Your Connection to the Spokane Valley City Council

Under the federal Coronavirus Aid, Relief, and Economic Security Act (CARES), Spokane Valley was awarded $2,901,600 in relief funds to be used for costs incurred in response to the COVID-19 public health emergency. The City developed a plan together with the Greater Spokane Valley Chamber of Commerce for distribution of those funds not used by the City to benefit area businesses for their use in continuing through this crisis.

The City identified its operational needs as $220,117, leaving $2,681,483 available for distribution to local entities. Those funds, under the agreement with the Washington State Department of Commerce allowing the City to receive $2,902,600 (a) an allocation which had to be used by October 31st. However, on September 11th, the City was notified that it had been awarded an additional $1,450,800 (b) in CARES funding. The deadline for spending the entire amount of funding has also been extended to November 30th.

Thus, the rather confusing numbers look like this:

Total City CARES Allocation= $4,352,400 (a+b)

Less Total Current Expenses =$2,562,781
                                                        (money already used)

Remaining Balance= $1,789,619

The City now must amend its Commerce agreement as well as its agreements with those administering the distribution and prior funding recipients. Distribution of the additional new money is being worked out. For precise details, please contact City Hall, (509) 720-5000 or www.spokanevalley.org. Motion to accommodate the necessary changes passed unanimously.

City Hall remains closed except by appointment. Appointments can be made by calling 509-720-5000, or visiting www.spokanevalley.org. Stay safe, observe the mandated safety precautions, and enjoy our autumn.

Council’s meeting started with a public hearing on the City’s 2021 Budget. This is the first of three public hearings on the Budget enroute to its final adoption on November 24th. Recurring Revenues for 2021 are estimated at $45,251,419 with recurring expenditures projected at $45,101,466.

These are the regular ongoing financial flows of City business. The revenue estimate is 1.81% higher than last year, but 6.28% less than the 2020 adopted budget. 2021 estimated expenditures are 4.35% greater than the adopted 2020 budget.

Use of electric-assisted bikes and motorized foot scooters has increased significantly in recent years. In response, the Washington State Legislature enacted laws in its last session that regulates use, broadening the definitions of motorized foot scooters and electric bicycles, amending regulations to set the minimum operating age (16), speed limit (15mph), prohibiting sidewalk use, and parking regulations. They also authorize local jurisdictions to establish applicable limits on those programs.

The City, in adopting Ordinance 20-011, amended its Code definitions to conform to state law and further states that parking of motorized personal transportation devices on sidewalks obstructing normal pedestrian use is illegal, except where there are no bike or shared use lanes. In that case, sidewalk use, yielding to pedestrians, is permitted but with a 10mph speed limit. Use on trails is generally prohibited but allows personal transportation devices equipped with an electric motor provided the user or rider does not exceed 15mph. Motion to approve Ordinance 20-011 passed unanimously.

A problem sometimes encountered in a young city is a land use that existed prior to adoption of a comprehensive land use plan but is no longer permitted. The existing use is then designated as a ‘nonconforming’ use which generally means that the existing purpose is permitted if that property continues under that use.

Proposed Code Text Amendment (CTA) 20-003 would clarify conditions where a non-conforming property owner could expand his or her operation on that property as a legal nonconforming use so long as the ownership remains the same.

Another issue arises under current code where a nonconforming property is destroyed or damaged by fire, flood, or neglect. If that damage results in more than an 80% destruction of the market value, the implication seems to be that the property may not be rebuilt. This has created financing issues for restoring damaged or destroyed single family homes. CTA 20-003 returns the language to identifying residential use as a permitted use not subject to nonconforming use regulations. Council unanimously reached consensus to move CTA 20-003 to a First Reading.

City Staff undated Council regarding the ongoing negotiations attempting to deal regionally with the area’s homeless problem. The various solutions include a separate shelter for younger people 18-24, with the idea it would be located in Spokane Valley. However, the limited time frame for building together with the lack of permittable property in the Valley have presented serious obstacles. Other proposals have identified locations for various levels of housing in Spokane and the County, but locations near facilities to accommodate or support homeless needs are sparse. The conversation continues.

A draft State Legislative Agenda for 2021 was presented for discussion. Under the current financial restrictions imposed by the Coronavirus, the prospects for financial aid from the State are not promising. However, it never hurts to maintain a presence at the legislature, thus an abbreviated list of needs and concerns include:

Pines Road/BNSF Rail Crossing Project: Recognizing and funding the need to address the top unfunded rail crossing in the state.

