City Council

CITY COUNCIL MEETING TUESDAY, MAY 2, 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. PROCLAMATION – LEMONADE DAY 8. FIRST QUARTER REPORT – Liberty Lake Municipal Library, Pamela Mogen, Library Director 9. MAYOR AND CITY COUNCIL COMMITTEE REPORTS  Community Development Committee  Finance Committee  Public Safety Committee 10. CITY ADMINISTRATOR REPORT 11. ACTION ITEMS A. Consent Agenda i. Approve April 11, 2017 City Council Minutes ii. Approve May 2, 2017 vouchers in the amount of $84,730.34 B. General Business i. Authorize the Mayor to approve and sign the Cooperation Agreement for Community Development Block Grant and Related Funds ii. Confirm Ralph Williams’ reappointment to serve as the City’s representative on the Housing and Community Development Advisory Committee iii. Approve the Memorandum of Understanding with Spokane Police Department iv. Approve the On Call Landscaping Agreement with Greenleaf Landscaping, Inc., and authorize the Mayor to sign/execute the Agreement v. Approve the On Call Arborist Agreement with Greenleaf Landscaping, Inc., and authorize the Mayor to sign/execute the 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. FIRST READ ORDINANCE Ordinance No. 240 – Ballot proposition for a community center Discussion  City Council  Public Comments 13. INTRODUCTION OF UPCOMING AGENDA ITEMS 14. CITIZEN COMMENTS 15. 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. PROCLAMATION  PROCLAMATION CITY OF LIBERTY LAKE, WASHINGTON A PROCLAMATION OF THE CITY OF LIBERTY LAKE, WASHINGTON DECLARING MAY 20TH AS LEMONADE DAY IN THE GREATER SPOKANE VALLEY WHEREAS, Lemonade Day is a free, community-wide educational event providing children with the opportunity to learn and apply entrepreneurial thinking and create a foundation for success in the global economy; and, WHEREAS, Lemonade Day exists to infuse today’s youth with the spirit of enterprise, teaching the basic business and entrepreneurial skills necessary to become successful, contributing members of their communities; and WHEREAS, Lemonade Day has a core philosophy of Spend, Save, and Share that is implemented by teaching children how to start, own and operate a business, learn goal- setting, develop a business plan, establish a budget, seek investors, provide customer service and give back to the community; and WHEREAS, Lemonade Day offers opportunities for families, businesses, schools, youth organizations, faith-based communities, neighborhoods, institutes of higher learning, and government agencies to unite for a common purpose – to train the next generation of entrepreneurs; and WHEREAS, Lemonade Day is an event that demonstrates to young people of Liberty Lake that they are important and citizens care about their future; and The City of Liberty Lake salutes and commends the Greater Spokane Valley Chamber of Commerce, volunteers, participants and young entrepreneurs of Lemonade Day, a program that advances life skills, character, and entrepreneurship. Lemonade Day fuels two of the chamber’s Big 5 initiatives, Greater Learning and Greater Vision . NOW, THEREFORE, BE IT RESOLVED that I, Steve Peterson, Mayor of the City of Liberty Lake, Washington, do hereby proclaim the May 20, 2017 as “LEMONADE DAY IN THE GREATER SPOKANE VALLEY” Given under my hand and seal as Mayor of the City of Liberty Lake, Washington this 2nd day of May, 2017 _________________________ Steve Peterson, Mayor REPORT  2017 FIRST QUARTER REPORT SNAPSHOT Items deleted: 2,065 Items added: 596 Highlights of 1st Quarter I. General Statistics Adult Non-Res 1,657 CIN Holdings available to LLML Patron Visits 18,158 Minor 1,078 patrons: 582,718  STCU Finance Class Check outs 33,748 Minor Non-Res 419 Reciprocal Borrowing Privileges at  Adult Crafts Classes begin Electronic 4,398 Homebound 17 Spokane County Library District Circulation 53,335 Business 13  Kids Code Club begins ILL 43 Total cards 5,814 V. Fines/Fees : $4,051  Early Literacy classes now 4X Computer check out 809 *Staff & other cards not shown each week Loaned to CIN 3,893 New Cards 274 Library Board 2017 Borrowed from CIN 2,968  Nerf Wars continue II. Programs  Lu Embrey IV. Holdings Attendance 1,022 Physical items 28,767  Tricia Morgan  STEM-tacular Thursdays Digital items 73,439  Mindy Howe III. Patrons *  Totally Untidy Toddlers draws Adult 2,636 72% of collection is digital  Carol Johns over 100  Pat Lutzenburger  Family Craft Classes begin, Circulation Department Coming soon: must be offered 2X to meet demand Inventory completed March 16th.  EBSCO Discover: New ser- Adult Department All items accounted for. vice acquired by CIN that  Winter Reading Program, all will search LLM Library’s New craft classes for adults and ages: 1,412 books read!  Most Wanted Collection de- databases and purchased another for familes have buts: ebooks stored online as well touched a need in LL. Classes  Family Movie Night every are full and some must be of- Selected bestseller titles in month Youth Department fered twice to meet demand. book and audio form ac-  Friends’ Valentine Basket quired through a rental The new Most Wanted Collec- Because of the great popularity of Auction raises $580 program with up to a year tion, which gives our residents last fall’s monthly Move & Grove availability to Liberty Lake first crack at bestselling titles in  Friends of the Library pur- storytime, it is now offered every Library users only. Titles book & audio form, is now well chase 3D Printer, classes to Monday morning. are available on a first- stocked and circulates briskly. begin in April come-first-served basis, no Kids Code Club, a weekly class on This year-long  Linda Dockrey retires from holds, for a 2 week loan, no learning to write computer code experiment in renting best- Library Board after 10 years renewals. for upper elementary school-aged sellers will be evaluated in of service children, is so popular the kids December for patron satisfac-  Library management soft- arrive 1/2 hr ahead of time. This tion.  Liberty Lake resident Mindy ware updated in April offer class is a result of our Hour of Howe appointed to Library patrons and staff greater Code program in December. Board functionality Untidy Toddlers was over suc-  New service: Most Wanted cessful, attracting more partici- Collection pants (120) than the library or the parking lot could contain.  