City Council

CITY COUNCIL MEETING / PUBLIC HEARINGS TUESDAY, MARCH 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. PRESENTATION Emergency Preparedness Drill Plan Larry Rider, Volunteer, Scout Troop #325 8. LOCAL BUSINESS SPOTLIGHT – Pawpular Companions, Mara & Carl Crowell 9. MAYOR AND CITY COUNCIL COMMITTEE REPORTS  Finance Committee 10. CITY ADMINISTRATOR REPORT 11. WORKSHOP DISCUSSION  Funding Sources for Capital Improvement Projects & Operational Costs 12. ACTION ITEMS A. Consent Agenda i. Approve March 7, 2017 City Council Minutes ii. Approve March 21, 2017 vouchers in the amount of $121,539.74 B. General Business i. Approve the Letter of Engagement for hiring Beth Kennar from the Summit Law Group to assist in negotiating the new health care benefit package as part of the collective bargaining agreement ii. Authorize Mayor Peterson to sign/execute the Transportation Improvement Board (TIB) Grant Agreement and Avista LED Streetlight Conversion Agreement 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. 12. ACTION ITEMS (continued) B. General Business iii. Award construction bid for Heights Overlay, Phase to the Poe Asphalt Paving, Inc. in the amount of $141,005.88 and approve an Owner's construction contingency of 5% ($7,000) to be managed by staff 13. PUBLIC HEARINGS Proposed Amendment to the City of Liberty Lake’s Six-Year Transportation Improvement Program City of Liberty Lake’s Moratorium on the Acceptance Of Applications and Issuance of Permits for Specific Types of Uses and Improvements in the I (light industrial) Zone 14. RESOLUTION Resolution No. 16-211A, amending the City of Liberty Lake’s six-year Transportation Improvement Program for 2017 – 2022 15. FIRST READ ORDINANCE Ordinance No. 235A – amending the City of Liberty Lake’s 2017 budget 16. SECOND READ ORDINANCE Ordinance No. 238 – Adding Chapter 3 to Title 5 of the City of Liberty Lake Municipal Code Establishing a Vacant Property Registration Program 17. INTRODUCTION OF UPCOMING AGENDA ITEMS 18. CITIZEN COMMENTS 19. 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 March 21, 2017 6:00 PM to 7:00 PM I. Legislative Update a. Bills that are now dead b. Senate Budget c. Other Bills i. Public Records Bills II. AWC Well City Award III. Budget Amendments IV. LIFT Report V. Revenue Forecast Review VI. Voucher Review  LIBERTY LAKE MUNICIPAL LIBRARY MONTHLY REPORT February 2017 Statistics: FEB 2017 2016 Checkouts 6,175 7,687 7,687 Renewals 973 1,210 Downloads 828 897 Loaned to CIN 1,225 911 Freegal 352 930 In house 565 428 ILL 8 8 Total circulation 10,126 12,063 Borrowed from CIN 745 874 Library Past Checkins 6,042 7,346 Total patron visits 6,000 4,828 Programs: Children’s 526 505 Adult 67 100 Winter Reading:Children 85 Adults 12 Total 690 605 New cards 89 89 Total cards 5,725 6,038 Events in February STCU Finance Class Library Now Friends Valentine Basket Silent Auction: Jan 16 - Feb 11th STEM-tacular Thursday: Feb 2nd Blind Date w/ a Book: February 1st - 14th - Choose a gift-wrapped book for a surprise read Needle Arts Society of Liberty Lake, Saturdays @ 10:30 Lego Club, Mondays @ 4 pm in the Meeting Room Adult Crafts, Feb 9th & 18th @ 2 in the Meeting Room Books 'n Brew Club: Thursday, February 23/ In the Unlikely Event by Judy Blume Winter Reading Program/ Youth & Adults Code Club Children’s Story Times (4 times /week) Looking Ahead Nerf War: March 10, 5:45 Family Movie Night: March 30 – Fantastic Beasts and Where to Find them STEM-tacular Thursday, March 2: Marker Bots @ 4 pm Totally Untidy Toddlers: March 14th @ 10:30 Family Craft: March 18th @ 2: Flower pots LEGO Club: Fridays @ 4 Code Club Wednesdays @ 4 (except for 3/1/2017) Adult Craft: March 9th @6 DIY Notebooks Family Craft: March 23@6 pm Homemade Bubble bath & sugar scrub Book Club: March 30 @ 6:30 The Underground Railroad/ Colson Whitehead Children’s Story Times (4 times /week) ACTION ITEMS  City of Liberty Lake Consent Agenda for March 21, 2017 City Council Meeting Report from the Mayor for pending claims and payment of previously‐approved obligations through March 21, 2017 Payee Description Amount See attached voucher report. Total vouchers through March 21, 2017 $ 121,539.74 TOTAL $ 121,539.74 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: Summit Law Group FOR THE AGENDA OF: March 21, 2017 DEPT. OF ORIGIN: Police EXHIBIT: Engagement Letter DEPT. HEAD APPROVAL: Chief Brian Asmus EXPENDITURE REQUIRED: YES BUDGETED: YES SUMMARY STATEMENT In the current collective bargaining agreement, an opener was created in the contract language to allow for the negotiation of the health care benefits portion of the contract. The purpose of the opener was based on the fact that the current health care plan described in the contract language will no longer be available in 2018, therefore, a new health care benefit package will need to be negotiated and agreed upon. The police department would like to use the services of Beth Kennar of the Summit Law Group to assist the management team in negotiating a new health care benefit package with the Union. An engagement letter is attached for your consideration. The management team would like to start scheduling meetings starting in April of 2017 with the Union. RECOMMENDED ACTION Staff recommendation is to approve the letter of engagement for hiring Beth Kennar from the Summit Law Group to assist in negotiating the new health care benefit package as part of the collective bargaining agreement.  