City Council

CITY COUNCIL MEETING TUESDAY, JANUARY 17, 2017 CITY HALL 22710 E. COUNTRY VISTA DRIVE 7:00 P.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER 4. ROLL CALL 5. AGENDA APPROVAL 6. CITIZEN COMMENTS 7. LOCAL BUSINESS SPOTLIGHT – Just Chilin’ Eats & Sweets, Bob & Ronda Gimlen, Owners 8. PRESENTATION  Liberty Lake Municipal Library Fourth Quarter, 2016 Report 9. MAYOR AND CITY COUNCIL COMMITTEE REPORTS  Finance Committee 10. CITY ADMINISTRATOR REPORT 11. WORKSHOP DISCUSSION  Snow Removal in the City of Liberty Lake – Andrew Staples, City Engineer 12. ACTION ITEMS A. Consent Agenda i. Approval of January 3, 2017 City Council Minutes ii. Approve January 17, 2017 vouchers in the amount of $741,148.44 B. General Business i. Approve the TEI Landmark Audio Audiobook Lease Agreement and authorize Mayor Peterson to enter into the Agreement ii. Approve the Memorandum of Understanding with the Post Falls Police Department regarding the North Idaho License Plate Reader Project The public is invited to attend. Parking and meeting rooms are accessible for persons with disabilities. Contact the City at 755-6700 with 24-hours advance notice for special accommodations. 13. FIRST READ ORDINANCE Ordinance No. 232, granting a non-exclusive Franchise Agreement to Avista Corporation 14. INTRODUCTION OF UPCOMING AGENDA ITEMS 15. CITIZEN COMMENTS 16. ADJOURNMENT The public is invited to attend. Parking and meeting rooms are accessible for persons with disabilities. Contact the City at 755-6700 with 24-hours advance notice for special accommodations. PRESENTATION  2016 FOURTH QUARTER REPORT SNAPSHOT Minor 1,268 CIN Holdings available to LLML Highlights of 4th Quarter I. General Statistics Minor Non-Res 483 patrons: 556,063 Patron Visits 13,106  Adult Services Associate Homebound 19 Does not include Freegal Music or Check outs 33,022 Joanne Percy joins staff Business 11 Flipster online magazines Circulation 52,621 Total cards 7,002 holdings.  STEM program support grants ILL 31 Reciprocal Borrowing Privileges *Staff & other cards not shown (2) from WA State Library Computer check out 700 at Spokane County Library District Loaned to CIN 3,103 New Cards 260  Genealogy Class begins 7 Borrowed from CIN 2,410 week instruction IV. Holdings II. Programs Attendance 2,098 LLML Physical items 30,629 Departments  Indie Author Day offers day of Digital items 112,080 classes for writers III. Patrons Items deleted: 1,419 Children’s  Mini freezer meals how-to Adult 2,959 Items added: 578 class Adult Non-Res 1,959 PROGRAM ATTENDANCE: 1,537  Coming soon:  Hosted 4 meetings for Na- Circulation Department 1. STEM Station in Learn- Move & Groove class started tional Novel Writers Month ing Center w/ 3D printer STEM Ozobots (programming) and LEGO  Kindle Fire Ereaders have been 2. High Demand book & CREATION (building/engineering)  Haunted Spokane History replaced with Kindle Paper White audiobook plan models: easier staff manage- NERF Wars for upper elementary aged  Monthly Adult Craft program kids after-hours ment and single purpose make initiated them easier for patrons to use. Adult Hour of Code (programming)  Move & Groove Class popular-  Jobs & Career Center materials Programs for adults this quar- Santa’s Kitchen: Graham Cracker house ity results in weekly offering as a separate collection has ter were a mix of informa- plan in 2017 Santa at the Library been discontinued. Print re- tional, historical and creative sources have been shelved in opportunities. Saturday Kids Crafts Adult Non-Fiction. JCC room is Library Board 2016 now the Tech Specialist’s office. Supporting our local writing  Lu Embrey  Newspapers & magazines are community was a major focus in October and November with both shelved in the Learning Center free classes and writing space offered through our participation in two  Tricia Morgan national programs: Indie Author Day and NaNoWriMo.  Linda Dockrey  2016 Youth Departments Inventory completed Local history with a touch of the macabre drew a crowd to Chet  Carol Johns Chaskey’s “Haunted Spokane” talk, and the craft classes have uncov-  Adult & Youth collections evalua-  Pat Lutzenburger ered a desire for handicraft and creative opportunities in Liberty Lake. tion and deletion project com- pleted The Genealogy class provided solid instruction on a very popular topic and requests for more opportunities to take it assure that it will be offered regularly.  City Council Subcommittee Agendas  Finance Committee Meeting Agenda – City Hall Conference Room January 17, 2017 6:00 PM to 7:00 PM I. 2016 Year End Report a. Preliminary Report b. Investment Report II. Policy Change Updates a. Personnel b. Financial III. Voucher Review  Liberty Lake Municipal Library December 2016 Report Statistics December 2016 December 2015 Checkouts 5,489 5,712 Renewals 1,148 1,156 Inhouse Use 406 278 Downloads 897 908 ILL 14 13 CIN Loans 1,001 1,044 Freegal 690 481 TOTAL: 9,645 9,636 CIN Borrows 757 678 Checkins 5,970 3,214 Patrons: N/A* 5,078 Programs 850 522 Children 574 (283 Santa) 344 (150/Santa) Adults 276 (230 Santa) 178 New Cards 60 48 Total Cards 7,002 6,594 December Activities: Adult Craft: Winter Gifts Santa @ the Library Saturday, December 17th, 10:30 – 2:30 pm Haunted Spokane Stem-tacular: Christmas tree Hour of Code Santa’s Kitchen Christmas Drive-in Movie Books n Brew LL Needle Arts Society Activities in January: STEM-tacular Thursday, January 5th @ 4 Adult Craft, January 12th, 6:30 Kids’ Crafts, Saturdays 7th, 21st, 28th Books n Brew Club:The Readers of Broken Wheel Recommend/Katarina Bivald, January 26th, 6 Family Fort Night, January 19th Friends of the Library "Be My Valentine" Basket Silent Auction, January – February 12th The Library will be closed Monday, January 2nd, and Monday, January 16th ACTION ITEMS  City of Liberty Lake Consent Agenda for January 17, 2017 City Council Meeting Report from the Mayor for pending claims and payment of previously‐approved obligations through January 17, 2017 Payee Description Amount See attached voucher report. Total vouchers through January 17, 2017 $ 439,930.33 December, 2016 checks & EFTs total $164,452.66 January, 2017 checks total $275,477.67 4‐Jan‐17 Washington State Dept of Agriculture Check No. 23647 $ 58.00 December, 2016 Payroll & Benefits $301,160.11 TOTAL $ 741,148.44 RECOMMENDATION: Approve and Authorize for Payment ATTACHMENTS: All original invoices are on file with the City Treasurer. SIGNATURES: City Clerk Mayor Finance Committee  AGENDA ITEM NO.: 12Bi BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: January 17, 2017 TEI Landmark Audiobook Lease Agreement DEPT. OF ORIGIN: Library EXHIBIT: A – Lease Agreement DEPT. HEAD APPROVAL: Pamela Mogen EXPENDITURE REQUIRED: Yes BUDGETED: Yes SUMMARY STATEMENT City of Liberty Lake desires to enter into an agreement with TEI Landmark Audio. This is a leasing program for audio books. The goal of this