2017 FIRST QUARTER REPORT LIBERTY LAKE MUNICIPAL LIBRARY MISSION STATEMENT The Liberty Lake Municipal Library enriches and advances the intellectual, cultural, and creative vitality of our extended commu- nity by establishing and maintaining avenues to information resources that support those interests, delivering them with personal service in a fast, courteous, and knowledgeable manner. LIBRAY BOARD STRATEGIC PLAN: RATIONALE 1. Global changes have local impact: the effects of technology on how people get information, process it, and use it in their daily lives is having a tremendous impact on educational facilities at all levels. Our mission to the Liberty Lake community requires that the library board and staff relate this impact to library space, resources, and services. 2. Local communities are on the front lines of these changes. Changes in technology and population size require a change in level of service and a re-organization of library facilities to meet the need for flexible community space and new technologi- cal infrastructure that is shared by libraries and other city facilities that sponsor or provide community activities 3. Change requires choices for the future made at the Council level in consultation/partnership with the Board of Trustees and Library Director 4. Change requires the choosing of a preferred direction that results in pro-active planning In keeping with the mission of Liberty Lake Municipal Library, the Board of Trustees endorse and recommend the under- taking of a strategic planning campaign in the community during 2017. Research for improvement of our services will be con- ducted in the following areas: Early Literacy: The 2014 WA legislature passed the Early Start Act in response to results of brain research identifying prenatal to age three as a critical time in a child’s brain development. Early literacy strategies and opportunities at libraries are important sources for helping all children to be ready for Kindergarten. Over 10% of Liberty Lake children are under 6 years of age. Of these, less than 15% are enrolled in nursery school or preschool. How might our early literacy classes improve the opportunities for school success of all our children? Digital Literacy: 22% of the youth in Liberty Lake are between the ages of 5 and 19 and 14% of our population are over 62. These two groups represent those most challenged by the need for digital literacy. The library is equipped with the hardware, software, and exper- tise to introduce children to digital literacy and provide a place to learn and practice outside of the school day. Many of our citizens over 65 missed the digital revolution and need help catching up. The library is the only place that free instruction and use of equipment is avail- able 6 days a week. How can the library improve our local level of digital literacy? Education: Resources for self-education and support of formal education have been library mainstays but the opportunities have in- creased substantially with the technology revolution and the new forms in which knowledge is transmitted. In hand with technology has come a change from the lone scholar in a corner to collaborative learning in small, often informal groups of two to four or more grouped around a computer monitor or white board. Education is also a by-product of creation and explains the rise of “makerspace” in libraries where the lone patron and groups learn as they create. Where does our community wish us to venture in our offerings? Civic & Cultural Engagement: We know that the library is “the heart of the community” because of the variety and number of our patrons. But there is little space available for community engagement (11 chairs for teens & adults) and limited meeting space (39 in the meeting room). We exceed that limit with most of our programs & classes. Do these limits impede our ability to offer the level of civic and cultural opportunities of significant interest to a community such as ours? U.S. Census Bureau. American FactFinder, AreaVibes.com, Towncharts.com  City Council Subcommittee Agendas From: Amanda Tainio To: Andrew Staples; Jennifer Camp; Jessica McGuire; Katy Allen; Robert Moore; Shane Brickner; Stan Jochim Cc: Ann Swenson; Odin Langford; Steve Peterson Subject: 4-25 Community Development Committee 12pm Start: Tuesday, April 25, 2017 12:00:00 PM End: Tuesday, April 25, 2017 2:00:00 PM Location: City Hall conference Room Below is your agenda for the April 25th Community Development Committee meeting. If there is anything you would like to add for discussion at future meetings, please email me and I would be happy to add it. If you will not be able to make it, please contact Odin and let Katy or I know. Thanks, Amanda Tainio City of Liberty Lake Planning & Building Services Manager 22710 E. Country Vista Dr. Liberty Lake, WA 99019 Phone: 509-755-6708 Fax: 509-755-6713 HYPERLINK "mailto:atainio@libertylakewa.gov" atainio@libertylakewa.gov HYPERLINK "http://www.libertylakewa.gov/" www.libertylakewa.gov/ April 25th Meeting Agenda City Council Proposed Agenda Overviews Event Calendar Update City Project Updates Mission Ave. Trail Orchard Park Land Transfer Update Next Meeting – May 23rd @ Noon Future Meetings Parks, Recreation, & Public Art Commission Event Calendar Update Planning & Building Services Activity Update City Project Updates New Business Updates Grant Application Updates Orchard Park Land Transfer  Finance Committee Meeting Agenda – City Hall Conference Room May 2, 2017 6:00 PM to 7:00 PM I. Legislative Update a. Bills b. House & Senate Budget st II. 1 Quarter Report III. April Monthly Dashboard IV. Investments V. LIFT Annual Report VI. Business Directory VII. Personnel Manual Update VIII. Voucher Review  Public Safety Committee Agenda May 2nd, 2017 5:30 – 6:30 LLPD Small Conference Room Library Report Pamela Mogen SVFD Report Chief Bryan Collins LLPD Report Chief Brian Asmus Special Olympics Washington LLPD recognition CIAW Board of Director’s Annual Retreat Starting Union Negotiations on Health Care Opener MOU with SPD for records (Half Time Person) Reserve Officer Update Officer Holthaus Update Officer Jordan Bowman (anticipated start date of May 8th) AXON Body Camera 2 system has arrived/implementation Surplus Patrol Car delivered to WSCJTC for recruit training Cruising with the Cops event to honor Sgt. Gibson and benefit SOWA Behind the Badge Foundation (Officer Suicide Focus) New FBI SAC meeting on 4/26 Unfinished Business New Business Adjourn ACTION ITEMS  City of Liberty Lake Consent Agenda for May 2, 2017 City Council Meeting Report from the Mayor for pending claims and payment of previously‐approved obligations through May 2, 2017 Payee Description Amount See attached voucher report. Total vouchers through May 2, 2017 $ 84,730.34 TOTAL $84,730.34 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.: 11Bi BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: May 2nd, 2017 Cooperation Agreement with Spokane County CDBG (Community Development Block Grant) DEPT. OF ORIGIN: Administrative Services EXHIBIT: DEPT. HEAD APPROVAL: A – CDBG Letter and Agreement EXPENDITURE REQUIRED: No BUDGETED: Not Applicable SUMMARY STATEMENT City of Liberty Lake had been a member of the Spokane County Urban Consortium since 2009. The City desires to continue its membership with the Consortium. Included with the agreement is a report on the funding that citizens of Liberty Lake have received from CDBG. RECOMMENDED ACTION 1. Authorize the Mayor to approve and sign the Cooperation Agreement for Community Development Block Grant and Related Funds.  