2024, 10-01 Formal B Format Packet
AGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
FORMAL B FORMAT
Tuesday, October 1, 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 attend Spokane 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
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
INVOCATION:
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF AGENDA
SPECIAL GUESTS/PRESENTATIONS:
PROCLAMATIONS: Fire Prevention Week, Cybersecurity Awareness Month
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
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. Motion Consideration: 2025 State Legislative Agenda Virginia Clough, Briahna Murray
\[public comment opportunity\]
2. Motion Consideration: Potential Grant Opportunity, Commerce Grant and
Housing Authority- Gloria Mantz, Sarah Farr
\[public comment opportunity\]
Council Agenda October 1, 2024 Page 1 of 2
NON-ACTION ITEMS:
3. Admin Report: East Valley School District Pedestrian Undercrossing
Agreement Bill Helbig, Tony Beattie
4. Admin Report: Balfour Facility Discussion - Gloria Mantz, Glenn Ritter
INFORMATION ONLY (will not be reported or discussed):
GENERAL PUBLIC COMMENT OPPORTUNITY: General public comment rules apply.
COUNCIL COMMENTS
CITY MANAGER COMMENTS
ADJOURNMENT
Council Agenda October 1, 2024 Page 2 of 2
Proclamation
City of Spokane Valley, Washington
Cybersecurity Awareness Month
WHEREAS, We recognize the vital role that technology has in our daily lives and in the future
of the City of Spokane Valley; and
WHEREAS, Many government agencies are increasingly reliant on the internet, information
systems, and other information technology resources to provide efficient,
comprehensive, and effective services to the residents we serve; and
WHEREAS, Critical infrastructure sectors are increasingly reliant on information systems
and technology to support financial services, energy, telecommunications,
transportation, utilities, health care, and emergency response systems; and
WHEREAS, National Cybersecurity Awareness month is a national effort coordinated by a
coalition of private companies, nonprofits, and government organizations to raise
awareness about cybersecurity among all digital citizens, helping them to stay
safer and more secure online; and
WHEREAS, Maintaining the security of cyberspace is a shared responsibility in which each
of us play a critical role, and awareness of information security essentials will
and economy; and
WHEREAS, The United States Department of Homeland Security, the Multi-State Information
Sharing and Analysis Center, the National Association of State Chief Information
Officers, and the National Cyber Security Alliance have declared October as
National Cybersecurity Awareness Month; and
WHEREAS, T
empowers individuals and organizations to own their role in protecting their part
of cyberspace.
NOW, THEREFORE, I, Pam Haley, Mayor of the City of Spokane Valley, on behalf of the
Spokane Valley City Council and the citizens of the City of Spokane Valley, do hereby proclaim
the month of October 2024 as
CYBERSECURITY AWARENESS MONTH
and encourage residents to learn about cybersecurity and put that knowledge into practice in their
homes, schools, workplaces, and businesses.
Dated this 1st day of October 2024.
_________
Pam Haley, Mayor
Proclamation
City of Spokane Valley, Washington
Fire Prevention Week
WHEREAS, The city of Spokane Valley, Washington, is committed to ensuring the safety
and security of all those living in and visiting Spokane Valley; and
WHEREAS, Fire is a serious public safety concern both locally and nationally, and homes are
the locations where people are at greatest risk from fire; and
WHEREAS, Home fires killed more than 2,700 people in the United States in 2022, according
to the National Fire Protection Association®, and fire departments in the
United States responded to 360,000 home fires; and
WHEREAS, Roughly three out of five fire deaths happen in homes with either no smoke
alarms or with no working smoke alarms; and
WHEREAS, Smoke alarms sense smoke well before a human can, alerting people to danger
in the event of a fire, in which people may have as little as two minutes to escape
safely; and working smoke alarms cut the risk in half, of dying in home fires, and
residents who have planned and practiced a home fire escape plan are more
prepared and will therefore be more likely to survive a fire;
WHEREAS, Spokane Valley residents should install smoke alarms in every sleeping room,
outside each separate sleeping area, and on every level of the home and test
them at least once a month; and
WHEREAS, Residents who have planned and practiced a home fire escape plan are more
prepared and will therefore be more likely to survive a fire; and
WHEREAS, Spokane Valley first responders are dedicated to reducing the occurrence of
home fires and home fire injuries through prevention and protection education;
and
TM
WHEREAS, The 2024 Fire Prevention Week
TM
you.the importance of having working smoke alarms in
the home.
