Spokane Valley City Council’s first action of the evening was unanimous approval of Resolution 22-005. The resolution expresses Council’s gratitude to the fourth legislative district’s legislators, Senator Mike Padden, and Representatives Bob McCaslin and Rob Chase for their stellar efforts on its behalf. They were successful securing grant funding for City projects and helping to defeat of legislation detrimental to City goals. Legislation such as House Bill 1660, regarding accessory dwelling units, and House Bill 1782, mandating state dictated neighborhood zoning were not passed. Council appreciates the close working relationship it enjoyed with those legislators. 
 

Following that action, a recap of the past legislative session was presented by Briahna Murray, the City’s state lobbyist.

At its September 28th meeting last year, Council adopted the 2022 Legislative Agenda for the last state legislative session. Those 2022 goals were:

 

1.  A renewed request for state assistance for the Pines Rail Crossing

2.  Sensible state procurement laws

3.  Voicing continued commitment to defending locacontrol

4.  Protecting state-shared revenues

5.  Requesting changes to municipal utility tax authority

6.  Return of sensibility to law enforcement issues

7.  Advocating for needed changes to the Growth Management Act regarding local flexibility
 

Ms. Murray’s report was a discussion of the session and progress made in achieving City goals. Overall, with the heavily lopsided majorities in both houses, little progress was made toward City goals. The fourth district legislators did yeoman work in advancing our requests and goals but were paid little attention by the majority. Small gains were made in potential funding for the Pines rail crossing project and in fending off attempts to preempt local control of zoning. Crime prevention and law enforcement saw small gains after the previous session’s near disastrous law enforcement ‘fixes’.
 

The Washington State Recreation & Conservation Office (RCO) offers grant programs for improving parks throughout the state. Two such programs are the Washington Wildlife and Recreation (WWRP) Local Parks; and Land and Water Conservation Fund (LWCF). Council opted not to pursue either grant for Balfour Park because of the unacceptable increases in bids tendered for planned work there. Discussion moved to possibly transferring the grant application to Greenacres Park to complete programs already planned there such as: a baseball field, basketball court, and tennis/pickleball courts. A motion to apply for the RCO and LWCF grants passed unanimously.
 

The City has been allowing third-party publications in the lobbies of its buildings such as City Hall, CenterPlace, and the Precinct. Lately, this policy has become a concern because some of these publications contain ballot issues which is in violation of Washington Code. A motion to adopt Resolution 22-006 which prohibits third-party publications not produced by the City for public information in City Hall and the City Precinct building passed by a vote of 4-2.

In a late addition to the agenda, the City was presented with an opportunity to join with other cities in the state in a suit against the various companies and individuals involved in the manufacture, marketing, and distribution of opioid products and prescriptions. The suit is based on well-documented harm to individuals and communities resulting from use and ancillary illegal activities stemming from the opioid supply chain.
 

By joining in the suit, the City becomes eligible to participate in future settlement of the case if or when that happens. The motion to approve the City’s joining in the memorandum of understanding to participate in the suit passed unanimously.
 

The City, pursuant to various laws and regulations, manages its Stormwater Utility Program. That program is funded through the collection of 1) Storm and Surface Utility (Utility) fees from developed parcels located within the City, and 2) the Spokane County Aquifer Protection Area (APA) fee. The Utility fee is $21 per year on single family residences, duplexes, triplexes, and fourplexes. All other developed property is charged $21 for every 3,160 square feet of measured impervious surface area. The Utility fee will generate about $1.9 million in 2022 to the City. That has not increased since the City’s incorporation in 2003.
 

The APA fee is imposed on each water meter within the City by meter size. That fee is collected by the County and reapportioned among the various participating municipalities. That fee is expected to generate $450,000 to the City in 2022.
 

The City will need to develop a comprehensive stormwater plan to establish the long-term goals of the Utility, identify solutions to address flooding, water quality issues, and strategies for applying sustainable rates and compliance with pertinent laws and regulations. To that end, Osborn Consulting, has been selected, pending negotiations on the final scope and fee for services. On May 3rd, that contract will be before Council for execution.
 

Under the American Rescue Plan Act (ARPA), the City has received $16 million from a Coronavirus Local Fiscal Recovery Fund (CLFR). Mayor Haley appointed a CLFR sub-committee of herself, Deputy Mayor Higgins, and Councilman Hattenburg, to screen applicable uses for those funds. Thus far, Council has approved $750,000 for an extension of the Buckeye Sewer Project and $250,000 to cover internal City costs, totaling $1 million.
 