Fairgrounds Exhibition Center: An opportunity to participate with the County in a revenue positive venture with Lodging Tax funds.

The City has been negotiating with Washington State Depart of Transportation (WSDOT) for 45.73 acres of land upon which the City intends to build a park. The price is $2,091,600. The advent of the Coronavirus has interrupted negotiations, but this evening Council in a 4-3 vote, moved to complete the purchase as soon as possible. The funding will be diverted from money earmarked for development of Balfour Park. The three dissenting votes, Woodard, Haley, and Higgins argued that while the purchase should be made, there is no pressing need for speed while the impact of the Coronavirus on City finances is still uncertain.

City Hall remains closed except by appointment. Appointments can be made by calling 509-720-5000, or visiting www.spokanevalley.org. Stay safe, observe the mandated safety precautions, and enjoy our autumn.

At this time each year, as part of developing the City Budget, Council invites solicitations for participation in its Outside Agency Funding Requests Program. Through this process, the City contracts for services that it might not otherwise provide. Those services include economic development and support of the poor and infirm as permitted under state law.

The City’s 2021 Budget sets aside $244,000 for this purpose: $43,000 of that amount is committed to a contract with Greater Spokane Incorporated and $19,000 has been contractually pledged to the Greater Spokane Valley Chamber of Commerce. Both provide business development services to the City. That leaves $182,000 for allocations to applying agencies. As usual, requests far exceed available funds. At the closing date for requests, the aggregate of all 25 applications is $671,420.

Agencies interested in participating must submit a written application and present a verbal proposal. Based on these presentations, Councilmembers will each make a recommendation (vote) on who and how much each applicant should receive.

In order to participate, an applicant must receive at least four votes. A participant that fails to receive four votes is dropped from consideration in this funding cycle. Agencies that receive four or more votes will be awarded the average of Council recommendations. Funds that would have gone to applicants receiving three or fewer votes will be added back for reallocation.

In no event will an applicant receive more than the amount it applied for. Should the distribution process cause all of the applicants receiving seven votes to exceed their requests, the remainder shall be divided equally between agencies receiving five and six votes.

The recommendation of each Councilperson must be submitted to the Finance Director not later than 4:00 p.m. on Friday, October 9. The Director will prepare a summary of Councilmembers’ aggregate votes for final Council consideration and allocations at its October 20th meeting.

Applicants and amounts requested are: Christ Kitchen, $15,000; Elevations Children’s Therapy, $15,000; Feed Spokane, $6,050; Family Promise, $50,000; GSC Meals on Wheels, $30,000; Heidi Duty, $1,080; HUB Sports Center, $5,000; JAKT, $63,000; Jazzed About Reading, $9,000; Pet Savers, $24,000; Project Beauty Share, $2,500; Spokane Rapids, $5,000; Spokane Valley Arts Council, $52,600; Spokane Valley Heritage Museum, $43,500; Spokane Valley Partners, $70,000; Spokane Valley Summer Theatre, $46,000; Spokane Workforce Council, $25,000; Spokanimal, $20,440; Teen and Kid Closet, $20,000; The Family Guide-Rally the Valley, $16,750; The Family Guide-Back to School Bash/Supply Drive, $22,500; Valleyfest, $68,000; Valleyfest-Multicultural Event $15,000; Widows Might, $39,000; and YWCA, $7,000.

Over the last few Council meetings, a relaxation of control over public comments by the Mayor has contributed to a controversy over comments made in the Public Comments sections of the meeting. Citizens have used that opportunity to conduct personal vendettas against one another and occasionally sitting Council members.

Former Council members and surrogates for sitting Council members have engaged in attacking current Council members over alleged past Governance Manual (rules for meeting conduct) transgressions. Interestingly, members of the current Council majority now feel offended and threatened by those same types of comments.

Public comments made on action items are not affected by this motion, but this controversy has led to narrowing the rules for public comment to allow only discussion of City business. Personal comments and political rhetoric are not permitted. While it is suggested that comments critical of sitting Council members be civil, past court cases have held that just about any type of remarks are allowable under First Amendment privilege so long as they do not “…interrupt the conduct of the meeting.”

In the background information provided to Council for this motion consideration, the City Attorney said, “The courts have made it very clear that elected officials need to have a thick skin, and to tolerate comments that might be deeply offensive or involve profanity.” Paraphrasing, Councilman Higgins stated in opposition to the motion: “As Harry Truman famously said, ‘”If you can’t stand the heat, get out of the kitchen!’”

