2024, 03-05 Study Session
AGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
STUDY SESSION FORMAT
Tuesday, March 05, 2024 6:00 p.m.
Remotely via ZOOM Meeting and
In Person at Spokane Valley City Hall, Council Chambers
10210 E. Sprague Ave.
Spokane Valley, WA 99206
Council Requests Please Silence Your Cell Phones During Council Meeting
NOTE:Members of the public may attendSpokane Valley Council meetings in-person at the address
provided above, or via Zoom at the link below. Members of the public will be allowed to comment in-
person or via Zoom as described below. Public comments will only be accepted for those items noted on
the agenda as “public comment opportunity.” If making a comment via Zoom, comments must be received
by 4:00 pm the day of the meeting.
Sign up to Provide Oral Public Comment at the Meeting via Calling-In
Submit Written Public Comment Prior to the Meeting
Join the Zoom WEB Meeting
-------------------------------------------------------------------------------------------------------------------------------
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA
PROCLAMATION:
GENERAL PUBLIC COMMENT OPPORTUNITY: This is an opportunity for the public to speak on any
subject except agenda action items, as public comments will be taken on those items where indicated. Please
keep comments to matters within the jurisdiction of the City Government. This is not an opportunity for questions
or discussion. Diverse points of view are welcome but please keep remarks civil. Remarks will be limited to
three minutes per person. If a person engages in disruptive behavior or makes individual personal attacks
regarding matters unrelated to City business, then the Council and/or Mayor may end that person’s public
comment time before the three-minute mark. To comment via zoom: use the link above for oral or written
comments as per those directions. To comment at the meeting in person: speakers may sign in to speak but it
is not required. A sign-in sheet will be provided at the meeting.
ACTION ITEMS:
1. Resolution 24-005: Surplus Property – Chelsie Taylor
\[public comment opportunity\]
2. Motion Consideration: LTAC Appointments – Mayor Haley
\[public comment opportunity\]
3. Motion Consideration: Potential Grant Opportunity: Congressionally Directed
Spending (CDS) requests – Adam Jackson
\[public comment opportunity\]
NON-ACTION ITEMS:
4. Admin Report: Capital Projects Grants Review – Adam Jackson, Dan Baker
5. Admin Report: RCO Grant Opportunity, Balfour Park – John Bottelli
6. Admin Report: Franchise Agreement, Wholesail Networks, LLC– Tony Beattie
7. Advance Agenda – Mayor Haley
Council Agenda March 05, 2024 Page 1 of 2
COUNCIL COMMENTS
CITY MANAGER COMMENTS
EXECUTIVE SESSION: Potential Litigation \[RCW 42.30.110(1)(i)\]
(Proposed motion: I move Council adjourn into executive session for approximately 1 hour to discuss
potential litigation, and that no action will be taken upon return to open session.)
ADJOURN
Council Agenda March 05, 2024 Page 2 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: March 5, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
information admin. report pending legislation executive session
AGENDA ITEM TITLE: Proposed Resolution 24-005 Declaring Property Surplus
GOVERNING LEGISLATION: Spokane Valley Municipal Code 3.49.020 - Disposition of City
property
PREVIOUS COUNCIL ACTION TAKEN: The City purchased 4216 N. Best Rd. on October 7,
2022, by public auction as the result of a code enforcement judgement on the property. Adoption
of the 2024 Budget including the planned replacement of vehicles. No formal action taken on the
surplus process.
BACKGROUND:
The City purchased real property at 4216 N. Best Rd. (parcel 45022.4817) at a public auction on
October 7, 2022, for $186,000. Of this purchase price, $173,608.06 was related to a judgment
on Case No. 21-201535-32 where the City was awarded amounts related to a code
enforcement case on the property. The additional $12,391.94 was paid by cashier’s check by
the City for the acquisition.
This property is proposed as surplus to the City’s needs because the City does not have or
anticipate having any practical, efficient, or appropriate use for the property. Per Spokane Valley
Municipal Code (SVMC) section 3.49.020(A)(3)(a), such property may be declared surplus. City
department directors have been notified of the surplus nature of this property, and no
department has any desire to acquire or use the proposed surplus property. Accordingly, all
prerequisites of SVMC 3.49.020 for this real property to be designated by Council as surplus
have been satisfied.
As part of the 2024 Budget development process, Council approved the replacement of several
vehicles, including a snowplow and a backhoe. The City does not have, and does not anticipate
having any practical, efficient, or appropriate use for these vehicles. The vehicles slated for
replacement and are being proposed for the surplus designation are as follows:
2-302 2004 Dodge 35518D1D7HL48K64S607947
Dakota
3-501 2004 Ford Taurus 06770D1FAFP53234G181081
4-009 2014 Ford Escape 58401D1FMCU9GX8EUD88115
SE
5-201 2007 Ford F-250 40206D1FTSX21537EB23038
6-401 2005 Dodge 76062D1D7HW28N95S182019
Dakota
5-205 1996 Int'l 254/CC 47304D1HTGBAAR1TH233745
FB
5-2132010Cat BackhoeG022193DAN00245
A draft Resolution to declare this property surplus is attached to this RCA. If the Resolution is
approved by Council, the City Manager will be authorized to dispose of the surplus personal
property pursuant to SVMC 3.49.020(B)as follows:
1. The City Manager may dispose of surplus personal property by public auction, bid or other
method of sale on terms deemed to be in the best interest of the City.
2. Surplus personal property which is unsellable because of obsolescence, wear and tear, or
other reasons may be dismantled, if necessary, and sold as scrap.
3. For surplus real property, the City Manager shall secure a market value appraisal and proceed
to sell the same by public auction or through other procedures the City Manager deems to be
in the best interest of the City.
Our goal is to dispose of the surplus items by selling what we can and discarding what we cannot,
in a manner that minimizes the use of City resources.
OPTIONS: Move to approve Resolution 24-005 declaring as surplus certain real and personal
property of the City or other action as appropriate.
RECOMMENDED ACTION OR MOTION: Move to approve Resolution 24-005 declaring as
surplus certain real and personal property of the City.
BUDGET/FINANCIAL IMPACTS: Sale proceeds are unknown at this time.
STAFF CONTACT: Chelsie Taylor, Finance Director
ATTACHMENTS:
Proposed Resolution No. 24-005 Declaring Surplus
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 24-005
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, DECLARING CERTAIN REAL AND PERSONAL PROPERTY
OF THE CITY SURPLUS TO THE NEEDS OF THE CITY, AUTHORIZING
DISPOSAL OF THE SAME, AND OTHER MATTERS RELATED THERETO.
WHEREAS, Spokane Valley Municipal Code (SVMC) 3.49.020(A) requires that real and
personal property be declared surplus by the Spokane Valley City Council prior to its disposal; and
WHEREAS, the criteria for a declaration that the property is surplus to the needs of the City are
set forth in SVMC 3.49.020(A), and includes that the City has or anticipates no practical, efficient, or
appropriate use for the property; and
WHEREAS, upon such a declaration passed by resolution of the Spokane Valley City Council,
the City Manager is authorized to sell surplus real property pursuant to SVMC 3.49.020(B); and
WHEREAS, City department directors have been notified of the surplus nature of this property,
and no department has any desire to acquire or use the proposed surplus property; and
WHEREAS, the City purchased real property at 4216 North Best Road (parcel 45022.4817) at a
public auction as part of a code enforcement action by the City on October 7, 2022; and
WHEREAS, since the previous declaration of surplus items on August 23, 2022, several of the
City’s vehicles previously used for City Hall operations have become no longer useful or usable for their
intended purpose; and
WHEREAS, the replacement of these vehicles was approved in the adoption of the 2024 budget on
November 21, 2023; and
WHEREAS, the City would like to dispose of these items that are unneeded or not useful to the
City.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington as follows:
Section 1. Declaration of surplus real property. The Spokane Valley City Council hereby declares
that the real property referred to as Spokane County parcel number 45022.4817, and legally identified as:
TRENTWOOD ORCHARDS NORTH 200’ OF WEST ½ OF BLOCK 32 EXCEPT WEST
390.36’ THEREOF AND PORTION OF BLOCKS 28 AND 32 DESCRIBED AS FOLLOWS;
NORTH 65’ OF WEST 309.36’ OF BLOCK 32 AND SOUTH 60’ OF WEST ½ OF BLOCK 28
is surplus to the needs of the City, and the City has no practical, efficient, or appropriate use for the
Property. The property being declared surplus is identified by parcel map in Attachment 1 to this
resolution.
Resolution 24-005 – Declaring Items as Surplus Page 1 of 3
Section 2. Declaration of items of personal property surplus to the needs of the City. The City
Council hereby declares that the list of items as follows:
2-302 2004 Dodge 35518D1D7HL48K64S607947
Dakota
3-501 2004 Ford Taurus 06770D1FAFP53234G181081
4-009 2014 Ford Escape 58401D1FMCU9GX8EUD88115
SE
5-2012007Ford F-25040206D1FTSX21537EB23038
6-401 2005 Dodge 76062D1D7HW28N95S182019
Dakota
5-205 1996 Int’l 254/CC 47304D1HTGBAAR1TH233745
FB
5-213 2010 Cat Backhoe G022193DAN00245
are declared surplus to the need of the City, as they have no practical, efficient or appropriate use to the
City, or are damaged, inoperable or obsolete, and the cost of repairing the same is uneconomical or
impractical.
