City Council

CITY COUNCIL MEETING / PUBLIC HEARING TUESDAY, AUGUST 6, 2019 CITY HALL 22710 E. COUNTRY VISTA DRIVE 7:00 P.M. COMMITTEE WORKSHOP DISCUSSIONS – 6:00 p.m. • Public Safety • Library • Planning, Engineering, & Building Services REGULAR SESSION – 7:00 p.m. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER 4. ROLL CALL 5. AGENDA APPROVAL 6. CITIZEN COMMENTS 7. REPORTS • City Board & Commission Reports • Liberty Lake Sewer & Water District & Other Public Agency Reports 8. CITY COUNCIL REPORTS 9. CITY ADMINISTRATOR REPORT 10. WORKSHOP DISCUSSIONS • Selkirk Middle School Trail • Washington State Department of Transportation Agreement regarding Harvard & Henry Road 11. ACTION ITEMS A. Consent Agenda i. Approve July 16, 2019 and July 30, 2019 City Council Minutes ii. Approve August 6, 2019 vouchers in the amount of $679,493.18 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. 11. ACTION ITEMS (continued) B. General Business i. Confirm Mayor Peterson’s appointment of Timothy Olsen to the Liberty Lake Municipal Library Board of Trustees ii. Approve Change Order administered by City Staff to construct additional North Field Improvements in an amount not to exceed $50,000 iii. Approve purchase of flashing pedestrian beacon equipment in the amount of $28,240.26 iv. Delegate authority to the Mayor to award a contract to the low responsive bidder, providing contingency and sales tax, in an amount not to exceed the approved budget for the Harvard Road Preservation Project v. Authorize the transfer of funds and site administration for the Select Spokane website from Eastern Washington University to Greater Spokane Incorporated as the Associate Development Organization for Spokane County 12. PUBLIC HEARING CITY OF LIBERTY LAKE’S 2020 PRELIMINARY BUDGET 13. RESOLUTION Resolution No. 19-257 – Approving the River Crossing East Addition Final Plat 14. FIRST READ ORDINANCE Ordinance No. 168A – amending the criteria for accepting donations for parks, facilities, and recreation programs 15. INTRODUCTION OF UPCOMING AGENDA ITEMS 16. CITIZEN COMMENTS 17. EXECUTIVE SESSION – RCW 42.30.110 • Contract negotiations with Washington State Department of Transportation • Real estate negotiation with Spokane County 18. 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. WORKSHOP DISCUSSION MATERIAL  AGENDA ITEM NO.: 10 BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: August 6, 2019 Workshop on Selkirk Middle School Trail DEPT. OF ORIGIN: Planning, Engineering & Building Services DEPT. HEAD APPROVAL: Director EXHIBIT: Draft Interlocal Agreement between Spokane County and the City of Liberty Lake Map of Requested Easement Central Valley School District Letter of Support EXPENDITURE REQUIRED: Yes BUDGETED: Yes SUMMARY STATEMENT A “Pedestrian Trail - Selkirk Middle School to Hub Sports Facility” was included in the 2020-2025 City of Liberty Lake Transportation Improvement Plan. The plan slated $150,000 in estimated construction cost for 2025. The County has approved an Interlocal Agreement that would allow the City of Liberty Lake to utilize the railroad right-of-way that extends from extends N Harvest Parkway to the HUB Sports Facility and beyond. While there was no cost to the City of Liberty Lake for the use of that right-of-way, the County would retain ownership, and the City would bear all liability for the right-of-way, as well the full cost for construction and maintenance of those lands and any adjacent lands that the County might acquire in the future. The City would also be required to vacate the property with 30-days’ notice from the County, and the City would bear all cost for the relocation and reconstruction of the trail. A copy of the agreement is appended to this memo. With Selkirk Middle School opening in August, Central Valley School District Superintendent Ben Small has provided a letter of support (als0) for the trail project, as it will provide bike and pedestrian access for neighborhoods located to the west and the north of the new school site. RECOMMENDED ACTION 1. Opportunity to discuss the project, the timing, and the need.  A CE NTRAL VALLEY Inspiring and empowering learners to be S C H 0 0 1 0 S I S I C T contributing citizens in our changing world, 19307 E.Cataldo Avenue, Spokane VaIIey,WA 99016 (509)558-5400. cvsd.orq May 16, 2019 The Honorable Steve Peterson Mayor, City of Liberty Lake 22710 E Country Vista Drive Liberty Lake, WA 99019 RE: Pedestrian Trail North of Selkirk Middle School Dear Mayor Peterson: The Central Valley School District supports the trail project that will provide bike and pedestrian access to Selkirk Middle School from the north and west neighborhoods. This trail would allow student access to and from school that is away from street traffic and the trail could serve as additional emergency access if the need arose. Any project that improves access and connectivity between our schools and neighborhoods is worthy of being given high priority. If I can be of any further assistance, please let me know. Superintendent  INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND CITY OF LIBERTY LAKE REGARDING MULTI-USE TRAIL ALONG A PORTION OF FORMER GREAT NORTHERN RAILWAY COMPANY RIGHT-OF WAY THIS AGREEMENT, made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as “COUNTY” and the City of Liberty Lake, a municipal corporation of the State of Washington, having offices for the transaction of business at 22710 E. Country Vista Dr., Liberty Lake, WA 99019, hereinafter