Nine separate items appeared on this evening’s agenda; three action items, and six reports of various types. The first action item was the First Reading of Ordinance 19-018, Amending Park Regulations. Park regulations have not been updated in some time. Issues such as drone usage, piñatas, disc golf, and metal detectors have created situations requiring clarification of the existing rules, as well as more definitive rules on park closure times.  

For specific rules on each of the above items, please call the City’s Parks Department (509)720-5200 or check the website at www.spokanevalley.org and click on Parks.

The major point in the discussion, however, also applied to the next action item: The First Reading of Ordinance 19-019 Regulating Public Camping. The most pressing problem facing the City’s parks as well as other parts of the City is ‘camping’ by homeless people wherever they see fit to squat.

Ordinance 19-019 adopts the proposed regulations prohibiting ‘camping’ on public property. These regulations specify public property, including roadways, sidewalks, stormwater property, City Hall, parks and park facilities and any other public property where camping materially interferes with the intended use of the property.

Encampments (accumulations and belongings associated with camping) are included in the prohibition. If an encampment is found on non-park public property, a 48-hour notice to vacate will be issued, after which, the belongings will be collected and stored. For park property, there won’t be a 48-hour notice, but an immediate requirement to remove the belongings.

The above provisions, should there not be shelter bed space available, are not enforceable pursuant the Ninth Circuit Court’s Martin v. Boise decision. However, there are certain areas where ‘camping’ is never allowed, including City Hall grounds, Balfour Park, and Mirabeau Meadow/CenterPlace grounds.

The Spokane County Jail is not equipped to treat mentally ill individuals or addicts. Incarceration often exacerbates those conditions and doesn’t address recurrences. Spokane and Spokane County have been collaborating on the creation of a Mental Health Crisis Stabilization Center to provide an opportunity for qualifying individuals to stabilize and treat their condition rather than be jailed. Spokane Valley is participating in those discussions.

Washington State Department of Transportation (WSDOT) has approximately $6.6 million in funding to improve the I-90 interchange at Barker Road. Per WSDOT’s request, the City is managing the engineering design of the improvements on the south side of the interchange. WSDOT is paying for the engineering costs plus any internal administrative City costs. Both designs, north and south, call for single lane roundabouts. These modifications will increase the service rating from F to A. Those improvements will be ‘interim’ modifications until funding can be obtained for a later full buildout with two-lane roundabouts and added capacity to the Barker Road Bridge over I-90.

With a street network consisting of over 900 lane miles and nearly 10 million yards of paved area valued at $450 million, the City continues to search for ways to fund the maintenance and preservation of its roads. A recently completed study of road conditions in the City has indicated a need for a consistent, dependable funding source to properly maintain those roads. The proposal by some to fund road maintenance and preservation from budget surpluses disregards two important points: 1) What happens if there isn’t a budget surplus; and 2) Spending any surpluses takes away financial flexibility and robs the City of its ability to match grants which enable it to leverage its money to fund needed capital projects.

In order to maximize citizen input in reaching a final solution to the problem, the City plans to form a stakeholder group to provide direction and gather support for any solution reached. The “Pavement Preservation Ad-Hoc Committee (Committee) of 15 will be appointed by the Mayor, with Council ratification, to: 1) Evaluate citizens’ interest and support for maintaining its city streets and establishing acceptable pavement conditions; 2) Maintain city streets using best treatment practices and identifying long-term levels of service; and 3) Determine practical and acceptable funding sources to achieve recommended levels of service.

No meeting on November 5th, election night. Final approval of the City’s 2020 Budget, No Camping Ordinance, and Lodging Tax recommendations on November 12th.

This meeting of the Spokane Valley City Council commenced with a public hearing on the proposed Ordinance 19-016 amending the 2019 City Budget. The amendment affects both increases and decreases in capital and recurring accounts. The net effect is an increase in Revenues of $3,357,112 and a concurrent increase in Expenditures of $3,745,751. The public hearing was followed by a First Reading of Ordinance #19-016 amending the 2019 Budget. Motion to approve passed unanimously.

State law requires the City to pass an ordinance establishing its property tax levy for the ensuing year. After Spokane County updated its assessed 2020 valuation for Spokane Valley, the preliminary (not finalized) total is $10,163,140,111, which will produce an estimated revenue of $12,432,436 based on a levy rate of $1.223287 per $1,000 of valuation. That levy rate is slightly less than $.08 lower than 2019’s rate. This was the Second Reading of Ordinance #19-015, and it passed unanimously.

As the 2020 Budget moves toward adoption, Ordinance #19-017 was presented for its First Reading. This is the sixth time Council will have discussed various aspects of it. The 2020 Budget included total appropriations of $89,998,731 which contains $28,594,710 of capital expenditures (not to be confused with recurring expenditures in the normal course of City Operations). Those capital costs are anticipated to be partially offset by grant revenues of $19,897,385 from State and Federal sources.

