Council opened with a proclamation inviting citizens to join in observing “Goodguys 18th Great Northwest Nationals,” August 9-11, in honor of the annual Rod and Custom Show taking place at the Spokane County Fair and Expo Center. The event, one of several around the country, annually attracts large crowds to our area.

Council addressed two motion considerations: 1) Awarding the successful bid for constructing the final section of Appleway Trail between Evergreen and Sullivan, and 2) Approving Council goals and priorities for the use of Lodging Tax revenues.

The Appleway Trail, when fully constructed, will provide a five-mile urban trail that will extend from City Hall on the west to the eastern City limit. Segments from the eastern City limit to Sullivan, University to Pines, and Pines to Evergreen have been completed. The contract for the last remaining segment from Evergreen to Sullivan was awarded to WM Winkler Company in the amount of $1,931,986.60 which was under the Engineer’s Estimate of $2,145,033.00 for the project. The bid includes the asphalt trail, landscaping, irrigation, lighting, parking lot, trash receptacles, benches, dog waste dispensers, and installation of restroom facilities. The vote was 7-0.

The City collects a lodging tax on hotel stays allowed under state law. That tax started in 2003 as a 2% tax which in 2020 will generate approximately $650,000. In 2015, the City imposed an additional 1.3% tax, bringing the total tax rate on hotel and motel occupancy to 12%.  The additional 1.3% will generate an estimated $420,000 in 2020.  

Use of the revenue from the first 2% is set by state law to be used for tourism marketing, marketing and operations of special events and festivals, operations and capital expenditures of tourism related facilities owned or operated by a municipality or public facilities district, and the operation of a tourism-related facility owned or operated by a non-profit organization.

The additional 1.3% revenue is used solely for capital expenditures for acquiring, constructing, or making other related capital expenditures for large sporting or tourism related venues.While City Council ultimately sets the goals and priorities for allocating and spending the lodging tax revenue, the Lodging Tax Advisory Committee (LTAC) makes the initial proposals for where those funds will be placed.

In 2013 Council adopted goals and priorities for how it would distribute lodging tax revenues, encouraging the Lodging Tax Advisory Committee (LTAC) to consider those goals when making suggested allocations to applicants for funding. The State Legislature has since refined the distribution rules to place initial responsibility for funding allocations on LTAC with review and revision authority held by City Council.

Council’s goals have remained constant in directing use of LTAC funds to tourism, marketing, operation and capital expenditures of tourism related facilities owned by a municipality, public facility district or non-profit organization. In tonight’s action, Council approved elimination of an outdated goal.  

The City has been systematically working to improve the facilities and surroundings at CenterPlace Regional Event Center. At the June 11, 2019 Budget Workshop, staff presented Council with an idea for the City to self-fund the completion of the West Lawn and North Meadow Project through a one-time general fund appropriation of $2,000,000 in the 2020 budget. With interest in finishing the improvements at CenterPlace to position it for attracting events in addition to ValleyFest, CRAVE, Octoberfest, the Farmers’ Market and assorted events such as weddings, Council voted to approve the appropriation unanimously. This will enable work to commence this year, with the property available for use early next summer.

August 6, the time for our next Council meeting is also the time for National Night Out, honoring our first responders. Thus, there will be no Council meeting that evening.

Don’t miss the GOODGUYS ROD and CUSTOM CAR SHOW, August 9-11 at the Spokane County Fairgrounds! It’s one of the best and biggest in the area.

After proclaiming August 15-20 as Nick Mamer Days, Council proceeded to approve Ordinance 19-009, vacating rights-of-way (STV-2019-0001) on Tschirley Road, Long Road, Rich Avenue and Greenacres Road in the northeast section of the City.  

The request is initiated as part of the City’s Economic Development Program where the rights-of-way (ROW) as they currently exist are not needed and limit the usability of the adjacent parcels. None of the ROW contain any City facilities or utility improvements. Adequate vehicle access if needed will be provided at the time of further development. Approval was unanimous.

Council also approved Ordinance 19-010, vacating the unimproved portions of Baldwin Avenue, University Road and Glenn Road. The area proposed to be vacated is unimproved and not maintained, with the vacation allowing maximum use of abutting properties along the unimproved ROW.

City Staff determined that a future need for the University Road portion of the request was possible and that portion was withdrawn from the request. Approval for this ordinance was also unanimous

In a third action, Council approved Ordinance 19-011, addressing the transportation of marijuana within the City. In 2016 Council adopted comprehensive marijuana regulations governing all licensed and registered marijuana use within the City, those rules did not provide for the transport of marijuana and/or marijuana products between licensed producers, processors or retailers. Council’s action sets forth the rules and regulations for transporters as provided by Washington’s Liquor and Cannibis Board rules. (Code Text Amendment 2019-0002). Those rules don’t permit home deliveries.