Appropriate measures that can be taken when public comments get out of hand interrupting the conduct of business include suspending the meeting until order is restored; encouraging the Mayor to conduct the meeting with clarity and authority; and requesting an opinion from the City Attorney if questions of legality arise. The motion passed by a vote of 4-3.

City Hall remains closed except by appointment. Appointments may be made by calling 509-720-5000, or visiting www.spokanevalley.org. Please be safe and protect yourself and your loved ones from the double calamity of smoke and Covid-19.

At its last meeting, Council voted to move Ordinance 20-007, amending City Code on annexation to a second reading. The first step to adoption of an Ordinance is a review by Council followed by a first reading. The amendment of Chapter 19.180 of the City Code (Ordinance 20-007) provides criteria and procedures for considering an annexation. The amendment defines the structure to address zoning of newly annexed areas and implementation of the City Comprehensive Plan policies and strategies in those areas.

Annexed property becomes subject to City laws including land use, taxation, and other City regulations. The City is then responsible for providing services such as maintaining public infrastructure or facilities to the annexed area. Water, sewer, power, and gas in the Valley are provided by independent purveyors with the City providing public safety and street related services such as plowing, maintenance, sweeping, and stormwater removal. Council voted unanimously to adopt Ordinance 20-007.

Council also moved 2020 Comprehensive Plan Amendments (CPA), Ordinances 20-008 and 20-009 to a Second Reading. The Ordinances includes the following:

Ordinance 20-008:

1. CPA-2020-0001; 1311 N. McDonald, change .47 acres from Single Family Residence to Corridor Mixed Use and the zoning from R-3 to CMU

2. CPA-2020-0002; Fancher Rd/Sprague, change 2.98 acres from Industrial to Regional Commercial and zoning from I to RC

3. CPA-2020-0003; 1723 & 1724 N. Union, change 6.24 acres from Multifamily Residential to Corridor Mixed Use and the zoning from MFR to CMU

4. CPA-2020-0006; East Valley School District, change 8.8 acres from Industrial to Corridor Mixed Use and the zoning from I to CMU

5. CPA-2020-0007; Applies citywide, Policy and corresponding implementing changes to maps for alternative housing types and creating a new zoning district (R-4), Single Family Residential

Ordinance 20-009: Amends the Comprehensive Zoning Maps to reflect the changes made in Ordinance 20-008.

The motion to adopt Ordinances 20-008 and 20-009 was approved unanimously.

Essential Public Facilities (EPF) house state and local services such as jails, solid waste handling facilities, in-patient facilities like substance abuse, mental health, group homes, and secure community transition services. While the City may not preclude the siting of ETFs within its jurisdiction, it can control where such facilities are located.

Ordinance 20-010 is an amendment (CTA) to the City’s Municipal Code prohibiting EPFs in residential zones but permitting them in Mixed Use Zones. The motion to adopt Ordinance 20-010 passed unanimously.

Increased use of electric-assisted bikes and motorized foot scooters has increased significantly in recent years. In response, the Washington State Legislature enacted laws in its last session that regulates use, amending RCW Title 46 in the process. Generally, those new laws broaden the definitions of motorized foot scooters and electric bicycles, amends regulations to set the minimum operating age (16), speed limit (15mph), prohibiting sidewalk use, and parking regulations. They also authorize local jurisdictions to establish applicable limits on those programs.

The City, in its proposed Ordinance 20-011, amends Code definitions to conform to state law and further states that parking of motorized personal transportation devices on sidewalks obstructing normal pedestrian use is illegal. Such motorized vehicles are permitted in bike lanes on streets with speed limits greater than 25mph, but those vehicles would be prohibited on sidewalks and public trails. Motion to move Ordinance 20-011 to a Second Reading was unanimously approved.

The City’s 2021 Budget anticipates expenditures $93,128,465. That includes $28,932,179 in capital expenditures which will in part be covered by $18,626,060 in federal and state grants. 2021 estimated General Fund revenue is $45,251,419, which is $3,030,381 (6.28%) less than the 2020 adopted budget*.

2021 recurring General Fund proposed expenditures are $45,101,466 which are $2,188,341 (5.10%) greater than the amended 2020 budget. Budgeted recurring revenues currently exceed recurring expenditures by $149,953. Full time employee count will remain at 95.25 in 2021.

*The 2020 Adopted Budget was later amended to reflect a 20% decline in revenues due to Covid-19.

City Hall remains closed except by appointment. You can make an appointment by calling 509-720-5000, or visiting www.spokanevalley.org. Stay safe, while observing the mandated safety precautions and enjoying our march into autumn.

View Past Spokane Valley City Council Highlights