NOW, THEREFORE, I, Pam Haley, Mayor of the City of Spokane Valley, on behalf of the
Spokane Valley Councilmembers, do hereby proclaim the week of October 6 through 12, 2024,
as
Fire Prevention Week
throughout this city, and I urge all the people of Spokane Valley to make sure their homes have
working smoke alarms and to support the many public safety activities and efforts of Spokane
Valley Fire Department, serving the residents of Spokane Valley.
st
Dated this 1 day of October 2024.
_______________________
Pam Haley, Mayor
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 1, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
informationadmin. reportpending legislationexecutive session
AGENDA ITEM TITLE:Motion Consideration: 2025State Legislative Agenda
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: An admin report on the draft 2025 State Legislative
Agenda was provided on Sept. 17, 2024.
BACKGROUND: Following City Council discussion and direction, the following updates were
made to the proposed 2025 State Legislative Agenda:
Key Legislative Focus Items
The Plantes Ferry Sports Complex item was moved from a Capital Budget request to
“Regional Items of Importance” with support for the County’s $1 million request.
Spokane Valley Sport Courts item amount was right-sized to $800,000 under the Capital
Budget Request with lighting system and benches removed.
Under the Transportation Budget request, the amount was amended to $1 million to
complete funding for design should the $3 million federal appropriation be approved.
Support for Regional Items of Importance
Support item added: The City is supportive of Partners INW’s $5.1 million request for the
renovation of a newly purchased commercial building to expand their food, clothing and
diaper bank as well as emergency assistance program to assist the marginalized,
impoverished, homeless and needy in the Inland Northwest region.
Support item added: The City supports state investment in Family Promise’s Fast
Leasing and Sustainable Housing Program through direct allocation or existing grant
programs.
Policy Issues
Public Safety & Behavioral Health
o First bullet point was removed and revised: “Allowing judges the option to
increase penalties for crimes perpetrated by habitual property offenders and for
those who recklessly endanger the health, safety and life of others by their use of
controlled substances, especially fentanyl.”
o Bullet added re: Medicaid reimbursements: “Monitoring and supporting changes
in Medicaid reimbursement that allow individuals to more effectively receive
substance use disorder treatment.”
Fiscal Management
o Bullet added: “The Council requests increased flexibility with existing revenues to
allow the City to efficiently meet the community's needs as they arise. For example,
the City requests flexibility in how revenues generated from the annexation sales
tax credit can be spent.”
Policy Issues Continued
Reducing Costs Through Reform
o Sentence added to the first bullet re: DBE goals: “Additionally, the City supports
efforts to encourage the state to utilize local contractors when completing projects
in the community.
OPTIONS:Review and approve the proposed 2025 State Legislative Agenda or provide
additional direction.
RECOMMENDED ACTION OR MOTION: Move to approve the proposed 2025 State Legislative
Agenda.
BUDGET/FINANCIAL IMPACTS: N/A
STAFF CONTACT: Virginia Clough, Legislative Policy Coordinator and Briahna Murray, Gordon
Thomas Honeywell Government Relations.
ATTACHMENTS: Proposed 2025 State Legislative Agenda
1/14
StateLegislative
Agenda
10210 E Sprague Avenue · Spokane Valley, WA 99206 Phone: 509-720-5000 · SpokaneValleyWA.gov
KEY LEGISLATIVE FOCUS ITEMS
CapitalBudget Request: Spokane ValleySport Courts
The City asks the state for $800,000for construction of the sport courts component of the Balfour
ParkExpansion Master Plan. The sport courts will consist of two basketball courts and four pickleball
courts with surfacing, striping, fencing and a drinking fountain.
TransportationBudget Request: Barker/I-90 Interchange
The Barker Road/I-
growth spanning Spokane Valley, Spokane County and Liberty Lake currently overwhelms the
interchange which is operating at a Level of Service “E” or “F” during rush hours, equating to standstill
state funding to complete the design phase, with a pending $3 million federal appropriation.
Grant Funding for Balfour Playground and Spray Park
th
for a $2 million award fromthe Land Water Conservation Fund and
biennium, the City is ranked 7
rd
for a $500,000 awardfrom
ranked 3
programto develop a signature playground and spray park.
Clarify Administrative Fee Collected on Document Recording Fees
The Cityrequests that the Legislature clarify that the administrative fee collected on document
recording fee revenues for local governments be limited to no more than 10%, and that the
administrative fee is allocated to the jurisdiction that has assumed responsibility for managing the
local homelessness plan that the document recording fee revenues are allocated to implement.
Increase Cannabis Tax Revenues Distributed to Cities
The Council requests that the Legislature increase the percentage of cannabis tax revenues
distributed to cities. In 2023, about $466million in cannabis revenue was collected; only 5% of this
revenue is allocated to local governments.