Section 3. Authorization to dispose of surplus property. The City Manager is authorized to dispose
of the surplus real and personal property identified in Sections 1 and 2 of this Resolution pursuant to SVMC
3.49.020(B):
Sale of Property. Following passage of a resolution declaring City property surplus, City property
shall be sold or disposed of in accordance with the following:
1. The city manager may dispose of surplus personal property by public auction, bid, or
other method of sale on terms deemed to be in the best interests of the City.
2. Surplus personal property which is unsellable because of obsolescence, wear and tear,
or other reasons may be dismantled, if necessary, and sold as scrap.
3. For surplus real property, the city manager shall secure a market value appraisal and
proceed to sell the same by public auction or through other procedures the city manager
deems to be in the best interests of the City.
Section 3. Effective Date. This Resolution shall be effective upon adoption.
Resolution 24-005 – Declaring Items as Surplus Page 2 of 3
Adopted this ____ day of March, 2024.
CITY OF SPOKANE VALLEY
ATTEST: Pam Haley, Mayor
Marci Patterson, City Clerk
Approved as to form:
_______________________________
Office of the City Attorney
Resolution 24-005 – Declaring Items as Surplus Page 3 of 3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: March 5, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
information admin. report pending legislation executive session
AGENDA ITEM TITLE: Mayoral Appointment: Lodging Tax Advisory Committee
GOVERNING LEGISLATION: RCW 67.28.1816; Spokane Valley Municipal Code 3.20.040
PREVIOUS COUNCIL ACTION TAKEN: n/a
BACKGROUND: Per state statute, the Lodging Tax Advisory Committee shall consist of five
members: two representatives of businesses required to collect the tax, two members involved in
activities authorized to be funded by the tax, and one City Councilmember. Two positions had terms
that expired as of December 31, 2024. One position for a business required to collect the tax and
the other for a representative of an entity that has been funded by the tax. Ads announcing the
vacancy ran in the Valley News Herald and the Exchange, and notice was also placed on the City’s
website. The extended deadline to receive applications was 4:00 p.m. February 23, 2024. We
received two applications: from Ms. Amanda Alcamo with Oxford Suites in Spokane Valley, and Ms.
Jennifer Bull with the HUB Sports Center. These appointments are for a term of two years to run
from the time of appointment through December 31, 2025.
OPTIONS: Confirm or not, the Mayor’s recommendation for appointment. If the Mayor’s
recommendation is not confirmed by Council, the Mayor may either make another recommendation
or the matter can be postponed.
RECOMMENDED ACTION OR MOTION: “I move to confirm the Mayoral appointments to the
Lodging Tax Advisory Committee, of Amanda Alcamo, representing a member authorized to collect
the tax, and Jennifer Bull a member representing an entity that has received funding from the tax
with a term beginning immediately upon appointment and expiring December 31, 2025.”
BUDGET/FINANCIAL IMPACTS: n/a
STAFF/COUNCIL CONTACT: Mayor Haley
___________________________________________________________________________
ATTACHMENTS: Application from Amanda Alcamo and from Jennifer Bull.
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: March 5, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
information admin. report pending legislation executive session
AGENDA ITEM TITLE: Motion Consideration: Fiscal Year 2025 Congressionally Directed
Spending Requests (Earmarks)
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN:
December 12, 2023 – City Council approved its 2024 federal legislative agenda.
February 21, 2023 – City Council authorized the City Manager to submit the City’s
priority project list to federal delegation for 2024 budgeting.
December 20, 2022 – City Council approved its 2023 federal legislative agenda.
March 29, 2022 – City Council authorized the City Manager to submit the City’s priority
project list to federal delegation for 2023 budgeting.
February 23, 2021 – City Council authorized the City Manager to submit the City’s
priority project list to federal delegation for 2022 budgeting.
BACKGROUND: Starting in 2021, Congress implemented its Congressionally Directed
Spending (CDS) request process to federally fund community projects as part of the upcoming
year’s budget. Commonly, CDS funded projects are called “earmarks.”
In 2021, the South Barker Road Corridor received $3 million with Senator Murray’s sponsorship.
In 2022, the Sullivan and Trent Interchange Project received $2.65 million (sponsored by
Senator Cantwell and Representative McMorris Rodgers) and the Pines Road/BNSF Grade
Separation project received $5 million (sponsored by Senator Murray). The 2023 application
awards have not yet been announced by Congress; however, the draft funding list includes $3
million for the Sullivan and Trent Interchange project (sponsored by Representative McMorris
Rodgers).
As of February 2024, Congress has not finalized the 2025 budgeting process and official CDS
opportunities have not been approved by Congress. However, Senator Cantwell’s FY25
application request was announced in early February and is due March 18. Staff anticipate
remaining applications will be made available by Senator Murray’s and Representative
McMorris Rodgers’s offices in the coming weeks.
Historically, CDS funds have required a 13.5% non-federal match. Staff anticipates this year
will be like the last two years and propose submitting CDS funding requests for each of the
City’s 2024 federal agenda projects identified in Table 1. Requested funding amounts were
previously identified with the adopted agenda on December 12, 2023.
Table 1. Recommended CDS Project Requests
Requested Secured Unsecured Total Project
Rank Project Name
Funding Funding Funding Cost
1 Sullivan/Trent Interchange $ 5,000,000 $ 7,594,798 $ 38,830,048 $ 46,424,846
2 South Barker Corridor $ 3,000,000 $ 13,333,400 $ 27 649,800 $ 40,983,200
3 Argonne Bridge at I-90 $ 3,000,000 $ 1,500,000 $ 26,700,000 $ 28,200,000
4 Barker/I-90 Interchange $ 4,000,000 $ 0 $ 40,000,000 $ 40,000,000
Page 1 of 2
OPTIONS: Move to authorize the City Manager or designee to submit funding requests for all
three projects as identified in Table 1; or take other action.
RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager or designee, to
submit CDS funding requests for all four projects as identified in Table 1.
BUDGET/FINANCIAL IMPACTS: If awarded funds, a 13.5% non-federal match is expected.
STAFF CONTACT: Adam Jackson, Engineering Manager
Dan Baker, Assistant Engineer – Planning & Grants
____________________________________________________________________________
ATTACHMENTS: Power Point
2024 Federal Legislative Agenda (02/27/2024) and project one-pagers
Page 2 of 2
2024 FEDERAL LEGISLATIVE AGENDA
10210 E Sprague Avenue Spokane Valley,WA 99206
Phone: (509) 720-5000 www.SpokaneValleyWA.gov
CAPITAL PROJECTS
These projects offer practical solutions to improve capacity, mobility and safety on the National Highway System while
preserving and hardening Interstate 90. The City is committed to sustaining a national system with thoughtful,local
improvements.
Sullivan/Trent Interchange
Total Cost: $46Million
2024 CDS Request: $3 Million(Pending)
2025 CDS Request: $5 Million
Barker/I-90 Interchange
Total Cost: $40 Million (Est.)
2025 CDS Request $4 Million
Argonne Bridge at I-90
South Barker Corridor
Total Cost: $24 Million (Est.)
Total Cost: $41Million
2025 CDS Request: $3 Million
2025 CDS Request $3 Million
CDS = Congressionally Directed Spending
PRIORITY POLICIES
Concern over the Unhoused andGrowing Epidemicof Substance Abuse
The City of Spokane Valley supports immediate passage of legislation to reauthorize the SUPPORT Act and
spaces. The City will advocate forfederal programs and funding to advance meaningful outcomes to address
homelessness. Additionally, the City will seek to utilize programs and funding from the federal government to increase
drug treatment and enforcement programs. The City supports the passage of the Halt Fentanyl and Fend Off Fentanyl
Acts to address the national fentanyl crisis.
Eliminate Obstacles to Efficient Implementationof Federal Transportation Projects
The City has encountered obstacles to the timely use of federal funding in the construction of critical transportation
Transportation to ensure that coordination between federal agencies does not continue to delay the efficient use of
federal transportation funds.
Continue Federal Infrastructure Partnerships
Given the unprecedented growth and maintenance needs of existing infrastructure within the region, the City
encourages Congress to continue federal participation in locally directed projects. The City fully supports its
partnership with the Federal Department of Transportation to implement the projects and programs funded through
federal grant programs. The City encourages members of Congress to visit our region and see the extraordinary
PreserveColumbia River System and Lower Snake River Dams
The City extends its strong support to maintain the Columbia River System and Lower Snake River dams, a critical
cog in our economy providing clean and reliable power, irrigation for local farmers and the agricultural community,
transportation of goods and commodities, recreation and tourism, and water supply management for ourregion.
Feb. 27, 2024
Sullivan/Trent
Interchange Project
Challenge:The Sullivan Road Bridge over State Route 290 (Trent Avenue) was built in 1960 and is
ratedtoday asdeficient,high risk, and in poor condition,Washington State Department of
SDOT)lowest rating.Further, the failing interchange creates extensive congestion
Goal:$41milliontoreconstruct the interchangewhileimproving safety and efficiency for all users.
ProjectContext:Sullivan Road between I-90 and SR 290 is home to 9,000 jobs, 85% directly related to freight.
Large employers,including Spokane Business Park (SBIP), Kaiser Aluminum, Mercer Mass Timber and
Amazon, move their goods and employees via Sullivan Road and Bigelow Gulch Road. The Sullivan-
Future US 395 (North Spokane Corridor). Massivefreight and commuter traffic causes chaotic half-mile
The
bridge girders haveinsufficient clearance and are often struck by trucks traveling on SR 290.