AGENDA ITEM NO.: 11Biii BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: MOU with Spokane Police FOR THE AGENDA OF: May 2, 2017 DEPT. OF ORIGIN: Police EXHIBIT: MOU DEPT. HEAD APPROVAL: Chief Brian Asmus EXPENDITURE REQUIRED: YES BUDGETED: YES SUMMARY STATEMENT The City of Spokane Police Department records division has requested assistance from Liberty Lake Police Department in implementing a new records management system. The LLPD records clerk is considered a subject matter expert in the new regional records management system. Since the system is regional and multiple agencies are users of the system, it is important as a region that the implementation goes well. SPD has requested that LLPD records clerk assist them in the implementation. To do so, we are considering entering into a memorandum of understanding with SPD to allow our records clerk to work 20 hours a week at LLPD and 20+ hours a week at SPD. SPD will reimburse the City of Liberty Lake for the time and benefits for the use of our records clerk as outlined in the MOU. It is anticipated that the MOU will be for a six month period. LLPD would like to hire a halftime person to fill the 20 hours that our records clerk will be at SPD. This position will be temporary and only filled until the MOU expires. The MOU has been reviewed by our city attorney. RECOMMENDED ACTION Staff recommendation is to approve the Memorandum of Understanding with Spokane Police Department.  THIS MEMORANDUM OF UNDERSTANDING, made and entered into by and between the Spokane Police Department, a division of the City of Spokane, a municipal corporation of the State of Washington, having offices for the transaction of business at West 1100 Mallon Avenue Spokane, Washington 99260, and the Liberty Lake Police Department, a division of the City of Liberty Lake, a municipal corporation of the State of Washington, having offices for the transaction of business at 23127 East Mission Avenue, Liberty Lake, Washington, and jointly referred hereinafter as the “PARTIES”. Now therefore, the SPD and LLPD agree as follows: SECTION NO. 1: RECITALS AND FINDINGS (a) This MOU is authorized for use by the PARTIES under the Washington State Interlocal Cooperation Act (RCW 39.34); and (b) Certain Personal Services specifically needed by the Agency identified as SPD for the organization and evaluation of internal department functionalities, and the neighboring Agency of the LLPD can provide the necessary assistance authorized by RCW 39.34. SECTION NO. 2: DEFINITIONS (a) Agreement: “Agreement” means this Interlocal Agreement (ILA) and also memorialized more simply as a Memorandum of Understanding (MOU) between the LLPD and SPD regarding the services provided for the reorganization of the workflow and structure of the SPD Regional Records Department specializing in Incident Based Reporting best practices. (b) LLPD: “LLPD” means the Liberty Lake Police Department of Liberty Lake, WA (c) SPD: “SPD” means the City of Spokane Police Department (SPD) of Spokane, WA (d) Records: “Records” means the Records Division of the Spokane Police Department that oversees all records related to police response for select agencies in the Tyler New World implementation. (e) IBR: “IBR” means Incident Based Reporting which is the federal standard for police report submissions for crime reporting metrics. SECTION NO. 3: PURPOSE The purpose of this MOU is to reduce to writing the “PARTIES” understandings as to their respective financial obligations for services rendered related to: (1) Records Department Workflow Assessment – LLPD anticipates, initially, the need for twenty (20) to thirty (30) hours per week at SPD to address/evaluate all workflow aspects of records, and construct changes for employee operations, management and policy enforcement of new business practices. This will ensure all aspects of the services rendered are tuned to make sure IBR best practices and efficiencies are embedded. Certain areas may also need immediate remedy (IBR, warrants, merging with errors, incident reports/docs, Sector citations), which may be unknown, and require additional dedicated time to develop procedures that will ensure operations run as smoothly as possible for all PARTIES in the future. 1  (2) Compensation – Total compensation for LLPD’s services under this MOU shall be for a maximum amount not to exceed forty nine thousand dollars ($49,000.00), plus applicable taxes unless modified by the PARTIES in a written amendment to this MOU. This is the maximum amount to be paid under this MOU for the work described in this Section 3, and shall not be exceeded without the prior written authorization of the City in the form of an executed amendment to this MOU. The rate of billing shall be as follows: A. Twenty (20) hours per week to be performed for SPD at an hourly rate of $38.00 per hour payable to the City of Liberty Lake by the City of Spokane. B. Ten (10) hours minimum per week in allowable overtime to be performed for SPD at the applicable overtime rate of $57.00 per hour payable to the City of Liberty Lake by the City of Spokane. C. In addition to the hourly rates listed above, a flat rate of $15.45 per hour will be added to each hour worked for SPD for the purpose of covering the costs of the benefits incurred by the LLPD Records Clerk. This will be payable to the City of Liberty Lake by the City of Spokane. The SPD shall pay the LLPD on a reimbursable basis, accompanied by receipts for allowable expenses and the provisions of all necessary supporting financial documentations. The City of Liberty Lake shall submit an invoice for payment to the City of Spokane Police Department, Administration Office, West 1100 Mallon Avenue Spokane, Washington, 99201. Payment shall be made within thirty (30) days after receipt of the invoice as provided by state law. If the City of Spokane Police Department objects to all or any portion of the invoice, it shall immediately notify the City of Liberty Lake and