SUPPORT FOR REGIONAL ITEMSOF IMPORTANCE
The City supports a $10 million request from the four agencies operating helicopter units in
Washington State. This critical funding will allow Spokane County, Chelan County, King
County and Snohomish County to better manage pursuits and provide search andrescue
services for missing persons across the state without burdening their own taxpayers.
23-hour crisis relief and immediate intervention to address the opioid crisis. The program is
intended to reduce the demand on emergency services, decrease recidivism and promote
positive outcomes.
DRAFT 9-26-24
SUPPORT FOR REGIONAL ITEMS OF IMPORTANCE CONTINUED
The City supports a $1 million request from Spokane County for the Plantes Ferry Sports
Complex project, a 95-acre park with numerous youth and adult sports activities. The City
partnered with Spokane County on the Plantes Ferry Master Plan in 2023.
The City is supportive of Partners I$5.1 million request for the renovation
of a newly purchased commercial building to expand their food, clothing and diaper bank as
well as emergency
and needy in the Inland Northwest region.
Fast Leasing and Sustainable
Housing Program through direct allocation or existing grant programs.
POLICY ISSUES
Public Safety & Behavioral Health
support a commonsense and meaningful approach to public safety policies that protect lives and
property and do not erode trust in government. Examples include:
Allowing judges the option to increase penalties for crimes perpetrated by habitual property
use of controlled substances, especially fentanyl.
Enacting policies and increased penalties to address rising retail theft and property crimes.
residents.
health professional in a co-responder model.
Funding and policies that increase the availability of public defense and prosecution without
creating an unfunded mandate at the local level.
Encouraging the state to fully fund and support a comprehensive behavioral and mental
health system, including quick access to treatment beds, to serve all areas of the state.
Monitoring and supporting changes in Medicaid reimbursement that allow individuals to
consistent with the ci
development of local programs that can help identify potential displacement risks from land
use changes, provide homeowner and tenant resource assistance, ensure safe rental
housing and collect key data on rental housing properties.
To increase the stock , we promote policies to reduce
the costs of constructing new housing through establishing a local housing trust fund,
reforming condominium liability regulations, reducing state energy and building codes and
to housing developers .
DRAFT 9-26-24
POLICY ISSUES CONTINUED
Local Decision-Making Authority
A foundational belief for the Spokane Valley City Council and the residents they represent is that the
Legislature to honor local decision-making, which is a product of extensive community input and
involvement. Some examples include management of right-of-way and land use decisions.
Fiscal Management
distribution of statewide revenues to the City. As such, the City of Spokane Valley calls on the
The Council requests that the Legislature protect and enhance local state-shared revenues
to allow the City to deliver vital services to its residents. These funds include the Liquor Excise
Tax Account, Liquor -
legislation increasing the amount of cannabis revenue and opioid settlement funds being
distributed to cities.
The Council requests legislation related to the imposition or capping of sewer utility taxes
when the tax is being imposed by a neighboring jurisdiction.
revenues generated from the annexation sales tax credit can be spent.
Reducing Costs Through Reform
Like other cities across the state, the City of Spokane Valley faces rising costs and is supportive of
Reform regulations that are causing project costs to rise, including implementing
-wide.
Protect against liability expansion and policies that would drive additional claims and
increase litigation costs.
Reduce the impact of abusive public records requests.
The City supports AWC legislative agenda items that serve the best interests of
Spokane Valley.
DRAFT 9-26-24
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 1, 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: Washington State Department of Commerce
(Commerce) Connecting Housing to Infrastructure Program (CHIP) Potential Grant
Opportunity
GOVERNING LEGISLATION: Washington State 2023-25 Capital Budget SHB 5200, Section
1021; RCW 82.14.540 Affordable Housing Sales and Use Tax
PREVIOUS COUNCIL ACTION TAKEN:
September 24, 2024 Admin Report - CHIP Potential Grant Opportunity
BACKGROUND: The Connection Housing to Infrastructure Program (CHIP) was created in 2021
to fund utility connections for affordable housing. By covering the upfront costs of infrastructure
and connecting housing to municipal systems, the program makes affordable housing projects
more viable and helps bring more affordable housing units online. These funds are intended to
be supplemental project financing for necessary utility connection costs for affordable housing
projects in cities and counties that passed a sales and use tax for affordable housing or a housing
levy.
