City Council

CITY COUNCIL MEETING TUESDAY, FEBRUARY 21, 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 – Liberty Lake Farmers Market, Paul Puhek 8. PRESENTATIONS  Proposition 1 – Liberty Lake Police Chief Brian Asmus  Waste Management – Acknowledgement of Driver of the Year, Scott Talley 9. MAYOR AND CITY COUNCIL COMMITTEE REPORTS  Finance Committee 10. CITY ADMINISTRATOR REPORT 11. WORKSHOP DISCUSSION  Community Center 12. ACTION ITEMS A. Consent Agenda i. Approve January 21, and February 7, 2017 City Council Minutes ii. Approve February 21, 2017 vouchers in the amount of $131,506.51 B. General Business i. Award bid for Liberty Lake patrol vehicle to Wendle Ford in the amount of $52,719.96 ii. Approve the Production Agreement with Pyro Spectaculars North, Inc., and authorize Mayor Peterson to sign the Agreement iii. Award the bid to Rob’s Demolition for the demolition of a structure at 19705 E. Maxwell Avenue 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 ORDINANCES a. Ordinance No. 85-A - weed and vegetation control amendment b. Ordinance No. 237 – establishing a moratorium on specific types of uses in the I (Industrial) Zone. 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.  City Council Subcommittee Agendas  Finance Committee Meeting Agenda – City Hall Conference Room February 21, 2017 6:00 PM to 7:00 PM I. Legislative Update II. IPADS & Camera in Council Update III. Avista Lighting and TIB Agreement IV. LIFT Report a. TIF (Property Tax) Amount for 2017 b. 2017 Projected LIFT Match c. LIFT 2018-2034 V. Policy Change Updates a. Personnel VI. Voucher Review ACTION ITEMS  City of Liberty Lake Consent Agenda for February 21, 2017 City Council Meeting Report from the Mayor for pending claims and payment of previously‐approved obligations through February 21, 2017 Payee Description Amount See attached voucher report. Total vouchers through February 21, 2017 $ 131,506.51 TOTAL $131,506.51 RECOMMENDATION: Approve and Authorize for Payment ATTACHMENTS: All original invoices are on file with the City Treasurer. SIGNATURES: City Clerk Mayor Finance Committee 12Bi  AGENDA ITEM NO.: 12Bii BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: Public Fireworks Display February 21, 2017 City of Liberty Lake DEPT. OF ORIGIN: Parks and Recreation EXHIBIT: A - Pyro Spectaculars Agreement DEPT. HEAD APPROVAL: B – Fireworks Location Map C – Pyro Spectaculars, Inc. Proposal Katy Allen, City Administrator EXPENDITURE REQUIRED: $10,000 BUDGETED: Budgeted for 2017 SUMMARY STATEMENT This contract provides for the City’s fireworks show by Pyro Spectaculars, Inc. for the 4th of July. The fireworks will again be located at the city ballfields and will begin at dusk or shortly after. The show is scheduled to last an average of 15 minutes. Pyro Spectaculars, Inc. is able to launch up to 5” shells, which is comparable to the first year that the city presented fireworks. The City has established a working relationship with the Police Dept., Fire Marshall, Spokane Valley Fire Department and CVSD to take pro-active steps for a safe and spectacular event. Insurance coverage limits have been coordinated with CIAW. RECOMMENDED ACTION 1. Authorize the Mayor to sign Agreement.  4” 28 0’ 5” 350’ 3” 21 0’  AGENDA ITEM NO.: 12Biii BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: February 21, 2017 Demolition of Mobile Home DEPT. OF ORIGIN: Administrative Services EXHIBIT: DEPT. HEAD APPROVAL: Katy Allen A – Demolition Proposal B – Bid Scope EXPENDITURE REQUIRED: $9,580 (not including sales tax) BUDGETED: No – All expenses are to be lien to the property SUMMARY STATEMENT City of Liberty Lake received two proposals to demolish an abandoned residence at 19705 E Maxwell. - Rob’s Demolition = $9,580 - Able Clean-up Tech = $26,150 The City will file a lien on the property for all City expenses related to testing and demolishing the residence. RECOMMENDED ACTION 1. Award the Bid Proposal to Rob’s Demolition to carry out the demolition of the abandoned residence at 19705 E. Maxwell. To Whom It May Concern, The City of Liberty Lake has received the approvals necessary to move forward on this project. The mobile home is sitting on blocks. There are no wheel or axles as far as we know and there is no tongue and hitch connected. The City of Liberty Lake would like to have the double wide mobile home located at 19705 E. Maxwell Ave. removed, including the contents, from the property along with other work as described below. Lump sum bids should be submitted to the City Hall at 22710 E. Country Vista Dr., Liberty Lake, WA 99019 no later than February 15, 2017. The work must be completed by March 31,2017. A. The doublewide mobile home: 1. This a 24x54 mobile home built in 1981. 