referred to as “CITY,” jointly hereinafter referred to as the "PARTIES." The COUNTY and CITY agree as follows. SECTION NO. 1: RECITALS AND FINDINGS (a) Pursuant to RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of COUNTY property and the management of COUNTY funds and business. (b) Pursuant to RCW 36.68.090, counties acting through its board of county commissioners, are empowered to build, construct, care for, control, supervise, improve, operate and maintain parks, playgrounds, bicycle and bridle paths and other recreational areas. (c) Pursuant to RCW 36.34.340, any county or city may acquire by purchase, gift, devise, bequest, grant or exchange title or any interest or rights in real property for park or recreational purposes. (d) Pursuant to chapter 39.34 RCW (Interlocal Cooperation Act) counties and cities may contract with each other to perform certain functions which each may legally perform. (e) Spokane County acquired a parcel of property by a Quit Claim Deed recorded in Volume 1178 of Deeds, Pages 1634 through 1640 under Auditor’s File Number 9103270283, records of Spokane County, commonly referred to as the “Great Northern Right-of-Way”. (f) Spokane County and City of Liberty Lake desire to enter into an interlocal agreement to use a portion of the Great Northern Right-of–Way located within the City of Liberty Lake, namely from west jurisdictional line of the City of Liberty Lake, generally with some areas no longer in the County ownership, in a northeasterly direction to where the Great Northern Right-of-Way intersects the northerly extension of the east jurisdictional line of the City of Liberty Lake for a multi-use trail and potential linear park, acknowledging and recognizing the County’s use of the Great Northern Right-of-Way for the purpose of constructing, operating, repairing and maintaining public utility infrastructure and appurtenances thereto owned or controlled by the County as well as other potential uses of the right-of way. (g) Spokane County and City of Liberty Lake both recognize that having a multi-use trail along a portion of the Great Northern Right-of-Way will provide an important regional alternative transportation and recreation amenity to the residents of Spokane County, including City of Liberty Lake. The multi-use trail is included in the CITY’s adopted Six-Year Comprehensive Transportation Program and the Pedestrian and Bicycle Component of the CITY’s adopted Comprehensive Plan. The multi-use trail would be a major link in Page 1 of 12  providing an alternative transportation network through the central portion of the City of Liberty Lake to the City of Spokane Valley. SECTION NO. 2: DEFINITIONS (a) Agreement: “Agreement” means this Interlocal Agreement between the CITY and COUNTY regarding the joint use of a portion of the Great Northern Right-of-Way for a multi-use trail and other potential linear park. (b) City: “CITY” means the City of Liberty Lake. (c) County: “COUNTY” means Spokane County. (h) Great Northern Right-of-Way or Great Northern ROW. “Great Northern Right-of-Way” also referred to as the or “Great Northern ROW” means that parcel of property owned by Spokane County and acquired by Quit Claim Deed recorded in Volume 1178 of Deeds, Pages 1634 through 1640 under Auditor’s File Number 9103270283 in the County of Spokane, records of Spokane County. (i) Portion of Great Northern Right-of-Way. Portion of Great Northern Right-of-Way means that portion of the Great Northern Right-of-Way located within the City of Liberty Lake, namely from west jurisdictional line of the City of Liberty Lake, generally with some areas no longer in the County ownership, in a northeasterly direction to where the Great Northern Right-of-Way intersects the northerly extension of the east jurisdictional line of the City of Liberty Lake as more particularly depicted in Attachment “A”, attached hereto and incorporated herein by reference. (j) Multi Use Trail. “Multi Use Trail” means an improved non-motorized thoroughfare designed by mutual agreement of the PARTIES to be used by bicycles, walkers and pedestrians. The PARTIES contemplate that the Multi Use Trail will be a Type 2 Pathway. (k) Potential Linear Park. “Potential Linear Park” means that open space concept which the PARTIES will hereinafter mutually agree upon. SECTION NO. 3: PURPOSE The purpose of this Agreement is to reduce to writing the PARTIES’ understandings and responsibilities regarding the use of the Portion of Great Northern ROW for a Multi-Use Trail and Potential Linear Park. SECTION NO. 4: DURATION/WITHDRAWAL This Agreement shall commence on September __, 2018, and run through May 31, 2044. This shall be referred to as the “Initial Term.” At the conclusion of the Initial Term, this Agreement shall automatically be renewed for successive ten (10) year terms. All renewals shall be subject to all terms and conditions set forth herein. This Agreement 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 Agreement for any reason Page 2 of 12 whatsoever upon a minimum of one (1) years advance notice as provided for in Section No. 8 to the other party. SECTION NO. 5: PARTIES RESPONSIBILITIES / COMMITMENTS A. COUNTY’S RESPONSIBILITIES / COMMITMENTS 1. Allow the use of the Portion of the Great Northern ROW for a Multi-Use Trail and Potential Linear Park for the term of this Agreement. Such use shall be subject to any easements, encumbrances, exceptions and reservations of record on the Great Northern ROW. 2. Consult with the CITY with regard to all future uses of that Portion of Great Northern ROW. Provided, the PARTIES acknowledge and agree that COUNTY owns the Great Northern ROW and that its determination as to any use shall be controlling. 