The applicant must be a city, county or public utility district, applying in coordination with the
developer of an affordable housing project, and must meet the following requirements:
The City must have imposed a sales and use tax for affordable housing under RCW
82.14.540 , RCW 82.14.530, or RCW
84.52.105
The new housing development must include at least 25% affordable units at or under 80%
area median income (AMI)
The affordable housing project should be part of a program that will monitor affordability
for a minimum of 25 years, such as the Housing Trust Fund, low-income housing tax
credits, housing authority, or other monitoring process. A covenant or note and deed of
trust may be required as part of this requirement
Construction must begin within 24 months of the grant award
Eligible costs include the installation of onsite or offsite utility improvements such as drinking
water, wastewater or stormwater necessary for new affordable housing projects.
Grant awards will be a maximum of $1 million per project. A total of $12 million is available for
this funding cycle. Though no match is required, applicants must demonstrate that all funding to
complete the project is committed prior to contract execution. The grant applications are due
October 31, 2024. Awards are anticipated to be announced in January 2025.
Project Details:
The Spokane Housing Authority (SHA) is in the process of finalizing the design for the Appleway
th
Development project which is located at 9909 E 4 Ave in Spokane Valley. The 240-unit project
will serve workforce/family households that earn 60% of the area median income (AMI), which is
$58,740 per year for a family of four. AMI varies depending on the size of the household.
Page 1 of 2
SHA will be the owner and operator of the property, while the Inland Group with serve as the
developer and general contractor. This type of public/private partnership has the benefit of helping
to deliver more units at a lower cost per unit than a traditional housing project developed by a
nonprofit on its own. Construction is scheduled to start in May of 2025, and first units would be
available for occupancy in March 2026, with overall completion expected in October 2026.
As part of the project, SHA will be developing a childcare facility to serve area families. Affordable,
quality childcare is needed for working families, which is the target audience for the Appleway
project. SHA will own the building and contract with a third-party operator to provide affordable
childcare services to low-income families.
SHA intends to use potential CHIP grant funding to pay for utility infrastructure installation at the
Appleway site. SHA estimates that the infrastructure costs for the project will be approximately $1
million. The total project cost for the development is estimated to be approximately $68 million.
SHA reached out to City and requested the City be the applicant and sponsoring jurisdiction for
this grant program.
:
If approved by Council, the City will be the primary applicant and the sponsoring jurisdiction for
the CHIP grant. Commerce has created a collaborative application portal so the project developer
can enter the appropriate information directly into the application portal. City staff will review all
application materials before submitting the application.
Additionally, all awarded grants are paid on a reimbursement basis, as a pass-through grant.
Commerce would contract with the City and the City would contract with SHA. The City would
receive reimbursement requests from SHA for eligible grant costs, review them, and pay eligible
costs. The City may then request reimbursement from Commerce for those eligible costs. The
City will not have to provide long term monitoring compliance such as ensuring that the units
remain affordable.
SHA will be responsible for ensuring relevant legal requirements around procurement for the
project are met, as well as for annual certification that the project meets affordability requirements.
OPTIONS: 1) Proceed with grant application and authorize the City Manager to apply for the CHIP
Grant in partnership with SHA, or 2) take other appropriate action.
RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to apply for the
CHIP grant in partnership with SHA.
BUDGET/FINANCIAL IMPACTS: The City is not required to provide a grant match. However, a
future budget amendment would be added with a corresponding amount of expenditures and
grant revenue for the reimbursements for eligible expenses to SHA and revenue from Commerce.
Staff will assist with the administration of the grant. Staff assigned to this project are salary
employees.
STAFF CONTACT: Gloria Mantz, City Services Administrator
ATTACHMENTS: None
Page 2 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 1, 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: Administrative Report – East Valley School District Pedestrian
Undercrossing Agreement
GOVERNING LEGISLATION: RCW 35.77.010, Perpetual Advanced Six-Year plans for
coordinated transportation program expenditures.
PREVIOUS COUNCIL ACTION TAKEN:
11/23/2021: Admin report discussing the City’s Sullivan/Wellesley Intersection Project
combined with the County’s Bigelow Gulch Road Project.
BACKGROUND: In 2020, the City and Spokane County began a coordinated construction
effort to improve the Sullivan Road/Wellesley Avenue intersection, and construct the Bigelow
Gulch Corridor Project. The efforts were coordinated as the County’s Bigelow project
connected to the City’s intersection project. Construction commenced in the spring of 2022 and
the roadway and intersection were open to the public in the fall of 2022, with final completion
given in the fall of 2023.