BigelowGulch-Sullivan Corridor
NEPDA
SR 290
Amazon
SBIP
Mercer
Kaiser
I-90
Proposed New Roundabouts
Existing Traffic Signals
Project Highlights
Funding: $46.4MillionEstimated Total Cost
Safety: Eliminates dangerous left turns and
minimizes fatal/severe angle collisions
$4Million Design (Fully Funded)
$1.5 Million Right-of-Way(Fully Funded)
Bridge Condition:Restoressubstandard bridges
$40.9MillionConstruction(Unsecured)
to promote freight expansion
Funding Need: $38.8Million
Traffic Capacity: 2030Level of Service (LOS)
improves from
$25 Million RAISE Request in2024
$33.6 Million BIP Request in 2024
All Users:Newshared use path and sidewalk
Request CDS FY2025:$5Million
providessafety andcomfort
Secured Funding: $7.6 Million
Community:Support for proposed design
$1.0Million in City Funds
$6.6Million in Federal Funds
Feb. 27, 2024
Argonne Road Bridge
Improvements at Interstate 90
Challenge: The existing two-lane Argonne Road Bridge over Interstate 90 (I-90) is the critical bottleneck
moving through Spokane Valley and eastern Spokane County. The bridge is old, undersized, weight-
restricted, has insufficient clearance over I-90 and has no pedestrian or bicycle facilities.
Goal: Seeking$3 million to finalize the design of the bridge replacement over Interstate 90.
Project Context: The Argonne Road Bridge over Interstate 90 is a principal arterial and designated T-1
freight corridor experiencing over 10 million gross tons annually, Washington State Department of
Transportation(WSDOT)highest rating. The project will reconstruct the existing bridge and add a third
lane to improve safety and traffic flow. Anew shared-use path willaddpedestrian andbicycle facilities to
improvesafe mobility for all users.
Partners
By 2026,Spokane Transit Authority
will constructits I-90 regional Park
andRide Facility along the southern
limits of the interchange.
This transit project is fully funded by
WSDOT and STA. Together, the
Existing
City, STA and WSDOT will be
Three-Lane
responsible for collaborating to
Reconstruct
Bridge to Remain
deliver these companionprojects.
Existing Bridgeand
Add ThirdLane
Estimated Cost (By Phase)
In 2022,Spokane Regional
Transportation Council (SRTC)
awarded $1.2 million to beginproject
design. The City requires an
additional $3 million to complete
design.The City initiated its
preliminary design efforts in fall
2023.
New STA
Park and Ride
Transit Facility
Design $ 4.2 Million
2026
Construction $24.0 Million
Total Estimated Cost: $28.2 Million
Feb. 27, 2024
Barker Road/Interstate 90
InterchangeProject
Challenge:The Barker Road/Interstate 90 (I-90) Interchange iscriticallyundersizedand is approaching its
point of failurethat inhibitsnew development in the City and adjoining jurisdictions.
Goal: Seeking $4millionfor the engineering design phase to reconstruct the interchange.
ProjectContext:The Barker Road andI-90 interchange is the most important element of this regional corridor.
This project will replace the two-lane bridge with a new four-lane bridge and replace the single-lane roundabouts
with new two-lane roundabouts. Immense industrial and residential growth spanning Spokane Valley, Spokane
.
traffic conditions with unstable traffic flow and extensive congestion. The interchange serves over800 acres of
industrial propertyand220 acres of homeswithin city limitsalone. Barker Road is a key arterial for vehicles
accessing Interstate 90, the east-west Sprague Avenue corridorNortheast Industrial Area.
Project Partners
Estimated Cost(By Phase)
Federal Highway Administration
Preliminary Engineering $ 4Million
Washington State Departmentof Transportation
Right-of-Way $ 2Million
Spokane County
Construction $34Million
Spokane Regional Transportation Council
Total Estimated Cost: $40Million
Greater Spokane Valley Chamber of Commerce
Replace Three-Lane
Potential to Realign
Bridge with Four-Lane
BooneAve/BarkerRd
Bridge
Intersection
Replace Single-Lane
Roundaboutswith
Two-Lane
Roundabouts
Potential to Realign
Broadway Avenue,
East of Barker Road
Feb.27, 2024
South Barker Road
Corridor Projects
Challenge:Barker Road is bursting at the seams. The corridor is undersized and struggles to provide access
to its bustling commercial and industrial districts that have tripled in size in the past five years.
Goal:Seeking $3million to deliverkey projects necessary to accommodate rapid growth and commerce.
Project Context:The Barker Road corridor is a key arterial that parallels the eastern boundary of Spokane
Valley and intersects with I-90, connecting people and goods to over 800 acres of industrial property and 220
acres of homes. The area is experiencing rapid industrial growth north of the interstate and expanding residential
neighborhoods south of the interstate, particularly in Spokane County and east in the City of Liberty Lake. The
congestion creates unwarranted safety hazardsanddelays, slows the overall economic growth and dampens
the prosperity of our region.
Required Project Elements
Mission to Boone
1
Reconstruction: Widen to five lanes (Not Started)
Barker Road/Interstate 90 Interchange
2
Included on Federal Agenda -See Project Flyer
(Costs are not included in the funding status below)
I-90 to Appleway
3
Reconstruction: Widen to five lanes (Not Started)
Sprague/Barker Roundabout
4
Single lane roundabout (Completed in 2022)
Appleway to City Boundary
5
Reconstruction: Widen to three lanes (In Design)
th
4/Barker Roundabout
6
Singlelane roundabout (In Design)
th
8/Barker Roundabout
7
Single lane roundabout (In Design)
PartnersFunding Status
Federal Highway Administration
Total Costof Projects$41.0Million
Washington State Departmentof Transportation
Completed Projects$ 2.7 Million
Spokane County
Secured Funds$ 7.1Million
Impact Fees$ 3.6 Million
Spokane Regional Transportation Council
Greater Spokane Valley Chamber of Commerce
Total Funds Required$27.6Million
Feb. 27, 2024
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: March 5, 2024 Department Director Approval:
Check all that apply:
consent old business new business public hearing
information admin. report pending legislation executive session
AGENDA ITEM TITLE: Capital Projects Grants Review
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: N/A
BACKGROUND: On September 26, 2017, and October 1, 2019, staff provided administrative
reports outlining the City’s grant application history for public works projects. The grant history
dates back to 2011. This report includes information on the applications submitted between
2011 and present.
OPTIONS: Discussion
RECOMMENDED ACTION OR MOTION: Discussion
BUDGET/FINANCIAL IMPACTS: Discussion
STAFF CONTACT: Adam Jackson, Engineering Manager
Dan Baker, Assistant Engineer – Planning & Grants
___________________________________________________________________________
ATTACHMENTS: Grant Funding History PowerPoint
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date:March 5, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
information admin. report pending legislation executive session
AGENDA ITEM TITLE: Admin Report: Potential Grant Opportunity – Balfour Park
GOVERNING LEGISLATION: N/A.
PREVIOUS COUNCIL ACTION TAKEN:
08/28/2007 Admin Report; Approval for Feasibility Study for Balfour Park
09/11/2012 Administration Report - Spokane County Library District (SCLD) Interlocal
Agreement
09/25/2012 Passed motion to execute SCLD Interlocal Agreement
10/29/2013 Passed motion to adopt Balfour Park / Library Conceptual Plan
11/12/2019 Adoption of 2019 Parks and Recreation Master Plan Update
01/26/2021 Administration Report - SCLD Update by Director Patrick Roewe
02/02/2021 Administration Report - SCLD Interlocal Agreement Proposed
Amendment
02/09/2021 Passed motion to amend SCLD Interlocal Agreement
07/06/2021 Passed motion to authorize AHBL Park Design Agreement
07/27/2021 Administration Report – SCLD Library Design Update
08/05/2021 Community Workshop to prioritize Park elements
08/17/2021 Administration Report – Balfour Park Design Update
08/24/2021 Administration Report – Potential & Pending Projects
10/26/2021 Administration Report – Balfour Park Design Update
12/14/2021 Administration Report – Balfour Park Design and Bid Update
03/15/2022 Potential Grant Opportunity – Recreation and Conservation Office (RCO)
04/12/2022 Administration Report – Balfour Park Design and Bid Update
08/30/2022 Passed motion to authorize Amendment #2 for AHBL for updated park
design services
11/15/2022 Administration Report – Balfour Park Phase 1 Expansion Update
01/24/2023 Award Contract 23-038 with Additive Alternates #1-3 to Cameron Reilly
and authorize Park Building purchase
05/02/2023 RAVE Foundation Soccer Mini Pitch Donation
BACKGROUND: The City entered into an Interlocal Agreement with the SCLD in 2012, shortly
after the City purchased 8.4 acres of property from Pring Corporation, in anticipation of SCLD
constructing and operating a new central library facility within Spokane Valley.
TheCity sold a total of 2.82 acres to SCLD for construction of a new library, which was
anticipated to occur within a five-year period. In 2017, the Interlocal Agreement timeframe for
completion was extended from 2017 to 2022. Through the interlocal, the City committed to
funding the frontage improvements required for the library and some joint site improvements up
to $1.3M. SCLD submitted a bond proposal to the voters in 2013 and 2014, both of which failed
to reach the required 60% approval threshold to pass. In 2021, SCLD identified alternative
funding options without a voted bond. The library project was advertised in January of 2022 and
bids were opened on February 17, 2022.
On July 6, 2021, Council authorized the City Manager to execute a contract with AHBL, Inc.
(AHBL) for design services of the Balfour Park Expansion. The design was to be completed in
two phases.
The Phase 1 project consisted of the main park infrastructure including excavation and grading,
water, electric and sewer utilities, some of the park pathwaysand lighting system, the easterly
parking lot, some landscaping/irrigation, and the new restroom building.