AGENDA ITEM NO.: 12Bii BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: Light Replacement within Liberty Lake FOR THE AGENDA OF: March 21, 2017 DEPT. HEAD APPROVAL: DEPT. OF ORIGIN: Public Works EXHIBIT: TIB Grant Agreement, Avista Agreement EXPENDITURE REQUIRED: Yes BUDGETED: Yes SUMMARY STATEMENT Avista has completed their work for the LED light replacement in Liberty Lake. They replaced approximately 109 incandescent lights at $450/each. This brings the total to $49,050 for the work performed by Avista. Avista will invoice the City this amount. The Transportation Improvement Board (TIB) will reimburse the City for the full amount of Avista’s invoice. We may seek reimbursement from TIB when we receive Avista’s invoice. We will require a budget amendment to recognize the revenue and expenditure, but the net cost to the City is zero dollars. RECOMMENDED ACTION Staff recommends: 1. Authorize the Mayor to sign/execute the Agreements for TIB and Avista.  Washington State Transportation Improvement Board S-E-875(001)-1 Relight Washington Grant Agreement City of Liberty Lake S-E-988(001)-1 LED Streetlight Conversion STATE OF WASHINGTON TRANSPORTATION IMPROVEMENT BOARD AND CITY OF LIBERTY LAKE GRANT AGREEMENT THIS GRANT AGREEMENT (“Agreement”) is made and entered into between the WASHINGTON STATE TRANSPORTATION IMPROVEMENT BOARD (“TIB”) and the CITY OF LIBERTY LAKE, a Washington state municipal corporation (“RECIPIENT”). WHEREAS, the TIB has developed a grant program, Relight Washington, to provide for the conversion of standard streetlights to LED lighting (“Project”) for eligible cities and towns to reduce municipal electrical costs, and WHEREAS, the above-identified City is eligible to receive a Project grant and attests that it has the legal authority to receive such grant and to perform the Project pursuant to the terms of this grant, NOW, THEREFORE, pursuant to chapter 47.26 RCW and chapter 479 WAC, the above recitals that are incorporated herein as if fully set forth below, and in consideration of the terms, conditions, and performances contained herein, and the attached Exhibits, if any, which are made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. GRANT TIB agrees to grant funds in the amount of FORTY-SEVEN THOUSAND SEVEN HUNDRED AND 00/100 dollars ($47,700) for the Project pursuant to terms contained herein, and the RECIPIENT agrees to accept such grant funds and agrees to perform and be subject to the terms and conditions of this Agreement. 2. USE OF TIB GRANT FUNDS TIB grant funds may come from Motor Vehicle Fuel Tax revenue. Any use of these funds for anything other than for highway or street Project improvements is prohibited and shall subject the RECIPIENT to the terms, conditions and remedies set forth in Section 9. 3. PROJECT AND BUDGET The Project shall provide for the conversion of identified streetlights within RECIPIENT’s city limits. The RECIPIENT agrees to enter into an agreement with or otherwise provide for a service provider to perform the actual conversion work. The RECIPIENT further agrees that it shall be solely responsible for and shall pay its service provider’s invoices for costs of the work. The Project and Budget may be amended by the Parties, pursuant to Section 6. Relight Washington Grant Agreement Page 1 of 5 September 2015  Washington State Transportation Improvement Board S-E-875(001)-1 Relight Washington Grant Agreement 4. PROJECT DOCUMENTATION The RECIPIENT agrees to and shall make reasonable progress and submit timely Project documentation, as applicable, throughout the term of this Agreement and Project. Required documents include, but are not limited to the following: a) Documentation to support all costs expended for the Project. b) Project Closeout Form. 5. BILLING AND PAYMENT The RECIPIENT may submit progress payment requests to the TIB as necessary. If billable amounts are greater than $50,000, RECIPIENT shall submit requests for payments on a quarterly basis. If progress payments are not regularly requested, reimbursements may be delayed or scheduled in a to be determined payment plan. 6. RECORDS MAINTENANCE 6.1 The RECIPIENT shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the Project work described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. RECIPIENT shall retain such records for a period of six years following the date of final payment. At no cost to TIB, these records shall be provided when requested, including materials generated under the Agreement, and shall be subject at all reasonable times to inspection, review or audit by TIB personnel, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. 6.2 If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 7. INCREASE OR DECREASE IN TIB GRANT FUNDS RECIPIENT may request an increase in the TIB grant funds for the Project. Requests must be made in writing and will be considered by TIB and awarded at the sole discretion of TIB. An increase in grant funds shall be by amendment pursuant to Section 14. If an increase is denied, the recipient shall be solely liable for costs incurred in excess of the Agreement grant amount. 