3. Jointly with the CITY submit grant applications and accept awards for the design, construction and/or maintenance of the Multi Use Trail wherein the CITY would be the lead agency jurisdiction. Provided, such obligation does not commit nor prohibit the COUNTY from providing funding and or in-kind services in conjunction with the grant applications or awards. 4. Grant limited non-motorized access through appropriate documents such as license agreements to property owners adjoining the north and south Portions of the Great Northern ROW so they can access the Multi Use Trail once it is constructed. 5. Revoke any licenses previously granted on the Portion of the Great Northern ROW to the extent the COUNTY, at its sole discretion, after consultation with the CITY, determines the licenses would negatively impact the construction, operation or maintenance of the Multi Use Trail. 6. Allow the CITY to adopt and enforce regulations regarding the use of the Multi Use Trail so long as they are not inconsistent with the COUNTY’s ownership or use interests. B. CITY’S RESPONSIBILITIES / COMMITMENTS 1. Assume lead agency jurisdiction in conjunction with all grant applications and grant awards for the design, construction and/or maintenance of the Multi Use Trail. This shall include but not be limited to administration of all grants as well as employment of architects, engineers, planners, preparation of bid specifications, award of public works, and other contracts. Provided, however, this obligation does not prohibit the COUNTY from voluntarily assisting the CITY upon request in meeting these obligations. 2. Work with property owners adjoining the Multi Use Trail to relocate any of their encroachments, including but not limited to landscaping, sprinklers, and fences, that impede the construction and/or maintenance of the Multi Use Trail, which encroachments have not been placed in the Great Northern ROW under a license or permit from the COUNTY. The terminology “work with” shall not require nor preclude the CITY from paying for the costs of relocating or removing such encroachment. It shall require the CITY to give written notice to the property owner of the encroachment and a reasonable time for the property owner to relocate or remove the encroachment. 3. Install removable bollards or other acceptable similarly removable obstructions at all road access points to the Multi Use Trail to protect property owners adjacent to the Multi Use Trail. 4. Assume the sole responsibility and expense for all maintenance and operation of the Multi-Use Trail subsequent to its construction, to include associated landscaping. Upon the commencement Page 3 of 12  date of the Agreement, to be responsible for weed control, garbage abatement, and similar light maintenance of the Portion of the Great Northern Right-of-Way. This responsibility shall continue with regard to the Portion of the Great Northern Right-of-way adjacent to the Multi-Use Trail once the Multi-Use Trail is constructed. The COUNTY grants the express permission for such purpose. PARTIES recognize the necessity of maintaining not only the Multi-Use Trail but the adjoining right-of-way in good condition so it is an asset to the entire community. C. PARTIES JOINT RESPONSIBILITIES / COMMITMENTS 1. PARTIES acknowledge that the Great Northern ROW is presently used by the COUNTY for the construction, operation, repair and maintenance of public utility infrastructure and appurtenances thereto owned or controlled by the COUNTY and may be used in the future for the purpose of transmitting reclaimed water. PARTIES also acknowledge that the Great Northern ROW may have other uses during the term of the Agreement including mass transit. The COUNTY’s right to use the Great Northern ROW for public utility infrastructure and appurtenances as they may presently exist or as they may be constructed, operated, repaired or maintained in the future to include transmitting reclaimed water as well as mass transit shall be paramount to the use of that Portion of the Great Northern ROW under the terms of this Agreement. 2. PARTIES agree to coordinate the location of the Multi Use Trail and all aspects thereof such as landscaping to best fit with current and future uses of the Portion of the Great Northern ROW. In the event of a disagreement as to the location, COUNTY’s determination as to location shall control. All improvements in conjunction with the Multi Use Trail must allow for continuous, uninterrupted equipment access by COUNTY to the sewer manholes for maintenance and cleaning. If the constructed Multi Use Trail needs to be removed or relocated for the COUNTY to operate, repair, or maintain its public utility infrastructure and appurtenances as they presently exist or as they may be expanded or improved in the future to include transmitting reclaimed water, the CITY will be responsible at its sole expense for reconstructing or relocating the Multi Use Trail to include paved pathway, gravel sub grade, and any landscaping disturbed by the COUNTY or its contractors or other public agency. In the event the corridor is needed for location of mass transit facilities, the COUNTY will not be responsible for the cost of relocating the Multi Use Trail. COUNTY commits to working in good faith to attempt to minimize damage to the Multi Use Trail during the COUNTY’s operation, repair, or maintenance of its public utility infrastructure and appurtenances as they presently exist or as they may be expanded or improved in the future to include transmitting reclaimed water. CITY shall insure that any grant applications or grant awards acknowledge the obligations of this paragraph. 