In 2018, Council adopted chronic nuisance provisions in its code to address the growing number of nuisance properties associated with criminal activities. It also strengthened existing code provisions, revising enforcement and waivers for appeal fees. Since adoption of the chronic nuisance provisions in 2018, staff has determined that minor revisions are needed to make the nuisance and fee waiver provisions more efficient and effective. Ordinance 19-014 makes those revisions.
1. Chronic nuisances: Changes language to align city code sections prohibiting nuisances to also cover other types of property such as mobile homes, manufactured homes and recreational vehicles.
2. Notice and Order Authority: Each different case may require a more flexible time period for compliance. The “30 day” requirement is replaced by ‘reasonable period’ while maintaining a specific end date, allowing a more efficient and consistent process for code enforcement staff.
3. Waiver of Code Enforcement Appeal Fee: The appeal fee added in 2018 was intended to ensure due process rights for violators. The City provides an opportunity for appeal, but experience has demonstrated that the current provision is too broad, granting a waiver to anyone making an appeal. This modification limits the waiver only to persons responsible for the violation.
Council unanimously approved sending Ordinance 19-014 to a second reading.
Mayor Higgins, with unanimous approval of Council, re-appointed Tom Hormel to a three-year term to the Spokane County Housing and Community Development Committee.
The JAKT Foundation, sponsors of CRAVE!, Octoberfest, and the Farmers’ Market gave a report on the status of CRAVE! and the just-concluded Farmers’ Market. Crave saw 3,000 visitors, up 40% from 2018. The Farmers’ Market had 17,000 in attendance over its tenure, bringing in $176,000 in overall sales.
With the assistance of City grants and funding from Hotel/Motel Lodging Tax allocations, those projects are becoming increasingly popular and successful.
City Manager, Mark Calhoun, presented his overview of the City’s 2020 budget in the fourth of eight budget discussions. Focusing on Council Goals, Fiscal Policies, Budget Highlights, and Challenges facing the City in 2020, he emphasized the City’s lean operations and staffing levels, strong financial condition, and bright prospects for the future. Economic growth promises to lead increases in jobs, development, and increased revenue to address capital needs. Challenges requiring attention are declining telephone revenues leading to shortfalls in pavement preservation funding, and rail crossing construction. Calhoun mentioned that this is the fourth consecutive year that expenditures in the Street Maintenance Fund exceeded revenue.
Earlier this year it was discovered that the footings in the front of City Hall had not been installed properly, causing subsidence along the east-facing wall. Cracks appeared inside Council Chambers prompting an intensive investigation to discover the cause.
After the City moved into the building in early September 2017, normal end of construction repairs and details were completed or fixed by the construction contractor, Meridian Construction. However, staff noted what appeared to be settling of the building along the curved wall on the east side of Council Chambers.
After advising Meridian of the issue in 2018, staff continued to monitor the subsidence with the assistance of experts retained to analyze the extent of the problem, including options for repair. In February 2019, the City file a claim against Meridian Construction pursuant to the reaching a resolution.
The City has contracted with a structural engineer who has determined that Council Chambers are safe to occupy while repairs are made. Those repairs will commence Wednesday, September 25th with stabilizing micro-pilings being driven 30 feet beneath the wall to arrest further subsidence. Other structural and cosmetic repairs will be made in sequence. All expenses will be reimbursed by Meridian Construction.
Don’t forget OCTOBERFEST this Friday at CenterPlace in the Valley. The keg will be tapped at 5:00pm, so plan to be there...
In an administrative report, Council heard an update on the Washington State Department of Transportation’s (WSDOT) improvements to the I-90/Barker Road Interchange for improvement of traffic flows. Currently, the Barker Road Bridge over I-90 is only two lanes which limits traffic capacity and does not meet height clearance requirements.
To add additional lanes, the existing bridge will need to be reconstructed or I-90 will need to be lowered. The likely solution for increasing capacity appears to be construction of a new bridge. Funding for that project was earlier in WSDOT’s budget but was later diverted to Liberty Lake’s Henry Road Overpass.
Funding remains to improve the eastbound and westbound interchange at Barker Road. Per a request from WSDOT, the City of Spokane Valley will be managing the engineering design of the westbound interchange on the north side of the freeway. WSDOT will reimburse the City for the engineering costs including the City’s administrative expenses. WSDOT will manage the improvements on the south side of I-90.
Improvements for both projects include a single roundabout with additional approach lanes. Those interim improvements are expected to begin failing in 2027, which will be addressed then with two lane roundabouts and added capacity to the Barker Road Bridge over the freeway.