reserves the right to only pay that portion of the invoice not in dispute. In that event, the PARTIES shall immediately make every effort to settle the disputed amount. (3) Authority – This ILA authorizes the LLPD Records Clerk on special assignment at SPD to create and enforce, by delegation from SPD Command Staff, practices/processes throughout the records department in order to make effectual change. The LLPD Records Clerk on special assignment at SPD will document in written form, for SPD Command Staff approval and dissemination, new procedures/policies. (4) Evaluation – After the first ninety (90) days of this dated MOU, SPD and all Agencies participating in serviced rendered by the Records Department will assess the workflow and organization changes. Upon confirmation, additional ninety (90) day increments may be approved to extend this MOU until a maximum total of nine (9) months from the last signature dates of this MOU has been reached. (5) Collaboration – The Records reorganization effort will require access to other SPD units and staff, including but not limited to: Patrol, Investigations, Crime Analysis and Command Staff for input on procedures for reports possibly changing based upon IBR submissions and further analysis. 2 SECTION NO. 4: DURATION/WITHDRAWAL This MOU shall commence on execution by SPD of an agreement with LLPD and run for a term of a maximum of nine (9) months. A three (3) month period shall be referred to as the (“Initial Term”). Upon successful completion of the Initial Term, this MOU may be renewed upon mutual agreement of the PARTIES up to the maximum term allotted under this MOU of nine (9) months. All Renewals/Extensions shall be subject to all terms and conditions set forth herein, and mutual agreement of the PARTIES, memorialized with the same formality as this MOU. This MOU may not be terminated during the Initial Term; except upon mutual agreement of the PARTIES. Subsequent to the Initial Term, either party may terminate this MOU for any reason whatsoever, upon a minimum of two (2) weeks advanced written notice to the other party. SECTION NO. 5: NOTICE All notices or other communications given hereunder shall be deemed given on: (i) the day such notices or other communications are received when sent by personal delivery; or (ii) the third (3rd) day following the day on which the same have been mailed by first (1st) class delivery, postage prepaid to SPD or LLPD at the address set forth below for the PARTIES, or at such other address as either party shall from time- to-time designate by advanced notice in writing to the other party: SPD: Major Eric Olson 1100 West Mallon Avenue Spokane, WA 99260 LLPD: Chief Brian Asmus 23127 East Mission Liberty Lake, WA 99019 SECTION NO. 6: RECORDS REVIEW The SPD shall maintain for a minimum of six (6) years, any records with respect to the subject matter of this MOU. The LLPD shall be allowed to conduct random reviews, during reasonable business hours of the records generated by SPD in the performance of this MOU. The LLPD will provide the SPD with reasonable advance notice of such record(s) reviews. The PARTIES agree that they will make best efforts to achieve a resolution of any potential records confidentiality issues, including entering into confidentiality agreements or other similar mechanisms that will allow disclosure of the necessary information to accurately conduct a records review, or per state law, federal law, or judgment or court order by the appropriate jurisdictional governing authority over the contents and subject matter of this MOU. SECTION NO. 7: COUNTERPARTS This MOU may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. 3 SECTION NO. 8: ASSIGNMENT No party may assign in whole or part its interest in this MOU without the prior written approval of the other party. SECTION NO. 9: LIABILITY SPD shall indemnify, defend and hold harmless the LLPD, its officers and employees from all claims, demands, or suits in law or equity arising from SPD’s intentional or negligent acts or breach of its obligations under the MOU. SPD’s duty to indemnify shall not apply to loss or liability caused by the intentional acts of LLPD, its officers and employees. Reciprocally LLPD shall indemnify, defend and hold harmless, SPD its officers and employees from all claims, demands, or suits in law or equity arising from LLPD’s intentional or negligent acts or breach of its obligations under the MOU. LLPD’s duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of SPD, its officers and employees. If the comparative negligence of the PARTIES and their officers and employees is a cause of such damage or injury, the liability, loss, cost or expense shall be shared between the PARTIES in proportion to their relative degree of negligence and the right(s) of indemnity, and/or any other legal right shall apply to such proportion. Where an officer or employee of a party is acting under the direction and control of the other party, the party directing and controlling the officer or employee in the activity and/or omission given rise to liability shall accept all liability for the other party’s officer or employee’s negligence. Each party’s duty to indemnify shall survive the termination or expiration of the MOU. Each party waives, with respect to the other party only, its immunity under RCW Title 51, Industrial Insurance and only as necessary to make this indemnity provision enforceable with respect to claims relating to the death or injury of LLPD and/or SPD employees acting within the scope of this MOU. The PARTIES have specifically negotiated this provision in accordance with laws of the State of Washington. __________________________ _________________________ SPD initials LLPD initials SECTION NO. 10: RELATIONSHIP OF THE PARTIES LLPD is interested only in the results to be achieved by the rendering of the services hereunder, and further the right to control the particular manner, method and means in which SPD meets its responsibilities is solely within the discretion of SPD. Any and all employees who provide services to LLPD under this MOU shall be deemed employees solely of SPD. SPD shall be solely responsible for the conduct and action of all employees under this MOU, and any liability that may attach thereto. 