The Phase 2 project was to include the architectural park elements identified in the adopted
Master Plan which consist of an events plaza, signature playground, splash pad, picnic shelter,
sports courts, veterans’ memorial, amphitheater, and a walking trail.
The initial design and construction documents for the Phase 1 project were completed and staff
advertised for construction bids on February 18, 2022. Three bids were opened on March 18,
2022. Unfortunately, the bids were substantially over the engineer’s estimate and project
budget.
AHBL redesigned the contract documents and staff coordinated with a prefabricated building
manufacturer to complete a design for the park building to be supplied by the City. Due to the
unprecedented bidding environment experienced earlier in 2022, staff recommended at the
November 2022 meeting, and Council agreed by consensus, to include potential additive
alternate elements that could be awarded at the discretion of Council, should bids be more
favorable and/or if additional funding became available. At that meeting, Council also reached
consensus to allocate $950,000 from Fund 312 to the project for the multi-use building.
The revised Phase 1 project was re-advertised on December 16, 2022, and bids were opened
on January 13, 2023. Four responsive bids were received. Cameron Riley submitted the lowest
responsive, responsible bid (including all additive alternates). The base bid included the main
park infrastructure, including excavation and grading, water, electric and sewer utilities, some of
the park pathways and lighting system, the easterly parking lot, some landscaping/irrigation, and
utilities and electrical for the new park building. Additive alternates included the Events Plaza
with Entry Walk Lights, Veteran’s Memorial Plaza, and the Arc Walk Lights & Food Truck
Outlets.
Council awarded the Balfour Park Expansion project CIP #0316 to Cameron Riley, LLC and
authorized the purchase of the Balfour Park Mutli-use Building from Public Restroom Company
(PRC) on January 24, 2023. The Washington State Legislature subsequently awarded an
appropriation of $200,790 through the Local and Community Projects Program in 2023, which
covered the cost of construction of the Veteran’s Memorial.
The City is currently completing Balfour Park Phase 1 including overall site grading, park
utilities, paved parking and hardscapes, park lighting, turf and some landscaping, artwork, the
Veterans’ Memorial, Events Plaza, and a new park building with restrooms, electrical and
mechanical rooms, and a police field office. The Phase 1 project is anticipated to be completed
this spring and additional funding will be needed to complete the rest of the Balfour Park.
Washington State Recreation & Conservation Office (RCO) grant programs operate on a two-
year cycle with current funding opportunities now open for applications. Successful applicants
are awarded funding in the subsequent year and generally provided a two-year timeline for
project completion.
Staff will provide an overview of two RCO grant programs that could be used for Balfour Park
Phase 2 construction, including grant limits, local match requirements, application deadlines,
and funding award timelines.Any funding requested from RCO this year, if awarded, would not
become available before July of 2025 with construction anticipated to occur in 2026. The next
two-year RCO grant funding cycle in these programs will likely open in 2026 for 2028
construction.
Future Balfour Park elements include a splashpad, signature playground, basketball and
pickleball courts, soccer mini pitch, a large picnic shelter, additional artwork, and an outdoor
amphitheaterwith covered stage. The City is already working on a donation agreement through
the Seattle Sounders Professional Football Club’s philanthropic wing, the RAVE Foundation, to
install the soccer mini pitch in 2024, but will need grants and other funding to complete the
additional remaining elements in the master plan.
Staff is seeking Council consensus to move forward with 2024 applications for grant funding
through the Washington Wildlife and Recreation Program (WWRP) Local Parks category; and
Land and Water Conservation Fund (LWCF). With a $4M project budget for Balfour Park Phase
2, the City could potentiallycomplete the signature playground and splashpad, for the
community which were the next highest ranked elements during the City’s community outreach
in 2022. If authorized, staff will return with a detailed project presentation and request for
application approval(s) via City Council approved Resolution(s) prior to May 1, 2024.
OPTIONS: (1) Authorize staff to pursue the two above-mentioned RCO grants during the
current 2024 application window; or (2) take other action as appropriate.
RECOMMENDED ACTION OR MOTION: Council discretion.
BUDGET/FINANCIAL IMPACTS: In December 2023 Council allocated $1.5M from the Capital
Reserve Fund #312 as matching funds for this project. With the $1.5M in committed matching
funds, the City can request up to $2.5M in Balfour Park Phase 2 development funding through
two concurrent grant applications to the RCO.
STAFF CONTACT: John Bottelli, Parks & Recreation Director
ATTACHMENTS: PowerPoint Presentation
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: March 5, 2024 Department Director Approval:
Check all that apply: consentold businessnew businesspublic hearing
information admin. report pending legislation executive session
AGENDA ITEM TITLE: Administrative Report: Ordinance 24-004 Wholesail Networks, LLC
Franchise
GOVERNING LEGISLATION: RCW 35A.47.040; RCW 35A.11.020; and chapter 35.99 RCW.
PREVIOUS COUNCIL ACTION TAKEN: Approval of Ordinance 14-009 on August 12, 2014.
BACKGROUND: At its most basic level, a franchise is a nonexclusive contract between a city and
utility provider that governs the utility provider’s use of the public rights-of-way. More specifically, the
franchise sets limits on the utility provider so that their use of the rights-of-way does not interfere with
public transportation and other primary purposes. For instance, the City’s franchises generally require
franchisees to bear the costs to relocate their facilities to accommodate a transportation project, and
require franchisees to adhere to the City’s street cut and excavation policies.
In 2014, Council approved a franchise with Noel Communications, Inc. n/k/a Wholesail Networks, LLC
(“Wholesail”), for installation and maintenance of fiber optics telecommunications facilities within the
boundaries of the City of Spokane Valley. Wholesail is a wholly owned subsidiary of Northwest Fiber,
LLC d/b/a Ziply Fiber. The ten-year franchise requires renewal, and Wholesail Networks, LLC has
requested that the City grant it a new franchise on the same or similar terms. The attached draft franchise
would accomplish that. There are three minor substantive differences in this draft from Ordinance 14-
009, as follows:
1) Section 4: The City requires access to four dark fiber strands (2 pairs) from the Grantee for the
exclusive use of the City. The reoccurring monthly charge of $20.00 per fiber pair per mile (the “City
Fiber Rate”) previously paid to the Grantee will increase to $34.00 per fiber pair per mile. The City
does not utilize any City Reserved Fibers with Wholesail;
2) Section 20: This is what the City now requires of all Grantees. In short, a Grantee cannot abandon
its’ facilities in the ROW, thus transferring the cost of removal from the Grantee to the City and its’
taxpayers. There are options for delayed removal, but the cost of removal must ultimately be borne
by the Grantee; and
3) Section 28: The minimum level of insurance is being raised from $1 million per occurrence and $2
million aggregate, to $2 million per occurrence and $2 million aggregate. This reflects what the
City’s liability provider requests that the City requires and is what the City now requires of all
franchisees and nearly every contractor/consultant.
There are other minor changes from the prior franchise to this proposed franchise that relate mostly to the
title of “Community and Public Works Director” and the updating of definitions used in Section 1.
Wholesail has reviewed this draft and is in agreement with its terms for a new 10-year franchise. Staff
recommends approval of the proposed franchise.
OPTIONS: (1) Consensus to place Ordinance 24-004 on a future agenda for an ordinance first reading; or
(2) take other action deemed appropriate.
RECOMMENDED ACTION OR MOTION: Consensus to place Ordinance 24-004 on a future agenda
for an ordinance first reading.
BUDGET/FINANCIAL IMPACTS: None anticipated.
STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney; Kelly Konkright, City Attorney.
___________________________________________________________________________
ATTACHMENTS: Draft Ordinance No. 24-004, a 10-year franchise to Wholesail Networks, LLC to
construct and operate fiber optic telecommunications facilities in the City’s rights-of-way.
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 24-004
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCHISE TOWHOLESAIL
NETWORKS, LLC, TO CONSTRUCT, MAINTAIN AND OPERATE
TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF
THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO.
WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate
“nonexclusive franchises for the use of public streets, bridges or other public ways, structures or
places above or below the surface of the ground for railroads and other routes and facilities for
public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and
appurtenances thereof for transmission and distribution of electrical energy, signals and other
methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and
publicly owned and operated facilities for public service”; and
WHEREAS, RCW 35A.47.040 further requires that “no ordinance or resolution granting
any franchise in a code city for any purpose shall be adopted or passed by the city’s legislative
body on the day of its introduction nor for five days thereafter, nor at any other than a regular
meeting nor without first being submitted to the city attorney, nor without having been granted by
the approving vote of at least a majority of the entire legislative body, nor without being published
at least once in a newspaper of general circulation in the city before becoming effective”; and
WHEREAS, this Ordinance has been submitted to the city attorney prior to its passage;
and
WHEREAS, the Council finds that the grant of the Franchise contained in this Ordinance,
subject to its terms and conditions, is in the best interests of the public, and protects the health,
safety, and welfare of the citizens of this City.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, do ordain as follows:
Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall
have the meaning set forth below:
“City Manager” means the City Manager or designee.
“Community and Public Works Director” shall mean the Spokane Valley
Community and Public Works Director or his/her designee.
“construction” or “construct” shall mean constructing, digging, excavating, laying,
testing, operating, extending, upgrading, renewing, removing, replacing, and
repairing a facility.
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“day” shall mean a 24-hour period beginning at 12:01 AM. If a thing or act is to be
done in less than seven days, intermediate Saturdays, Sundays and legal holidays
shall be excluded in the computation of time.