3. PARTIES agree to continue their commitment to preserve the Great Northern ROW for the full range of public uses, including but not limited to mass transit and public utility infrastructure and appurtenances. The PARTIES will consider appropriate regulatory language to accomplish this commitment. SECTION NO. 6: LIABILITY WITH RESPECT TO HAZARDOUS WASTE COUNTY makes no representation whatsoever regarding the condition of the Portion of the Great Northern Right-of Way including but not limited to its environmental condition as that term is defined in any applicable federal, state or local ordinance, code, regulation or court order, without limitation. CITY Page 4 of 12 acknowledges that use of the Portion of the Great Northern Right-of- Way for a Multi Use Trail is on an "as-is" condition, with any and all patent and latent conditions. It is understood and agreed that the CITY will excavate and perform earth-disturbing activities in conjunction with building the Multi Use Trail. If CITY encounters any hazardous substance defined in RCW 70.105.010, or any substance that is listed as a hazardous substance under federal law, in conjunction with excavating or performing other earth-disturbing activities while building the Multi Use Trail, CITY shall immediately; (i) secure or isolate such condition; (ii) stop all activity identified in connection with such condition, and (iii) notify County’s representative as soon as feasible. CITY shall be solely responsible for performing evaluation and necessary corrective action only in regard to earth- disturbing activities in conjunction with building the Multi Use Trail. COUNTY shall be solely responsible for performing evaluation and necessary corrective action only for the area adjoining the Multi Use Trail located within the Portion of the Great Northern Right-of–Way as required by state or federal law. CITY shall be responsible for the proper identification (as required by law and applicable federal, state and local regulations) of all chemicals, compounds, or hazardous substances CITY and its subcontractors bring on to the Portion of the Great Northern Right-of-Way. Such identification must include identification of health hazards, flammability, reactivity, and personal protection requirements. Identification labels and documents must be in the English language. CITY shall indemnify, defend and hold harmless the COUNTY from and against any and all claims, causes of action, demands and liability associated with the existence, removal or remediation of any Hazardous Substances that are located on the Multi Use Trail in conjunction with earth-disturbing activities by CITY when building the Multi Use Trail, but only as to the area encompassed by the Multi Use Trail. COUNTY shall indemnify, defend and hold harmless the CITY from and against any and all claims, causes of action, demands and liability associated with the existence, removal or remediation of any Hazardous Substances that are located on the Portion of the Great Northern Right-of-Way except in conjunction with earth-disturbing activities by CITY when building the Multi Use Trail which shall be the CITY’s sole responsibility as provided for herein above. SECTION NO. 7 LIABILITY OTHER THAN HAZARDOUS WASTE NOTE: This provision shall govern all liability other than Hazardous Waste which is addressed in Section No. 6. The CITY shall indemnify, defend and hold harmless the COUNTY, its officers and employees from all claims, demands, or suits in law or equity arising from the CITY’s intentional or negligent acts or breach of its obligations under this Agreement with regard to constructing, operating, and maintaining the Multi Use Trail. The CITY’s duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of the COUNTY, its officers and employees. The COUNTY shall indemnify, defend and hold harmless the CITY, its officers and employees from all claims, demands, or suits in law or equity arising from the COUNTY’s intentional or negligent acts or breach of its obligations under the Agreement including, but not limited to its responsibilities for the area adjacent to the Multi Use Trail within the Portion of the Great Northern Right-of Way. The COUNTY’s Page 5 of 12 duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of the CITY, 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 of indemnity 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 giving 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 Agreement. 