2. The inside is cluttered with belongings and photos are attached for your information. 3. Asbestos survey has been completed and is attached for your information. Please be sure to see 5.1 on page 5. 4. The Contractor shall hire the asbestos contractor and include the cost in the bid. 5. The Contractor shall disconnect any and all utilities prior to the demolition. 6. All traces of the demolition shall be removed. B. The shed. 1. The shed shall have all the trash removed and disposed of. 2. The shed shall be demolished and removed from the site. C. The Property 1. Any other trash, furniture, parts of equipment, etc. on the property shall be removed. 2. The pile of gravel shall be leveled out toward the north. D. Underground Facilities 1. The Contractor is responsible for identifying any underground utilities that would be impacted by this demolition and providing for the proper handling of said utilities. 2. The City has no information regarding utilities on this property. Info to include in request: Prevail wages apply Work must be performed 7am to 6pm Contractor to dispose of material in accordance with local, state and federal requirements Contractor responsible for any traffic control, include price in quote Contractor responsible for any subs, include price in quote Contractor must have City of Liberty Lake business license Contractor must provide City with work schedule prior to beginning work All work must be completed by 3/31/2017 Contractor is responsible for contacting utilities (water, sewer, power, gas, telephone, etc.) for disconnects where needed. Retainage of 5% of contract amount will be held for 45 days after final completion of work Contractor must file intent/affidavit with L & I Demolition permit through City will be paid by City Dennis Scott Code Enforcement Officer City of Liberty Lake 509-607-2419 dscott@libertylakewa.gov  FIRST READ ORDINANCE(S)  AGENDA ITEM NO.: 13a BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: February 21, 2017 & March 7, 2017 Weed Ordinance Update DEPT. OF ORIGIN: Planning & Building Services EXHIBIT: DEPT. HEAD APPROVAL: Katy Allen Ordinance 85A EXPENDITURE REQUIRED: Not Applicable BUDGETED: Not Applicable SUMMARY STATEMENT Ordinance 85 is being proposed for amendment to address practicality and site specific applicability issues with the 6” height rule. As originally written, the ordinance required all properties to maintain vegetation, including native grasses to a 6” maximum height through Spring and Summer. Over the past decade, some of the issues we have encountered with this is the safety of mowing undeveloped properties with rock and other natural debris in the middle of fire season and the practicality of weedwacking large undeveloped acreage properties. Our City Development Code also addresses property maintenance standards so Ordinance 85 has focused primarily on undeveloped properties. The proposed modifications address the practicality and safety issues by allowing for flexibility in maintenance timing and targeting maintenance in the most important streetscape and clear view triangle areas, while encouraging maintenance of entire parcels. RECOMMENDED ACTION 1. Ordinance 1st Reading – February 21, 2017 2. Ordinance 2nd Reading & Adoption – March 7, 2017  ORDINANCE NO. 85A CITY OF LIBERTY LAKE SPOKANE COUNTY, WASHINGTON AN ORDINANCE OF THE CITY OF LIBERTY LAKE, WASHINGTON RELATING TO THE DUTY TO CONTROL WEEDS AND VEGETATION ON PROPERTY AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO AND REPALING ORDINANCE NO. 85 IN ITS ENTIRETY WHEREAS, the City of Liberty Lake as a non-charter code City is vested with the responsibility to protect and promote the public health, safety and welfare of its citizens which includes the proper maintenance of developed and undeveloped property; and WHEREAS, it is the desire of the City Council to impose duties upon owners of property that relate to the control of weeds and vegetation including declaring a nuisance, providing an abatement procedure and a civil penalty. NOW, THEREFORE, the City Council of the City of Liberty Lake, Washington, do ordain as follows: Section 1. Purpose. The City declares it is in the best interest of the citizens of the City of Liberty Lake to: (1) maintain an environment where trees, plants, shrubs and vegetation do not obstruct or impair the free and full use of the sidewalk or street and (2) control grass, weeds, shrubs, bushes and other vegetation growing on property so that a fire hazard or menace