agreement is to have the newest audio books that are in demand available for our patrons without having to purchase the audio books and have then resting on the shelves after the demand has passed. In past years, the Library has purchased new releases of audio books because of demand; however after a period of time, interest in those audio books subsides and ends up resting on the Library shelves. There will be a total of 78 audio books that the city will receive at a total of $2,885. If the City was to buy all 78 audio books, it would cost $4,290. TEI Landmark is that only company that offers this option at the moment. RECOMMENDED ACTION 1. Authorize the Mayor to sign the Agreement with TEI Landmark Audio  AGENDA ITEM NO.: 12Bii BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: January 17, 2017 North Idaho License Plate Reader Project DEPT. OF ORIGIN: Police EXHIBIT: DEPT. HEAD APPROVAL: Chief Brian Asmus ALPR MOU EXPENDITURE REQUIRED: Yes BUDGETED: Yes SUMMARY STATEMENT LLPD has an automated license plate reader system on a patrol car. Currently the data that is received by the ALPR is being sent to and stored on a server hosted by Spokane Police Department. We are requesting to change our current practice to have Post Falls Police Department collect and share the ALPR data with regional public safety agencies. PFPD system is updated on a regular basis and will provide a more complete service to our agency. By participating with PFPD our agency will have access to both SPD and PFPD, and KCSO data. The cost to the City of Liberty Lake Police Department is $500.00 per year as outlined in the MOU. Either party may terminate the agreement at any time by giving written notice to the other party at least sixty days prior to the effective date of termination. The attached MOU has been reviewed by the Liberty Lake City Attorney. RECOMMENDED ACTION 1. Staff recommends approving the MOU with the City of Post Fall Police Department FIRST READ ORDINANCE  AGENDA ITEM NO.: 13 BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: Avista Electric Franchise Agreement FOR THE AGENDA OF: January 17, 2017 DEPT. HEAD APPROVAL: DEPT. OF ORIGIN: Public Works EXHIBIT: Franchise Agreement EXPENDITURE REQUIRED: N/A BUDGETED: N/A SUMMARY STATEMENT Avista is seeking to renew their franchise agreement with the City of Liberty Lake to provide electric service in Liberty Lake. Avista electrical services are currently being provided under a franchise agreement that is renewing from year to year. This agreement with grants a non-exclusive franchise for electrical facilities within the public rights-of- way and public property within the City. The agreement period is ten years per our franchise ordinance. Avista customers provide the City of Liberty Lake with approximately $366,000 per year in utility taxes for street operations and maintenance. The City has superior right to the use of the rights of way. The City requires that Avista maintain insurance and bonds through the entire period of this agreement. The City Clerk will publish a copy of the franchise summary of the franchise in accordance with state law. RECOMMENDED ACTION This is a first-read Ordinance.  CITY OF LIBERTY LAKE, WASHINGTON ORDINANCE NO. 232 AN ORDINANCE GRANTING AVISTA CORPORATION, d/b/a AVISTA UTILI- TIES, A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE NONEXCLUSIVE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO LOCATE, CONSTRUCT, INSTALL, OWN, OPERATE, MAINTAIN, REPAIR, AND REPLACE POLES, ELEVATED AND UNDERGROUND WIRES, CABLES AND APPURTENANCES FOR THE TRANSMISSION, CONTROL AND DIS- TRIBUTION OF ELECTRICITY WITHIN THE CITY. Avista Corporation dba Avista Utilities (“Avista”), a Washington Corporation, has filed with the City of Liberty Lake, State of Washington (the "City") a written application for a renewal of its Franchise to locate, construct, operate and maintain poles, wires, underground cables and appurtenances over, under, along and across all of City's rights of way and public property in the City for the purposes of the transmission, control and distribution of electricity within the City; and the City has determined it is in the interest of persons and businesses in this jurisdiction to have access to Avista's services; THEREFORE, THE CITY OF LIBERTY LAKE DOES ORDAIN: SECTION 1.0 DEFINITIONS For the purposes of this Franchise the following terms, phrases, words and their deriva- tions have the meaning given in this Section. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined will be given their common and ordinary meaning. Avista: means Avista Corporation, dba Avista Utilities, a Washington corporation, and its re- spective successors and assigns, agents and contractors. City: means the City of Liberty Lake, a municipal corporation of the State of Washington, and its respective successors, assigns, agents and contractors. Commission: means the Washington Utilities and Transportation Commission or such succes- sor regulatory agency having jurisdiction over investor-owned public utilities in the State of Washington. Days: means business days. Liberty Lake Electric Franchise Page 1 of 18 Rev January 2016 Effective Date: means the date of legal publication of this Ordinance, upon which the rights, du- ties and obligations of this Franchise will come into effect, and the date from which the time re- quirement for any notice, extension and/or renewal will be measured. Facilities: means, collectively, any and all electric transmission, and distribution systems and appurtenances owned by Avista, now and in the future in the Franchise Area, including but not limited to poles, towers, overhead and underground wires and cables, conduits, services, vaults, transformers, meters, meter-reading devices, fences, vehicular protection devices, communica- tion and control systems and other equipment, appliances, fixtures, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the forego- ing for the purposes of transmission, distribution, and control of electricity, whether the same be located above or below ground. Franchise: means the grant by the City of rights, privileges and authority embodied in this Or- dinance. Franchise Area: means the surface and space above and below all public property and rights- of-way owned or held by the City, including, without limitation, rights-of-way for:  public roads, streets, avenues, alleys, bridges, tunnels, easements, and highways that may hereafter be laid out, platted, dedicated, acquired or improved;  all City-owned utility easements dedicated for the placement and location of various utili- ties, provided such easements would permit Avista to fully exercise the rights granted under this Franchise within the area covered by the easement; and  any other specifically designated City-owned property. Maintenance, maintaining, or maintain: means, without