“franchise” (sometimes referred to as Ordinance) shall mean the legal document
issued by the City which grants rights to Grantee to construct and operate its
telecommunication facilities as set forth herein.
“franchise area” shall mean the entire geographic area within the City as it is now
constituted or may in the future be constituted.
“hazardous substances”shall have the same meaningas RCW 70.105D.020(10).
“maintenance, maintaining or maintain” shall mean the work involved in the
replacement and/or repair of facilities, including constructing, relaying, repairing,
replacing, examining, testing, inspecting, removing, digging and excavating, and
restoring operations incidental thereto.
“permittee” shall mean a person or entity who has been granted a permit by the
Permitting Authority.
“permitting authority” shall mean the City Manager or designee authorized to
process and grant permits required to perform work in the rights-of-way.
“product” shall refer to the item, thing or use provided by the Grantee.
“public property” shall mean any real estate or any facility owned by the City.
“relocation” shall mean any required move or relocation of an existing installation or
equipment owned by Grantee whereby such move or relocation is necessitated by
installation, improvement, renovation or repair of another entity’s facilities in the rights-
of-way, including Grantor’s facilities.
“right-of-way” shall refer to the surface of and the space along, above, and below
any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard,
parkway, drive, Grantee easement, and/or public way now or hereafter held or
administered by the City.
“streets” or “highways” shall mean the surface of, and the space above and below,
any public street, road, alley or highway, within the City used or intended to be
used by the general public, to the extent the City has the right to allow the Grantee
to use them.
“telecommunications facilities” shall mean any of the plant, equipment, fixtures,
appurtenances, antennas, and other facilities necessary to furnish and deliver
telecommunications services, including but not limited to poles with crossarms,
poles without crossarms, wires, lines, conduits, cables, communication and signal
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lines and equipment, braces, guys, anchors, vaults, and all attachments,
appurtenances, and appliances necessary or incidental to the distribution and use of
telecommunications services. The abandonment by Grantee of any
telecommunications facilities as defined herein shall not act to remove the same
from this definition.
Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal
corporation (hereinafter the “City”), hereby grants untoWholesail Networks, LLC, (hereinafter
“Grantee”), a franchise for a period of 10 years, beginning on the effective date of this Ordinance,
to install, construct, operate, maintain, replace and use all necessary equipment and facilities to
place telecommunications facilities in, under, on, across, over, through, along or below the public
rights-of-way located in the City of Spokane Valley, as approved under City permits issued
pursuant to this franchise (hereinafter the “franchise”).This franchise does not permit Grantee to
use such facilities to provide cable services as defined by 47 C.F.R. § 76.5(ff).
Section 3. Fee. No right-of-way use fee is imposed for the term of this franchise. Any such
right-of-way use or franchise fee that may be imposed by subsequent ordinance would apply to
any subsequent franchise, if any, between the parties.
Section 4. City Use. The following provisions shall apply regarding City use.
A. Grantee agrees to reserve to the City the right to access four dark fiber strands (2 pair) along
the route identified in Exhibit A as adopted or amended, within the boundaries of the City, for sole
and exclusive municipal, non-commercial use or designation (the “City Reserved Fibers”). City
agrees that it shall not use the City Reserved Fibers as a public utility provider of
telecommunications business service to the public.
B. The City shall have the right to access by connection to the City Reserved Fibers at existing
Grantee splice points or reasonably established access points within the City limits; provided that
all splicing shall be sole responsibility of the Grantee. The City shall provide at least 30 days written
notice of intent to access the City Reserved Fibers. Upon any access or use of the City Reserved
Fibers, City shall pay Grantee a recurring monthly charge of$34.00 per fiber pair per mile in use
by the City (the “City Fiber Rate”)unless otherwise specifically agreed by both the parties in
writing and shall enter into Grantee’s standard“Fiber License Agreement” which shall govern the
terms and conditions for use of the City Reserved Fibers. Said recurring monthly charge shall not
be imposed until such time as the fiber is put into use by the City.
C. In the event the City Reserved Fibers are the last fibers remaining in Grantee’s fiber bundle,
then the following shall apply:
1. If the City is using the fibers, then the rate the City shall pay Grantee will change from
the City Fiber Rate to Grantee’s standard commercial rate.
2. If the City is not using the fibers, the City shall have the option of abandoning the City
Reserved Fibers in lieu of paying Grantee’s standard commercial rate.
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3. If Grantee installs additional fiber capacity, the City’s right to use four dark fiber strands
as set forth in subsections A and B, immediately above, shall again be in effect.
D. The City shall pay all costs associated with constructing any connection to the City
Reserved Fibers.The City Reserved Fibers shall have a term that matches the duration of this
Franchise Ordinance (“Reserved Fiber Term”).
E. Consistent with RCW 35.99.070, at such time when Grantee is constructing, relocating, or
placing ducts or conduits in public rights-of-way, the Community and Public Works Director may
require Grantee to provide the City with additional duct or conduit and related structures, at
incremental cost, necessary to access the conduit at mutually convenient locations. Any ducts or
conduits provided by Grantee under this section shall only be used for City municipal, non-
commercial purposes.
1. The City shall not require that the additional duct or conduit space be connected to the
access structures and vaults of the Grantee.
2. This section shall not affect the provision of an institutional network by a cable television
provider under federal law.
3. Grantee shall notify the Community and Public Works Director at least 14 days prior to
opening a trench at any location to allow the City to exercise its options as provided herein.
Section 5. Recovery of Costs. Grantee shall reimburse the City for all costs of one publication
of this franchise in a local newspaper, and required legal notices prior to any public hearing regarding
this franchise, contemporaneous with its acceptance of this franchise. Grantee shall be subject to all
permit and inspection fees associated with activities undertaken through the authority granted in
this franchiseor under City Code. Grantee shall be subject to all permit and inspection fees
associated with activities undertaken through the authority granted in this franchise or under City
Code.
Section 6. Non-Exclusivity. This franchise is granted upon the express condition that it shall
not in any manner prevent the City from granting other or further franchises or permits in any
rights-of-way. This and other franchises shall, in no way, prevent or prohibit the City from using
any of its rights-of-way or affect its jurisdiction over them or any part of them.
Section 7. Non-Interference with Existing Facilities. The City shall have prior and superior
right to the use of its rights-of-way and public properties for installation and maintenance of its
facilities and other governmental purposes. The City hereby retains full power to make all
changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation
of same as the City may deem fit, including the dedication, establishment, maintenance, and
improvement of all new rights-of-way, streets, avenues, thoroughfares and other public properties
of every type and description. Any and all such removal or replacement shall be at the sole expense
of the Grantee, unless RCW 35.99.060 provides otherwise. Should Grantee fail to remove, adjust
or relocate its telecommunications facilities by the date established by the Community and Public
Works Director’s written notice to Grantee and in accordance with RCW 35.99.060, the City may
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cause and/or effect such removal, adjustment or relocation, and the expense thereof shall be paid
by Grantee.
The owners of all utilities, public or private, installed in or on such public properties prior to the
installation of the telecommunications facilities of the Grantee, shall have preference as to the
positioning and location of such utilities so installed with respect to the Grantee. Such preference
shall continue in the event of the necessity of relocating or changing the grade of any such public
properties.
Grantee’s telecommunications facilities shall be constructed and maintained in such manner as not
to interfere with any public use, or with any other pipes, wires, conduits or other facilities that may
have been laid in the rights-of-way by or under the City’s authority. If the work done under this
franchise damages or interferes in any way with the public use or other facilities, the Grantee shall
wholly and at its own expense make such provisions necessary to eliminate the interference or
damage to the satisfaction of the Community and Public Works Director.
Section 8. Construction Standards. All work authorized and required hereunder shall comply
with all generally applicable City Codes and regulations. Grantee shall also comply with all
applicable federal and state regulations, laws and practices. Grantee is responsible for the
supervision, condition, and quality of the work done, whether it is by itself or by contractors,
assigns or agencies. Application of said federal, state, and City Codes and regulationsshall be for
the purposes of fulfilling the City’s public trustee role in administering the primary use and purpose
of public properties, and not for relieving the Grantee of any duty, obligation, or responsibility for
the competent design, construction, maintenance, and operation of its telecommunications
facilities. Grantee is responsible for the supervision, condition, and quality of the work done,
whether it is by itself or by contractors, assigns or agencies.
If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this
franchise, the Grantee shall afford the City an opportunity to permit other franchisees and utilities
to share such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the
work of the Grantee; and (2) such joint use shall not adversely affect Grantee’s
telecommunications facilities or safety thereof. Joint users will be required to contribute to the
costs of excavation and filling on a pro-rata basis.
Section 9. Protection of Monuments. Grantee shall comply with applicable state laws relating
to protection of monuments.
Section 10. Tree Trimming.The Grantee shall have the authority to conduct pruning and
trimming for access to Grantee’s telecommunications facilities in the rights-of-way subject to
compliance with the City Code. All such trimming shall be done at the Grantee’s sole cost and
expense.
Section 11. Emergency Response. The Grantee shall, within 30 days of the execution of this
franchise, designate one or more responsible people and an emergency 24-hour on-call personnel
and the procedures to be followed when responding to an emergency. After being notified of an
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emergency, Grantee shall cooperate with the City to immediately respond with action to aid in the
protection of the health and safety of the public.
In the event the Grantee refuses to promptly take the directed action or fails to fully comply with
such direction, or if emergency conditions exist which require immediate action to prevent
imminent injury or damages to persons or property, the City may take such actions as it believes
are necessary to protect persons or property and the Grantee shall be responsible to reimburse the
City for its costs and any expenses.