8. TERM OF AGREEMENT This Agreement shall be effective upon execution by the Parties and shall continue through closeout of the grant amount, or modification thereof, or unless terminated as provided herein. In no event shall the Agreement term exceed two years, unless extended by Agreement amendment pursuant to Section 14. Relight Washington Grant Agreement Page 2 of 5 September 2015  Washington State Transportation Improvement Board S-E-875(001)-1 Relight Washington Grant Agreement 9. DEFAULT AND TERMINATION 9.1 NON-COMPLIANCE a) In the event TIB determines, in its sole discretion, the RECIPIENT has failed to comply with the terms and conditions of this Agreement, TIB shall notify the RECIPIENT, in writing, of the non-compliance. b) RECIPIENT shall provide a written response within ten (10) business days of receipt of TIB’s notice of non-compliance, which shall include either a detailed plan to correct the non-compliance, a request to amend the Project, or a denial accompanied by supporting details. An agreement to amend the Project must be pursuant to Section14. c) RECIPIENT shall have thirty (30) days in which to make reasonable progress toward compliance pursuant to its plan to correct or implement an amendment to the Project. d) Should RECIPIENT dispute non-compliance, TIB will investigate the dispute and may withhold reimbursement payments or prohibit the RECIPIENT from incurring additional reimbursable costs during the investigation. 9.2 DEFAULT RECIPIENT may be considered in default if TIB determines, in its sole discretion, that: a) RECIPIENT is not making reasonable progress toward correction and compliance. b) TIB denies the RECIPIENT’s request to amend the Project. c) After investigation, TIB confirms RECIPIENT’S non-compliance. TIB reserves the right to order RECIPIENT to immediately stop work on the Project and TIB may stop Project progress payments until the requested corrections have been made or if the Agreement is terminated. 9.3 TERMINATION a) In the event of default as determined pursuant to Section 9.2, TIB shall serve RECIPIENT with a written notice of termination of this Agreement, which may be served in person, by email or by certified letter. Upon service of notice of termination, the RECIPIENT shall immediately stop work and/or take such actions necessary as may be directed by TIB. b) In the event of default and/or termination, the RECIPIENT may be liable for damages as authorized by law including, but not limited to, repayment of grant funds. c) The rights and remedies of TIB provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 9.4 TERMINATION OR SUSPENSION FOR NECESSITY TIB may, with ten (10) days written notice, terminate or suspend this Agreement, in whole or in part, because funds are no longer available for the purpose of meeting TIB’s obligations. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for Project work performed or costs incurred prior to the effective date of termination. Relight Washington Grant Agreement Page 3 of 5 September 2015  Washington State Transportation Improvement Board S-E-875(001)-1 Relight Washington Grant Agreement 10. DISPUTE RESOLUTION a) The Parties shall make good faith efforts to quickly and collaboratively resolve any dispute arising under or in connection with this Agreement. The dispute resolution process outlined in this Section applies to disputes arising under or in connection with the terms of this Agreement. b) Informal Resolution. The Parties shall use their best efforts to resolve disputes promptly and at the lowest organizational level. c) In the event that the Parties are unable to resolve the dispute, the Parties shall submit the matter to non-binding mediation facilitated by a mutually agreed upon mediator. The Parties shall share equally in the cost of the mediator. d) Each Party agrees to participate to the fullest extent possible in resolving the dispute in order to avoid delays or additional incurred cost to the Project. e) The Parties agree that they shall have no right to seek relief in a court of law in accordance with Section 11 until and unless the Dispute Resolution process has been exhausted. 11. GOVERNANCE, VENUE, AND ATTORNEYS FEES This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. The Parties agree that each Party shall be responsible for its own attorneys’ fees and costs. 12. INDEMNIFICATION, HOLD HARMLESS, AND WAIVER 12.1 Each Party, shall protect, defend, indemnify, and save harmless the other Party, its officers, officials, employees, and authorized agents, while acting within the scope of their employment as such, 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, a Party’s own negligent acts or omissions which may arise in connection with its performance under this Agreement. No Party will be required to indemnify, defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the sole negligence of the other Party. Where such claims, suits, or actions result from the concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of a Party’s own negligence. 12.2 Each Party agrees that its obligations under this section extends to any claim, demand and/or cause of action brought by, or on behalf of, any of its officers, officials, employees or authorized agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available to it against such claims under the Industrial Insurance provision of Title 51 RCW. 12.3 The obligations of this indemnification and waiver Section shall survive termination of this Agreement. Relight Washington Grant Agreement Page 4 of 5 September 2015  Washington State Transportation Improvement Board S-E-875(001)-1 Relight Washington Grant Agreement 13. ASSIGNMENT The RECIPIENT shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The RECIPIENT is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the RECIPIENT’s other rights under this Agreement. 14. AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by persons authorized to bind each of the Parties. 15. INDEPENDENT CAPACITY The RECIPIENT shall be deemed an independent contractor for all purposes and the employees of the RECIPIENT or any of its contractors, subcontractors, and employees thereof shall not in any manner be deemed employees of TIB. 16. ENTIRE AGREEMENT This Agreement, together with the Exhibits, if any, the provisions of chapter 47.26 RCW, chapter 479 WAC, and TIB Policies, constitute the entire Agreement between the Parties and supersedes all previous written or oral agreements between the Parties. City of Liberty Lake Transportation Improvement Board Chief Executive Officer Date Executive Director Date Print Name Print Name Approved as to Form By: _____SIGNATURE ON FILE____________ ANN E. SALAY Senior Assistant Attorney General NOTE: Any changes to the terms of this Agreement shall require further approval of the Office of the Attorney General Relight Washington Grant Agreement Page 5 of 5 September 2015  AGENDA ITEM NO.: 12Biii BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: Bid Award for Heights Overlay Phase 1 FOR THE AGENDA OF: March 21, 2017 DEPT. HEAD APPROVAL: DEPT. OF ORIGIN: Public Works EXHIBIT: Bid Tabulation, Contract EXPENDITURE REQUIRED: Yes BUDGETED: Yes SUMMARY STATEMENT Bids were opened on 2-28-17 for the Heights Overlay Phase 1 Project after a public bid process. The project will overlay Valleyway Ave and Mitchell Ct in the Heights neighborhood. The low bidder for this project is Poe Asphalt Paving, Inc. The Bidder meets all required criteria. The bid amount is $141,005.88. The budget for this work is $175,000. Bids were competitive and staff recommends awarding the project to the low Bidder. RECOMMENDED ACTION Staff recommends: 1. Award the project the low Bidder in the amount of $141,005.88. 2. Approve an Owner's construction contingency of 5% ($7,000) that will be managed by staff to effectively complete the project.  City of Liberty Lake 22710 E Country Vista Dr Local Agency Contract THIS AGREEMENT, made and entered into this day of , . between the City of Liberty Lake , and the Poe Asphalt Paving, Inc. under and by virtue of Title 47 RCW, as amended and hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, and equipment for: Heights Overlay Phase 1 in accordance with and as described in the attached plans and specifications, and the standard specifications of the City of Liberty Lake which are by this reference incorporated herein and made part hereof and, shall perform any changes in the work in accord with the Contract Documents. The Contractor shall provide and bear the expense of all equipment, work and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by City of Liberty Lake . II. City of Liberty Lake hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. n/a Heights Overlay Phase 1 DOT Form 272-006A n/a 07/2011  III. The Contractor for himself/herself, and for his/her heirs, executors, administrators, successors, and assigns, does hereby agree to full performance of all convenants required of the Contractor in the contract. IV. It is further provided that no liability shall attach to the State by reason of entering into this contract, except as provided herein. IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first below written and City of Liberty Lake has caused this instrument to be executed by and in the name of City of Liberty Lake the day and year first above written. Executed by the Contractor , . (Contractor) Local Agency: City of Liberty Lake Title: Mayor Steve Peterson By: Date: , 2017 Attest: Approved as to Form: City Clerk, Ann Swenson City Attorney, Sean Boutz n/a Heights Overlay Phase 1 DOT Form 272-006A n/a 07/2011  Contract Bond Highway Construction KNOW ALL MEN BY THESE PRESENTS, That Of , as Principal, and As Surety, are jointly and severally held and bound unto the City of Liberty Lake, Washington, in the penal sum of Dollars ($ ), the payment of which we jointly and severally bind ourselves, our heirs, executors, administrators, and assigns, and successors and assigns, firmly by these presents. The CONDITION of this bond is such that WHEREAS, on the Day of A.D., , the said Principal, herein, executed a certain contract with the City of Liberty Lake, Washington, by the terms, conditions, and provisions of which contract the said Principal, herein, agree to furnish all material and do certain work, to wit: That . , Will undertake and complete the construction of Heights Overlay Phase 1 According to the maps, plans and specifications made a part of said contract, which contract as so executed, is hereunto attached, is now referred to and by reference is incorporated herein and made a part hereof as fully for all purposes as if here set forth at length. This bond shall cover all approved change orders as if they were in the original contract. NOW, THEREFORE, if the Principal herein shall faithfully and truly observe and comply with the terms, conditions, and provisions of said contract in all respects and shall well and truly and fully do and perform all matters and things by them undertaken to be performed under said contract, upon the terms proposed therein, and within the time prescribed there in, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors, and material men, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work, and shall in all respects, faithfully perform said contract according to law, then this obligation