limit, repairing, replacing, upgrading, examining, testing, self-inspecting, and removing Avista Facilities, vegetation management, dig- ging and excavating, and restoration of affected Right-of-way surfaces. Parties: means City and Avista collectively. Party: means either City or Avista individually. Person: means a business entity or natural person. Right-of-way: means the surface of and the space along, above, and below any street, road, highway, freeway, bridge, tunnel, lane, sidewalk, alley, utility easement and/or Right-of-way now or hereafter held or administered by the City. State: means the State of Washington. Tariff: means the rate schedules, rules, and regulations relating to utility service, filed with and approved by the Commission during the term of this Franchise in effect upon execution and throughout the term of this Franchise. Liberty Lake Electric Franchise Page 2 of 18 Rev January 2016  SECTION 2.0 GRANT OF FRANCHISE 2.1 Grant City hereby grants to Avista the right, power, privilege and authority to enter upon all roads, rights of way, streets, alleys, highways, public places or structures, lying within the Franchise Area to locate, construct, operate and maintain its Facilities for the purpose of controlling, transmitting and distributing electricity, as may be necessary to provide electric service. 2.2 Effective Date This Ordinance will be effective as of the date of approval, passage and publication as required by law. 2.3 Term The rights, privileges and Franchise granted to Avista will extend for a term of 10 years from the Effective Date, unless terminated by either Party, with not less than one hundred eighty days (180) days prior written notice to the other Party. 2.4 Non-Exclusive Franchise This Franchise is not an exclusive Franchise. This Franchise shall not prohibit the City from granting other franchises within the Franchise Area that do not interfere with Avista's rights un- der this Franchise. City may not, however, award an electric franchise to another party under more favorable or less onerous terms than those of this Franchise without this Franchise being amended to reflect such more favorable or less onerous terms. 2.5 Notice of City’s Intent to Compete with Avista In consideration of Avista’s undertaking pursuant to this Franchise, the City agrees that in the event the City intends to engage in the business of providing electric service during the life of this Franchise or any extension of this Franchise, in competition with Avista, the City will provide Avista with six (6) months’ notice of such action. 2.6 Assignment of Franchise All of the provisions, conditions and requirements herein contained shall be binding upon Avista and the City. Avista shall not assign or otherwise transfer its Franchise herein without the prior written authorization and approval of the City, which such authorization and approval shall not be unreasonably withheld. Any authorized and approved assignee shall, within thirty (30) days of the date of any assignment, file written notice of the assignment with the City together with its written acceptance of all terms and conditions of this Franchise. As permitted by law and Commission regulation, Avista shall have the right, without notice to or written consent of the Liberty Lake Electric Franchise Page 3 of 18 Rev January 2016 City, to mortgage or hypothecate its rights, benefits and privileges in and under this Franchise as security for indebtedness. 2.7 Recovery of Franchise Cost 2.7.1 Authority So long as provided by RCW 35.21.860, the City may not impose a franchise fee or any other fee or charge of whatever nature or description upon Avista, except a fee as provided in RCW 35.21.860 that recovers from Avista actual administra- tive expenses incurred by the City that are directly related to: (i) receiving and approving a permit, license or this Fran- chise; (ii) Inspecting plans and construction; or (ii) preparing a detailed statement pursuant to Chap- ter 43.21C RCW, as the same exists now or may hereaf- ter be amended. 2.7.2 Fee The parties understand that the restrictions of RCW 35.21.860 forbid the imposi- tion of a franchise fee. If, at some time, the restrictions of this statute should be removed, Avista and the City shall negotiate a fair and reasonable franchise fee. 2.7.3 Additional Fees Nothing in this Section shall preclude the City from collecting from Avista fees lawfully imposed by the City (related to this Franchise or otherwise) including fees for permits. 2.8 Utility Tax Avista acknowledges that the City is authorized under the laws of the State of Washington to impose certain taxes upon Avista. Nothing in this Section shall exempt (nor shall be construed to exempt) Avista from payment of any and all such taxes lawfully imposed by the City Municipal Code, City Ordinance, or City Resolution, as any may hereafter be lawfully amended, adopted, or superseded, and due from Avista; provided, nothing in this Section shall be construed in any way as a waiver of Avista’s rights to contest the validity of any such tax or the amount of any tax due. In the event payment of such taxes is not made by Avista in a timely manner, the City re- serves the right at its sole option, to suspend the rights granted to Avista by this Franchise until such time that Avista pays such taxes or Avista and the City otherwise resolve any matter con- cerning payment thereof. Liberty Lake Electric Franchise Page 4 of 18 Rev January 2016  SECTION 3.0 AVISTA’S OPERATIONS AND MAINTENANCE 3.1 Compliance with Laws, Regulations, Codes and Standards In carrying out any authorized activities under the privileges granted by this Franchise, Avista shall meet accepted industry standards and codes and shall comply with all applicable laws, regulations and ordinances of any governmental entity with jurisdiction over Avista’s Facilities and operations in the Franchise Area. This includes all applicable, laws, regulations and ordi- nances existing as of the Effective Date or may be subsequently enacted by any governmental entity with jurisdiction over Avista’s operations within the Franchise Area. The City shall have the right to make and enforce reasonable rules and regulations pertaining to the conduct of Avista's operations within the Franchise Area. Prior to the adoption by the City of any new rule, procedure or policy affecting Avista’s operations under the Franchise, the City will endeavor to provide Avista with notice and an opportunity to comment on the same. Service shall be sup- plied to the City and its inhabitants in accordance with Avista's rules and regulations and Tariffs currently or subsequently filed with and approved by the Commission. 