4 Likewise, no agent, employee, servant or representative of LLPD shall be deemed to be an employee, agent, servant or representative of SPD for any purpose. SECTION NO. 11: MODIFICATION This MOU may be modified in writing by mutual written agreement of the PARTIES. Modification may include participation by additional parties not covered by the present MOU. SECTION NO. 12: PROPERTY AND EQUIPMENT The ownership of all property, equipment, source codes, and software for all cost items shall remain with SPD unless otherwise specifically and mutually agreed to by the PARTIES in advance. SECTION NO. 13: ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT This MOU contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this MOU. No changes or additions to this MOU shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES, and with the same formality as this MOU. SPD and LLPD were each represented by their own attorney in the drafting of this MOU, and each relied upon the advice of their own attorney. This MOU was fully negotiated and the terms herein were either accepted by, or independently drafted or revised by SPD and LLPD. Accordingly, this MOU shall not be construed against the drafting party which undertook the principal preparation, but shall be construed as if both SPD and LLPD jointly prepared this MOU, and any ambiguity contained herein, shall not be interpreted against any party. This MOU shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 14: DISPUTE RESOLUTION Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to arbitration. Such dispute shall first be reduced to writing. If the SPD CEO and the LLPD Administrator cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7.04 RCW shall be applicable to any arbitration proceeding. SPD and LLPD shall have the right to designate one (1) person each to act as an arbitrator. The two (2) selected arbitrators shall then jointly select a third (3rd) arbitrator. The decision of the arbitration panel shall be binding on the PARTIES, and shall be subject to judicial review as provided for in chapter 7.04A RCW. The costs of the arbitration panel shall be equally split between the disputing PARTIES. 5 SECTION NO. 15: VENUE STIPULATION This MOU has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this MOU shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this MOU, or any provision hereto, shall be instituted only in court of competent jurisdiction within Spokane County Washington. SECTION NO. 16: SEVERABILITY The PARTIES agree that if any parts, terms or provisions of this MOU are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the MOU. If it should appear that any part, term, or provision of this MOU is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this MOU shall be deemed to modify to conform to such statutory provision. SECTION NO. 17: HEADINGS The section headings appearing in this MOU have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 18: TIME OF ESSENCE OF MOU Time is of the essence of this MOU and in case either party fails to perform the obligations on its part to be performed at the time fixed for the performance of the respective obligation by the terms of this MOU, the other party may, at its election, hold the other party liable for all costs and damages caused by such delay. SECTION NO. 19: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY A delay or interruption in or failure of performance of all or any part of this MOU resulting from uncontrollable circumstances shall be deemed not a default under this MOU. A delay or interruption in or failure of performance of all or any part of this MOU resulting from any change in or new law, order, rule or regulation of any nature which renders providing of services in accordance with the terms of this MOU legally impossible, and any other circumstances beyond the control of the SPD which render leally impossible the performance by the SPD of its obligations under this MOU, shall be deemed not a default under this MOU. 6 SECTION NO. 20: FILING The LLPD shall file this MOU with its LLPD clerk or alternatively place the MOU on the LLPD’s website. The SPD shall file this MOU with the SPD auditor, or, alternatively, place the MOU on the SPD’s website or other electronically retrievable public source. SECTION NO. 21: EXECUTION AND APPROVAL The PARTIES warrant that the officers executing below have been duly authorized to act for and on behalf of the party for the purposes of confirming this MOU. SECTION NO. 22: COMPLIANCE WITH LAWS The PARTIES shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this MOU. SECTION NO. 23: DISCLAIMER Except as otherwise provided, this MOU s hall not be construed in any manner that would limit either party’s authority or powers under law. SECTION NO. 24: ANTI-KICKBACK No officer or employee of the LLPD, having the power or duty to perform an official act or action related to this MOU shall have or acquire any interest in the MOU, or have solicited, accepted or granted a present or future gift, favor, or other thing of value from or to any person involved in the MOU. SECTION NO. 25: NON-DISCRIMINATION No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this MOU because of age, sex, race, color, religion, creed, marital status, familial status, sexual orientation including gender expression or gender identity, national origin, honorably discharged veteran or military status, the presence of any sensory, mental or physical disability, or use of a service animal by a person with disabilities. SECTION NO. 26: NO THIRD PARTY BENEFICIARIES Nothing in this MOU is intended to give, or shall give, whether directly or indirectly, any benefit or right, greater than that enjoyed by the general public, to third persons. 7 SECTION NO. 27: INSURANCE During the term of the MOU, the SPD shall maintain in force at its own expense, each insurance noted below: A. Worker’s Compensation Insurance in compliance with RCW 51.12.020, which requires subject employers to provide worker’s compensation coverage for all their subject workers and Employer’s Liability or Stop Gap Insurance in the amount of $1,000,000. B. General Liability Insurance on an occurrence basis, with a combined single limits of not less than $10,000,000 each occurrence for bodily injury and property damage. It shall include contractual liability coverage for the indemnity provided under this MOU. It shall provide that the LLPD, its officers and employees are additional insureds but only with respect to the SPD’s services to be provided under this MOU; C. Automobile Liability Insurance with a combined single limit, or the equivalent of not less than $15,000,000 each accident for bodily injury and property damage, including coverage for owned, hired and non-owned vehicles; and D. Professional Liability Insurance with a combined single limit of not less than $5,000,000 each claim, incident or occurrence. This is to cover damages caused by the error, omission, or negligent acts related to the professional services to be provided under this MOU. The coverage must remain in effect for two (2) years after the MOU is completed. There shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverage(s) without thirty (30) days written notice from the SPD or its insurer(s) to the LLPD. SECTION NO. 28: RCW 39.34 REQUIRED CLAUSES A. PURPOSE: See section No. 3 above. B. DURATION: See section No. 4 above. C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: No new or separate legal or administrative entry is created to administer the provisions of this MOU. D. RESPONSIBILITIES OF THE PARTIES: See provisions above. E. MOU TO BE FILED: See section No. 20. F. FINANCING: Each party shall be responsible for the financing of its contractual obligations under its normal budgetary process. G. TERMINATION: See section No. 4 above. H. PROPERTY UPON TERMINATION: See section No. 12 above. 