to be void, otherwise to remain in full force and effect. WITNESS our hands this __________________ day of _______________________, ________ (Principal) (Attorney-in-fact, Surety) Name and Address of Local Office or Agent APPROVED: City of Liberty Lake, Washington City Clerk, Ann Swenson By:________________________________ Date:________________________________ Surety Bond No. RESOLUTION  RESOLUTION NO. 16-211A CITY OF LIBERTY LAKE SPOKANE COUNTY, WASHINGTON A RESOLUTION OF THE CITY OF LIBERTY LAKE AMENDING RESOLUTION NO. 16-211 ADOPTING THE SIX (6) YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR 2017 THROUGH 2022. WHEREAS, pursuant to RCW 35.77.010, the City of Liberty Lake, Spokane County, Washington ("City") adopted, on June 21, 2016, a six (6) year Transportation Improvement Program for the years 2017 – 2022 (“TIP”); and WHEREAS, the City desires to add the Harvard Bridge Revision project to the TIP; and WHEREAS, the City of Liberty City Council found the Harvard Bridge Revision project to be in compliance with the City's Comprehensive Plan; and WHEREAS, under RCW 35.77.010, the Liberty Lake City Council held a public hearing on the TIP amendment and update at City Hall, Liberty Lake, Washington, on March 21, 2017. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Liberty Lake that the amended TIP is hereby adopted to include the Harvard Bridge Revision project and all other terms and conditions of Resolution No. 16-211 and the TIP shall remain the same and in effect; and BE IT FURTHER RESOLVED, that a copy of the amended TIP, together with a copy of this Resolution, shall be filed with the Office of the Secretary, Washington State Department of Transportation; and BE IT FURTHER RESOLVED that City staff is authorized to apply for state and federal grants and low-interest loans in support of and consistent with the projects identified in the amended TIP. Approved by the City Council this _____ day of March, 2017. ________________________________ Mayor Steve Peterson ATTEST: APPROVED AS TO FORM: ____________________________________ Ann Swenson, City Clerk SEAN P. BOUTZ, City Attorney FIRST READ ORDINANCE  AGENDA ITEM NO.: 15 BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: March 21st, 2017 Budget Amendment 235A DEPT. OF ORIGIN: Administrative Services EXHIBIT: Ordinance Exhibits A & B DEPT. HEAD APPROVAL: RJ Stevenson EXPENDITURE REQUIRED: No BUDGETED: This is a Budget Amendment for appropriations SUMMARY STATEMENT AMENDMENT #1. Avista has performed the LED Streetlight Conversion. Avista will be invoicing the City of Liberty Lake. The City will be seeking reimbursement from the Washington State Transportation Improvement Board through a state program called the “Relight Program. This program was brought to the City’s attention after the 2017 budget was adopted. The Budget amendment will recognize the revenue from TIB and the expenditure for the LED Streetlight Conversion. AMENDMENT #2. Country Vista from Liberty Lake Road to Mission Ave is in need of reconstruction. This project was not included in the 2017 Budget. The Liberty Lake Heights project bid did come in under budget and the City will postpone the trail lighting project in 2017. City is requesting an additional appropriation of $115,000 from the General Fund to perform complete this project. RECOMMENDED ACTION 1. First read ordinance.  ORDINANCE NO. 235A CITY OF LIBERTY LAKE SPOKANE COUNTY, WASHINGTON AN ORDINANCE AMENDING ORDINANCE NO. 235 PASSED BY THE CITY COUNCIL ON DECEMBER 20, 2016, ENTITLED “AN ORDINANCE OF THE CITY OF LIBERTY LAKE, WASHINGTON, ADOPTING A BUDGET FOR THE PERIOD JANUARY 1, 2017, THROUGH DECEMBER 31, 2017, APPROPRIATING FUNDS AND ESTABLISHING SALARY SCHEDULES FOR ESTABLISHED POSITIONS”. WHEREAS, state law provides for the adoption of a budget by the City Council of the City of Liberty Lake for the purpose of making appropriations of the total estimated revenues for each separate fund and the aggregate totals for all such funds combined; WHEREAS, subsequent to the adoption of the annual budget, it has become necessary to make changes in certain appropriations; WHEREAS, the following changes could not reasonably have been anticipated or known at the time Ordinance 235 was passed by the City Council; WHEREAS, the City Council has determined that the best interest of the City is served by amending the adopted budget approved in Ordinance 235; NOW, THEREFORE, the City Council of the City of Liberty Lake, Washington, do ordain as follows: Section 1. The following accounts contained in the 2017 Budget are hereby amended as set forth in Exhibit “A” which only includes the Avista LED light replacement in Liberty Lake and the reconstruction of Country Vista from Liberty Lake Rd to Mission Ave. Section 2. The detail of the amendments is listed in Exhibit “B”. Section 3 . 