3.2 Facility Location by Avista and Non-Interference Avista shall have the discretion to determine the placement of its Facilities as may be necessary to provide safe and reliable electric service, subject to the following non-interference require- ments. All construction, installation, repair or relocation of Avista’s Facilities performed by Avista in the Franchise Area will be done in such a manner as not to interfere with the existing con- struction and maintenance of other utilities including drains, drainage ditches and structures, ir- rigation ditches and structures located therein, nor with the grading or improvement of the Fran- chise Area. 3.3 Facility Location Information Avista shall provide the City, upon the City's reasonable request, Facility location information in electronic or hard copy showing the location of its Facilities at specific locations within the Fran- chised Area, to the extent such information is reasonably available, including but not limited to, GIS mapping of its Facilities. Avista does not warrant the accuracy of any such Facility location information provided and, to the extent the location of Facilities are shown, such Facilities may be shown in their approximate location. With respect to any excavations within the Franchise Area undertaken by or on behalf of Avista or the City, nothing stated in this Franchise is intend- ed (nor shall be construed) to relieve either party of their respective obligations arising under the State one-call law with respect to determining the location of existing underground utility facili- ties in the vicinity of such excavation, prior to commencing work. 3.4 Vegetation Management -- Trimming/Removal of Trees State law requires electric utilities to comply with the National Electric Safety Code, including the guidance in the Code for the trimming or removal of vegetation interfering or potentially interfer- ing with energized power lines. The right of Avista to maintain its Facilities and appurtenances Liberty Lake Electric Franchise Page 5 of 18 Rev January 2016 under this Franchise shall accordingly include the right, as exercised in Avista's professional discretion, to utilize an integrated vegetation management program to minimize the likelihood that vegetation encroaching (either above or below the ground) on Avista’s facilities can lead to power outages and other threats to public safety and welfare. Avista or its agents may, without recourse or payment of compensation, inhibit the growth of, prune, or remove any trees and vegetation which overhangs or encroaches upon its Facilities and/or electric transmission and distribution corridors within the Franchise Area, whether such trees or vegetation originate with- in or outside of the Right-of-way. Nothing contained in this Section shall prevent Avista, when necessary from pruning or removing any trees which overhang the Franchise Area and may in- terfere with Avista’s Facilities. 3.5 Excavation 3.5.1 Permit Requirement Avista shall only commence excavation work upon the issuance of applicable permits by the City. Avista also acknowledges that excavations required in arterial streets, especially during peak hours of operation, or during special civic events require substantial coordination with the City prior to issuance of a permit. Avista agrees to co- ordinate such activity prior to commencing excavation as necessary to minimize impacts to the public as required by the City. In the event of an emergency requiring immediate action by Avista for the protec- tion of its Facilities, the City's property, or other persons or property, Avista may proceed without first obtaining the normally required permits. In the event of such an emergency requiring immediate action, Avista shall: (i) take all necessary and prudent steps to pro- tect, support, and keep safe from harm its Facilities, or any part thereof, the City's prop- erty, or other persons or property, and to protect the public health and safety; (ii) as soon as possible thereafter, obtain the required permits and comply with any mitigation re- quirements or other conditions in the after-the-fact permit; and (iii) the City shall not be responsible for any and all costs associated with such emergency action. 3.5.2 Workman-like Completion Except as otherwise provided herein, any excavation work performed in the Franchise Area shall be carried out in accordance with all applicable City permit re- quirements, rules, and procedures. Additionally, such excavation work shall be per- formed with reasonable dispatch, in a workmanlike manner, and with as little interfer- ence or inconvenience to the rights of the public as may be reasonable. 3.5.3 Restoration of Franchise Area Upon completion of any phase of an excavation project within the Franchise Ar- ea, Avista shall, without delay, and at Avista's sole expense, remove all debris and re- store the surface of the Franchise Area to as good or better condition as it was in before Liberty Lake Electric Franchise Page 6 of 18 Rev January 2016  the work began. Avista shall replace any property corner monuments, survey refer- ences, or hubs that were disturbed, damaged, or destroyed during Avista's work in the Franchise Area. Such restoration shall be done in a manner consistent with applicable codes and laws, under the supervision of the City, and to the City's specifications, and in accordance with the City’s most current adopted Pavement Cut Policy, if applicable. 3.5.4 Compliance with Rules and Regulations Avista shall comply with all ordinances, codes, rules, regulations, or policies now or hereafter adopted by the City regarding excavations in the Franchise Area and the Facilities contained therein. 3.6 Emergency Work In the event of an emergency requiring immediate action by Avista to protect the public health and safety or for the protection of its Facilities, or the property of the City or other persons in the Franchise Area, Avista may immediately proceed with excavation or other Right-of-way work, with concurrent notice to the City to the extent possible. SECTION 4.0 RESERVATION OF CITY'S RIGHTS AND POWERS 4.1 Reservation of Right The City, in granting this Franchise, does not waive any rights which it may now have or may subsequently acquire with respect to road rights-of-way or other property of City under this Franchise, and this Franchise shall not be construed to deprive the City of any such powers, rights or privileges which it now has or may hereafter acquire to regulate the use of and to con- trol the City's roads, rights of way and other public property covered by this Franchise. Nothing in the terms of this Franchise shall be construed or deemed to prevent the City from exercising at any time any power of eminent domain granted to it under the laws of this State. 