Spokane Valley City Council Highlights May 2023

Your Connection to the Spokane Valley City Council

May 30, 2023

This Study Session of the Spokane Valley City Council commenced with seven action items, largely aimed at clearing up unfinished business. In order they are:

• The second reading of Ordinance 23-011 amending the City’s 2023 budget. The amendments increase revenues and expenditures by $20,175,745 and $29,131,846 respectively spread across 12 accounts. The motion to approve passed 5-1. (Councilmember Woodard was excused.)

• The Oaks Education Association requested the vacation of 6,970 square feet of public right-of-way in the alignment for Glenview Circle located south of and adjacent to 22nd Avenue. The proposed vacation is approximately 315 feet east of Sunview Circle. The right-of-way is adjacent to two properties, both of which are owned by the Oaks Education Association. Under new City rules, the calculated cost to the Oaks Education Association for the vacated land is estimated to be $15,112.51. The motion to waive the rules and adopt Ordinance 23-012, approving the street vacation, passed unanimously.

• The Broadway and Park Intersection Project bid Award was made to Cameron Reilly, LLC with a bid of $2,396,434.76. The project improvements include road reconstruction, sidewalk replacement, installation of sidewalk on the west side of Park Road from Broadway to Cataldo and an upgrade of stormwater facilities. The project will also include upgrades to Water District #3’s water main in conjunction with the City’s work per an interlocal agreement. Total project costs are an estimated $3,162,800. The motion to award the contract to Cameron Reilly passed unanimously.

• The interlocal agreement with Water District #3 mentioned above followed the action on the Cameron Reilly bid award. Water District #3 will pay for the costs to upgrade the water main plus a portion of the construction management and material testing costs of the project. The cost is estimated to be $172,800. The motion to authorize the City Manager to complete the interlocal agreement with Water District #3 passed unanimously.

• The Summerfield Neighborhood project, a part of the City’s local access street projects, was advertised on May 5th. The City received four bids with Inland Asphalt submitting the low bid of $1,407,000 for the construction segment. The total project cost is estimated to be $1,700,000. The motion to award the contract to Inland Asphalt passed unanimously.

• The Broadway at I-90 Preservation Project-Phase 1 will grind and overlay Broadway Avenue between Fancher Road and Thierman Road. The project includes additional pavement repairs and extends the concrete pavement at signalized intersections. The total budgeted costs are estimated at $1,805,000. Inland Asphalt’s bid for the construction segment is $1,282,828.00. The motion to award the contract to Inland Asphalt passed unanimously.

• In 2022, the Spokane Regional Transportation Council created its first Unified List of Regional Transportation Priorities (Unified List) to inform state and federal legislators of the current regional priorities with the intent to strategically position projects and requests for future funding opportunities. In updating SRTC’s Unified List, City Staff is recommending the City’s 2023 projects are the Sullivan/Trent interchange, the South Barker Road Corridor, and the Argonne Road/I-90 Bridge project. The 2023 requests are due by June 2nd. The amended motion to authorize the City Manager to submit the City’s list to SRTC passed unanimously.

In a review of the just ended legislative session, Briahna Murray, the City’s Olympia lobbyist, and Virginia Cough, the City’s Legislative Affairs coordinator, reported on how the City fared in the session. Greenacres Park scored $1.5 million for various improvements, the Performing Arts Center received just over $3 million, $5.8 million was allocated to Avista Stadium plus an additional $543,000 repurposed from the discontinued Expo Center. The South Barker Corridor received a FMSIB (Freight Mobility Strategic Investment Board) grant. Modifications to state laws that seriously affected public safety were modified but not fully returned to levels prior to COVID.

Patrick Roewe, Spokane County Library District Executive Director presented an update on the status of the Library being built in Balfour Park. It is a $15 million project funded by a $9 million loan from a Washington State agency, other library improvement funds, and contributions of nearly $1 million from the City. A public opening and ribbon cutting are scheduled for June 17th at 9:30am.

In a briefing on the City’s updating of its homeless plan, a discussion on the current draft’s three primary goals:

• Preventing homelessness. Adopting a pro-active approach focusing on self-sufficiency and stabilization.

• Reducing Homelessness. Transitioning from homelessness to stable housing with interventions where necessary at all stages.

• Improved Quality of Life. The objective is to work toward eliminating substance abuse and improving mental health, together with improved physical health thus reducing the negative impacts of homelessness to themselves as well as the surrounding community.