to the public health, safety or welfare is not created. Section 2. Duty of Property Owner. It is declared to be the duty of a property owner where trees, plants, shrubs, vegetation or parts thereof overhang any sidewalk, or street or obstruct the public right of way by impairing the full use of the sidewalk or street including an obstruction of the view corridor in the right of way, to remove and abate the same by trimming, destroying or removing such growing or dead vegetation. A property owner has a further duty to remove or destroy all uncultivated grass and weeds, including dead shrubs, bushes and trees which have no appreciable, practical use or value to the property, create a fire hazard or pose a menace to public health, safety or welfare, as required under Section 3. For purposes of this ordinance, the word “weeds” shall refer to noxious weeds regulated pursuant to RCW Chapter 17.10. Section 3. Maximum Height-Removal. All weeds, grass or other uncultivated vegetation prohibited by this ordinance whether located on developed or undeveloped property shall be cut and removed when any such weeds, grass or vegetation exceed 6 inches in height within thirty (30) feet from the back of a sidewalk, curb, or right-of-way (public or private), as applicable. Native grasses outside the thirty (30) foot line shall be maintained to be free of noxious weeds and it is encouraged for the entire property to be cut and removed to reduce the fire hazard and improve community aesthetics. Section 4. Abatement. It is the duty of a property owner to immediately remove, destroy or eradicate any condition on property prohibited by this ordinance. Failure to timely and properly abate as identified in this ordinance shall constitute a nuisance with the City authorized to abate the same. Prior to the City abating the condition creating a nuisance, the City shall: (1) Serve a written notice either personally or by certified mail upon the owner which states: (a) the description of the property involved and the prohibited  condition; (b) the date by which the prohibited condition is to be corrected, which shall not be less than seven (7) days after receipt of the notice; and (c) that the City Council intends to adopt by Resolution an order authorizing the City to correct the prohibited condition, with all City costs becoming a charge against the owner and a lien upon the property. Property owners may contest before the City Council the allegations set forth in the notice on the date and time the Resolution is placed on the Council agenda. Section 5. Abatement By City-Lien. If the nuisance is not abated by the property owner within the time fixed in the resolution and notice, the City shall abate the nuisance and deliver a statement of the cost of such abatement to the property owner. If the property owner fails or refuses to pay the City invoice or if the owner does not respond, the City may cause a lien to be filed against the property and enforced and foreclosed in the same manner as provided for the foreclosure of labor and material liens. Section 6. Penalty for Noncompliance. In addition to the failure or refusal to comply with a request by the City to abate the conditions identified under this ordinance the City Police Department may issue a Class I civil infraction pursuant to RCW Chapter 7.80. Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 8. Repealer. Upon the Effective Date of this Ordinance, Ordinance No. 85 shall be repealed in its entirety and shall have no further force or effect of law. Section 9. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. PASSED by the City Council this day of , 2017. MAYOR STEVE PETERSON ATTEST: ____________________________ ANN SWENSON, City Clerk APPROVED AS TO FORM: ____________________________ SEAN P. BOUTZ, City Attorney  AGENDA ITEM NO.: 13b BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: February 21, 2017 Moratorium for specific land uses in the I Zone DEPT. OF ORIGIN: Planning & Building Services / EXHIBIT: City Attorney Ordinance 237 DEPT. HEAD APPROVAL: Katy Allen EXPENDITURE REQUIRED: Not Applicable BUDGETED: Not Applicable SUMMARY STATEMENT Specific land uses in the I (Light Industrial) Zone are being considered during our City Development Regulations update to be changed from allowed to Not Permitted. To keep the status quo during the City Development Code update, a moratorium on the acceptance of applications and issuance of permits for the following is being proposed:  recreational vehicle park / campground  outdoor vehicle storage  self service storage facility (mini storage)  concrete product