4.2 Necessary Construction/Maintenance by City The construction, operation and maintenance of Avista's Facilities authorized by this Franchise shall not preclude the City, its agents or its contractors, from grading, excavating, or doing other necessary road work contiguous to Avista’s Facilities; provided that Avista shall be given not less than ten (10) business days' notice of said work, except in events of emergency when there exists an unforeseen and substantial risk or threat to public health, safety, welfare, or waste of resources, in which case the City will make reasonable efforts to contact Avista prior to doing said work; and provided further that the City, its agents and contractors shall be liable for any damages, including any consequential damages to third parties, caused by said work to any Fa- cilities belonging to Avista. Liberty Lake Electric Franchise Page 7 of 18 Rev January 2016 4.3 Expansion of Avista’s Facilities. Facilities in the City’s Franchise Area that are incidental to the Franchise Area, or that have been, or are at any future time acquired, newly constructed, leased, or utilized in any manner by Avista shall be subject to all provisions of this Franchise. 4.4 Change of Boundaries of the City Any subsequent additions or modifications of the boundaries of the City, whether by annexation, consolidation, or otherwise, shall be subject to the provisions of this Franchise as to all such ar- eas. The City shall notify Avista of the scope of any change of boundaries not less than thirty (30) days prior to such change becoming effective or in accordance with applicable state law. This provision shall not constitute an endorsement by the City of any pre-existing installation by Avista. 4.5 Removal of Abandoned Facilities During the Term of this Franchise, or upon a revocation or non-renewal of this Franchise, the City may direct Avista to remove designated abandoned Facilities from the Franchise Area at its own expense and as soon as practicable, but only where such abandoned Facilities constitute a demonstrated threat to public health and safety. Avista shall not be required to remove, or pay for the removal of facilities it has previously abandoned to another franchisee, or utility under a joint use agreement, or Person granted permission to access Avista’s facilities. 4.6 Vacation of Properties by City If, at any time, the City shall vacate any road, right of way or other public property which is sub- ject to rights granted by this Franchise, such vacation shall be subject to the reservation of a perpetual easement to Avista for the purpose of constructing, reconstructing, operating, repair- ing, upgrading and maintaining Avista’s Facilities on the affected property. The City shall, in its vacation procedure, reserve and grant said easement to Avista for Avista’s Facilities. 4.7 Pole Attachments by City City shall be permitted, upon reasonable notice to Avista to attach its traffic control, fire and po- lice communications signal cables to Avista’s poles in the Franchise Area, provided that the City signs and meets all conditions of a Joint Use Master License Agreement (“Joint Use Agree- ment”) with Avista. Per the Joint Use Agreement, Avista will not charge a pole rental fee for City’s non-revenue producing pole attachments that are dedicated for the public’s benefit. All pole attachments by the City are at the City’s own risk and must be attached in strict accord- ance with standard safety practices, codes and Avista specifications. If there is not sufficient space available on Avista’s structures such structures may be changed, altered, or rearranged at the expense of the City so as to provide proper clearance and capacity for City facilities. Such City facilities shall be subject to removal or repositioning by Avista at the Liberty Lake Electric Franchise Page 8 of 18 Rev January 2016 City’s expense to the extent necessary for utility worker safety and the proper construction, maintenance, operation or repair of Avista’s Facilities and appurtenances. City assumes all re- sponsibility for the installation and maintenance of City’s facilities installed on Avista’s Facilities. SECTION 5.0 RELOCATION OR CONVERSION OF AVISTA’S FACILITIES 5.1 Relocation of Facilities Requested by City Upon request of the City, Avista shall relocate its Facilities as necessary within the Franchise Area or other City-owned property as specifically designated by the City for such purpose. Whether relocation is necessary shall be determined by the City in its sole discretion, which dis- cretion shall be reasonably exercised taking into account all facts and circumstances. The City shall provide Avista reasonable notice of any intended or expected requirement or request to re- locate Avista's Facilities. Said notice shall not be less than ninety (90) calendar days prior to any such relocation except in cases of emergency or not otherwise reasonably foreseeable by the City. The City shall use reasonable efforts to cause any such relocation to be consistent with any applicable long-term development plan(s) of the City. If, at any time, the City shall cause or require the alteration or the improvement of any road, right of way or other public property which is subject to rights granted by this Franchise within the Franchise Area, Avista shall, upon written notice from the City change the location or readjust the elevation of its sys- tem and other Facilities so that the same shall not interfere with such work and so that such equipment and Facilities shall conform to such new grades or routes as may be established. In the event a relocation forces Avista off City’s existing Public Rights of Way then the City shall make a reasonable effort to accommodate such relocation by securing an acceptable, alternate location for utilities. If the City requires the subsequent relocation of any of Avista’s Facilities within three (3) years from the date of relocation of such Facilities or installation of new Facilities, the City shall bear the entire cost of such subsequent relocation. Avista agrees to relocate all Facilities promptly within a reasonable time. Upon notice from the City, the Parties agree to meet and determine a reasonable relocation time, which shall not ex- ceed the time normally needed for construction projects of the nature of the City’s relocation re- quest unless otherwise mutually agreed. Notwithstanding the above, Avista shall not be required to relocate facilities of other entities that were (i) granted access to Avista’s Facilities through a Joint Use Agreement or (ii) abandoned to another franchisee. Such relocation of these types of facilities shall be in accordance with Sec- tion 5.2 below. In the event that the City requests relocation of Facilities that are in place pursuant to an exist- ing easement, the terms of the existing easement shall be followed, including any relocation Liberty Lake Electric Franchise Page 9 of 18 Rev January 2016 provision contained therein. If relocation of Facilities is not addressed in the terms of the exist- ing easement, the terms of Section 5.2 shall apply to the Facilities in the existing easement. 