The City’s draft plan continues as a work in progress effort both within the City and as a participant monitoring and attending regional homeless meetings.

The City’s diverse system of parks and trails requires constant maintenance and attention. The contract for those services since 2005 has been held by Senske Services. The contract is up for renewal and the City is examining its options on how best to continue maintaining its parks and trails in good working condition.

City Council meetings are held in the Great Room at CenterPlace until further notice. City Hall, however, is open for business during normal business hours. The Public is invited to Council meetings to participate in action items or public comment periods in person or via ZOOM. Call 509-720-5000 or www.spokanevalley.org prior to 4:00 p.m. for access instructions. Council meetings are broadcast on Comcast channel 14.

May 16, 2023

This meeting of the Spokane Valley City Council was in a Study Session format; however, two action items led off the agenda. The first deals with a persistent problem: nuisance properties.

With the rise in homelessness and drug use, Council has been wrestling with the nuisances and criminal (activities?) that accompany those activities (actions?). Existing City Code has proven to be inadequate to address the problem. With proposed Ordinance 23-010, Council is taking action to strengthen the City’s ability to address and deal with chronic nuisances. That constantly recurring problem has led to the changes introduced in Ordinance 23-010.

The ordinance’s tiered approach allows the City to focus not only on criminal activity but also on the overall character of the nuisance property and the effect it has on the community. To implement this approach, definitions of ‘nuisance activities’ and ‘chronic nuisance property’ are added to include a broader set of circumstances. These changes add a second, shorter time period for violations and inclusion of general nuisances, not just criminal activity. The tighter limits allow action on abandoned properties where nuisance activities exist under the definition and add a provision exclusively for drug properties with a stricter violation time limit, i.e., two in twelve months.

The proposed definition changes also tighten the regulation of criminal activity on nuisance property and redefine criminal activity to allow for speedier addressing of violations. Enforcement is broadened to monitor agreements to abate so that those are more closely supervised and enforced.

A ‘receivership’ program that has been successfully tried in surrounding municipalities is added which allows the City, upon determination by the Superior Court that a property is a chronic nuisance, to close the property, board it up and sell it through receivership so that it can be returned to productive use. This process eliminates the possibility of the property being inundated with squatters and/or eventually returned to the persons responsible for the nuisance situation in the first place. The motion to move Ordinance 23-010 to a second reading passed unanimously.

The federal American Rescue Plan Act (ARPA) provides for a wide variety of funding to state and local governments for a broad array of purposes. From that program, the City has received approximately $16 million from the Coronavirus Local Fiscal Recovery Fund (CLFR). One of the uses of CLFR funds is to replace the City’s lost revenue from COVID. The City has determined that amount to be $10.8 million.

After several discussions, Council has decided to retain $2 million for potential land acquisition. The remaining allocations of CLFR funds will be made to various eligible entities selected by Council for allocation of the remaining $4 million. Each of the entities applying for CLFR funds made a presentation to Council. The selected applicants are:

Applicant; Requested; Awarded

Family Promise of Spokane; $1,095,078 ; $1,095,078

Volunteers of America; $500,000; $500,000

Reclaim Project Recovery; $4,000,000; $1,460,000

SNAP ; $2,300,000; $471,729

Habitat for Humanity; $1,600,000; $471,728

TOTAL; $$9,495,078; $$3,998,535

The motion to approve the amounts awarded above passed unanimously.

During the year, it’s not uncommon for Council to address budget amendments to accommodate changes from the initial adopted budget. Overall, the changes to the budget reflect revenue increases in various accounts of $19,375,745 and expenditure increases of $29,131,846. For details in each category, please note there will be a public hearing at CenterPlace on May 23rd. A first reading of Ordinance 23-011 (amending the budget) will immediately follow the public hearing. The second reading will take place the following week on May 30th. Details, which are to voluminous to recite here can be heard at the public hearing.

The Washington State Supreme Court in 2021 ruled that the State’s drug possession statute was unconstitutional. That dubious decision has been followed by the state legislature finding neither the means nor fortitude to correct the problem. Thus, the Spokane Valley City Council has determined that within the scope of available law, it will move to clarify and amplify the penalties for possession and dealing of drugs in the City.

A draft ordinance will make the penalty a gross misdemeanor. A gross misdemeanor carries a maximum of 364 days in jail and a fine of up to $5,000. Cities cannot make drug possession a felony. Council reached unanimous consensus to place the draft ordinance on a future agenda for a first reading.