The new Bigelow Gulch connection through the East Valley School District’s property impacted
the District’s operations between the East Valley High School site and the East Valley Middle
School site. Additionally, students trying to cross the proposed 5-lane roadway would be in
jeopardy due to the significant increase in traffic. To mitigate the impacts to the District, the
roadway project required the construction of a pedestrian undercrossing.
In order for the District to use and provide normal maintenance of the pedestrian undercrossing,
an Interlocal Agreement (ILA) is necessary. City and District staff have developed the attached
ILA outlining the responsibilities of each agency for the undercrossing. The ILA was approved
by the East Valley School District Board on September 24, 2024.
OPTIONS: After discussion, 1) consensus to move the Interlocal Agreement forward for
consideration, or 2) take other appropriate action.
RECOMMENDED ACTION OR MOTION: Seeking consensus to bring a Motion Consideration
for execution of the Interlocal Agreement with East Valley School District to a future meeting.
BUDGET/FINANCIAL IMPACTS: None at this time. The agreement solidifies the current
maintenance practices by each agency.
STAFF CONTACT: Bill Helbig, PE, Public Works Director
Tony Beattie, Senior Deputy City Attorney
___________________________________________________________________________
ATTACHMENTS: PowerPoint
Draft Interlocal Agreement
AGENDA
City/County Projects
Sullivan Road
Progress Road
Progress Road
Agreement Provisions
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF SPOKANE VALLEY AND EAST VALLEY
SCHOOL DISTRICT FOR USE OF THE SULLIVAN ROAD/EAST
VALLEY SCHOOL DISTRICT PEDESTRIAN UNDERCROSSING
WHEREAS, the City of Spokane Valley (the “City”) and East Valley School District (the
“District”), collectively, the “Parties”, desire to enter into this Interlocal Agreement for Use of the
Sullivan Road/East Valley School District Pedestrian Undercrossing (the “Agreement”); and
WHEREAS, Spokane County constructed a new road access from Sullivan Road and Wellesley
Avenue to North Bigelow Gulch Road; and
WHEREAS, the new connecting roadway has significantly more traffic at higher speeds than what
previously existed on Sullivan Road north of Wellesley Avenue; and
WHEREAS, the new connecting roadway divides two properties owned and operated by the
District for public education purposes, creating potential hazards for pedestrians seeking to move
from one property to the other; and
WHEREAS, the new connecting roadway createsa significant barrier to the District for moving
equipment between its two properties for maintaining school playgrounds, athletic fields, and
athletic facilities that are necessary components of the two adjacent schools; and
WHEREAS, as part of Spokane County’s construction of the connecting roadway, Spokane
County installed a pedestrian undercrossing under the roadway to allow safer access between the
two properties for pedestrians and ground and field maintenance equipment; and
WHEREAS, the Partiesagree that the use of the undercrossing by the Districtfor safe pedestrian
passage between the District’s western and eastern properties was part of the consideration for the
District entering into aRight of Way Agreement in May 2021, with Spokane County; and
WHEREAS, the Parties agree that the pedestrian undercrossing is within the City right-of-way
for Sullivan Road; and
WHEREAS, the Parties agree that the pedestrian undercrossing is owned by the City; and
WHEREAS, the Parties desire to establish additionalterms of use for the pedestrian
undercrossing.
NOW, THEREFORE, the City and the District hereby agree as follows:
1 – RESPONSIBILITIES OF THE DISTRICT
1.1 The District shall ensure that use of the pedestrian undercrossing shall be limited to pedestrians
crossing between the District’s western and eastern properties,Spokane County Tax Parcels
Page 1 of 7
46354.9026 and 46363.9005 (hereinafter referred to as the “Properties”), and to District staff
moving ground and field maintenance equipment between the District Properties.
1.2 District’s use of the pedestrian undercrossing shall generally be related to student access
between the District’s properties, access between the properties for District approved sporting
events, and access between the properties for other District needs, which may include property
maintenance and equipment movement.
1.3 The District shall prohibit any equipment that exceeds the height or width of the pedestrian
undercrossing entrance from being transported through the undercrossing. The pedestrian
undercrossing measures 10’ tall by 19’ wide, so any equipment being transported through the
pedestrian undercrossing must safely fit within those parameters.