Section 12. One-Call System. Pursuant to chapter 19.122 RCW, Grantee is responsible for
becoming familiar with, and understanding, the provisions of Washington’s One-Call statutes.
Grantee shall comply with the terms and conditions set forth in the One-Call statutes.
Section 13. Safety.All of Grantee’s telecommunications facilities in the rights-of-way shall
be constructed and maintained in a safe and operational condition. Grantee shall follow all safety
codes and other applicable regulations in the installation, operation, and maintenance of the
telecommunications facilities.
Section 14. Movement of Grantee’s Telecommunications Facilities for Others. Whenever any
third party shall have obtained permission from the City to use any right–of-way for the purpose
of moving any building or other oversized structure, Grantee, upon at least 14 days’ written notice
from the City, shall move, at the expense of the third party desiring to move the building or
structure, any of Grantee’s telecommunications facilities that may obstruct the movement thereof;
provided, that the path for moving such building or structure is the path of least interference to
Grantee’s telecommunications facilities, as determined by the City. Upon good cause shown by
Grantee, the City may require more than 14 days’ notice to Grantee to move its
telecommunications facilities.
Section 15. Acquiring New Telecommunications Facilities.Upon Grantee’s acquisition of any
new telecommunications facilities in the rights-of-way, or upon any addition or annexation to the
City of any area in which Grantee retains any such telecommunications facilities in the rights-of-
way, the Grantee shall submit to the City a written statement describing all telecommunications
facilities involved, whether authorized by franchise or any other form of prior right, and specifying
the location of all such facilities. Such facilities shall immediately be subject to the terms of this
franchise.
Section 16. Dangerous Conditions - Authority of City to Abate. Whenever excavation,
installation, construction, repair, maintenance, or relocation of telecommunications facilities
authorized by this franchise has caused or contributed to a condition that substantially impairs the
lateral support of the adjoining right-of-way, road, street or other public place, or endangers the
public, adjoining public or private property or street utilities, the City may direct Grantee, at
Grantee’s sole expense, to take all necessary actions to protect the public and property. The City
may require that such action be completed within a prescribed time.
In the event that Grantee fails or refuses to promptly take the actions directed by the City, or fails
to fully comply with such directions, or if emergency conditions exist which require immediate
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action, the City may enter upon the property and take such actions as are necessary to protect the
public, adjacent public or private property, or street utilities, or to maintain the lateral support
thereof, and all other actions deemed by the City to be necessary to preserve the public safety and
welfare; and Grantee shall be liable to the City for all costs and expenses thereof to the extent
caused by Grantee.
Section 17. Hazardous Substances. Grantee shall comply with all applicable federal, state and
locallaws, statutes, regulations and orders concerning hazardous substances relating to Grantee’s
telecommunications facilities in the rights–of-way. Grantee agrees to indemnify the City against
any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the City arising
out of the release or threat of release of hazardous substances caused by Grantee’s ownership or
operation of its telecommunications facilities within the City’s right-of-way.
Section 18. Environmental. Grantee shall comply with all environmental protection laws,
rules, recommendations, and regulations of the United States and the State of Washington, and
their various subdivisions and agencies as they presently exist or may hereafter be enacted,
promulgated, or amended, and shall indemnify and hold the City harmless from any and all
damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to
comply with any such laws, rules, recommendations, or regulations, whether or not Grantee’s acts
or activities were intentional or unintentional. Grantee shall further indemnify the City against all
losses, costs, and expenses (including legal expenses) which the City may incur as a result of the
requirement of any government or governmental subdivision or agency to clean and/or remove
any pollution caused or permitted by Grantee, whether said requirement is during the term of the
franchise or subsequent to its termination.
Section 19. Relocation of Telecommunications Facilities.Grantee agrees and covenants, at its
sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any
street any of its telecommunications facilities when so required by the City in accordance with the
provisions of RCW 35.99.060, provided that Grantee shall in all such cases have the privilege to
temporarily bypass, in the authorized portion of the same street upon approval by the City, any
section of its telecommunications facilities required to be temporarily disconnected or removed.
If the City determines that the project necessitates the relocation of Grantee’s then- existing
telecommunications facilities, the City shall:
A. At least 60 days prior to the commencement of such improvement project, provide Grantee with
written notice requiring such relocation; and
B. Provide Grantee with copies of pertinent portions of the plans and specifications for such
improvement project and a proposed location for Grantee’s telecommunications facilities so that
Grantee may relocate its telecommunications facilities in other City rights-of-way in order to
accommodate such improvement project.
C. After receipt of such notice and such plans and specification, Grantee shall complete relocation
of its telecommunications facilities at no charge or expense to the City in order to accommodate
the improvement project in accordance with RCW 35.99.060(2).
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Grantee may, after receipt of written notice requesting a relocation of its telecommunications
facilities, submit to the City written alternatives to such relocation. The City shall evaluate such
alternatives and advise Grantee in writing if one or more of the alternatives are suitable to
accommodate the work which would otherwise necessitate relocation of the telecommunications
facilities. If so requested by the City, Grantee shall submit additional information to assist the City
in making such evaluation. The City shall give each alternative proposed by Grantee full and fair
consideration. In the event the City ultimately determines that there is no other reasonable
alternative, Grantee shall relocate its telecommunications facilities as otherwise provided in this
section.
The provisions of this section shall in no manner preclude or restrict Grantee from making any
arrangements it may deem appropriate when responding to a request for relocation of its
telecommunications facilities by any person or entity other than the City, where the
telecommunications facilities to be constructed by said person or entity are not or will not become
City owned, operated or maintained facilities, provided that such arrangements do not unduly delay
a City construction project.
If the City or a contractor for the City is delayed at any time in the progress of the work by an act
or neglect of the Grantee or those acting for or on behalf of Grantee, then Grantee shall indemnify,
defend and hold the City, its officers, officials, employees and volunteers harmless from any and
all claims, injuries, damages, losses or suits including attorneys’ fees to the extent arising out of
or in connection with such delays, except for delays and damages caused by the City. This
provision may not be waived by the parties except in writing.
Section 20. Abandonment of Grantee’s Telecommunications Facilities.
A. Underground facilities: Grantee shall remove any facilities which have not been used to provide
telecommunications services for a period of at least 90 days when: (a) a City project involves
digging that will encounter the abandoned facility; (b) the abandoned facility poses a hazard to the
health, safety, or welfare of the public; (c) the abandoned facility is 24 inches or less below the
surface of the rights-of-way and the City is reconstructing or resurfacing a street over the rights-
of-way; or (d) the abandoned facility has collapsed, broke, or otherwise failed.
Grantee may, upon written approval by the City, delay removal of the abandoned facility until
such time as the City commences a construction project in the rights-of-way unless (b) or (d) above
applies. When (b) or (d) applies, Grantee shall remove the abandoned facility from the rights-of-
way as soon as weather conditions allow, unless the City expressly allows otherwise in writing.
B. Aboveground facilities:Grantee shall remove any facilities which have not been used to provide
telecommunications services for a period of at least 90 days.
C. The expense of the removal, and restoration of improvements in the rights-of-way that were
damaged by the facility or by the removal process, shall be the sole responsibility of the Grantee.
If Grantee fails to remove the abandoned facilities in accordance with the above, then the City may
incur costs to remove the abandoned facilities and restore the rights-of-way, and is entitled to
reimbursement from Grantee for such costs, including reasonable attorney's fees and costs.
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Section 21. Maps and Records Required. Granteeshall provide the City, at no cost to the City:
A. A route map that depicts the general location of the Grantee’s telecommunications facilities placed
in the rights-of-way. The route map shall identify telecommunications facilities as aerial or
underground and is not required to depict cable types, number of fibers or cables, electronic
equipment, and service lines to individual subscribers. The Grantee shall also provide an electronic
format of the aerial/underground telecommunications facilities in relation to the right-of-way
centerline reference to allow the City to add this information to the City’s Geographic Information
System (“GIS”) program. The information in this subsection shall be delivered to the City by
December 1, annually.
B. In addition to subsection A of this section, the City may request that Grantee provide the
information described in subsection A of this section as needed for specific projects to avoid harm
to Grantee’s facilities. To the extent such requests are limited to specific telecommunications
facilities at a given location within the franchise area in connection with the construction of any
City project, Grantee shall provide to the City, upon the City’s reasonable request, copies of
available drawings in use by Granteeshowing the location of such telecommunications facilities.
Grantee shall field locate its telecommunications facilities in order to facilitate design and planning
of City improvement projects.
C. Upon written request of the City, Grantee shall provide the City with the most recent update
available of any plan of potential improvements to its telecommunications facilities within the
franchise area; provided, however, any such plan so submitted shall be deemed confidential and
for informational purposes only, and shall not obligate Grantee to undertake any specific
improvements within the franchisearea.
D. In addition to the requirements of subsection A of this section, the parties agree to periodically
share GIS files upon written request, provided Grantee’s GIS files are to be used solely by the
City for governmental purposes. Any files provided to Grantee shall be restricted to information
required for Grantee’s engineering needs for construction or maintenance of telecommunications
facilities that are the subject of this franchise. Grantee is prohibited from selling any GIS
information obtained from City to any third parties.