At last week's meeting Council heard the City Manager’s 2024 budget priorities. Council members suggested various additions which have triggered a priority list for individual action and/or inclusion.

The City’s Legislative Manager, Virginia Clough, gave a report on her attendance at Greater Spokane Incorporated’s DC Fly-In on April 25-28. This is an annual visitation which includes various meetings and receptions with Senators Cantwell and Murray, and Representative McMorris-Rodgers as well as selected departmental representatives.

The possibility of a regional coalition to address homelessness has been meeting over the past weeks. Mayor Pam Haley and Councilman Tim Hattenberg have been in attendance on behalf of the City. A ‘due diligence’ group has been working to arrive at a “unified comprehensive” approach to dealing with the region’s homeless problem. Its goals are:

• What type of entity would be appropriate.

• Development of draft authorization documents such as ordinances and/or regulating enabling requirements.

• Identifying regional performance goals with associated strategies, timelines, and outcomes.

• Framework for participation, coordination, and communication between stakeholders.

• Identification of possible funding mechanisms and a system-wide funding plan aligning public, private and other resources to meet the regional performance goals.

• Recommendations regarding a centralized homeless management information system.

• Development of a comprehensive system of analytics, data assessment and reporting.

The Council’s consensus is that the City must be represented at such a gathering, but with both Spokane and Spokane County meeting to consider their strategies, the Valley City Council needs more information before it gets more involved.

May 6, 2023

The Spokane Valley City Council opened its meeting with three proclamations. The first was recognition of Asian American & Pacific Islander Heritage Month, the second was Provider Appreciation Day in recognition of childcare providers, and the third directed notice to National Travel and Tourism Week.

At its April 18th meeting, Council heard an administrative report on an expanding problem in the City. State law requires that massage therapists and reflexologists be licensed to perform their respective services. The City has experienced a steady increase in the number of massage parlors identified by law enforcement as employing unlicensed or uncertified service providers. Some of those businesses are also known to have violated laws relating to prostitution and human trafficking.

City Code doesn’t currently provide specific grounds for denying, suspending, or revoking business license registrations nor is it up to date with the City’s Hearing Examiner procedures. Proposed Ordinance 23-008 adds a new section to the City Code to adopt the State law provisions related to the unlicensed practice of professional services. The new ordinance will provide clear bases for denial, suspension or revocation including instances where the license was procured by fraud or is inconsistent with applicable land use regulations. This also includes when law enforcement issues citations related to the business activity or purpose for which the license was issued. All of this is to provide additional tools to protect the health, safety, and welfare of Valley citizens.

The goal is to provide law enforcement and the City another means to ensure the massage businesses are following applicable licensing requirements. Violations are prosecuted by the Spokane County Prosecutor’s office; thus, the City has been working closely with that office. Other changes clarifying the procedure to revoke licenses will further define illegal activities. The motion to move Ordinance 23-008 to a second reading passed unanimously.

In an accompanying move, Council heard the first reading of Ordinance 23-009 which amends parts of chapter 5.05 of the City’s code, clarifies the procedure to revoke business licenses generally, and will assist in addressing illegal activities at massage businesses. The motion to move Ordinance 23-009 to a second reading passed unanimously.

On January 24th, 2023, the City contracted with Cameron Reilly, LLC for construction of its Balfour Park expansion. Phase 1 of that contract covers the main park excavation and grading, water, electric and sewer utilities pathways, and lighting. Phase 2 of the project includes an events plaza, playground, splash pad, picnic shelter, sports courts, veterans’ memorial, amphitheater, and a walking/interpretive trail.

Construction began on April 3rd and Cameron Reilly is progressing with the planned demolition, excavation, and underground utility installation. However, as construction moves ahead, additional ideas and considerations have come to the City’s attention.

• Cameras for the security of the park facilities are recommended. Additional connections and wiring are necessary to accommodate the setup. Estimated cost is $90,000.

• The RAVE Foundation, a charitable arm of the Seattle Sounders, wants to donate assistance for a soccer ‘Mini-pitch” court. This proposal came after the initial plans for the park. The cost to the City would be approximately $21,000. RAVE would do the court upkeep and supply soccer balls.

• The recently acquired Leather Gallery building adjacent to the park requires upgrading in the form of removing bushes, trees, a shed, and other improvements to provide a seamless connection to the park. Estimated cost: $41,000.