manufacturing / ready mix concrete (excluding extraction / mining) or similar heavy industrial type uses A moratorium would enable the City to further research how to best implement the updated Comprehensive Plan, maintain established level of service standards, and protect the public health and safety RECOMMENDED ACTION 1. Ordinance 1st Reading, 2nd Reading, & Adoption – February 21, 2017  CITY OF LIBERTY LAKE SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 237 AN ORDINANCE OF THE CITY OF LIBERTY LAKE, WASHINGTON ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS AND ISSUANCE OF PERMITS FOR SPECIFIC TYPES OF USES AND IMPROVEMENTS IN THE I (LIGHT INDUSTRIAL) ZONE; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, the City of Liberty Lake, Washington (“City”) has prepared and is implementing a Comprehensive Plan and Development Regulations in accordance with the provisions of the Washington State Growth Management Act; and WHEREAS, the City initiated and successfully completed a process in 2015 to update its Comprehensive Plan in accordance with the provisions of the Washington State Growth Management Act; and WHEREAS, during the process of updating the Comprehensive Plan the City initiated a SEPA review of all property within the corporate boundaries of the City and issued a Determination of Non-Significance on July 22, 2015, which the City maintains in its Planning and Building Service Department; and WHEREAS, the City may incorporate by reference the City’s SEPA review pursuant to WAC 197-11-600 and WAC 197-11-635; and WHEREAS, the City initiated a process in 2016 to review and update its Development Regulations in accordance with the provisions of the updated Comprehensive Plan and the provisions of the Washington State Growth Management Act; and WHEREAS, during the process of identifying potential revisions to the Development Regulations the City Council of the City of Liberty Lake (“City Council”) has determined that the public interest would be served by a more extensive discussion of where and under what circumstances industrial zone uses and improvements should be permitted: and WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 authorize the City to adopt a moratorium of up six (6) months on the acceptance of applications and the issuance of permits associated with the type of uses and improvements within the City’s I (Light Industrial) Zone, which would enable the City to further research how to best implement the updated Comprehensive Plan, maintain established level of service standards, and protect the public health and safety; and WHEREAS, the City may adopt a moratorium under RCW 35A.63.220 and RCW 36.70A.390 without first holding a public hearing on the moratorium as long as it holds a public hearing on the moratorium within sixty (60) days of its adoption, and  WHEREAS, the City Council has determined that it is in the best interest of the City and its citizens that a moratorium be established to study the appropriate Development Regulations, including but not limited to the acceptance and issuance of permits for specific types of uses and improvements within the City’s I (Light Industrial) zone, (including recreational vehicle park / campground, outdoor vehicle storage, self service storage facility (mini storage), and concrete product manufacturing / ready mix concrete (excluding extraction / mining) or similar heavy industrial type uses), the impact on and consistency with the updated Comprehensive Plan, and as set forth in this Ordinance; and WHEREAS, the adopting of a moratorium on the acceptance of applications and the issuance of permits for the type of uses and improvements within the City’s I (Light Industrial) Zone is necessary to protect the public health and safety and is in the public interest. NOW, THEREFORE, the City Council of the City of Liberty Lake, Washington, do ordain as follows: Section 1. Findings of Fact. The City Council adopts the above recitations as findings of fact justifying the moratorium, and may supplement these findings of fact before or immediately after the public hearing on this moratorium. Section 2. Moratorium Established. A moratorium is established in the City on the acceptance of applications and the issuance of permits associated with the type of uses and improvements within the City’s I (Light Industrial) zone (including recreational vehicle park / campground, outdoor vehicle storage, self service storage facility (mini storage), and concrete product manufacturing / ready mix concrete (excluding extraction / mining) or similar heavy industrial type uses). Section 