E. Public Disclosure Act. Grantee acknowledges that information submitted to the City may be
subject to inspection and copying under the Washington Public Disclosure Act codified in chapter
42.56 RCW. Grantee shall mark as “PROPRIETARY/CONFIDENTIAL” each page or portion
thereof of any documentation/information which it submits to the City and which it believes is
exempt from public inspection or copying. The City agrees to timely provide the Grantee with a
copy of any public disclosure request to inspect or copy documentation/information which the
Grantee has provided to the City and marked as “PROPRIETARY/CONFIDENTIAL” prior to
allowing any inspection and/or copying as well as provide the Grantee with a time frame,
consistent with RCW 42.56.520, to provide the City with its written basis for non-disclosure of the
requested documentation/information. In the event the City disagrees with the Grantee’s basis for
non-disclosure, the City agrees to withhold release of the requested documentation/information in
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dispute for a reasonable amount of time to allow Grantee an opportunity to file a legal action under
RCW 42.56.540.
Section 22. Limitation on Future Work. In the event that the City constructs a new street or
reconstructs an existing street, the Grantee shall not be permitted to excavate such street except as
set forth in the City’s then-adopted regulations relating to street cuts and excavations.
Section 23.Reservation of Rights by City. The City reserves the right to refuse any request for
a permit to extend telecommunications facilities. Any such refusal shall be supported by a written
statement from the Community and Public Works Director that extending the telecommunications
facilities, as proposed, would interfere with the public health, safety, or welfare.
Section 24. Remedies to Enforce Compliance. In addition to any other remedy provided herein,
the City reserves the right to pursue any remedy to compel or force Grantee and/or its successors
and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City
shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the
conditions herein.
Section 25. City Ordinances and Regulations. Nothing herein shall be deemed to direct or
restrict the City’s ability to adopt and enforce all necessary and appropriate ordinances regulating
the performance of the conditions of this franchise, including any reasonable ordinances made in
the exercise of its police powers in the interest of public safety and for the welfare of the public.
The City shall have the authority at all times to control by appropriate regulations the location,
elevation, and manner of construction and maintenance of any telecommunications facilities by
Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would
cause Grantee to violate other requirements of law.
In the event of a conflict between the Municipal Code and this franchise, City Code shall control.
Section 26. Vacation. The City may vacate any City road, right-of-way, or other City property
which is subject to rights granted by this franchise in accordance with state and local law. Any
relocation of telecommunications facilities resulting from a street vacation shall require a
minimum of 180 days notice as provided for in section 37.
Section 27. Indemnification.
A. Grantee hereby covenants not to bring suit and agree to indemnify, defend, and hold
harmless the City, its officers, employees, agents and representatives from any and all claims,
costs, judgments, awards or liability to any person arising from injury, sickness, or death of any
person or damage to propertyof any nature whatsoever relating to or arising out of this franchise
agreement; except for injuries and damages caused solely by the negligence of the City. This
includes but is not limited to injury:
1. For which the negligent acts or omissions of Grantee, itsagents, servants, officers or
employees in performing the activities authorized by a franchise are the proximate cause;
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2. By virtue of Grantee’s exercise of the rights granted herein;
3. By virtue of the City permitting Grantee’s use of the City’s rights-of-ways or other public
property;
4. Based upon the City’s inspection or lack of inspection of work performed by Grantee,
its agents and servants, officers or employees in connection with work authorized on the
facility or property over which the City has control, pursuant to a franchise or pursuant to
any other permit or approval issued in connection with a franchise;
5. Arising as a result of the negligent acts or omissions of Grantee, its agents, servants,
officers or employees in barricading, instituting trench safety systems or providing other
adequate warnings of any excavation, construction or work upon the facility, in any right-
of-way, or other public place in performance of work or services permitted under a
franchise; or
6. Based upon radio frequency emissions or radiation emitted from Grantee’s equipment
located upon the facility, regardless of whether Grantee’s equipment complies with
applicable federal statutes and/or FCC regulations related thereto.
B. Grantee’s indemnification obligations pursuant to subsection A of this section shall include
assuming liability for actions brought by Grantee’s own employees and the employees of Grantee’s
agents, representatives, contractors and subcontractors even though Grantee might be immune
under RCW Title 51 from direct suit brought by such an employee. It is expressly agreed and
understood that this assumption of potential liability for actions brought by the aforementioned
employees is limited solely to claims against the City arising by virtue of Grantee’s exercise of
the rights set forth in a franchise. The obligations of Grantee under this subsection have been
mutually negotiated by the parties, and Grantee acknowledges that the City would not enter into a
franchise without Grantee’s waiver. To the extent required to provide this indemnification and
this indemnification only, Grantee waives its immunity under RCW Title 51.
C. Inspection or acceptance by the City of any work performed by Grantee at the time of
completion of construction shall not be grounds for avoidance of any of these covenants of
indemnification. Provided, that Grantee has been given prompt written notice by the City of any
such claim, said indemnification obligations shall extend to claims which are not reduced to a suit
and any claims which may be compromised prior to the culmination of any litigation or the
institution of any litigation. The City has the right to defend or participate in the defense of any
such claim, and has the right to approve any settlement or other compromise of any such claim.
D. In the event that Grantee refuses the tender of defense in any suit or any claim, said tender
having been made pursuant to this section, and said refusal is subsequently determined by a court
having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have
been a wrongful refusal on the part of Grantee, then Grantee shall pay all of the City’s costs for
defense of the action, including all reasonable expert witness fees, reasonable attorneys’ fees, the
reasonable costs of the City, and reasonable attorneys’ fees of recovering under this subsection.
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E. Grantee’s duty to defend, indemnify and hold harmless City against liability for damages
caused by the concurrent negligence of (a) City or City’s agents, employees, or contractors, and
(b) Grantee or Grantee’s agents, employees, or contractors, shall apply only to the extent of the
negligence of Grantee or Grantee’s agents, employees, or contractors. In the event that a court of
competent jurisdiction determines that a franchise is subject to the provisions of RCW 4.24.115,
the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to
said statute and liability shall be allocated as provided herein.
F. Notwithstanding any other provisions of this section, Grantee assumes the risk of damage
to its telecommunication facilities located in the rights-of-way and upon City-owned property from
activities conducted by the City, its officers, agents, employees and contractors, except to the
extent any such damage or destruction is caused by or arises from any willful or malicious action
or gross negligence on the part of the City, its officers, agents, employees or contractors. Grantee
releases and waives any and all such claims against the City, its officers, agents, employees or
contractors.Grantee further agrees to indemnify, hold harmless and defend the City against any
claims for damages, including, but not limited to, business interruption damages and lost profits,
brought by or under users of Grantee’s facilities as the result of any interruption of service due to
damage or destruction of Grantee’s facilities caused by or arising out of activities conducted by
the City, its officers, agents, employees or contractors, except to the extent any such damage or
destruction is caused by or arises from the sole negligence or any willful or malicious actions on
the part of the City, its officers, agents, employees or contractors.
G. The provisions of this section shall survive the expiration, revocation or termination of this
franchise.
Section 28. Insurance. Grantee shall procure and maintain for the duration of the franchise,
insurance against claims for injuries to persons or damages to property which may arise from or
in connection with the exercise of the rights, privileges and authority granted hereunder to Grantee,
its agents, representatives or employees.
Applicant’s maintenance of insurance as required by this franchise shall not be construed to limit
the liability of the Grantee to the coverage provided by such insurance, or otherwise limit the City’s
recourse to any remedy available at law or in equity.
A. Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit
per accident for bodily injury and property damage. This insurance shall cover all owned, non-
owned, hired or leased vehicles used in relation to this franchise. Coverage shall be written on
Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability
coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and
B. Commercial General Liability insurance shall be written on Insurance Services Office
(ISO) occurrence form CG 00 01, or a substitute form providing equivalent liability coverage
acceptable to the City, and shall cover products liability. The City shall be named as an insured
under the Applicant’s Commercial General Liability insurance policy using ISO Additional
Insured-State or Political Subdivisions-Permits CG 20 12 or a substitute endorsement acceptable
to the City providing equivalent coverage. Coverage shall be written on an occurrence basis with
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limits no less than $2,000,000 Combined Single Limit per occurrence and $2,000,000 general
aggregate for personal injury, bodily injury and property damage. Coverage shall include but not
be limited to: blanket contractual; products/completed operations; broad form property; explosion,
collapse and underground (XCU); and Employer’s Liability.
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Commercial General Liability insurance:
1. The Grantee’s insurance coverage shall be primary insurance with respect to the City as
outlined in the Indemnification section of this franchise. Any insurance, self-insurance, or
insurance pool coverage maintained by the City shall be in excess of the Grantee’s
insurance and shall not contribute with it.
2. The Grantee’s insurance shall be endorsed to state that coverage shall not be cancelled,
except after 30 days prior written notice has been given to the City.
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
Grantee shall furnish the City with original certificates and a copy of any amendatory
endorsements, including the additional insured endorsement, evidencing the insurance
requirements of the Grantee prior to the adoption of this Ordinance.
Any failure to comply with the reporting provisions of the policies required herein shall not affect
coverage provided to the City, its officers, officials, employees or volunteers.
Section 29. Performance Bond Relating to Construction Activity. Before undertaking any of
the work, installation, improvements, construction, repair, relocation or maintenance authorized
by this franchise, Grantee, or any parties Grantee contracts with to perform labor in the
performance of this franchise, shall, upon the request of the City, furnish a bond executed by
Grantee or Grantee’s contractors and a corporate surety authorized to operate a surety business in
the State of Washington, in such sum as may be set and approved by the City, in the amount of
$25,000, as sufficient to ensure performance of Grantee’s obligations under this franchise. The
bond shall be conditioned so that Grantee shall observe all the covenants, terms, and conditions
and shall faithfully perform all of the obligations of this franchise, and to repair or replace any
defective work or materials discovered in the City’s road, streets, or property. Said bond shall
remain in effect for the life of this franchise. In the event Grantee proposes to construct a project
for which the above-mentioned bond would not ensure performance of Grantee’s obligations under
this franchise, the City is entitled to require such larger bond as may be appropriate under the
circumstances.