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 CITY and/or COUNTY employees acting within the scope of this Agreement. The PARTIES have specifically negotiated this provision. _______________________________ ________________________________ COUNTY initials CITY initials SECTION NO. 8: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the COUNTY or the CITY at the address set forth below for such party, or at such other address as either Party shall from time- to-time designate by notice in writing to the other party: COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 CITY: City of Liberty Lake Mayor or his/her authorized representative 22710 E. Country Vista Dr., Liberty Lake, WA 99019 SECTION NO. 9: COUNTERPARTS This Agreement 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. SECTION NO. 10: ASSIGNMENT No party may assign in whole or part its interest in this Agreement without the written approval of the other party. Page 6 of 12 SECTION NO. 11: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of the either party shall be deemed to be an employee, agent, servant or representative of the other party for any purpose. SECTION NO. 12: MODIFICATION This Agreement may be modified in writing by mutual written agreement of the PARTIES. SECTION NO. 13: PROPERTY AND EQUIPMENT PARTIES acknowledge that COUNTY owns the Great Northern ROW. All improvements made under this Agreement in conjunction with the Multi Use Trail shall remain the property of the CITY until termination of the Agreement. Upon the termination of the Agreement, CITY shall remove all removable fixtures and all other improvements shall revert to the ownership of the COUNTY and the execution of this Agreement shall act as a Bill of Sale for such improvements at such time. SECTION NO. 14: ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT This Agreement 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 Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 15: DISPUTE RESOLUTION Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing. If the COUNTY CEO and the Mayor for the CITY cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7.04A RCW shall be applicable to any arbitration proceeding. The COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third 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 PARTIES. SECTION NO. 16: VENUE STIPULATION This Agreement 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 Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at Page 7 of 12 law, suit in equity, or other judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 17: SEVERABILITY The PARTIES agree that if any parts, terms or provisions of this Agreement 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 Agreement. If it should appear that any part, term or provision of this Agreement 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 Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 18: RECORDS All public records prepared, owned, used or retained by the either party in conjunction with meeting its responsibilities under this Agreement shall be made available to the other party upon written requests subject to the attorney client and attorney work product privileges set forth in statute, court rule or case law. SECTION NO. 19: HEADINGS The section headings appearing in this Agreement 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. 20: TIME OF ESSENCE OF AGREEMENT Time is of the essence of this Agreement 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 Agreement, the other Party may, at its election, hold the other Party liable for all costs and damages caused by such delay. SECTION NO. 21: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY A delay or interruption in or failure of performance of all or any part of this Agreement resulting from Uncontrollable Circumstances shall be deemed not a default under this Agreement. A delay or interruption in or failure of performance of all or any part of this Agreement resulting from any change in or new law, order, rule or regulation of any nature which renders either party meeting its obligations under the terms of this Agreement legally impossible, and any other circumstances beyond the control of the either party which render legally impossible the performance by that party its obligations under this Agreement, shall be deemed not a default under this Agreement. SECTION NO. 22: 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 purposes of confirming this Agreement. Page 8 of 12 SECTION NO. 23: 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 Agreement. SECTION NO. 24: DISCLAIMER Except as otherwise provided, this Agreement shall not be construed in any manner that would limit either party’s authority or powers under law. SECTION NO. 25: ANTI-KICKBACK No officer or employee of the CITY, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in the Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in the Agreement. SECTION NO. 26: 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 Agreement in violation of local, state or federal law. SECTION NO. 27: NO THIRD PARTY BENEFICIARIES Nothing in this Agreement 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. SECTION NO. 28: THIRD PARTY CLAIMS CITY and COUNTY agree to support each other in defending their respective rights with regard to this Agreement. Neither party shall file a claim against the other party for damages pertaining to the rights granted herein that may arise from alleged defects of title, provided that claims based on eminent domain, adverse possession or prescription asserted by either Party against third parties may be made. SECTION NO. 29: WAIVER No officer, employee, agent or otherwise of either party, has the power, right or authority to waive any of the conditions or provisions to this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement or at law shall be taken and constructed as cumulative, that is, in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof, shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of this Agreement or any part hereof, or the right of either party to hereafter enforce each and every such provision. Page 9 of 12 SECTION NO. 30: 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 entity is created to administer the provisions of this Agreement. D. RESPONSIBILITIES OF THE PARTIES: See provisions above. E. AGREEMENT TO BE FILED: The CITY shall file this Agreement with its City Clerk or place it on its website. The COUNTY shall file this Agreement with its County Auditor or place it on its web site or other electronically retrievable public source. 