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 4. Effective Date. This Ordinance shall be in full force and effective (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: ____________________________ City Attorney, Sean Boutz  City if Liberty Lake 2017 Budget Amendment Exhibit A AMENDMENT #1: Recognize Grant Revenue and Appropriate dollars for the Avista LED light replacement in Liberty Lake. AMENDMENT #2: Appropriate dollars for the reconstruction of Country Vista from Liberty Lake Rd to Mission Ave. Revenue and Other Sources Expenditures Ending Fund Balance Original Budget Adjustment Proposed Original Budget Adjustment Proposed Original Budget Proposed FUND 312 STREETS CAPITAL FUND - AMEND #1 1,800,500.00 55,000.00 1,855,500.00 1,924,000.00 55,000.00 1,979,000.00 376,500.00 376,500.00 312 STREETS CAPITAL FUND - AMEND #2 1,855,500.00 115,000.00 1,970,500.00 1,979,000.00 115,000.00 2,094,000.00 376,500.00 376,500.00 001 GENERAL FUND - AMEND #2 6,253,864.00 - 6,253,864.00 6,972,099.00 115,000.00 7,087,099.00 3,081,765.00 2,966,765.00  Exhibit B City of Liberty Lake Proposed Budget Amendments for 2017 Line item detail of Budget Amendment 2017 2017 ORIGINAL PROPOSED Line Items affected Account Title BUDGET AMENDMENT Description Streets Capital - 312 AMENDMENT #1: Recognize Grant Revenue and Appropriate dollars for the Avista LED light replacement in Liberty Lake. Revenue State Grant From Transportation 334 03 80 12 Improvement Board (TIB) 1,400,000.00 1,455,000.00 Per Grant Agreement with TIB Expenditures 595 30 63 05 Capital Expenditures - Street Lights - 55,000.00 Avista Light Replacement within Liberty Lake LIBERTY LAKE UPLANDS - 55,000.00 55,000.00 Total Expenditures Streets Capital - 312 AMENDMENT #2: Appropriate dollars for the reconstruction of Country Vista from Liberty Lake Rd to Mission Ave. Revenue 397 42 03 00 Transfer In - From General Fund - 115,000.00 Additional Resources for project Expenditures Roads/Streets Const. & Other 595 30 63 01 Infrastructure 175,000.00 290,000.00 Increase be $115K to complete Country Vista LIBERTY LAKE UPLANDS General Fund - 001 Transfer additional resources for project Expenditures 597 74 00 00 Transfer Out - Streets Capital - 115,000.00 Additional Resources for project 508 80 00 01 Unreserved Ending Cash/Investments 3,081,765.00 2,966,765.00 Reduction of cash balance 175,000.00 290,000.00 115,000.00 Total Expenditures 3/15/2017 10:20 AM SECOND READ ORDINANCE  AGENDA ITEM NO.: 16 BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: March 7, 2017 & March 21, 2017 Vacant Property Registration DEPT. OF ORIGIN: Planning & Building Services EXHIBIT: DEPT. HEAD APPROVAL: Katy Allen Ordinance 238 EXPENDITURE REQUIRED: Not Applicable BUDGETED: Not Applicable SUMMARY STATEMENT Ordinance 238 is being proposed to implement a vacant property registration program in order to protect the community from becoming blighted as a result of abandoned properties that are not properly secured and maintained. The registration program would require the lender or other responsible parties of properties that have been abandoned to register those properties with the City and provide for proper maintenance. Having a registration program will save significant staff time that is currently spent researching out a contact person or entity for a vacant property when a code enforcement action needs to occur. RECOMMENDED ACTION 1. Ordinance 1st Reading – March 7, 2017 2. Ordinance 2nd Reading & Adoption – March 21, 2017  CITY OF LIBERTY LAKE SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 238 AN ORDINANCE OF THE CITY OF LIBERTY LAKE, WASHINGTON ADDING CHAPTER 3 TO TITLE 5 OF THE CITY OF LIBERTY LAKE MUNICIPAL CODE ESTABLISHING A VACANT PROPERTY REGISTRATION PROGRAM. WHEREAS, the City of Liberty Lake desires to address vacant, abandoned or foreclosed buildings, homes, or properties (collectively “Properties”), both currently and in the future, to proactively deter vandalism and detect decay, which protects the quality and value of the Properties and the integrity of the area in which the Properties are located; and WHEREAS, the City Council believes Properties which are, or are soon to be vacant, foreclosed, or are subject to foreclosure proceedings, have an adverse and deleterious impact on the vitality and livability of the areas in which they are located and on the general well-being of the City and its residents under RCW 35.80.010; and WHEREAS, the City Council is aware of multiple Properties within the City of Liberty Lake, which are owned and/or controlled by entities and/or individuals who may or have been reluctant to voluntarily incur the cost and expense of adequately maintaining the Properties to the standard found in the areas surrounding such Properties; and WHEREAS, the City Council believes it necessary that certain registration and maintenance requirements be imposed on the owners and lenders of these Properties in order to minimize, if not eliminate, some of the adverse effects these Properties have on the City and its residents; NOW, THEREFORE, the City Council of the City of Liberty Lake, Washington, do ordain as follows: Section 1. That a new Chapter 3 is added to Title 5 of the City of Liberty Lake Municipal Code, entitled “Vacant Property Registration Program”, is hereby adopted to read as follows: Title 5 Chapter 3 Vacant Property Registration Program A. Purpose. It is the purpose and intent of this chapter to establish a vacant or abandoned property registration program in order to protect the community from becoming blighted as a result of abandoned Properties that are not properly secured and maintained. This chapter requires the lender or other responsible parties of Properties that have been abandoned to register those Properties with the City as set forth in this chapter. B. Definitions. As used in this chapter, the following terms have the meanings indicated unless the context clearly indicates otherwise: 1. “Abandoned Property" means a property that is vacant and (a) is under a current notice of default and/or notice of trustee’s sale; (b) is the subject of a pending tax assessor’s lien sale; (c) has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; (d) has been transferred under a deed in lieu of foreclosure/sale, or (e) is subject to a contract forfeiture. Property acquired by Spokane County at a tax foreclosure sale under RCW 84.64 is not to be included within the definition of "Abandoned Property". 