The interlocal agreement between the City and WSDOT specifies that the City will design the westbound interchange for WSDOT and that the City will be reimbursed for its costs up to $900,000. All construction costs for both segments of the project will be borne by WSDOT.
Each year, City Council hears requests from various outside agencies for grant assistance for their efforts. These agencies work on our behalf for various local economic and social services. The City’s 2020 budget provides $244,000 for that purpose. Of that amount, funding has been set aside for a contract with Greater Spokane Inc. for $43,000 which calls for that organization’s assistance in recognizing and attracting new businesses to Spokane Valley. In addition, $19,000 has been allocated to the Greater Spokane Valley Chamber of Commerce for its assistance in communication, advertising and business development.
That leaves $182,000 remaining to be allocated among other applicants. The City uses the process of granting funds as a means of contracting with those agencies for services it might not otherwise provide. Those services include a variety of business development and support for social needs. Total applications this year amounted to $789,535, from 20 applicants. Clearly not all grants can be awarded, and in most cases, requests cannot be awarded in full.
At this Council meeting each applicant was permitted five minutes to present its case for funding. If, when Council members individually consider the amount to award each applicant, an agency does not get four or more votes, they will not get further consideration for funds. An agency cannot receive more money than they applied for. Any money that is not able to be allocated because it exceeds a request, is reapportioned among the remaining applicants.
Councilmembers will deliver their recommendations to the City’s Finance Director for grant awards for each agency selected. The total amount of the Councilmember’s awards can not exceed $182,000. Agencies receiving four or more votes for a grant will be awarded the average of Council’s award recommendations. Any funding suggested for grants to agencies receiving three or fewer votes will be distributed evenly among those agencies that received seven Council votes.
Council will make those awards at its October 22nd, 2019 meeting.
Coming next week: First Reading of Code Compliance Amendments; CRAVE and Farmers’ Market updates, and another review of the City’s 2020 Budget.
Washington State law requires the City to hold a public hearing on revenue sources for the 2020 budget to consider public input. On August 20th, Council heard an administrative report on the 2020 budget where the subsequent required public hearing was set for September 10th.
Prior coverage has reviewed the revenue and expense projections for the operational budget, which continue to be on track, but a new element has been added for 2020. In the face of rising problems associated with homelessness, the City intends to add a ‘Crisis Response’ person, a behavioral health specialist, to ride with City patrols when responding to calls involving situations where remediation other than incarceration might be required. The Crisis Response person would be better able to address the situation and direct the offender to appropriate services, thus saving time and resources.
The estimated cost of such a program is $100,000, some of which might be eligible for grant funding. Grant money might also be used for transportation and outreach teams to assist in addressing the City’s homeless problem.
Over the past two years the City has been working on the Barker Road/BNSF Rail Crossing. Having approved the final design for the crossing, efforts have been underway to acquire the right of way necessary to build. Negotiations have been successful with some of the landowners involved; however, with others, negotiations have reached an impasse. Should future negotiations prove unsuccessful, the City may have to exercise its right of eminent domain.
Such an action requires that the City have a ‘final action’ ordinance in place. Ordinance 19-012 identifies eight parcels which if negotiations are not successful will result in initiation of condemnation proceedings. Federal law provides for favorable compensation in the event of condemnation. Further, the process provides owners ample opportunity to state their case if they believe the proposed compensation is not fair.
A motion to suspend the rules and approve Ordinance 19-012 passed unanimously.
On May 1, 2019 the owners of a property on the northwest corner of Broadway Avenue and Thierman Road submitted a street vacation application.
The property owners have requested the street vacation since the proposed area to be vacated is improved with pavement and maintained by businesses currently using the area. A City traffic signal on the property is protected by a prior utility easement, and the requested vacation will allow contiguous properties to continue parking vehicles associated with the resident businesses in the ROW, thus presenting no change to current conditions.
The Spokane Valley Planning Commission, after a public hearing on the issue, voted 5-1 in favor of approving the vacation application. Council voted unanimously to move the ordinance allowing the vacation to a second reading.
In a motion consideration, Council approved transfer of the right of way acquired for Trent Avenue (SR 290) in the completed Barker/BNSF rail crossing to the Washington State Department of Transportation (WSDOT) per an Interlocal Agreement between the City and WSDOT.
In the continuing process of assembling the City’s 2020 State Legislative Agenda setting forth the priorities Council received an update from Gordon Thomas Honeywell, its Legislative Lobbyists, on the prospects for the upcoming session. Further review and refinement of Council goals will occur in November.
The City annually participates in the Spokane County Community Development Block Grant (CDBG) program funded by the Federal Housing and Urban Development. The City receives a 20% set-aside which in 2019 will be approximately $331,000 for infrastructure projects.