• The Daughters of the American Revolution (DSAR) volunteered to assist with input in the design and construction of the Veterans’ Memorial. They would like to provide a plaque in remembrance of those who died in our country’s past conflicts. Estimated cost: $2,100.

The City received a legislative grant of $201,143 to apply to the Veterans’ Memorial. Using that money, the cost of the change order ($170,000) to perform the outlined changes and other ancillary costs can be met. The motion to approve the allocation of the state grant and the change order required to implement the changes passed 6-1.

Council’s action taken on the Cameron Reilly contract necessitates a change order in the City’s design contract with AHBL, the project designer. That change is for an additional $25,141.95. The motion to approve the amendment passed 6-1.

The Spokane Valley Parks Department has a diverse set of programs, events, equipment, and staff for City residents’ use. However, the larger City of Spokane Parks Department offers additional programs such as guided hikes and therapeutic recreation classes which are not currently provided in the Valley but would benefit Valley residents. With this idea in mind, an interlocal agreement with the City of Spokane’s parks department which provides for offering recreational program classes and programs has been negotiated between the two parks departments. Motion to approve the interlocal agreement between the parks’ departments passed unanimously.

The City contracts with Spokane County for its Emergency Management Services. Those services administer and coordinate the region’s and City’s emergency management programs in the event of catastrophic events. Under state law, each political subdivision must establish or be a member of a joint local organization for emergency management and prepare and submit an emergency plan, including a communications plan. The City’s current agreement with the County is for a three-year term with one three-year renewal together with other administrative terms. Staff have indicated satisfaction with the services provided, and since the renewal deadline is May 15th, recommends renewal for a second three-year period. The motion to authorize the City Manager to sign the renewal letter passed unanimously.

The City participates in an interlocal agreement with Spokane County for Community Development Block Grant (CDBG) funds distributed by the Federal Department of Housing and Urban Development (HUD). The agreement runs in three-year increments with 2023 being the final year of the current agreement. This being the final year of the agreement, the City must decide if it wishes to continue as part of the consortium or go its own way. The date for final notification to the County is June 12.

The City’s 2023 HUD distribution is $605,710. Per the interlocal agreement, the County takes a 20% administrative fee, leaving $484,568 for the City’s set-aside. Since 2003, the City has received an average of $593,306 per year after the final distribution of CDBG funds is made. The discrepancy lies with how the funds are allocated by the HCDAC (Housing and Community Development Advisory Committee).

If the City were to remove itself from the County consortium, it does not appear that the City could perform the administrative duties associated with a direct payment from HUD for less than the 20% administrative fee the County charges. Other considerations enter into the discussion which render a decision by June 12th improbable, so the City will likely sign on for another three-year membership in the consortium.

City Manager John Hohman presented the Council Budget Goal Priorities for 2024. This is the first step in formulating the 2024 City Budget. Police and Public Safety head the list of concerns followed by Economic Development, Housing and Homelessness, Community Development, Facilities, and Legislative Engagement, among others. At its June Budget Workshop on June 13th Council will spend most of its day considering and discussing those priorities. That meeting will begin at 8:30 AM at CenterPlace. It is open to the public.

May 2, 2023

This Study Session of the Spokane Valley City Council opened with a proclamation recognizing May as “Older Americans’ Month.” This was followed by a series of action items starting with approval of change orders on the Barker/BNSF Rail Crossing Project. The Barker Road/BNSF Rail Crossing project was awarded to the Max J. Kuney Company (Kuney) for construction on January 28, 2021, by the
Washington State Department of Transportation (WSDOT), the project manager.

The City and WSDOT coordinate on all change orders for the project with Kuney regardless of the amount. To date the total of those change orders number 37 with a cumulative total of $13,296,282.74 for the entire project which is 14.26% over the original contract of $11,637,134.

The Contractor’s successful low bid was $2,000,000 below the next lowest bidder. That bid must be accepted under the rules for selecting the successful bidder. However, a low bid can often be enhanced by the change order process and the project cannot move forward without approval of the change orders. The motion to approve Change Orders #57 ($1,370.00) and #24 ($6,219.77) was approved unanimously.