2020 recurring revenue is estimated to be $48,281,200, representing a $2,784,400 (6.12%) increase over 2019. Recurring expenditures are estimated at $43,221,986 which is $1,260,515 (3%) greater than last year. Budgeted recurring revenues currently exceed expenditures by $5,059,814. Council voted unanimously to move Ordinance #19-017 to a second reading.

Each year, City Council hears requests from various outside agencies for grant assistance for their efforts. These agencies work on its behalf for various local economic and social services. The City’s 2020 budget provides $244,000 for that purpose.

From 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. $19,000 is 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 granted funds as a means of contracting with 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 its September 17th meeting, Council heard five-minute presentations from applicants. Council members then individually consider the amount to award each applicant. Applicants not receiving four or more votes do not get further consideration. An agency cannot receive more money than it applied for. Money that is not allocated is reapportioned among the remaining applicants.

Councilmembers delivered their recommendations to the City’s Finance Director for calculating the qualifying distributions. The 2020 Outside Agency grants are:
Elevations; a Children’s Therapy Resource Foundation    $3,929
Family Promise of Spokane    $9,071
Greater Spokane Meals on Wheels    $12,969
JAKT Foundation (CRAVE, Farmers’ Market, Octoberfest)    $14,862
NAOMI    $7,254
Spokane Center for Independent Living    $5,071
Spokane Valley Arts Council    $25,548
Spokane Valley Heritage Museum    $9,326
Spokane Valley Partners    $39,780
Spokane Valley Summer Theatre    $4,183
Teen & Kid Closet    $6,500
Valleyfest    $28,146
Widow’s Might    $15,361
Next week: First Reading on homeless camping in parks.

This Council Study Session opened with Council adopting Resolution 19-014 regarding the Barker Road Homes Sewer Project, facilitating the City’s joining Spokane County in a partnership to complete a septic tank replacement project located east of Barker Road in a manufactured home subdivision.

The project will eliminate existing septic systems above the aquifer, one of the last remaining unsewered areas in the City. The agreement calls for installation of a sewer line and re-paving the disturbed roadway which is already failing. The City and County will work together to establish a financial assistance program designed to mirror a prior CAPA (Community Aquifer Protection Assistance) program when the County eliminated septic tanks years back. The County will manage and operate the program.

The City’s financial contribution will come from two sources: 1) The City’s share of the Community Development Block Grant (CDBG) annual grant from the Federal department of Housing and Urban Development. The City is entitled to 20% of the County’s annual CDBG allocation, which amounts to approximately $270,000 annually. The City intends to dedicate its 2020 and 2021 program funding to this project for a total of $540,000. 2) The City will use $1,615,000 of its street wear funds to complete its estimated share of the total expense of $2,155,000.

The cost for each sewer connection will be approximately $10,340, which includes a general facilities charge, construction cost, and connection to the main sewer line.  The expense of the sewer connection may be financed over 20 years; and other financial assistance may be available.

The City’s Parks and Recreation Department together with the City’s Legal Department joined in updating the City Park Regulations to address ambiguities in its rules and clarifying conduct that reduces enjoyment of our parks. To that end, the proposed rules will more clearly define the use of pinatas, drones, and metal detectors in City parks.  

New hours of operation are proposed which will open the parks at 6:00AM and close them at 9:00PM or sundown, whichever happens first. The closure during hours of darkness is intended to eliminate opportunities for criminal activity. Another problem the revised operational hours are intended to mitigate or reduce is unauthorized camping in public parks.

However, a recent 9th Circuit Appeals Court decision (Martin v. Boise) has impaired the City’s ability to enforce its laws pertaining to illegal ‘squatting’ on public land and attempting to inhabit restrooms there.  While the City’s options for enforcement are limited, it is continuing to work to make its citizens park experience as pleasant as possible.

Spokane Valley has been experiencing impacts from the increasing numbers of homeless in the City over the past few years. The causes are varied and complex. There have been countless discussions in the region searching for solutions, but none appear to be working on a timetable that will address the approaching winter.

Spokane Valley contributes to regional efforts through grant funding. At least $1.2 million of City allocated funds go to directly deal with homelessness by funds routed through Spokane County who then allocates them to various public and private service providers.

There are two parks within the City that have attracted “squatters”: Balfour Park and Sullivan Park, where police have found individuals using park restrooms for housing, denying the intended use as public facilities. Park staff no longer issue park reservations at Sullivan Park because of the difficulty in removing the homeless.

The problem is not limited to parks. There are instances of people ‘camping’ in RVs and camp trailers along public roadways. Safety problems, lack of sanitation, and infectious contamination possibilities present significant challenges that the City is restrained from dealing with because of the recent Martin v. Boise decision.

Simply put that decision holds that if the City has no place to put the homeless, they can’t move them. However, the City has prepared language that hopes to at least in part deal with this growing problem. Important points are: 1) Prohibits ‘camping’ on public property; 2) Prohibits encampments, i.e. accumulations of belongings associated with camping; 3) In keeping with Martin v. Boise, states these provisions are not enforceable if alternate facilities are not available.

Under current legal restraints a workable solution may not be achievable. The City continues to search for solutions.