1.4 The District shall generally maintain the pedestrian undercrossing as follows:
a. Keep the pedestrian undercrossing clear and free of debris;
b. Maintain the lighting system, including light fixtures, bulb replacement, wiring, junction
boxes, and all other associated items;
c. Maintain the gates, including painting, hinges, latches, and locks. City must be provided
with a copy of the key for each lock securing the pedestrian undercrossing, and be
permitted access at all times for the purposes of inspection or repair, which may include
temporary closure as necessary. If a temporary closure is required, the City shall give as
much advance notice as is possible under the circumstances;
d. Report any noticeable defects or cracks to the City’s bridge inspector promptly;
e. Paint over graffiti in the pedestrian undercrossing or abutments after being brought to the
District’s attention. Any noticeable defects or cracks that appear in the pedestrian
undercrossing shall not be painted over, and the District shall report such defects or
cracks to the City’s bridge inspector promptly;
f. Maintenance of the asphalt pathway within the pedestrian undercrossing and path leading
to the undercrossing within the City’s right-of-way;
g. Not affix anything to the structure; and
h. Take all reasonable steps to avoid damaging the structure.
i. Notify the City’s bridge inspectors in advance of any material maintenance activities
affecting the undercrossing structure.
1.5 District shall pay for all electrical use for pedestrian undercrossing lighting.
Page 2 of 7
1.6 District shall keep the pedestrian undercrossing gates locked when not in use at its cost to
preclude general public use.
1.7 All maintenance costs specified in Section 1.3 above, and all electrical costs specified in
Section 1.4 above shall be borne solely by the District.
1.8 The District is solely responsible for the safe use of the undercrossing by all pedestrians and
District staff, limited to the District’s obligations specified in this Agreement. When the gates of
the undercrossing are locked, the District shall maintain a sign on the gates visible to the outside
of the undercrossing that indicates “When gates are closed, pedestrians must utilize the crosswalk
at the signaled intersection of Sullivan Road and Wellesley Avenue.” Such sign shall be provided
by the City at the City’s cost.
2 – RESPONSIBILITIES OF THE CITY
2.1 The City shall inspect the pedestrian undercrossing, and associated facilities every other
summer, anticipated to be during the summer break at the City’s cost. A condition safety inspection
shall be conducted by City staff on a 24 month basis at the City’s cost, in accordance with the
City’s Bridge Inspection and Maintenance Program.
2.2 The City shall maintain, repair, and replace the pedestrian undercrossing structure (except as
specifically provided in Section 1 (“Responsibilities of the District”), including any concrete
spalling it deems necessary for either structural or aesthetic purposes at the City’s sole cost;
provided, however, that in all cases where damage is solely caused by the acts or omissions of the
District, its officers, employees and/or authorized agents in performing its duties herein, the
District shall bear all costs and expenses of maintenance, repair, and replacement.
3 – RESERVATION OF RIGHTS IN AN EMERGENCY
3.1 The City reserves the right to manage and/or repair the pedestrian undercrossing and associated
facilities as necessary in its sole discretion in emergency situations, which means situations where
there is an imminent risk of loss of life, health, or property as determined in the sole discretion of
the City Manager or designee.
3.2 If there is imminent risk of loss of life, health, or property, the City may restrict or discontinue
access to the pedestrian undercrossing without prior notice to the District during the City’s
maintenance, repair, and replacement activities specified in Section 2.2 above to rectify the
emergency situation, and shall notify the District as soon as reasonably practicable after discovery
of the imminent risk. To the extent allowed by the City’s budget as adopted by City Council and
the types of repairs, replacements, or maintenance required, the City will promptly rectify any
emergency situation and reopen access to the pedestrian undercrossing as soon as the emergency
situation has been rectified.
4 – TERM
Page 3 of 7
4.1 The term of this Agreement is from the date of execution and extends until such time the
District no longer owns one or both of the parcels making up the Properties adjoining the pedestrian
undercrossing such that the purpose for which this Agreement was entered into (crossing for
pedestrians and ground and field maintenance equipment) no longer exists, whichever occurs first.
5 – TERMINATION
5.1 This Agreement may be terminated by mutual written agreement of the Parties.
6 – INDEMNIFICATION
6.1 The District shall protect, defend, indemnify, and hold harmless the City and its officers,
employees and/or authorized agents from any and all costs, claims, judgments, and/or awards of
damages (both to persons and/or property) arising out of, or in any way resulting from, the
District’s wrongful or negligent acts, errors, or omissions in the performance or failure to perform
its obligations pursuant to the provisions of the Agreement. The District shall not be required to
indemnify, defend, or hold harmless the City if the claim, suit, or action for injuries, death, or
damages (both to persons and/or property) is caused by the wrongful or negligent acts, errors, or
omissions of the City’s performance or failure to perform its obligations pursuant to the provisions
of the Agreement; provided that, if such claims, suits, or actions result from the concurrent
wrongful or negligent acts, errors, or omissions of the District, its officers, employees and/or
authorized agents, and the City, its officers, employees and/or authorized agents, or involves those
actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and
enforceable only to the extent of the proportionate responsibility of each Party, its officers,
employees, and/or authorized agents.