The original agreement for management of the project between the City and WSDOT called for contractual payments to be made by the City as the recipient of grant funds. However, the unanticipated length of the contract has, for expediency, compelled the transfer of grant funds to WSDOT who then pay the bills. Any outside expenses incurred by the City will be reimbursed by WSDOT. That move has necessitated an amendment to the interlocal agreement with WSDOT. The motion to approve the amendment passed unanimously.
The City’s Park Road Sidewalk Project, Nora to Baldwin, will install new sidewalk along the west side of Park Road, upgrade curb ramps to current ADA standards, provide stormwater conveyance and treatment facilities and install intelligent transportation services (conduit and junction boxes for future connectivity of the signal system to the city network). The Engineer’s Estimate for construction was $609,682. The low bid by Red Diamond Construction, Inc. was $513,820.50, approximately 16% lower than the Engineer’s estimate. The motion to award the contract to Red Diamond Construction, Inc. passed unanimously.

The Spokane Housing Authority (SRA), comprised of six commissioners, is established by state law to “….help people with low incomes get access to safe, healthy, affordable homes so that they live better, healthier and more satisfying lives.” Recently, the City’s representative on the SRA resigned. The position is appointed by the Mayor with Council approval. Mayor Haley appointed Jacqueline Babol to fulfill the unexpired term which runs from now to December 6, 2027. The motion to approve Ms. Babol passed unanimously.

On September 20th, 2022, Spokane Valley City Council adopted Ordinance 22-016, establishing a Spokane Valley Tourism Promotion Area (TPA). Pursuant to the TPA, the Spokane Valley Hotel Commission (Commission) was formed. The Commission has developed and sent out requests for qualifications (RFQ) to develop a five-year destination marketing plan with an 18-month marketing service plan.
After interviewing qualified candidates, the Commission recommended 116 & West as the most qualified. The five-year marketing plan will identify strategies, tactics, and costs for the initial 18-month service plan for Council approval. The campaign will feature paid digital advertising reaching the Seattle region, western Montana, and Canada focusing on the City’s newly developed tourism website. The motion to select 116 & West as the consultant for the City’s five-year Destination Marketing Plan was passed unanimously.

The Spokane Valley Parks Department has a diverse set of programs, events, equipment, and staff for City residents’ use. However, the larger City of Spokane offers additional programs such as guided hikes and therapeutic recreation classes which are not currently provided in the Valley but would benefit Valley residents. With this idea in mind a plan for an interlocal agreement with the City of Spokane’s parks department which would provide for revenue sharing and collection is being considered. Offerings such as Wildflower Walks (with transportation); James T. Slavin Conservation Area; McKenzie Conservation Area; Canfield Gulch with transportation; TRS Biking Program, and TRS Paint & Taste, have been identified for partnership. Council reached consensus to place the item on the May 9th agenda for motion consideration.

The RAVE Foundation is the charitable arm of the Seattle Sounders professional soccer team. Its mission is to build small fields (soccer mini pitch) for free play that use soccer as a vehicle to inspire youth and encourage younger citizens to participate in soccer. Thus far, RAVE has built 13 fields with plans for seven more. RAVE would like to partner with the City to build a mini pitch field in the Balfour Park expansion project at minimal cost to the City (estimated $11,500). RAVE, after donating the field, would provide free soccer balls, replacement nets, curriculum materials, educator training, and special events to assist the community. Council reached consensus to pursue the donation opportunity and have Public Works bring back details about how the field would work into current development plans.

In 2012, the City entered an interlocal agreement with the County to provide Emergency Management Services. Those services include administration and coordination of emergency programs to preserve life in the event of a catastrophic event. On May 11, 2021, a new interlocal agreement updating the terms of service, participation, program administration, and optional services was adopted. The revised agreement includes a three-year term with one three-year renewal.
The agreement ended on December 31, 2022, but by mutual agreement was extended until May 15th. After review and negotiation, staff are satisfied that services are being sufficiently provided. Further, the City does not currently have the staff or resources to provide these services in-house. Council reached consensus to place this item on next week’s agenda.

Council meets at CenterPlace each Tuesday further notice. City Hall is otherwise open for business during normal business hours. The Public is invited to participate in action items or public comment periods in person or via ZOOM. Call 509-720-5000 or www.spokanevalley.org prior to 4:00 p.m. for access instructions. Council meeting are broadcast on Comcast channel 14.

View Past Spokane Valley City Council Highlights

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.

Contact City of Spokane Valley:

10210 E. Sprague Ave.
509-921-1000
www.SpokaneValley.org