After two very long meetings over the past two weeks, the Spokane Valley City Council enjoyed a short and rather light business meeting. Opening with a proclamation identifying October as Domestic Violence Awareness Month, Council moved into a public hearing on the City’s Proposed 2020 Budget. This hearing marks the fifth of eight considerations on the path to final approval of that budget.

In a Second Reading of Ordinance 19-014, which makes adjustments to existing City Code addressing nuisance properties associated with extensive criminal activity, enforcement procedures and appeal fee waivers.

Ordinance 19-014 makes these 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 Ordinance 19-014.

Washington State law requires the City to pass an ordinance each year to establish the levy rate for property taxes. That ordinance, #19-015, was before Council for its First Reading, passing unanimously to a Second Reading scheduled for October 22nd.
Ordinance 19-015, using the City’s estimate of revenue, will generate approximately $12,432,000 based on a total preliminary assessed valuation of $10,163,140,111 at an applied estimated levy rate of $1.223287 per $1,000 of valuation. That rate is almost $.08 per $1,000 less than last year’s rate. While the rate calculation includes property taxes on new construction, it does not include the automatic 1% rate increase allowed by state law. Council opted not to take the 1% automatic increase for the 11th consecutive year.

There is some confusion about what happens to the tax opportunities not taken. In the years the City does not take the property tax increase, that increase is “banked” for potential future use. That banked capacity can be accessed by the City through the annual property tax levy (see above process) adopted by Council. However, the City may only take the banked capacity up to a level where the rate does not exceed $1.60 per $1,000 of valuation.

Accessing the banked capacity doesn’t mean Council can go back in time and collect the property taxes left on the table. It simply allows the City to reset the calculation base.

As year end nears, and the holiday season interrupts the regular meeting schedule, meetings promise to be filled with more business details. Next week, for instance, Council will be addressing homeless camping in our parks, park regulations, and sewer installation on north Barker Road.

On October 22nd, the Outside Grand Awards will be announced, and the first reading to adopt the 2020 City Budget will be discussed.

Following the briefing on the necessity of repairing City Hall Chamber’s east wall, Spokane Valley City Council voted to declare emergency conditions exist requiring immediate action. The action was taken because of impending inclement weather and to arrest further subsidence. The City will undertake the cost of those repairs with the expectation that it will be fully reimbursed by Meridian Construction, the original contractor. By this act, the City Manager is authorized to “…finalize and execute any contracts necessary to repair the curved east wall area in an amount not to exceed $400,000.” The vote was 7-0 to approve.

In addressing budget changes incurred to date, adjustments in revenue increases ($3,357,112) and expenditure increases ($3,745,751) across 13 separate accounts were by Council consensus (7-0) moved forward as presented. There will be a public hearing on these proposed changes on October 22nd, followed by a First Reading of Ordinance 19-016 approving the amendments.

Building upon the 2013 Parks and Recreation Master Plan, the draft 2019 plan is complete. The plan incorporates past tourism studies along with the City’s 2017 Comprehensive Plan. The creation includes a significant public engagement effort, extensive stakeholder interviews, two public meetings and input solicited at public events such as the City’s Farmers’ Market, Game On, and Movies in the Park.

Salient features in the Park Plan include “Strengthening partnerships with Spokane County and School Districts, Increasing access to the north side of Spokane River, Replacing the unused horse arena with a bicycle pump track and/or skate park, Completing Balfour Park expansion, and Developing new parks in underserved areas.” By consensus, Council will in the near future bring back the Parks and Recreation Master Plan 2019 Update for a resolution to adopt.

The City is able to engage and complete capital projects much larger than its ability as a single funding entity by successfully applying for grant assistance. “Capital Projects” include public works projects for planning, acquisition, construction, reconstruction, repair, replacement, rehabilitation or improvement of streets; roads; highways; sidewalks; street and road lighting systems; traffic signals; bridges, parks, recreational facilities, trails, etc.

Between 2011 and 2018, the City has spent $109 million on projects. $52 million of that was City funds. $51 million came from grant funding, while an additional $6 million came from other sources such as developer contributions, Spokane County, and Investment Interest. A significant success was the $9 million federal TIGER grant for the Barker Rail Crossing project. The City is expecting application results later this year for other project grant applications.

Pavement preservation, street operations and maintenance, and how to dependably fund them have been a topic of Council discussion at least 44 times since the City’s inception. To date, no sustainable funding source for its pavement management plan (PMP) has been satisfactorily settled upon.

Over the years, the amount of funding required to maintain the existing condition of the street network has always exceeded available funding. While the general condition of the City’s streets is good, they are relatively young. Although several PMP updates have recommended increased maintenance funding levels, pavement conditions have managed to remain in ‘good’ condition.

But as those streets continue to age, without the increased funding to maintain them, the PMP will decline faster than existing City resources can handle. This prognosis promises a reduced level of service leading to a much higher future cost to maintain.

A Pavement Management Ad-Hoc Commission to review the City’s existing pavement network, consider an acceptable City-wide pavement condition target, and how to fund the program is being discussed for the near future. Citizen input will be essential in moving forward.