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 provisions above. I. REPRESENTATIVES: The PARTIES hereby appoint those individuals set forth in Section No. 8 as their respective representatives for the purpose of administering this Agreement. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON _____________________________________ JOSH KERNS, CHAIR _____________________________________ ATTEST: MARY KUNEY, VICE-CHAIR _________________________________ _____________________________________ Ginna Vasquez, Clerk of the Board AL FRENCH, COMMISSIONER DATED: CITY OF LIBERTY LAKE Page 10 of 12  By: Attest: Title: City Clerk Approved as to form: Office of the City Attorney Page 11 of 12  ATTACHMENT “A” Legal Description (Map depicting Portion of Great Northern Right-of-Way is on the following page) Page 12 of 12  /j1J Spokane County REC’D SEP 2(1 ?(I1 OFFICE OF COUNTY COMMISSIONERS Josh Kerns, 1st District I Mary Kuney, 2 District Al French, 3 Distric t September 18, 2018 City of Liberty Lake Katy Allen, City Administrator 22710 E. Country Vista Drive Liberty Lake, WA 99019 Dear Katy, The Board of County Commissioners met on September 17, 2018 and approv ed an Interlocal Agreement between Spokane County and the City of Liberty Lake in regards to a multi-use trail along a portion of the former Great Northern Railway which is fee simple property. This agreement would allow the City to utilize this proper ty for trails and/or linear parks. The County is currently in negotiations with Greenstone over the proper ty east of Harvest Parkway. Please refrain from building a trail in this area until the negotiations are complete. Attached is the original document (Interlocal Agreement No. 2018-0673) signed by the Board allowing the City of Liberty Lake to utilize Spokane County’s property for a trail system. Please have the agreement signed by the City’s appropriate represe ntative and sent back to me for recording. I will send a copy of the recorded document back to you, Public Works Department mailing address is 1026 W. Broadway Avenue, Spoka ne WA 99260. Should you have questions, I can be reached at 509-477-7414. Very Truly Yours, 1 _,/J / ,i Deborah Firkins Administration Engineer Spokane County Public Works attachment 1116 WEST BROADWAY AVENUE, SPOKANE, WA 99260 (509) 4772265 ACTION ITEMS  City of Liberty Lake Consent Agenda for August 6, 2019 City Council Meeting Report from the Mayor for pending claims and payment of previously‐approved obligations through August 6, 2019 Payee Description Amount See attached check register. Total vouchers through August 6, 2019 $ 253,497.85 7/17/19 Independent Performance LTD Check No. 28651 $ 12,130.91 July payroll & benefits $ 413,864.42 TOTAL $679,493.18 RECOMMENDATION: Approve and Authorize for Payment ATTACHMENTS: All original invoices are on file with the City Treasurer. SIGNATURES: City Clerk Mayor Council Member 11Bii 11Biii 11Biv  AGENDA ITEM NO.: 11Bv BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: August 6, 2019 Agreement for Transfer of Administration of Select Spokane Regional Site Selection Consortium to GSI DEPT. OF ORIGIN: Planning, Engineering & Building Services EXHIBIT: DEPT. HEAD APPROVAL: Director GSI Letter Agreement EXPENDITURE REQUIRED: Yes BUDGETED: Yes SUMMARY STATEMENT The City of Liberty Lake has, for a number of years, participated in the Regional Site Selector Consortium that funds the Select Spokane Website. Other participants include Spokane County, City of Spokane, City of Spokane Valley, Airways Heights, Cheney, and Medical Lake. The select Spokane Website has been administered by Eastern Washington University (EWU), with data provided by GIS Planning (under contract with EWU), and available site listings, as provided by local realtors. Participation fees have been allocated based upon population, and the City of Liberty Lake’s fee for 2019 was $1,161.68. Effective July 1, 2019, EWU will not continue in the role of site administrator. Greater Spokane Incorporated (GSI) as the Associated Development Organization (ADO) for Spokane County, proposes to take over the site administration through the end of the year, after which the site will be merged with the Advantage Spokane regional economic development website that is currently in development. GSI is requesting that remaining consortium funds, and the responsibility for the Select Spokane site administration, be transferred to GSI to keep the site operational through the end of the year, when the merger will occur. RECOMMENDED ACTION 1. Authorize the transfer of funds and site administration for the Select Spokane website from Eastern Washington University to Greater Spokane Incorporated (GSI) as the Associate Development Organization (ADO) for Spokane County. July 12, 2019 Dear Select Spokane Consortium members: At the Select Spokane annual meeting on Tuesday, June 18, we learned that Eastern Washington University (EWU) will not continue in their role as Site Administrator of Select Spokane effective July 1, 2019. As Consortium members, we agreed to the following: 1) EWU will extend the contract with GIS Planning through December 31, 2019 and remit payment to them. 2) Oversight of the Select Spokane site, agreements and administration will transfer from EWU to the associate development organization (ADO) for purposes of continuing the functionality of the ADVANTAGE Spokane website. Greater Spokane Inc (GSI) is the designated ADO for this region. 