A marijuana transportation license requires that the license holder have a physical location as the primary business location, that all vehicles for the business be permitted by the Washington Utilities and Transportation Commission as common carriers, that the license holder carry proper insurance and that the licensee maintain detailed records of the marijuana items transported including clear chain of custody for each delivery.

Further, the transportation rules also include adherence to the production and processing rules and regulations pertaining to buffers to certain sensitive uses in addition to those set forth under State law. These buffers prohibit transport uses from being within 1,000 feet of undeveloped school, library, and City property as well as prohibiting uses within 1,000 feet of City Hall and CenterPlace. The vote was 6-1 in favor.

Spokane Police Chief Mark Werner’s report for the second quarter, highlighted three areas: SCOPE activities, patrol statistics and the City’s Investigative Unit.  The total Administrative and Law Enforcement hours accumulated from the Central, East and West Valley offices, together with Edgecliff, Trentwood and University offices was 4,275. All those hours are volunteer hours.  If an hourly rate of $30.46 per hour is applied to those hours, the total saving to the City is $260,433.

Total Officer Involved Incidents in the second quarter 2019 were down nearly 2% over the same period last year. There remains a problem with staffing numbers not meeting the City’s service requirements.  However, there are 19 deputies in various stages of training approaching availability with 4-6 new hires expected to start at the Academy in October.

The City’s Investigative Unit charged 328 felony and 155 misdemeanor crimes, booking 207 persons. The Unit conducted 24 search warrants, seized or recovered $100,923 in stolen property, recovered 10 stolen firearms, $15,116 and five vehicles from drug dealers, $500 in counterfeit currency, recovered over 300 stolen mail items and more than 3,000 fraudulent/forged checks. In addition, 2.13 pounds of meth, 1.06 pounds of heroin, 14 grams of powder cocaine, assorted pills and suboxone strips and 28 grams of psilocybin mushrooms were seized.

This meeting of City Council was devoted to discussions of pending agenda items such as:

1) Council’s goals and priorities for the use of Lodging Tax Funds,

2) Projects where City budget surplus funds might be used, and

3) Approval of a proposed letter to Spokane County relating to City participation in the proposed purchase of the vacant Grocery Outlet building at Sprague and Havana for a homeless shelter.

The City collects a lodging tax allowed under state law.  That tax started in 2003 as a 2% tax which in 2020 will generate an estimated $650,000.  In 2015, the City imposed and additional 1.3%, bringing the total tax rate on hotels and motels occupancy to 12%. The additional 1.3% will generate and estimated $420,000 in 2020.  

Use of the revenue from the first 2% is set by state law to be used for tourism marketing, marketing and operations of special events and festivals, operations and capital expenditures of tourism related facilities owned or operated by a municipality or public facilities district, and the operations of a tourism-related facility owned or operated by a non-profit organization.

The additional 1.3% revenue is used solely for capital expenditures for acquiring, constructing, or making other related capital expenditures for large sporting or tourism related venues. While City Council ultimately sets the goals and priorities for allocating and spending the lodging tax revenue, the Lodging Tax Advisory Committee (LTAC) makes the initial proposals for where those funds will be placed.

The LTAC is composed of at least two representatives from business that are required to collect the lodging tax, at least two representatives from entities that are authorized to be funded by the tax, and one elected city official who serves as chair. The rules for interaction between Council and LTAC in final distribution of lodging tax funds are quite arcane. Should there be further interest, please visit Spokanevalley.org for details.

While the subject at this Council meeting was only for discussion of possible revision of or addition to Council goals and priorities for disposition of lodging tax funds, it was to remind Council that in addition to the $30,000 set aside to enhance CenterPlace advertising, bringing that budget to $60,000. Council is able to make that independent allocation because the history of that allocation pre-dates the state law governing specific allocation.

On a different note, Council as part of the eight different times it addresses the 2020 City budget, discussed the Potential and Pending Projects agenda for how money in the Capital Reserve Fund should be spent. Money in that fund comes in part from revenue above the 50% of recurring expenditures in any given year. In 2019, just over $7.1 million of 2017 funds were transferred to the Capital Reserve Fund. Of that amount, partial allocation was made thusly:
    Total transferred to Capital Reserve   $7,119,300
    Garland Avenue Construction    $1,500,000
    Barker Road-Euclid to Trent    $1,283,983
    Barker Road-Euclid to Spokane River    $310,000
    Adjustment to prior projects    $78,264
         Total allocated thus far    $3,127,247

This leaves an identical amount for proposed items such as making up the shortfall in the street preservation fund, Pines Rail Crossing, park land acquisition, Balfour Park, Sullivan and Trent interchange and a reserve fund. After discussion, Council decided that it didn’t have all the information needed on the Pines Rail Crossing project, but it was imperative that the $1.5 million needed to complete design and property acquisition was of paramount importance. The other projects would be adjusted accordingly.