8 IN WITNESS WHEREOF, the PARTIES have caused this MOU to be executed on date and year opposite their respective signatures. City of Liberty Lake City of Spokane Police Department By: _________________________ By: _________________________ Signature/Date Signature/Date ____________________________ ____________________________ Type or Print Name Type or Print Name ____________________________ ____________________________ Title Title Attest: ____________________________ City Clerk Approved as to form: ____________________________ Sean P. Boutz, City Attorney 9  AGENDA ITEM NO.: 11Biv BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: Bid Award for On Call Landscaping FOR THE AGENDA OF: May 2, 2017 Agreement DEPT. HEAD APPROVAL: DEPT. OF ORIGIN: Public Works EXHIBIT: Bid Tabulation, Contract EXPENDITURE REQUIRED: Yes BUDGETED: Yes SUMMARY STATEMENT Bids were opened on 4-27-17 for the Liberty Lake On Call Landscaping Agreement after a solicitation to three qualified contractors on our small works roster. We received one bid. The On Call Agreement allows us to efficiently execute work by supplementing our City staff during the peak work times and for special projects. The low bid for the Landscaping On Call Agreement is Greenleaf Landscaping, Inc. The agreement is for three one-year terms, renewable at the end of each calendar year. This allows for the City and Contractor to mutually benefit from an established relationship. The agreement may be cancelled in writing at any time by either party with 60 days notice. The rates for work performed will be reviewed by the Financial Services and Public Works departments on an annual basis before the Agreement is renewed near the end of the calendar year. The work under this Agreement is subject to prevailing wage law. It is important to note that the Agreement does not guarantee a Contractor any amount of work, it sets up rates for labor, equipment and materials, and establishes guidelines for the working relationship between the City and Contractor. RECOMMENDED ACTION Staff recommends: 1. Approve the Agreement and authorize the Mayor to sign/execute the Agreement.  AGENDA ITEM NO.: 11Bv BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: Bid Award for On Call Arborist FOR THE AGENDA OF: May 2, 2017 Agreement DEPT. HEAD APPROVAL: DEPT. OF ORIGIN: Public Works EXHIBIT: Bid Tabulation, Contract EXPENDITURE REQUIRED: Yes BUDGETED: Yes SUMMARY STATEMENT Bids were opened on 4-27-17 for the Liberty Lake On Call Arborist Agreement after a public solicitation. We received one bid. The On Call Agreement allows us to efficiently execute work by supplementing our City staff during the peak work times and for special projects. The low bid for the On Call Arborist Agreement is Greenleaf Landscaping, Inc. The agreement is for three one-year terms, renewable at the end of each calendar year. This allows for the City and Contractor to mutually benefit from an established relationship. The agreement may be cancelled in writing at any time by either party with 60 days notice. The rates for work performed will be reviewed by the Financial Services and Public Works departments on an annual basis before the Agreement is renewed near the end of the calendar year. The work under this Agreement is subject to prevailing wage law. It is important to note that the Agreement does not guarantee a Contractor any amount of work; it sets up rates for labor, equipment and materials, and establishes guidelines for the working relationship between the City and Contractor. RECOMMENDED ACTION Staff recommends: 1. Approve the Agreement and authorize the Mayor to sign/execute the Agreement.  $14,150.00 This item not part Recalculated of bid Grand Total by ADS FIRST READ ORDINANCE  ORDINANCE NO. 240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIBERTY LAKE, SPOKANE COUNTY, WASHINGTON; DESCRIBING CONSTRUCTION OF A COMMUNITY CENTER INCLUDING A LIBRARY AND RELATED CITY FACILITIES; DECLARING THE ESTIMATED COST OF SUCH IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF $9,000,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS PAYABLE FROM AD VALOREM TAXES LEVIED AGAINST ALL THE TAXABLE PROPERTY WITHIN THE CITY; PROVIDING FOR THE SUBMISSION OF THE PROPOSITION OF INCURRING SUCH INDEBTEDNESS TO THE QUALIFIED ELECTORS AT A SPECIAL ELECTION TO BE HELD ON TUESDAY, AUGUST 1, 2017; PROVIDING FOR THE NOTICE OF SUCH ELECTION; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO CITY OF LIBERTY LAKE Spokane County, Washington UNLIMITED TAX GENERAL OBLIGATION BONDS PRINCIPAL AMOUNT OF $9,000,000 THE CITY COUNCIL OF THE CITY OF LIBERTY LAKE, SPOKANE COUNTY, WASHINGTON, DO ORDAIN as follows: WHEREAS, the City of Liberty Lake, Spokane County, Washington (the “City”), is a code city duly organized and existing under and by virtue of the Constitution and the laws of the state of Washington (the “State”) now in effect; WHEREAS, the City Council of the City (the “Council”) has determined that the development of a community center which includes a library adjacent to Town Square Park within the City is required to better serve the needs of the citizens of the City; WHEREAS, in order to provide funds to plan, acquire, design, construct, equip and install such capital improvements, the Council hereby deems it necessary and advisable that the City issue and sell its unlimited tax general obligation bonds in the principal amount of $9,000,000 (the “Bonds”) to pay the costs of the Project (as defined in Section 2 below), all pursuant to the provisions of chapters 35.22 and 39.46 RCW; WHEREAS, RCW 29A.04.330 requires that a special election be called for the submission of a proposition to the qualified electors within the City for their approval or rejection prior to incurring such bonded