6.2 The City shall protect, defend, indemnify, and hold harmless the District and its officers,
employees and/or authorized agents from any and all costs, claims, judgments, and/or awards of
damages (both to persons and/or property) arising out of, or in any way resulting from, the City’s
wrongful or negligent acts, errors, or omissions in the performance or failure to perform its
obligations pursuant to the provisions of the Agreement. The City shall not be required to
indemnify, defend, or hold harmless the District if the claim, suit, or action for injuries, death, or
damages (both to persons and/or property) is caused by the wrongful or negligent acts, errors, or
omissions of the District’s performance or failure to perform its obligations pursuant to the
provisions of the Agreement; provided that, if such claims, suits, or actions result from the
concurrent wrongful or negligent acts, errors, or omissions of the City, its officers, employees
and/or authorized agents, and the District, its officers, employees and/or authorized agents, or
involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall
be valid and enforceable only to the extent of the proportionate responsibility of each Party, its
officers, employees, and/or authorized agents.
6.3 It is further specifically and expressly understood that the defense, indemnification, and hold
harmless obligations provided herein constitutes each Parties’ waiver of immunity under Industrial
Insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been
mutually negotiated by the Parties.
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6.4 The provisions of Section 6 in their entirety shall survive the expiration or termination of this
Agreement.
7 – DISPUTE RESOLUTION
7.1 In the event that a dispute arises under this Agreement, it shall be resolved as follows:
7.1.1 Responsible supervisory staff for each Party shall meet in person to discuss the issue and
potential resolutions; and if not resolved
7.1.2 The District Superintendent and the City Manager shall meet in person to discuss the
issue and potential resolutions; and if not resolved
7.1.3 Each party shall submit a list of three proposed mediators, exchange the lists, and attempt
to agree on one common mediator. Any decision by the mediator shall not be binding unless
agreed upon by the Parties; and if not resolved
7.1.4 One or both Parties may file suit in Spokane County Superior Court.
8 – VENUE
8.1 In the event that either Party deems it necessary to institute legal action or proceedings to
enforce any right or obligation under this Agreement, the Parties agree that any such action or
proceedings shall be brought in Spokane County Superior Court. Each Party shall be responsible
for its own costs, including the costs of attorneys.
9 – FORCE MAJEURE
9.1 Neither Party shall be liable to the other Party or deemed in default under this Agreement if
and to the extent that such Party’s performance of this Agreement is prevented by reason of force
majeure, including but not limited to an unforeseeable or inevitable event caused by nature, fires,
strikes, insurrection, riots, embargoes, or pandemic.
10 – AMENDMENT
10.1 The provisions of the Agreement may be amended by mutual written consent of the Parties.
No additions to, or alterations of the terms of this Agreement shall be valid unless made in writing
and approved with the same formality as this original Agreement was approved.
11 – NOTICE Any notice required to be given to one or both Parties shall be directed as follows:
If to District: If to City:
EVSD Superintendent City of Spokane Valley
3830 North Sullivan Road City Clerk
Building One 10210 East Sprague Avenue
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Spokane Valley, WA 99216 Spokane Valley, WA 99206
12 – INSURANCE/LIABILITY PROTECTION
12.1 The District is a member of a risk pool that provides its members liability coverage for
qualifying activities. The District agrees to maintain its participation in its current or similar risk
pool which provides not less than $4,000,000 per occurrence with $4,000,000 aggregate limits,
including auto liability coverage. In the event the District fails to maintain membership in a risk
pool, the District shall obtain replacement liability coverage from a private insurance provider and
have at least the same minimum coverage as outlined above.
13 – MISCELLANEOUS PROVISIONS
13.1 Duration: See term in Section 4.
13.2 No separate legal or administrative entity is created by this Agreement.
13.3 The purpose of this Agreement is to outline the responsibilities and obligations of the Parties
in relation to the maintenance, and use of the pedestrian undercrossing located under North
Sullivan Road between the District owned parcels 46354.9026 and 46363.9005.
13.4 The manner of financing the Agreement. See Sections 1 and 2. Each party is responsible for
its costs in fulfilling its obligations pursuant to this Agreement.
13.5 The City Manager or designee and District Superintendent or designee shall be responsible
for administering the Agreement.
13.6 Any and all property purchased by the District pursuant to this Agreement shall remain the
property of the District. Any and all property purchased by the City pursuant to this Agreement
shall remain the property of the City.