The City is proposing to commit its 20% for 2020, estimated to be $330,000, to provide funding for sewer grants for qualifying homeowners. These grants will be used to assist in a program to eliminate the remaining septic tanks near the Spokane River on Barker Road. Recent County Assessor data shows that within the target area, there are 44 parcels that currently have residents who qualify for a Senior/Disabled exempt status.
Using this general guide, the total amount of assistance that could be available would be $454,960 which could be covered with two years of CDBG set asides. Completion of the program would provide significant protection to both the river and aquifer. Council consensus to move forward with the plan was unanimous.
Next week Council will hear applications for its Outside Agency Grant appropriations.
The 2019 Washington State Legislature passed a bill authorizing local jurisdictions such as Spokane Valley to receive a rebate of a portion of the state sales tax collected within its their boundaries. The rebate, .0073%, would be to be used for “qualifying” expenses relating to affordable and supportive housing as defined in state law.
In order to qualify for these funds, the local jurisdiction must adopt a resolution of intent no later than January 28, 2020. That resolution must be followed by an enabling ordinance before July 28, 2020, authorizing acceptance and use of the rebated sales tax.
Any funds received from the rebate comes directly from State funds, decreasing State revenues while increasing Spokane Valley’s.
IMPORTANT NOTE: This rebate does not increase the sales tax paid by consumers in the City of Spokane Valley.
The amount of revenue rebated to the City at .0073% is estimated to be approximately $178,000. That money may be used by the City to help fund qualifying projects within its borders or the City may partner with other regional jurisdictions, pooling their resources to fund larger projects.
The money cannot be used to fund construction or operation of homeless shelters but must be used for longer-term low-income affordable and supportive housing. Cities with under 100,000 population are permitted to use those funds for low-income housing vouchers. However, Spokane Valley may well be over 100,000 in population at the next census and thus may lose that additional flexibility in application of funds. Motion to approve the resolution to apply for the rebate passed unanimously.
An additional rebate is available under a somewhat more complicated procedure requiring voter approval of an additional tax. Action on that additional aspect of the law is separate from the first part described above and may or may not be acted upon by Council at a later date.
Sullivan Park, north of the Sullivan Bridge, is a 16-acre park owned jointly by the City of Spokane Valley (5.3 acres) and Washington State Parks (11+acres). Washington State Department of Transportation (WSDOT) owns 13.84 acres immediately north of Sullivan Park which it has determined is surplus to its needs. When WSDOT approached the City to ascertain any interest in acquiring that property, Council determined that it was indeed interested in expanding Sullivan Park by purchasing the additional property.
Because the property currently contains aluminum dross resulting from its bordering the Union Pacific Railroad’s transporting aluminum, actual transfer of the property to the City will occur 60 days after the railroad completes the mandated cleanup specified in a Washington State Department of Ecology order. Purchase price for the property is $844,000. Motion to authorize the City Manager to purchase the property passed unanimously.
In 2018, Council adopted chronic nuisance provisions in its code to address the growing number of nuisance properties associated with criminal activities. It also strengthened its existing code provisions, revising enforcement and waivers for appeal fees. Since adoption of the chronic nuisance provisions in 2018, staff has determined that minor revisions were needed to make the nuisance and fee waiver provisions more efficient and effective.
1. Chronic nuisances: Changes in language to align city code sections prohibiting nuisances to cover other types of property such as mobile homes, manufactured homes and recreational vehicles.
2. Notice and Order Authority: Each case is different therefore a more flexible time period may be needed for compliance. After discussion, Council suggested replacing the 30-day time period and replacing it with a ‘reasonable period’ but maintaining a specific end date after a warning prior to issuing a notice and order to comply. This allows a more efficient and strategic process for code enforcement staff.
3. Waiver of Code Enforcement Appeal Fee: The appeal fee added in 2018 was intended to ensure due process rights for violators. The City must provide an opportunity for appeal, but staff experience has established that the current provision is unnecessarily broad, allowing any person making an appeal a fee waiver. Staff proposes modifying the fee waiver to limit it to legally necessary applying only to persons responsible for the violation.
Lots happening on Council’s next meeting, September 10th. The City budget will be revisited as well as action on condemnation, Barker Road right of way acquisition, and much more. Then, on September 17th, Council will hear Outside Agency Presentations.
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The City Council holds more formal meetings the second and fourth Tuesday of each month and holds Study Sessions on the first and third Tuesday of each month. Agendas, minutes and background materials can be found on the City’s website: www.SpokaneValley.org by 5pm the Friday before each meeting.
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