indebtedness; and WHEREAS, the City will notify the Spokane County Auditor, as ex officio Supervisor of Elections for the City, in compliance with chapters 29A.04 and 29A.40 RCW, of its intention to hold a special election on Tuesday, August 1, 2017, to submit the proposition of the issuance of the Bonds to the qualified electors of the City for their approval or rejection; 4810-8439-8407.3  NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED, as follows: Section 1: The Council hereby determines that the best interest of the residents of the City requires the planning, acquisition, design, construction and installation of certain capital improvements and betterments to its facilities, together with all necessary appurtenances, fixtures and furnishings therefore. Section 2: The proposed capital improvements (the “Project”) to be paid for with the Bond proceeds are as follows: (a) Construction of a community center which includes a library adjacent to Town Square Park; (b) Ancillary costs of engineering, architectural, construction management, attorneys’ fees, costs of bond issuance, permits, accounting costs, easements and any other expenses or consultant fees incidental thereto, together with all necessary appurtenances, fixtures and furnishings thereto. Such capital improvements and betterments described in Section 2 above, which do not include the replacement of equipment, are to be more fully described in the plans and specifications to be prepared by, or to cause to be prepared by, the City’s architects and engineers and to be filed with the City. Section 3: If, in the opinion of the Council, the needs of the City change in a manner that results in a circumstance wherein any portion of the above-referenced capital improvements is not required or in the best interests of the City, the Council retains the right not to acquire, construct and install such capital improvements and to reallocate the money originally contemplated therefore to other capital improvements to the City’s community center which includes a library deemed more necessary by the Council, or to deposit such money into the City’s Unlimited Tax General Obligation Bond Fund (the “Bond Fund”) to make debt service payments on the Bonds outstanding or to call and redeem a portion of the Bonds prior to maturity; provided, any change in use of Bond proceeds shall be in the form and manner required by law. Section 4: The total estimated cost of the capital improvements is hereby declared to be approximately $9,000,000 which shall be paid, if authorized and empowered by the three- fifths (3/5) majority approving vote of the qualified electors of the City, by the issuance and sale of the Bonds. Section 5: In the event the City has other legally available money or there are Bond proceeds (or interest earnings thereon) remaining after the capital improvements set forth in Section 2 above have been completed or duly provided for, the Council retains the right to make additional capital improvements to the community center which includes a library of the City as are deemed necessary and desirable by the Council, or to deposit such money into the City’s Bond Fund to make debt service payments on the Bonds outstanding or to call and redeem a portion of the Bonds prior to maturity. 1 4810-8439-8407.3  Section 6: In the event the Bond proceeds are insufficient to make all of the capital improvements set forth in Section 2 above, the City shall use the available money to pay the cost of such improvements set forth in Section 2 above deemed most necessary and to be in the best interest of the City by the Council. Section 7: The Bonds, if approved and issued, shall be sold in such amounts and at such time or times as deemed necessary and advisable by the Council all as permitted by law. The Bonds shall bear interest at such rate or rates not to exceed the maximum provided by law at the time they are sold. The Bonds shall mature in such amounts and at such time or times within a maximum term of 30 years from their date of issue but may mature at an earlier date or dates, as authorized by the Council and provided by law. The Bonds shall be unlimited tax general obligations of the City; and, unless paid from other sources, both principal thereof and interest thereon shall be payable out of annual property tax levies to be made upon all taxable property within the City without limitation as to rate or amount. The designation of the Bonds may be changed to reflect the actual date of issuance. The exact date, form, terms and maturities of the Bonds shall be hereafter fixed by ordinance of the Council. Section 8: A special election is hereby requested to be called, conducted and held within the City on Tuesday, August 1, 2017, for the purpose of submitting to the qualified electors of the City, for their approval or rejection, the City’s proposal to make the capital improvements specified in Section 2 above; to incur indebtedness; to issue the Bonds to finance such capital improvements; and to levy taxes in excess of the regular property tax levies to pay the principal of and interest on the Bonds. Section 9: The Spokane County Auditor is hereby authorized and directed to call and conduct the August 1, 2017, election pursuant to Engrossed Substitute Senate Bill 5124. Section 10: Pursuant to RCW 29A.36.071, as amended, the Spokane County Prosecuting Attorney is requested to prepare the concise description of the proposition for the ballot title substantially in the following form: PROPOSITION NO. 1 CITY OF LIBERTY LAKE TOWN SQUARE COMMUNITY CENTER INCLUDING A LIBRARY PROJECT GENERAL OBLIGATION BONDS - $9,000,000 The City Council of the City of Liberty Lake, adopted Ordinance No. 240, authorizing a proposition to fund the construction of a community center which includes a library. This proposition would authorize the City to construct a community center including a library adjacent to Town Square Park and other capital improvements; issue $9,000,000 of general obligation bonds maturing within 30 years; and levy annual excess property tax levies to pay such bonds, as provided in Ordinance No. 240. Should this proposition be: APPROVED: □ REJECTED: □ 2 4810-8439-8407.3  Section 11: Such election will be conducted by mail ballot. The procedures and forms to conduct such election by mail ballot shall be prescribed by the Spokane County Auditor in accordance with chapter 29A.40 RCW and chapter 434-250 WAC. Section 12: In the event the Project is approved pursuant to RCW 39.36.020 and Article VII, Section 2(b) of the State Constitution, there shall be levied and collected annual tax levies in an amount