3) Any remaining fund balances will transfer to the ADO instead of being refunded to the individual funders. This will allow for the continuation of the data on the site through December 31, 2019. The City of Liberty Lake and the City of Cheney are not signatories of the Consortium, however they are funders, so we have included them for their authorization as well. EWU has requested a written recognition of the agreed to items listed above from the funding partners. This letter is to serve as that written confirmation outlining the desires of the funders. Once EWU is in possession of this signed statement, EWU will execute a memorandum of agreement authorizing the transfer of the above items from EWU to GSI. Sincerely, Todd Mielke CEO Greater Spokane Inc  AGREEMENT FOR SELECT SPOKANE SIGNATURE PAGE GREATER SPOKANE INCORPORATED By_________________________________ Signature ___________________________________ Type or Print Name ___________________________________ Title ___________________________________ Date  AGREEMENT FOR SELECT SPOKANE SIGNATURE PAGE SPOKANE COUNTY OF SPOKANE COUNTY, WASHINGTON ________________________________ GERRY GEMMILL, CEO ATTEST: ________________________________ Ginna Vasquez, Clerk of the Board ________________________________ Date  AGREEMENT FOR SELECT SPOKANE SIGNATURE PAGE CITY OF SPOKANE By_________________________________ Signature ___________________________________ Type or Print Name ___________________________________ Title ___________________________________ Date  AGREEMENT FOR SELECT SPOKANE SIGNATURE PAGE CITY OF SPOKANE VALLEY By_________________________________ Signature ___________________________________ Type or Print Name ___________________________________ Title ___________________________________ Date  AGREEMENT FOR SELECT SPOKANE SIGNATURE PAGE CITY OF CHENEY By_________________________________ Signature ___________________________________ Type or Print Name ___________________________________ Title ___________________________________ Date  AGREEMENT FOR SELECT SPOKANE SIGNATURE PAGE CITY OF LIBERTY LAKE By_________________________________ Signature ___________________________________ Type or Print Name ___________________________________ Title ___________________________________ Date  AGREEMENT FOR SELECT SPOKANE SIGNATURE PAGE AVISTA By_________________________________ Signature ___________________________________ Type or Print Name ___________________________________ Title ___________________________________ Date  AGREEMENT FOR SELECT SPOKANE SIGNATURE PAGE EASTERN WASHINGTON UNIVERSITY By_________________________________ Signature ___________________________________ Type or Print Name ___________________________________ Title ___________________________________ Date RESOLUTION  AGENDA ITEM NO.: 13 BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: August 6, 2019 River Crossing East Addition Final Plat DEPT. OF ORIGIN: Planning, Engineering & Building Services EXHIBIT: DEPT. HEAD APPROVAL: Lisa Key 257 Resolution 19-XXX ---- River Crossing East Addition Final Plat Map EXPENDITURE REQUIRED: Not Applicable BUDGETED: Not Applicable SUMMARY STATEMENT The Preliminary Plat of River Crossing East, consisting of 612 lots and several tracts for residential, commercial and mixed use development on 164.11 acres was approved by the Hearing Examiner on August 15, 2018. River Crossing East Addition Final Plat has now been received and reviewed, and is ready for final plat approval. The River Crossing East Addition Final Plat, is 17.49 acres in size and contains 43 Lots, 3 Tracts, and public streets and private alleys. All applicable conditions from the preliminary plat approval have been met or a performance guarantee has been provided and appropriate signatures / letters of acceptance have been obtained or will be obtained prior to recording. River Crossing East Addition Final Plat is in conformance with all applicable land use controls. RECOMMENDED ACTION 1. Approve the resolution and authorize the recordation of the Final Plat.  RESOLUTION NO. 19-257 CITY OF LIBERTY LAKE SPOKANE COUNTY, WASHINGTON A RESOLUTION OF THE CITY OF LIBERTY LAKE, WASHINGTON APPROVING THE FINAL PLAT OF RIVER CROSSING EAST ADDITION, LOCATED IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 8, AND A PORTION OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 25N, RANGE 45 E.W.M., LIBERTY LAKE, WASHINGTON WHEREAS, RCW 58.17 establishes the process by which land is divided and regulates the subdivision of land; WHEREAS, The City of Liberty Lake adopted a Comprehensive Plan (September 2003, updated October 6, 2015), and a Development Code (December 2005); WHEREAS, The Preliminary Plat of River Crossing Est consisting of 612 parcels plus open space tracts and public streets and private alleys on approximately 164.11 acres was approved by the Hearing Examiner on August 15, 2018; WHEREAS, The River Crossing East Addition Final Plat, is 17.49 acres in size and contains 43 Lots, three Tracts, and