13.7 As required by RCW 39.34.040, prior to this Agreement’s entry into force, this Agreement
shall be filed with the county auditor or, alternatively, listed by subject on each party’s web site or
other electronically retrievable public source.
CITY OF SPOKANE VALLEY:
By:Date:
City Manager
APPROVED AS TO FORM:
By:Date:
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Office of the City Attorney
EAST VALLEY SCHOOL DISTRICT:
By: Date:
Superintendent
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 1, 2024 Department Director Approval:
Check all that apply: consent old business new business public hearing
information admin. reportpending legislation executive session
AGENDA ITEM TITLE: Admin Report: Balfour Building Potential Options
GOVERNING LEGISLATION: RCW 35A.11.020: SVMC 3.49.019
PREVIOUS COUNCIL ACTION TAKEN:
March 7, 2023, Motion consideration to acquire the property located at 10303 E Sprague
BACKGROUND:
The Balfour Building is located at 10303 E Sprague Avenue (Parcel 45174.9033). The property was
previously occupied by the former Leather Furniture Gallery. The furniture store went out of business in
2022. The two- story building was constructed in 1968, is approximately 4,600 square feet in size and is
located on a 0.62-acre parcel. The property is located adjacent to Balfour Park, and SVFD Fire Station #1
and in the vicinity of City Hall and the library.
On March 7, 2023, the City Council moved to authorize the City Manager to finalize and execute any
necessary documentation for the acquisition of the property for a purchase price of $790,000 plus applicable
closing costs. The purpose of the acquisition was to integrate the property into the park improvements,
provide additional parking opportunities, and to provide a driveway connection to Sprague Ave. The
building itself was not a primary goal of the purchase. Over the past several months, staff has looked into
potential uses and developed potential costs for remediation of the building.
The lower level of the structure was constructed partially below grade at the north, west and south sides.
The exterior grade is lower to the east, allowing the lower level to daylight on the east side of the building.
The building has a split-level layout and does not conform with ADA regulations. The main entrance is
accessible through a bridge located above the area where the lower-level daylights. This layout provides a
below grade area that provides access for individuals to vandalize the building and camp overnight without
being easily seen. Exhibit A provides pictures of the existing structure. To address these issues, the property
has to be monitored by city staff several times a week.
Staff hired consultants to conduct an assessment of the existing structure to determine required building
upgrades that would be triggered with tenant improvements and develop cost estimates for options for
council consideration. The options evaluated included 1) renovation of the existing structure, 2)
constructing a new similar replacement structure with an elevator for accessibility, 3) constructing a new
single-story structure, and 4) demolishing the existing structure and providing a graded pad for future
development.
The assessment of the existing structure indicated that tenant improvements would trigger significant
electrical, plumbing, heating and ventilation, and ADA upgrades. Necessary ADA improvements include
exterior ramps for both levels (see Exhibit B for potential layout) and modifications to the existing
restrooms. In addition, the building also has a leaky roof and a cracked foundation that would need to be
addressed with any renovations.
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The following table provides high level cost estimates for four potential options:
Option 1 Option 2 Option 3 Option 4
New: ~4,600
Sq Ft wood-
Full renovation: framed 2-New: ~5,000 Sq Ft Demolish &
~4,600 Sq Ft office story office wood-framed abate existing
building with building with single story office structure and
exterior ramps elevator building grade pad
$3,151,798 3,902,666 4,084,783 $154,000
Staff will discuss these options with the City Council. Based on the forecasted 2025 revenue deficiencies
that have been discussed as part of the budget development process, the significant cost to remediate the
structure, and the ongoing issues with the existing below grade areas and access issues for the building,
staff recommends Option 4. The City could then plan for a new structure in the future which could include
investigating potential public/private partnerships for development of the building pad site.
OPTIONS: 1) Council consensus to proceed with Option 4 or 2) take other appropriate action
RECOMMENDED ACTION OR MOTION: Council consensus to proceed with Option 4 or take other
appropriate action.
BUDGET/FINANCIAL IMPACTS: As noted above. The 2024 adopted or proposed 2025 budget for
Facilities does not include funding for any of the options. If Council elects to move forward with any
option, a budget amendment will be necessary.
STAFF CONTACT: Gloria Mantz, City Services Administrator; Glenn Ritter, Senior Project Manager
___________________________________________________________________________
ATTACHMENTS:
Exhibit A – Site photos
Exhibit B – Option 1 Proposed Site Layout.
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Exhibit A–Site Photos
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Option 1 Proposed ADA exterior access
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Exhibit B