5.2 Relocation of Facilities Requested by Third Parties City acknowledges that Avista is obligated to provide electric service and related line extension, relocation or conversion of Facilities for the benefit of its customers and to require compensation for such services on a non-preferential basis in accordance with applicable Tariffs. If Facilities are to be relocated at the request of or for the primary benefit of a third party, the City shall not require Avista to relocate its Facilities until such time as a suitable location can be found and the third party has entered into an agreement to reimburse Avista for its reasonable costs of relocation, but without expense or liability to the City. 5.3 Availability of Other Funds In the event federal, state or other funds are available in whole or in part for utility relocating purposes upon Avista’s request in writing, the City agrees to use reasonable efforts to apply for such funds, provided such funds do not interfere with the City's right to obtain the same or simi- lar funds, or otherwise create any expense or detriment to the City. The City may recover all costs, including internal costs, associated with obtaining such funds. 5.4 Temporary Relocation of Facilities Requested by Third Parties At the request of any Person holding a valid permit or other written permission from the City, and upon reasonable advance notice and payment by the permit holder of Avista’s expenses of such temporary change, Avista will temporarily raise, lower or remove its Facilities as necessary to accommodate a permittee of the City desiring to move over-sized structures or equipment along or across the Right-of-Way in the Franchise Area. 5.5 Conversion of Electric Distribution Facilities City, subject to applicable laws, rules, regulations and tariffs, may request that Avista convert from above ground to below ground wires, for the distribution of electricity underground after joint review with Avista and mutual agreement that such installation is feasible, practical and re- quired for the public interest and safety. The incremental cost of such conversion of existing Facilities above the cost of aerial relocation shall be borne and paid by the City or other party requesting the same, subject to law and such rules, regulations, and Tariffs of the Commission. It is expressly agreed by both Parties that this Section 5.5 does not apply to any conversion of transmission (69KV or above) infrastructure. SECTION 6.0 INDEMNITY 6.1 Indemnification of City Avista agrees to defend, indemnify, and hold harmless the City, its appointed and elected offic- ers employees or agents, and volunteers from any and all liabilities, claims, causes of action, Liberty Lake Electric Franchise Page 10 of 18 Rev January 2016 losses, damages and expenses of any nature whatsoever, including all costs and reasonable at- torney’s fees, that the City may sustain, incur, become liable for, or be required to pay, as a consequence of or arising from the negligent acts or omissions of Avista, its officers, employees or agents in connection with Avista’s obligations under this Franchise; provided, however, that this indemnification provision shall not apply to the extent that said liabilities, claims, damages and losses were caused by or result from the negligence of the City, elected officers and em- ployees or agents. Avista’s indemnification obligations pursuant to this Section shall include assuming liability for actions brought by Avista’s own employees and the employees of Avista’s agents, representa- tives, contractors, and subcontractors even though Avista might be immune under Title 51 RCW from direct suit brought by such employees. It is expressly agreed and understood that this as- sumption of liability for actions brought by the aforementioned employees is limited solely to claims against the City arising by virtue of Avista’s exercise of the rights set forth in this Fran- chise. The obligations of Avista under this Section have been mutually negotiated by the Par- ties hereto, and Avista acknowledges that the City would not enter into this Franchise without Avista’s waiver thereof. To the extent required to provide this indemnification and this indemni- fication only, Avista waives its immunity under Title 51 RCW as provided in RCW 4.24.115. 6.2 Indemnification of Avista To the extent permitted by law, City agrees to defend and indemnify, hold harmless Avista, its officers and employees, from any and all liabilities, claims, causes of action, losses, damages and expenses, including costs and reasonable attorney’s fees, that Avista may sustain, incur, become liable for, or be required to pay, as a consequence of or arising from the negligent acts or omissions of the City, its appointed and elected officers and employees or agents in connec- tion with City’s obligations under this Franchise; provided, however, that this indemnification provision shall not apply to the extent that said liabilities, claims, damages, losses and so forth were caused by or result from the negligence of Avista, its employees or agents. 6.3 Insurance Avista shall procure and maintain for the duration of this Franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exer- cise of the rights, privileges and authority granted hereunder to Avista, its agents, representa- tives or employees or volunteers. Avista shall provide a copy of a Certificate of Insurance and all policy endorsements to the City for its inspection prior to the adoption of this Franchise Ordi- nance that names the City as an additional insured. If the insurance is canceled or materially al- tered within the term of this Franchise, Avista will provide replacement continuous uninterrupted coverage in the terms and amounts required pursuant to this Section. Such insurance certifi- cate(s) and/or policy endorsements shall evidence a policy of insurance that includes: Liberty Lake Electric Franchise Page 11 of 18 Rev January 2016  A. Comprehensive general liability insurance including coverage for premises – opera- tions, explosions and collapse hazard, underground hazard and products completed hazard, written on an occurrence basis, with limits not less than: (1) $2,000,000 for bodily injury or death to each person; (2) $2,000,000 for property damage resulting from any one accident; and (3) $2,000,000 for general liability. B. Automobile liability for owned, non-owned and hired vehicles with a limit of $2,000,000 for each person and $2,000,000 for each accident; C. Worker’s compensation within statutory limits and employer’s liability insurance with limits of not less than $2,000,000; Any deductibles or self-insured retentions must be declared to the City. Payment of deducti- bles and self-insured retentions shall be the sole responsibility of Avista. The insurance certifi- cate required by this Section shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. The