day after the notice of l:earinb was pP'GVId2lI." '
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Section 17 of the kleacing Exanuner Rules of ProcE;dure authorizes the kTeai-ing Bxaminer ta " f
reconsidee or clarify a final decision to correct a clerical error. ~
F
I.T. OIZDER i
Xt i:s hci-eby ORbEREA that the Examiner's NvrittE;n decision ui the a1JOVFre;ferenced mattee ~
cai:ed August 5, 2005 be revised ta add the following conditioras of appraval:
°°cENTRAi. vALLEY scxaoL nrsrRrcr -
l.. Sidewalk-s shaIl be provided alog,e, the traf6c lanes within. the developmeni.
_ 2. A hazd-surfaced area s,h:ill be pra~rided atthe peruueter oi`ihe dcvelopmenf to seive 1s .
an o#fi=street waituig arca for stndents waiting to bnard a school bus. . • _
3. Area lights shall bo provi.ded ai arms desi,gnated by the school disirict as poteniial bus
. • stops. _ 4. Adequzte roact%,ay «adth ancUor hlmiug ratlii shall be protiRderl along the private roads
- iu the developmeni to safely serve students residiug in the devcPopxncnt at ar near the perimeter '
of'the dEVelopmsnt." ' • •
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Order Carrectivg Clerical Errors PE-1940-04 Pagc 1 ~
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' Cc is f5irsher OR.Ia.ER.FsD t},iat t}ae second scntence of Finciing of Fact #l S9 in tbe decis.ion be -
;revised to stafe "The DvS was available the day after the notice of hearmg was pro-,zded."
1'he iast day for appeal of the Exayniner's decisiou, as cevised, shall rerluin August 29, 2005. '
tL cnpy ot'this Orcier was nvuled ta the applicant by certified mail, and by regular mmil te oiher • •
p&ties oi record, on August 8, 2005. DA'1'ED this 8~' day af A«gust, 2005 SPO.KAtNF.; CC)UNTY flEr1;1tIZYC•E•X&n7-lNE1,2
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i'viichael C. Dempsey, AVSBA #8235 .
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Ordcr Correcting CLcrical Errcrrs PE-1940-44 .P3gc 2 ~
AGENDA SPOKANITr, VALIIF,Y CITY COUNCIC,
SPECIAL MEETING
Monday, August 1.5, 2005 5:00 Y.M.
CITY FiALL AT RFnWOOD PLAZA
1.1707 East Spraguc Avenue, First i+loor
CITY HALi.. COUn'CIL CI3AM_BERS
l. Call to brder by Ivlayor Diana Wilhite
2. EXECUTIVL SESSION: [Opportunity Conference Room]
a. T.,abor vegotiatioils
b. Public Employee Evaluation
3. Reconvene ulto Regular Session
4. Adjournmcnt
Executive Session Agenda 08-15-05 Page 1 of I