3. Term of Moratorium. The moratorium established by this Ordinance shall be in effect immediately upon approval for an initial period of six (6) months, unless repealed, extended, or modified by the City Council after a public hearing and the entry of appropriate findings of fact as required by RCW 35A.63.220 and/or RCW 36A.70A.390. The City Council may renew this moratorium for one or more six month periods as permitted by law. Section 4. Public Hearing. Pursuant to RCW 35A.63.220 and/or RCW 36A.70A.390, the City Council shall hold a public hearing on this moratorium within sixty (60) days of the adoption of this moratorium. Section 5. Administrative Code Interpretations Authorized. In the event of any question or uncertainty regarding the applicability of this moratorium, the Mayor or his/her designee is hereby authorized to make such administrative code interpretations as may be necessary to implement this moratorium. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or unconstitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 7. Effective Date. This Ordinance, as a public emergency ordinance, necessary for the protection of the public health, public safety, public property, or public peace, shall take effect and be in full force and effect immediately upon adoption. Pursuant to Matson v. Clark County Bd. Of Com’rs, 79 Wash.App. 641, 904 P.2d 317 (1995), underlying facts necessary to support this emergency declaration are included in the “WHEREAS” clauses, above, all of which are adopted by reference as set forth herein. This Ordinance shall become effective immediately upon passage. The City Clerk is directed to publish a summary of this Ordinance, as applicable, at the earliest publication date. Passed by the City Council this _____day of February, 2017. MAYOR STEVE PETERSON ATTEST: ____________________________ ANN SWENSON, City Clerk APPROVED AS TO FORM: ____________________________ SEAN P. BOUTZ, City Attorney Introduction of Upcoming Agenda Items  DRAFT CITY COUNCIL ADVANCED AGENDAS For Planning Discussion Purposes Only As of February 16, 2017 Please note: This is a work in progress; items are tentative March 7, 2017 DUE Wed, March 1 1. Consent Agenda (minutes, vouchers) 2. General Business 3. - Approve consultant service agreement for design of Orchard Park and multi-purpose field - Award bid for Professional Services Agreement for Transportation Projects - Award bid for construction of Liberty Lake Road - Approve Transportation Improvement Board (TIB) funding agreement - Approve Avista lighting conversion Agreement 4. PUBLIC HEARING – Amending the City’s Six-Year Transportation Improvement Program for 2017- 2022 5. RESOLUTIONS: a. 16-211A: Amending the City of Liberty Lake’s six-year Transportation Improvement Program for 2017- 2022 (Harvard Bridge) b. Disposal of Certain Inventory Items Deemed To Be Surplus and No Longer Used By the City 6. FIRST READ ORDINANCE: Ordinance No. XXX – Adding Chapter 3 to Title 5 of the City of Liberty Lake Municipal Code Establishing a Vacant Property Registration Program 7. SECOND READ ORDINANCE: Ordinance No. 85A, weed and vegetation control amendment. March 21, 2017 DUE Wed, March 15 1. Local Business Spotlight – Pawpular Companions (Mara & Carl Crowell) 2. Consent Agenda (minutes, vouchers) 3. General Business - Approve Trail Lighting Agreement with Avista - Award construction bid for Overlay Heights, Phase 1 4. SECOND READ ORDINANCE: Ordinance No. XXX – Adding Chapter 3 to Title 5 of the City of Liberty Lake Municipal Code Establishing a Vacant Property Registration Program ************* TENTATIVE ITEMS: 1. Service contract with Ptera for phones and cameras 2. RESOLUTION – Update to the Financial Policy 3. On-call arborist contract 4. 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). 5. PRESENTATION: Municipal City Flag, Councilman Dunne 6. Real Estate Assessment 7. Approve consultant contract for signals @ Madsen/Signal (5/16) 8. Award bid for construction of beacon install @ Apts/HD (5/16) 9. Award bid for construction of Orchard Park (7/4 or alternate) 10. Approve Agreement for sports design field (7/4 or alternate) 11. Award consultant contract for Harvard Bridge Revision (6/15) 12. Award bid for signals @ Madsen/Signal (potentially 10/17, pending successful funding) 13. Harvard Bridge Revision conceptual design presentation to Council (11/7) 14. Acknowledgement of Brian Cuda for his donation of time & expertise in helping the City to stream CC meetings. 15. Purchase of a Skid Steer 16. Approve Revocable License and Permit Right-of-Way Encroachment with Chris DiCicco / Crossfit