Other CLFR funds will be used for various projects such as revenue replace for money lost to the City due to COVID. That figure for 2020 is calculated to be $10.8 million. The CLFR subcommittee has recommended that the City use the maximum amount of lost revenue replacement to provide necessary services. Those suggested categories are: Affordable Housing, $3 million; Mental Health, $1 million; Law Enforcement, $1 million; Water Infrastructure, $750,000; Sewer/Stormwater, $2.256 million; Community Proposal Projects, $1 million; and Land Acquisition, $6 million. These broad categories will be fleshed out in full Council discussions and then solidified by future Council action. City Hall is open for business during normal business hours. Masks are no longer required in the building. Council meetings begin at 6:00pm. 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.

In considering how to put the $16 million received from the American Rescue Plan Act (ARPA), Coronavirus Local Fiscal Recovery fund (CLFR) to the most beneficial use, the Spokane Valley City Council chose a project identified by staff and unanimously supported by Council, the Buckeye Avenue Sewer Extension Project. That project extends the sewer at East Buckeye Avenue from approximately 650 feet east of McMillan Street to the City limits. This will provide sewer infrastructure to both developed and undeveloped existing parcels, currently on septic systems, that otherwise would not receive sewer service into the foreseeable future.
 

The estimated cost on February 8th, 2022, was $500,000. Council at that time, unanimously approved the budgeted amount. However, since that time the actual bid costs for that project have escalated to $750,000. The rise in cost is directly attributable to inflation in labor and supplies costs, and labor and supplies shortages. The late timing of the request for bids also contributed to the increased cost.
 

CLFR money must be used to cover the negative impacts of COVID-19. To determine eligibility the City must identify a need or negative impact created by the pandemic and how the City’s use will address that need. The expense must have been incurred by the City between March 3, 2021, and December 31, 2021. An expense is considered incurred if it is obligated by December 31, 2024. All obligated funds must be spent by December 31, 2026.

After lengthy discussion on the importance of the project and the likelihood of those costs not coming down in the near future, Council voted unanimously to approve the additional $250,000 to fully finance the project and award the contract Inland Infrastructure.
 

In July 2020, the City applied to the Washington State Department of Transportation (WSDOT) Safe Routes to School (SRTS) program for funding a new sidewalk on the east side of South Bowdish Road between 12th and 16th Avenues. The request was denied because the program ran out of funds.

Earlier this year, the State Legislature provided an additional $10 million to the SRTS program enabling it to award money to the 2020 application list. With the additional funding, the S. Bowdish Road sidewalk project is eligible for an award. In staff coordination with WSDOT, the 2022 proposal has been updated in both cost and scheduling. The updated authorized cost has risen from $1,650,000 to $1,983,900. The grant award (80% of the project) has moved up from the originally requested $1,320,000 to $1,587,100. The required local match has likewise increased from $330,000 to $396,800. Design is scheduled for 2023 with construction to be done in 2024. Motion to authorize the City Manager to accept the SRSP award passed unanimously.

The Board of County Commissioners (BOCC) is considering an August ballot measure for funding suggested improvements to Avista stadium at the Spokane County Fairgrounds. The additional tax levy, depending on the type, would require a 50% + 1 vote margin or a 60% voter support depending on the length of time (9 years to 20 years) for repayment. The president of the Spokane Indians provided an overview of the needed improvements and the current status of Spokane County’s discussions on the possible ballot measure. No Council action was taken.
 

Spokane Valley’s new Fire Chief, Frank Soto, Jr., provided a report on his department’s responses to incidents in Spokane Valley. Interestingly, the top ranked response categories for the year were: Falls (398), Breathing problems (182), Sick (167), Psychiatric (143), Cardiac Arrest (116), and Structure Fire (104).
 

The City has received an application to vacate an unnamed street located southwest of Mission Avenue and Park Road. The unnamed street, dedicated by the Park Road Plat in 1949, is approximately 7,900 square feet in area and has remained unimproved for 73 years. Council reached consensus to place Resolution No. 22-004 on the April 26th Consent Agenda to set the date for a public hearing before the Planning Commission.
 

On March 23rd, 2021, Council created the Streets Sustainability Committee (SSC), composed of twenty-two members, to help gather public input on the City’s Pavement Management Program (PMP) which has struggled to find a consistent, reliable funding source to sustain a long-term program. The SSC identified three goals:
 

1. Evaluate citizens’ interest and support for maintaining city streets and suggesting pavement con- dition goals.

2. Identify preference for maintaining city streets, types of treatments used, and long-term levels of service.

3. Investigate current revenues and potential future funding sources for maintaining city streets at the recommended level of service.

