Resolution of the Cliff-Cannon Neighborhood Council to the Mayor and City Council

WHEREAS, the City Plan Commission, after nearly eight years of process, six years of meetings with hundreds of civic organizations, input from thousands of citizens, and countless hours of deliberations, recommended a new comprehensive plan to the City Council on January 17, 2001, and

WHEREAS, the Spokane City Council, after months of public hearings and study sessions with the City Plan Commission, adopted a comprehensive plan by Ordinance C32847 on May 21, 2001, and

WHEREAS, the wording of the 2004 Street Bond vests this Council with responsibility to determine “all necessary appurtenances, equipment, fixtures and furnishings” for Street Bond projects, and

WHEREAS, the Spokane Municipal Code, Title 17B, Chapter 17B.010, Section 17B.010.010B, states: “Public improvements through the investment of public capital funds, regardless of the source, are to conform to and implement the comprehensive plan,” and

WHEREAS, the draft design of the Bernard Street 2004 Street Bond project does not presently conform to or implement comprehensive plan policies: TR 4.2 Self-Enforcing Street Design, TR 4.3 Narrow Streets, TR 5.1 Neighborhoods for Pedestrians, TR 5.2 Neighborhood Transportation Options, TR 5.3 Neighborhood Traffic Issues, TR 5.4 Traffic Calming Measures, TR 5.5 Arterials and Neighborhoods, TR 7.3 Street Trees, TR 7.4 Pedestrian Buffer Strips, DP 1.3 Urban Trees and Landscape Areas, DP 7.2 Neighborhood Involvement in the City Design Review Process, NE 12.1 Street Trees,  among others, and

WHEREAS, the City of Spokane Urban Forester has determined that eleven of the twenty-two trees presently scheduled for removal are in either good or fair condition, and

WHEREAS, NE 12.5 “Tree Replacement Program” states: “Do not allow tree removal in the public right-of-way without a program for tree replacement.” And further discusses: “The city should adopt a practice of "no net loss" in street trees. Permits to remove street trees should only be granted when they are determined by the city to be sick, damaged, or near the end of life. Removal for life, safety, or other emergencies is the determination of public safety officials," and

WHEREAS, our neighborhood wishes to avoid the possibility of the City becoming involved in litigation over these matters.

NOW, THEREFORE, BE IT RESOLVED BY THE CLIFF-CANNON NEIGHBORHOOD COUNCIL that the City Council and Mayor review the relevant Spokane Municipal Code and comprehensive plan policies and insure that these are adhered to in regard to the administration of 2004 Street Bond expenditures in reference to the Bernard Street project.

Legal analysis
Primer on this issue
Statement in support of this resolution
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