coverages provided for in this section may be met with a combina- tion of self-insured retention and excess coverage. Avista’s insurance shall be primary insurance with respect to the City, its officers, officials, employees, agents, consultants, and volunteers. Any insurance maintained by the City, its of- ficers, officials, employees, consultants, agents, and volunteers shall be in excess of Avista’s in- surance and shall not contribute with it. In addition to the coverage requirements set forth in this Section, the certificate of insurance shall provide that: “The above described policies will not be canceled before the expiration date thereof, without the issuing company giving thirty (30) days written notice to the certificate holder.” SECTION 7.0 FRANCHISE DISPUTE RESOLUTION 7.1 Forfeiture If Avista shall materially violate any of the provisions of this Franchise through material or un- reasonable neglect or material or unreasonable failure to heed or comply with any notice given Avista under the provisions of this Franchise, then Avista shall forfeit all rights conferred here- Liberty Lake Electric Franchise Page 12 of 18 Rev January 2016 under and this Franchise may be revoked or annulled by the City; provided, however, the City shall give sixty (60) days written notice of its intention to revoke or annul the Franchise during which period Avista shall have the opportunity to remedy any breach. No forbearance by the City shall constitute a waiver of the City’s right to enforce any provision of this Franchise. 7.2 Non-waiver Failure of a Party to declare any breach or default of this Franchise immediately upon the occur- rence thereof, or delay in taking any action in connection therewith, shall not waive such breach or default, but the Party shall have the right to declare any such breach or default at any time. Failure of a Party to declare one breach or default does not act as a waiver of the Party’s right to declare another breach or default. In addition, the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a revocation and forfeiture for breach of the condi- tions of the Franchise. 7.3 Dispute Resolution by the Parties Subject to forfeiture set forth in Section 7.1, disputes regarding the interpretation or execution of the terms of this Franchise that cannot be resolved by the Parties’ representatives, shall be submitted to the City’s Attorney and an attorney representing Avista for resolution. If a mutually satisfactory or timely resolution cannot then be reached by the above process, prior to resorting to a court of competent jurisdiction, the Parties shall submit the dispute to a non-binding alter- nate dispute resolution process agreed to by the Parties. 7.4 Right of Enforcement No provision of this Franchise shall be deemed to bar the right of the City or Avista to seek judi- cial relief from a violation of any provision of the Franchise to recover monetary damages for such violations by the other Party or to seek enforcement of the other Party’s obligations under this Franchise by means of specific performance, injunctive relief or any other remedy at law or in equity. Any litigation between the City and Avista arising under or regarding this Franchise shall occur, if in the state courts, in a court of competent jurisdiction, and if in the federal courts, in the United States District Court for the Eastern District of Washington. 7.5 Attorneys’ Fees and Costs Each Party shall pay for its own attorneys’ fees and costs incurred in any dispute resolution pro- cess or legal action arising out of the existence of this Franchise. SECTION 8.0 GENERAL PROVISIONS 8.1 Franchise as Contract, No Third Party Beneficiaries This Franchise is a contract between the Parties and binds and benefits the Parties and their respective successors and assigns. This Franchise does not and is not intended to confer any rights or remedies upon any persons, entities or beneficiaries other than the Parties. Liberty Lake Electric Franchise Page 13 of 18 Rev January 2016 8.2 Force Majeure In the event that Avista is delayed in or prevented from the performance of any of its obligations under the Franchise by circumstances beyond Avista’s control (Force Majeure) including, with- out limitation, third party labor disputes, fire, explosion, flood, earthquake, power outage, acts of God, war or other hostilities and civil commotion, then Avista’s performance shall be excused during the period of the Force Majeure occurrence. Avista will use all commercially reasonable efforts to minimize the period of the disability due to the occurrence. Upon removal or termina- tion of the occurrence Avista will promptly resume performance of the affected Franchise obliga- tions in an orderly and expeditious manner. 8.3 Prior Franchises Superseded As of the Effective Date this Franchise shall supersede all prior electric franchises for the Fran- chise Area previously granted to Avista or its predecessors by City., and shall affirm, authorize and ratify all prior installations authorized by permits or other action not previously covered by franchise This provision shall not constitute an endorsement by the City of any pre-existing in- stallation by Avista. Termination of the prior Franchise shall not, however, relieve the Parties from any obligations which accrued under said Franchise prior to its termination, including but not limited to, any outstanding indemnity, reimbursement or administrative fee payment obliga- tions. 8.4 Severability The Franchise is granted pursuant to the laws of the State of Washington relating to the grant- ing of such rights and privileges by City. If any article, section, sentence, clause, or phrase of this Franchise is for any reason held illegal, invalid, or unconstitutional, such invalidity shall not affect the validity of the Franchise or any of the remaining portions. The invalidity of any portion of this Franchise shall not abate, reduce, or otherwise affect any obligation required of Avista. 8.5 Changes or Amendments Changes or amendments to this Franchise shall not be effective until lawfully adopted by the City and agreed to by Avista. 8.6 Supremacy and Governing Law This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington. In the event of any conflict between this Franchise and any City ordinance, regulation or permit, the provisions of this Franchise shall control. In the event of a conflict between the provisions of this Franchise and Avista’s applicable Tariff on file with the Commission, the Tariff shall control. 8.7 Headings The headings or titles in this Franchise are for the purpose of reference only and shall not in any way affect the interpretation or construction of this Franchise. Liberty Lake Electric Franchise Page 14 of 18 Rev January 2016 8.10 Acceptance of Franchise. Avista shall, within thirty (30) days after passage of this Ordinance, file with the City Clerk, its acceptance of the terms and conditions of this Franchise. 