At Council’s last meeting it was decided that a letter be sent to Spokane County Commissioners and the City of Spokane expressing Spokane Valley’s desire to be included in any discussions on participating in the purchase of the former Grocery Outlet Building at Sprague and Havana intended to be used as a homeless shelter. Council indicated that if City funds were to be directly or indirectly used for purchase or operation of such a facility the City should be an integral part of any discussion regarding its continued funding and operation. The letter was approved for the Mayor’s signature.

After a Proclamation recognizing July as Parks and Recreation Month, Council addressing previously initiated actions such as a street vacation in the industrial area; a street vacation on Baldwin Avenue and Glenn Road; and an ordinance dealing with marijuana transportation. All passed.

Council also passed a resolution allowing for staff to apply for a Community Economic Revitalization Board Grant. The grant will, if the City is successful, be used for the direct costs associated with the development of a feasibility study for business improvements along the Appleway Trail.

Council reached unanimous consensus to participate with Spokane Transit Authority (STA) and CHAS to construct a lighted crosswalk between the CHAS health clinic on the south side of East Indiana in the 15800 block and its parking lot across Indiana to the north. The City is requiring CHAS to install lights, while STA will move its two bus stops on the north and south sides of Indiana farther to the west to accommodate the parking lot. After the project is completed, the City will acquire the lighting infrastructure from CHAS and assume maintenance on the equipment.

For some time, Council has been attempting to find a workable solution to what is depicted as “a homeless problem.” City attorneys presented a summary of the legal, moral, and financial conundrum facing the City as it considers a course of action best suited to protecting the rights of its citizens while meeting the needs of its disadvantaged population.

At the heart of the dilemma is a the 9th Circuit Court’s decision in Martin v. City of Boise. That decision found that although Boise had some shelter beds available when the defendant homeless persons were cited for camping in a public place, some of those shelter beds didn’t qualify as ‘available’ because two of the three shelters in the City had religious requirements or strong religious influences such as offering but not requiring religious services for attendees or had religious iconography (crosses, pictures, scripture quotes) on the walls and the registration forms included a religious message. Further, there were limits on the number of nights one could stay at a particular facility, with some being also limited to only men, only women, or only families.

That decision has effectively blocked municipalities from policing their public spaces. Two other circuit courts around the country have reached differing conclusions, so it’s likely that this case is headed to the U. S. Supreme Court. Should that happen, it is also likely that the City of Spokane Valley will join in supporting Boise’s appeal to reverse the 9th Circuit/Boise decision.

The City of Spokane Valley does not have a specific line item in its budget for homeless funding, but it does contribute to addressing the problem in two ways. First, it funds, through its outside agency grant fund, groups in the City that support homeless assistance. Second, the City provides funds from its allocation of federal funds to regional funding to provide homeless shelters. That amount is over $1 million. A specific number of earmarked beds is not provided, but by a percentage of the total funding being credited to Spokane Valley, it would appear that the Valley would have met its share of the burden. That might, under the Boise decision, allow Spokane Valley to claim some of the homeless shelter beds to meet the requirements for enforcement of laws prohibiting camping in public spaces.

Since those shelters are located in downtown Spokane, an effort to find a place closer to the Valley is underway. Spokane’s City Council recently approved the purchase of the former Grocery Outlet building at the southwest corner of Sprague and Havana intending to operate it as a homeless shelter. Spokane has requested that other jurisdictions partner with it to acquire and operate the proposed shelter. This location is immediately adjacent to Spokane Valley’s western border, so it would not have the logistical difficulties that downtown shelters present.

However, media reports have indicated that the facility is planned to be operated as a ‘low barrier’ shelter.  ‘Low barrier’ is generally defined as one where there are no mandatory requirements for staying there. That translates into ‘come as you are, no questions asked.’ If the City of Spokane Valley were to join such a partnership, it would need assurances of minimal requirements, such as excluding registered sex offenders, prohibiting possession of drugs and alcohol within the facility and having separate areas for women, men, and families.

Obviously, the discussion is far from over. Council is considering whether to join Spokane, and how it might amend its ordinances to address this growing problem.