2. "Evidence of vacancy" means any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant and not occupied by authorized persons. Such conditions include, but are not limited to, overgrown and/or dead vegetation; accumulation of newspapers, circulars, flyers and/or mail; past due utility notices and/or disconnected utilities; accumulation of trash, junk, and/or debris; statements by neighbors, passersby, delivery agents, or government employees that the property is vacant; and for residential properties, the absence of window coverings such as curtains, blinds, and/or shutters; the absence of furnishings and/or personal items consistent with residential habitation. 3. "Lender" means any person who makes, extends, or holds a real estate loan agreement and includes, but is not limited to, mortgagees; beneficiaries under deeds of trust; underwriters under deeds of trust; vendors under conditional land sales contracts; trustees and a successor in interest to any mortgagee, beneficiary, vendor or trustee and any other lien holder on the property. The term also includes any mortgagee, beneficiary or trustee that accepts a deed in lieu of foreclosure. 4. "Owner" means any natural person, partnership, association, corporation or other entity having legal title in real property including any borrower. 5. "Property" means any unimproved or improved, residential or commercial real property, or portion thereof, situated in the City of Liberty Lake, and includes the buildings or structures located on the property regardless of condition. 6. "Responsible party" means any person, partnership, association, corporation, or fiduciary having legal or equitable title to or any interest in any real property, including but not limited to an owner, borrower, and lender as defined in this section. C. Registration of Abandoned / Vacant Properties. The lenders or other responsible parties of real property which has been abandoned shall register that property with the City of Liberty Lake Planning & Building Services within thirty (30) days of the property becoming abandoned or of receiving notice from the City of the requirements of this chapter. The content of the registration shall include: 1. Proof of ownership, or financial interest, such as a lien or loan, 2. The name and contact information of the owner, lender or responsible party or the agent of the respective entity;  3. The name and contact information for the local property manager responsible for maintaining the property; and 4. Documentation which demonstrates the property is vacant, foreclosed, pending foreclosure, or subject to foreclosure, trustee’s sale, tax assessor’s lien sale or other legal proceedings. The City shall also be notified of any changes to the registration information, if the property is transferred and/or if the property becomes legally occupied, within fourteen (14) days of such transfer and/or occupancy. D. Minimum Property Maintenance Requirements. The lender or responsible party shall be required to: 1. Maintain and keep properties free of conditions including, but not limited to: a. weeds, dry brush, dead vegetation, trash, junk, debris, building materials and junk vehicles; b. accumulation of newspapers, circulars, flyers, notices (except those required by federal, state, or local law), and discarded personal items including, but not limited to, furniture, clothing, or large and small appliances, and c. graffiti, tagging, or similar markings by removal or painting over with an exterior grade paint that matches and/or coordinates with the color of the exterior of the structure; 2. Secure ponds, pools and hot tubs and ensure that they do not become a public nuisance; 3. Secure the property to prevent access by unauthorized persons, including, but not limited to, the following: the closure and locking of windows, doors (walk-through, sliding and garage), gates, and any other opening of such size that it may allow a child or any other person to access the interior of the property and or structure(s). Securing also includes boarding as applicable. Material used for boarding shall be painted with an exterior grade paint that matches and/or coordinates with the color of the exterior of the structure; 4. Take any other action necessary to prevent giving the appearance that the property is abandoned, 5. Post the property with the name and twenty-four (24) hour contact phone number of the local property manager as follows: “THIS PROPERTY IS MANAGED BY [insert name], TO REPORT PROBLEMS OR CONCERNS, PLEASE CALL [insert phone number]” The posting shall be no less than eighteen (18) inches by twenty-four (24) inches and shall be of a font that is legible from a distance of at least forty-five (45) feet. The posting shall be placed on the interior of a window to the front of the property (facing the street) so it is visible from the street, or secured to the exterior of the building / structure to the front of the property (facing the street) so it is visible from the street, or, if no such area exists, on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exterior posting must be constructed of, and printed with, weather resistant