sufficient in each such year during the life of the Bonds, and until the full payment of both principal thereof and interest thereon, as will provide levy proceeds sufficient in amount to fully pay currently maturing installments of principal of and interest on the Bonds as such becomes due. Such tax levies will be in excess of the regular annual tax levies permitted by law. Section 13: The Spokane County Auditor shall prepare the notice of special election which shall be published at least once, which publication shall take place not more than 15 days nor less than five days prior to the mail-in registration deadline. Such publication shall be in a newspaper of general circulation within the City and in accordance with RCW 29A.52.355. Section 14: The City Clerk of the City is hereby directed to deliver a certified copy of this Ordinance to the Spokane County Auditor, as ex officio Supervisor of Elections for the City, no later than May 12, 2017. Section 15: Since May 12, 2017 is the deadline for filing an ordinance with the County Auditor calling for a special election on August 1, 2017, it is necessary that this Ordinance become effective immediately. Based upon such facts, an urgency and emergency is hereby declared to exist. Based upon such urgency and emergency, this Ordinance shall become effective upon its adoption. ADOPTED AND APPROVED by the City Council of the City of Liberty Lake, Spokane County, Washington, at a regular meeting thereof, held on the 2nd day of May, 2017. CITY OF LIBERTY LAKE Spokane County, Washington ____________________________________ Steve Peterson, Mayor ATTEST: ___________________________________ Ann Swenson, City Clerk (SEAL) 3 4810-8439-8407.3  * * * * * * * * * * * * * * * CERTIFICATE I, Ann Swenson, City Clerk of the City of Liberty Lake, Spokane County, Washington, hereby certify that the foregoing Ordinance is a full, true and correct copy of an ordinance duly passed and adopted at a regular meeting of the Council, duly held at the regular meeting place thereof on May 2, 2017, of which meeting all members of such Council had due notice and at which a majority thereof was present; and that at such meeting such Ordinance was adopted by the following vote: AYES, and in favor thereof: NAYS: ABSENT: ABSTAIN: I further certify that I have carefully compared the same with the original Ordinance on file and of record in my office; that such Ordinance is a full, true and correct copy of the original Ordinance adopted at such meeting; and that such Ordinance has not been amended, modified or rescinded since the date of its adoption, and is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand on this 2nd day of May, 2017. CITY OF LIBERTY LAKE Spokane County, Washington Ann Swenson, City Clerk (SEAL) 4810-8439-8407.3 TO: The Spokane County Auditor, as ex officio Supervisor of Elections, for the City of Liberty Lake, Spokane County, Washington Pursuant to Ordinance No. 240, adopted by the City Council of the City of Liberty Lake, Spokane County, Washington (the “Council”), at a regular meeting of the Council held on May 2, 2017, a copy of which is attached hereto and by this reference made a part hereof, you are respectfully requested to submit the following proposition to the qualified electors of the City of Liberty Lake, Spokane County, Washington (the “City”), for their approval or rejection, at a special election to be held on Tuesday, August 1, 2017. The proposition shall be in substantially the following form: PROPOSITION NO. 1 CITY OF LIBERTY LAKE TOWN SQUARE COMMUNITY CENTER INCLUDING A LIBRARY PROJECT GENERAL OBLIGATION BONDS - $9,000,000 The City Council of the City of Liberty Lake, adopted Ordinance No. 240 authorizing a proposition to fund the construction of a community center which includes a library. This proposition would authorize the City to construct a community center including a library adjacent to Town Square Park and other capital improvements; issue $9,000,000 of general obligation bonds maturing within 30 years; and levy annual excess property tax levies to pay such bonds, as provided in Ordinance No. 240. Should this proposition be: APPROVED: □ REJECTED: □ The special election shall be conducted by mail ballot; and the procedures and forms to conduct the special election by mail ballot shall be prescribed by the Spokane County Auditor in accordance with chapter 29A.40 RCW and chapter 434-250 WAC. DATED as of May 2, 2017. CITY OF LIBERTY LAKE Spokane County, Washington ______________________________________________ Ann Swenson, City Clerk 4810-8439-8407.3 Introduction of Upcoming Agenda Items  DRAFT CITY COUNCIL ADVANCED AGENDAS For Planning Discussion Purposes Only As of April 28, 2017 Please note: This is a work in progress; items are tentative May 16, 2017 DUE Wed, May 10 1. Consent Agenda (minutes, vouchers) 2. General Business i. Re-Confirmation of Jeff Sitton to Planning Commission ii. Authorize the purchase of Walker B Series Mower in the amount of $9,325.69 ************* TENTATIVE ITEMS: 1. Service contract with Ptera for phones and cameras 2. RESOLUTION – Update to the Financial Policy 3. PRESENTATION: Municipal City Flag (CC confirmation in June /July) 4. Orchard Park land transfer (? 5/16 or 6/6) 5. River Crossing South Preliminary Plat Closed Record Public Hearing (6/6) 6. Six-Year Transportation Improvement Program – 2018 – 2023 (6/6) Public Hearing Resolution to adopt Plan 7. PRESENTATION: WM Donation to Rotary 8. Proposed 2016 - 2017 City Development Regulations Periodic Updates and City Comprehensive Plan Amendment(s) a. City Council Workshop & Ordinance 1st Reading - June 6, 2017 b. City Council Public Hearing & Ordinance 2nd Reading - June 20, 2017 9. Award consultant contract for Harvard Bridge Revision (6/20) 10. Approve consultant contract for signals @ Madson/Signal (6/20) 11. Ordinance 236 – Moratorium extension for the Acceptance of Applications or Issuance of Permits for the Construction of Multifamily Housing; Providing for Severability; and Declaring an Emergency (expires 6/20) 12. Award bid for construction of beacon install @ Apts/HD (7/4 or alternate) 13. Ordinance 237 – 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 (expires 8/21) 14. Award bid for signals @ Madson/Signal (potentially 10/17, pending successful funding) 15. Harvard Bridge Revision conceptual design presentation to Council (11/7) 16. Award bid for construction of Orchard Park (12/5) 17. Acknowledgement of Brian Cuda for his donation of time & expertise in helping the City to stream CC meetings. 18. Trutina 1st Addition Final Plat Resolution 19. Workshop discussion: I-502 issues and options