Section 30. Modification. The City and Grantee hereby reserve the right to alter, amend, or
modify the terms and conditions of this franchiseupon written agreement of both parties to such
alteration, amendment or modification.
Section 31. Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any
of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or
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comply with any notice given Grantee by the City under the provisions of this franchise, and an
adequate opportunity to cure the violation or non-compliance has been given in writing to Grantee,
then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this
franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to
Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other legal
rights and remedies, to obtain an order from the Spokane County Superior Court compelling
Grantee to comply with the provisions of this franchise and to recover damages and costs incurred
by the City by reason of Grantee’s failure to comply.
Section 32. Assignment. This franchise may not be assigned or transferred without the written
approval of the City, except that Grantee can assign this franchise without approval of, but upon
notice to the City to, any parent, affiliate or subsidiary of Grantee or to any entity that acquires all
or substantially all the assets or equity of Grantee, by merger, sale, consolidation, or otherwise.
Section 33. Acceptance.Not later than 60 days after passage of this Ordinance, the Grantee
must accept the franchise herein by filing with the City Clerk an unconditional written acceptance
thereof. Failure of Grantee to so accept this franchise within said period of time shall be deemed
a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the
expiration of the 60-day period, absolutely cease, unless the time period is extended by ordinance
duly passed for that purpose.
Section 34. Survival. All of the provisions, conditions and requirements of sections: 5, 6, 7, 8,
13, 16, 17, 18, 19, 20, 27, 28, 29, 37, 38 and 39 of this franchise shall be in addition to any and all
other obligations and liabilities Grantee may have to the City at common law, by statute, by
ordinance, or by contract, and shall survive termination of this franchise, and any renewals or
extensions hereof. All of the provisions, conditions, regulations and requirements contained in
this franchise shall further be binding upon the heirs, successors, executors, administrators, legal
representatives and assigns of Grantee and City and all privileges, as well as all obligations and
liabilities of Grantee shall inure to its respective heirs, successors and assigns equally as if they
were specifically mentioned herein.
Section 35. Severability. If any section, sentence, clause or phrase of this Ordinance should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this Ordinance. In the event that any of the provisions of the franchise are held
to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant
of the franchise and may amend, repeal, add, replace or modify any other provision of the
franchise, or may terminate the franchise.
Section 36. Renewal.Application for extension or renewal of the term of this franchise shall
be made no later than 180 days of the expiration thereof. In the event the time period granted by
this franchise expires without being renewed by the City, the terms and conditions hereof shall
continue in effect until this franchise is either renewed or terminated by the City.
Section 37. Notice. Any notice or information required or permitted to be given by or to the
parties under this franchise may be sent to the following addresses unless otherwise specified, in
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writing:
The City: City of Spokane Valley
Attn: City Clerk
10210 East Sprague Avenue
Spokane Valley, WA 99206
Grantee: Wholesail Networks, LLC
Attn: Legal Department
135 Lake Street South, Suite 155
Kirkland, WA 98033
legal@ziply.com
Section 38. Choice of Law. Any litigation between the City and Grantee arising under or
regarding this franchise shall occur, if in the state courts, in the Spokane County Superior Court,
and if in the federal courts, in the United States District Court for the Eastern District of
Washington.
Section 39. Non-Waiver.The City shall be vested with the power and authority to reasonably
regulate the exercise of the privileges permitted by this franchise in the public interest. Grantee
shall not be relieved of its obligations to comply with any of the provisions of this franchise by
reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit
any of its rights under this franchise by reason of such failure or neglect.
Section 40. Entire Agreement.This franchise constitutes the entire understanding and
agreement between the parties as to the subject matter herein and no other agreements or
understandings, written or otherwise, shall be binding upon the parties upon execution and
acceptance hereof. This franchise shall also supersede and cancel any previous right or claim of
Grantee to occupy the City roads as herein described.
Section 41. Effective Date. This Ordinance shall be in full force and effect five days after
publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of
Spokane Valley as provided by law.
PASSED by the City Council this ________ day of ______, 2024.
________________________________________
Pam Haley, Mayor
ATTEST:
Marci Patterson, City Clerk
Approved as to Form:
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Office of the City Attorney
Date of Publication:
Effective Date:
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Accepted by Wholesail Networks, LLC:
By:
The Grantee, Wholesail Networks, LLC for itself, and for successors and assigns, does
accept all of the terms and conditions of the foregoing franchise.
IN WITNESS WHEREOF, has signed this
day of , 2024. Subscribed and sworn before me this day of , 2024.
Notary Public in and for the State of
residing in
My commission expires
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ADVANCE AGENDA
as of February 29, 2024; 1:30 p.m.
Please note this is a work in progress; items are tentative
To: Council & Staff
From: City Clerk, by direction of City Manager
Re: Draft Schedule for Upcoming Council Meetings
March 12, 2024 Formal Meeting, 6:00 p.m. \[due Tue March 5\]
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Motion Consideration: Governance Manual Update – Mayor/Council (20 minutes)
3. Motion Consideration: Bid Award, Inland Asphalt – Bill Helbig (5 minutes)
th
4. Motion Consideration: Bid Award, 16Ave. Preservation– Bill Helbig (5 minutes)
5. Motion Consideration: Franchise Agreement – Wholesail Networks – Tony Beattie (5 minutes)
6. Motion Consideration: Franchise Agreement – Ziply - Tony Beattie (5 minutes)
7. Admin Report: SCRAPS Update – Erik Lamb, Morgan Koudelka, Jesse Ferrari (30 minutes)
8. Admin Report: Rayce Rudeen Foundation Presentation - Erik Lamb, Marsha Malsam (30 minutes)
9. Admin Report: Potential Grant Opportunity, CDBG –Gloria Mantz(10 minutes)
10. Admin Report: Street Maintenance Interlocal Agreement – Bill Helbig (10 minutes)
11. Advance Agenda – Mayor Haley (5 minutes)
EXECUTIVE SESSION – Pending Litigation (1 hour)
\[*estimated meeting: 130 mins\]
March 19, 2024. NO MEETING – WA DC TRIP \[due Tue March 12\]
March 26, 2024 Formal Meeting, 6:00 p.m. \[due Tue March 19\]
1.Resolution 24-00__: Commitment to Safe Communities – Councilmember Yaeger (5 minutes)
2. Consent Agenda (claims, payroll, minutes) (5 minutes)
3. Admin Report: Arts Council Contract – Virginia Clough, Sarah Farr (5 minutes)
4. Advance Agenda – Mayor Haley (5 minutes)
5. Info Only: Department Monthly Reports; Fire Dept Monthly Report
\[*estimated meeting: 20 mins\]
April 2, 2024 Study Session, 6:00 p.m. \[due Tue March 26\]
1. Admin: Local Drug Use Regulation –Kelly Konkright(5 minutes)
2. Advance Agenda – Mayor Haley (5 minutes)
April 9, 2024 – SPECIAL MEETING \[due Tue April 2\]
1. Presentation: Andrew Ballard – Follow up from 2/13/24 Workshop (3 hours)
April 16, 2024 Study Session, 6:00 p.m. \[due Tue April 9\]
1.Advance Agenda – Mayor Haley (5 minutes)
April 23, 2024 Formal Meeting, 6:00 p.m. \[due Tue April 16\]
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Advance Agenda – Mayor Haley (5 minutes)
3. Info Only: Department Monthly Reports; Fire Dept Monthly Report
April 30, 2024 Study Session, 6:00 p.m. \[due Tue April 23\]
Proclamation: AAPI Heritage Month
1. Admin: Post-Session Report/Presentation – Virginia Clough, Briahna Murray (30 minutes)
2. Advance Agenda – Mayor Haley (5 minutes)
May 7, 2024 Study Session, 6:00 p.m. \[due Tue April 30\]
Draft Advance Agenda 2/29/2024 3:36:52 PM Page 1 of 2
1. Advance Agenda – Mayor Haley (5 minutes)
May 14, 2024 Formal Meeting, 6:00 p.m. \[due Tue May 7\]
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Advance Agenda – Mayor Haley (5 minutes)
May 21, 2024 Study Session, 6:00 p.m. \[due Tue May 14\]
1. Advance Agenda –MayorHaley(5 minutes)
May 28, 2024 Formal Meeting, 6:00 p.m. \[due Tue May 21\]
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Advance Agenda – Mayor Haley (5 minutes)
3. Info Only: Department Monthly Reports; Fire Dept Monthly Report
June 4, 2024 Study Session, 6:00 p.m. \[due Tue May 28\]
1. Advance Agenda – Mayor Haley (5 minutes)
June 11, 2024 BUDGET WORKSHOP \[due Tue June 4\]
1. BUDGET WORKSHOP
*time for public or council comments not included
OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS:
9-1-1 calls (delays, holding, etc.)
Appleway Trail Amenities
CTR Agreement
Ethics Code
Gang Task Force Update
Mirabeau Park Forestry Mgmt.
ORV usage on streets
Park Camera Update
Park Lighting
Peer Court
Protection of Utility Infrastructures
SCRAPS
Vehicle Wgt Infrastructure Impact
Yellowstone Franchise Agreement
City Brand Update
Draft Advance Agenda 2/29/2024 3:36:52 PM Page 2 of 2