materials;  6. Monitor property as necessary to prevent the creation of a nuisance; and 7. Comply with other applicable portions of the City Property Maintenance Standards (City Development Code Article 10-3I), the City weed and vegetation control requirements (City Municipal Code Title 5, Chapter 2), and the City Building Regulations (City Municipal Code Title 9), as amended. E. City Monitoring of Property. Upon registration, the City will provide regular monitoring of the property including, but not limited to, periodic site visitation, which will not exceed the City’s rights of access as well as notification to lender or responsible party if the property begins to exhibit characteristics established in RCW 35.80.010 or this chapter. The City’s monitoring of the property does not relieve the lender or other responsible party from monitoring the property under subsection D. F. Waiver for City to Abatement – Trespass of Unauthorized Individuals. As part of the property registration, the lender or responsible party may waive any objection to the City to enter onto the property for purposes of abating a condition that would constitute an unfit or substandard building as established in RCW 35.80.010 or this chapter. The cost of the abatement shall be charged against the property pursuant to City Development Code Article 10- 1D (Enforcement), City Municipal Code Title 5, Chapter 2 (Weeds and Vegetation Control), City Municipal Code Title 9 (Building Regulations), and/or City Municipal Code Title 6, Chapter 7 for Chronic Nuisance Properties, as applicable or amended. The City shall notify the owner, lender or responsible party at least seven (7) days prior to the City taking abatement action in order to allow the owner, lender or responsible party to abate the condition first unless such abatement constitutes an emergency and must be abated immediately. The lender or responsible party shall provide written authorization to the police department to issue a trespass order against any unauthorized individual from the property. G. Local Property Manager/Agent. The lender or responsible party shall provide the City with the name and contact information of the local property manager or agent who has the authority to act and respond to complaints regarding the property and to remedy any substandard or unfit conditions found on the property. H. Annual Abandoned / Vacant Property Registration Fee. The lender or responsible party shall pay an annual abandoned property registration fee as may be established, and amended, by the City Council. I. Policies and Procedures. The City may develop policies to implement the procedures set forth above, which are consistent with and do not conflict with the provisions of this chapter, the City of Liberty Lake Municipal Code, or the Revised Code of Washington. J. Violation Any person, firm or entity who fails to register an abandoned property pursuant to this chapter shall be subject to a class 1 civil infraction pursuant to RCW chapter 7.80. Each day shall constitute a separate violation. Any owner, lender or responsible party who fails to maintain the property shall be in violation of this chapter and subject to any and all available remedies, including but not limited to, those set forth in this chapter and at law. Section 2. Administrative Code Interpretations Authorized. In the event of any question or uncertainty regarding the applicability of this Ordinance, the City Administrator or his/her designee is hereby authorized to make such administrative code interpretations as may be necessary to implement this Ordinance. Section 3. 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 4. 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 Introduction of Upcoming Agenda Items  DRAFT CITY COUNCIL ADVANCED AGENDAS For Planning Discussion Purposes Only As of March 15, 2017 Please note: This is a work in progress; items are tentative April 4, 2017 DUE Wed, March 29 1. PRESENTATIONS: Sheila Collins RE: HB 1535. 2. Consent Agenda (minutes, vouchers) 3. General business - Approve Change Order for reconstruction of Country Vista from Liberty Lake Road to Mission Ave 4. SECOND READ ORDINANCE – Amending the 2017 Budget April 18, 2017 DUE Wed, March 29 1. PRESENTATIONS: - Results of Emergency Preparedness Drill Plan – Scout Troop #325 (Larry Rider) - Lions Club dedication of 2 benches in the Sensory Garden in honor of Keith Warrenburg and Eugene Diminico (Wendy Van Orman) - First quarter reports: LLML & City’s financial 2. PROCLAMATION: Lemonade Day 3. Consent Agenda (minutes, vouchers) 4. General business - Arborist On Call Agreement ************* TENTATIVE ITEMS: 1. Service contract with Ptera for phones and cameras 2. RESOLUTION – Update to the Financial Policy 3. On-call arborist contract 4. Ordinance No. 236. 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. WM Donation Presentation / Clean Green Event follow-up (5/2) 6. PRESENTATION: Municipal City Flag (Present April / May (?), CC confirmation in June /July) 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. Award consultant contract for Harvard Bridge Revision (6/15) 11. Award bid for signals @ Madsen/Signal (potentially 10/17, pending successful funding) 12. Harvard Bridge Revision conceptual design presentation to Council (11/7) 13. Acknowledgement of Brian Cuda for his donation of time & expertise in helping the City to stream CC meetings. 14. Award bid for Professional Services Agreement for Transportation Projects