8.10 Abandonment or Suspension of Franchise Rights and Obligations Avista may at any time abandon the rights and authorities granted hereunder, provided that six (6) months’ written notice of intention to abandon is given to City. In addition, pursuant to Sec- tion 8.6 and in the event a conflict exists between the terms of this Franchise and Avista’s Tariff with the Commission that cannot be resolved, Avista may suspend or abandon the rights and obligations of this Franchise upon reasonable notice to the City. 8.10 Franchise Effective Date The Effective Date of this Franchise shall be _____________________, 20___, after passage, approval and legal publication of this ordinance as provided by law, and provided that it has been duly accepted by Avista as specified above. 8.11 Notice Notwithstanding any other provision in this Franchise, neither Party shall be liable for any failure or alleged failure to provide notice or timely notice unless the Party to whom notice was required can demonstrate that it has been substantially harmed by the failure to provide such notice. For purposes of this Franchise, the contact information and addresses for the City and Avista shall be as follows: If to the City: City Administrator City of Liberty Lake 22710 E. Country Vista Drive Liberty Lake, WA 99019 With Copy to: Sean P. Boutz, City Attorney Evans, Craven & Lackie, P.S. 818 W. Riverside, Suite 250 Spokane, WA 99201 If to Avista: Avista Corporation Real Estate Department MSC-25 P.O. Box 3727 Spokane, Washington 99220-3727 With Copy to: Gregory C. Hesler Senior Counsel Avista Corporation – MSC 33 P.O. Box 3727 Liberty Lake Electric Franchise Page 15 of 18 Rev January 2016  Spokane, Washington 99220-3727 From time to time the City and Avista may designate another person and/or address for all pur- poses of this Franchise by a notice given to the other party in accordance with the provisions hereof. City’s Language Attesting to Approval and Passage of the Ordinance PASSED by the City Council on ______________________, 20___ ATTEST: __________________________________ City Clerk, City of Liberty Lake APPROVED by me on ______________________, 20___ ____________________________________ Mayor, City of Liberty Lake Date of Publication: _______________________, 20___ Liberty Lake Electric Franchise Page 16 of 18 Rev January 2016 Letter of Acceptance by Avista HONORABLE MAYOR AND CITY COUNCIL CITY OF LIBERTY LAKE, COUNTY OF SPOKANE, WASHINGTON IN RE: City of Liberty Lake Ordinance No. 232 “AN ORDINANCE GRANTING AVISTA CORPORATION, d/b/a AVISTA UTILI- TIES, A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE NONEXCLUSIVE RIGHT, PRIVILEGE, AUTHORITY AND FRANCHISE TO LOCATE, CONSTRUCT, INSTALL, OWN, OPERATE, MAINTAIN, REPAIR, AND REPLACE POLES, ELEVATED AND UNDERGROUND WIRES, CABLES AND APPURTENANCES FOR THE TRANSMISSION, CONTROL AND DIS- TRIBUTION OF ELECTRICITY WITHIN THE CITY.” Avista Corporation dba Avista Utilities, for itself, its successors and assigns, hereby ac- cepts the terms and conditions of the Franchise Agreement contained in the subject Or- dinance and files this written acceptance with the City of Liberty Lake. This acceptance is executed on______________________, 20____ Avista Corporation dba Avista Utilities By: ___________________________ Dennis Vermillion President, Avista Utilities Copy Received for the City of Liberty Lake On: ________________________________ By: ________________________________ ________________________________ City Representative - Name Liberty Lake Electric Franchise Page 17 of 18 Rev January 2016 Electric Franchise Ordinance Summary for Publication NOTICE: CITY OF LIBERTY LAKE PROPOSED FRANCHISE ORDINANCE NO. 232 SUMMARY Ordinance No. 232 will grant Avista Corporation dba Avista Utilities a non-exclusive public utility franchise to locate, construct, install, own, maintain, repair, reconstruct, operate and use facili- ties within the City’s public right of way [the Franchise Area] for the purposes of the transmis- sion, control and distribution of electricity within the City for a term of 10 years. Avista agrees to meet accepted industry standards and conform with applicable federal and state laws, as well as the regulations of the appropriate state regulatory body with jurisdiction, in the conduct of its operations under the Franchise. The City reserves the right to make reasonable rules and regu- lations pertaining to the conduct of Avista’s operations within the Franchise Area. Avista must not interfere with any existing facilities of other utilities. Avista is authorized to make necessary excavations within the Franchise Area; excavations must be carried out with reasonable dis- patch, and the area restored, with as little interference to the public as may be reasonable. Avista must relocate its facilities in the franchise area at the City’s request. Avista may operate a vegetation management program in connection with franchised activities. Provisions are made for informal dispute resolution. (Final Reading of Ordinance ______________ is anticipated to be held before the Liberty Lake City Council on___________________ 20_____ at ____:___ am/pm in the City Council Cham- bers). Liberty Lake Electric Franchise Page 18 of 18 Rev January 2016 Introduction of Upcoming Agenda Items  DRAFT CITY COUNCIL ADVANCED AGENDAS For Planning Discussion Purposes Only As of January 13, 2017 Please note: This is a work in progress; items are tentative January 24, 2017 DUE Wed, Jan 18 Special Joint Meeting with Planning Commission 1. Workshop Discussion: Design Regulations, I-zone, C2 Zone, and M2 zone – Gregg Dohrn, Facilitator February 7, 2017 DUE Wed, Feb 1 1. Workshop Discussion: Master Planning for Trailhead Facility 2. Consent Agenda (minutes, vouchers) 3. General Business - Award bid for Community Message Board 4. ORDINANCE SECOND READ: Ordinance No. 232, granting a non-exclusive Franchise Agreement to Avista Corporation February 21, 2017 DUE Wed, Feb 15 1. Consent Agenda (minutes, vouchers) 2. General Business - Award bid for Liberty Lake Police Patrol Vehicle - Approve consultant service agreement for Orchard Park and multi-purpose field ************* TENTATIVE ITEMS: 1. Service contract with Ptera for phones and cameras 2. RESOLUTION – Update to the Financial Policy 3. On-call arborist contract 4. Professional Services Agreement for Transportation Projects (Design Consultant for Appleway traffic signals and Harvard Road Bridge evaluation) 5. Moratorium on the Acceptance of or Processing of Applications, or Issuance of Permits or Licenses, and Approvals, and Uses or Activities Associated with the Producing, Processing, or Retailing of Marijuana and Marijuana-Infused Products; and Declaring an Emergency (expires 5/2/17). 6. PRESENTATION: Municipal City Flag, Councilman Dunne