The Key Findings by Goal were:

GOAL 1

A. The pavement condition of City streets is described as “fair” or better.

B. The PMP should be prioritized in the City’s budget planning process.

GOAL 2

A. Survey respondents support increasing the prioritization of local access streets.

B.  Implement surface treatments in the PMP.

C. Increase PMP funding to maintain the streets in their current condition.

GOAL 3

A. Do not reduce funding of other City programs to increase funding of the PMP.

B. Transportation Benefit District is the most-preferred funding option.

C.  Survey respondents indicate new funding should evenly distribute costs to everyone.

D.  PMP funding should not rely on annual operating budget surplus fund transfers. (author’s emphasis)

In summarizing those findings and analysis, staff requested returning to Council in May for a discussion focusing on various delivery options available for addressing the PMP. Council reached that consensus.

In April of this year, the City submitted a grant application requesting $21.7 million from the U.S. Department of Transportation RAISE (Rebuilding American Infrastructure with Sustainability and Equity) program for the Pines Road/BNSF Rail Crossing. The total estimated cost of that project is $31.3 million. The City has secured $2.43 million, Private funds $1.09 million (BNSF + Avista), Federal Funds already secured $2.95 million, leaving $18.78 million requested in the RAISE grant application. Based on that amount, staff does not recommend applying this year for a RAISE grant for the Pines/BNSF project. Council agreed by consensus.

City Hall is open for business during normal business hours. Masks are no longer required in the building. Council meetings begin at 6:00pm. 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.

The City of Spokane Valley has, since 2017, been working on the design of the Pines Road/BNSF Rail Crossing Project. During that time, it has been assembling the necessary parcels of property and rights-of-way in order to complete the project. A major piece of that puzzle lies in a property comprised of three parcels owned by Avista Corporation. 
 

That property will be used for a portion of the roadways, grading, and drainage for the new roadway as it arcs northward to go under the BNSF rails to join SR 290 (Trent Avenue). The area will also include a new trailhead for the Centennial Trail and will be an integral part of joining with the City’s planned River Loop Trail.
 

Avista has generously offered to donate their property valued at $790,500 to enable the City to complete its acquisition of the necessary project right-of-way. The motion to accept Avista’s donation passed unanimously.
 

The current interlocal agreement with Spokane County for providing law enforcement services was adopted by Council in July 2017 for a five-year period beginning January 1, 2018, through December 31, 2022. Periodic amendments have been applied. This evening a new set was presented for Council action. Among the more important are:
 

• Ownership of dedicated City vehicles that are fully paid for will transfer to City ownership upon termination of the agreement.

• Clarification on allowing temporary movement of dedicated officers to a shared unit with city Manager and Police Chief approval.

• Clarification that performance measures and workload indicators will be provided subject to availability of data.

• Language added to prevent unspent City funds from being diverted to other purposes without prior authorization.

• Language added to allow City to pay up front for dedicated vehicles and have authorization authority over purchases and location of vehicles.

• Language added to the Domestic Violence detective to work in a shared unit.

• Behavioral Health indicators and measures added.  Refined performance measures and included cost  and budget data.

• Homeless Services Deputy and Behavioral Health  Deputy added.

• Two Major Crimes Detectives added
 

The motion to authorize the City Manager to finalize and execute the Amended Interlocal Agreement for Law Enforcement Services as Provided by the Spokane County Sheriff’s Office to the City passed unanimously. 
 

The City has been allowing third-party publications in the lobbies of its buildings such as City Hall, CenterPlace, and the Precinct. Lately, this policy has become an concern that some of these publications are, or contain, ballot issues which is in violation of Washington Code. In order to maintain equal treatment under the law, Council reached consensus (4-2) to place on a future agenda a motion consideration to prohibit third-party publications in City buildings.
 

Earlier this year, the City was working under the possibility of joining with the Spokane County Library District (SCLD) in preparing a bid to simultaneously conduct construction of the library while working on Phase I of the City’s Balfour Park improvement project. SCLD later declined to join with the City, so the City moved ahead with its plans by putting Phase I out for bid. The anticipated project cost and the budget for the project was $3,875,023.

Unfortunately, the ensuing bids (3) were substantially higher than anticipated. The lowest bid was $5.1 million. Possible reasons for the increases include inflation, construction cost increases throughout the nation, labor shortages, and materials shortages. Staff is examining workable solutions and will return at a later date for Council discussion. 
 

The Washington State Recreation & Conservation Office (RCO) offers grant programs for improving parks throughout the state. Balfour Park presented an opportunity for possible participation in Phase II of its development, but the bid overrun has caused that project to be put on hold for reconsideration. Instead, a grant from RCO could be applied to Greenacres Park for additions planned but not yet constructed. Those improvements include a tennis court, basketball court, baseball field, skate park, and community garden. 
 

Additionally, an adjacent parcel, acquired by the City in the past containing a life-estate clause, has been freed of that encumbrance and will be added to the park for future development. Consensus was reached to move forward with an RCO grant application.
 

City Hall is open for business during normal business hours. Masks are no longer required in the building. Council meetings begin at 6:00pm. 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.