public streets; WHEREAS, All applicable conditions from the preliminary plat approval have been met or a performance guarantee has been provided; WHEREAS, The River Crossing East Addition Final Plat is in conformance with all applicable land use controls; WHEREAS, Appropriate signatures and letters of acceptance have been obtained or will be obtained prior to recording; and WHEREAS, Property taxes and all required fees will be paid prior to recording of the final plat. THEREFORE, THE CITY COUNCIL OF THE CITY OF LIBERTY LAKE, WASHINGTON, DOES RESOLVE AS FOLLOWS: The Final Plat of the River Crossing East Addition, Located in a portion of the Southeast Quarter of Section 8, and a portion of the Southwest Quarter of Section 9, Township 25N, Range 45 E.W.M., Liberty Lake, Washington, more precisely described in the dedication, having met all conditions and requirements, is hereby approved.  Passed by the City Council this day of August, 2019. Steve Peterson, Mayor City of Liberty Lake ATTEST: City Clerk, Ann Swenson APPROVED AS TO FORM: City Attorney, Sean P. Boutz  ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” ” “ ” “ ” FIRST READ ORDINANCE  CITY OF LIBERTY LAKE SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 168(A) AN ORDINANCE OF THE CITY OF LIBERTY LAKE, WASHINGTON, AMENDING ORDINANCE NO. 168, PASSED ON FEBRUARY 19, 2008, ENTITLED “ESTABLISHING CRITERIA FOR ACCEPTING DONATIONS FOR PARKS, FACILITIES, AND RECREATION PROGRAMS” WHEREAS, the City Council recognizes the need to promote community involvement and active participation in quality of life components throughout the community; and WHEREAS, the City Council recognizes the need to establish a fair, equitable, and uniform procedure for which gifts may be donated to the City; and WHEREAS, the City Council is desirous of establishing criteria for accepting gifts or donations. NOW THEREFORE, the City Council of the City of Liberty Lake, Washington does ordain as follows: Section 1. Acceptance of donations of cash or tangible items A. The Mayor or City Administrator will review the acceptability of any donation and determine if the benefits to the City of Liberty Lake (“City”) are appropriate and acceptable under all City rules and regulations, and applicable federal and state law. B. Evaluation criteria may include: 1) consideration of any immediate or initial expenditure required in order to accept the donation, 2) the potential and extent of the City’s obligation to maintain the donation, 3) the community benefit derived from the gift or donation; and 4) ethical appropriateness of donation. C. The City Council shall be notified of all donations in a timely manner. D. The City Council shall maintain the final authority to accept, or deny any gift or donation. Section 2. Types of Donations. Donations may be received in the form of cash, real, or personal property. Donations shall be designated as either a Restricted or Unrestricted donation. Restricted donations are those donations that the donor specifically designates for a particular purpose, use, or location. Unrestricted donations shall mean those donations that are donated to the City for unspecified purpose, use, or location. A. Cash Gifts 1. All cash gifts or donations equal to or greater than $5,000.00 shall be reviewed and accepted by the City Council. 1  2. All cash gifts or donations less than $5,000.00 may shall be reviewed and accepted by the Mayor, City Administrator/City Staff or his/her designee. 3. Cash gifts or donations shall be designated as restricted or unrestricted donations. 4. Unless specifically designated as a restricted donation, cash gifts reviewed and accepted by the City shall impose no obligation to use the donated funds for the specified purpose, use, or location. B. Trees 1. Tree donations add beauty to City parks and facilities. Trees may be donated and installed at City parks and other locations in the City at the recommendation of the Director of Planning, Engineering, and Building Services and/or the Director of Operations and Maintenance, as applicable. 2. All tree donations shall be consistent with the City’s Tree Ordinance No. 257, which was passed on April 2, 2019, or as amended. 3. Tree donations shall be limited to specific species established in the City Development Code or consistent with the City’s Tree Ordinance No. 257, or as amended. C. Benches. Benches may be donated and installed in different areas of the City. Prior to the installation, the Director of Planning, Engineering, and Building Services and/or Director of Operations and Maintenance, as applicable, shall approve the type, style, design, and location of all donated benches on City property or public right- of-way. D. Park, Public Improvement, and Street Amenities Public improvements or other amenities such as drinking fountains, tables, and other equipment that will improve public places in City parks, public buildings, streets, walkways, and trails may be donated to the City. 1. Donation of public improvements or amenities valued equal to or greater than $5,000.00 shall be reviewed and accepted by the City Council. 2. Donation of public improvements or amenities valued at less than $5,000.00 shall be reviewed and accepted by the Mayor, City Administrator/City Staffor his/her designee. Section 3. Naming Rights. Donors may receive certain naming rights on capital improvement projects for which any donation matches or exceeds seventy-five percent (75%) of the total budgeted cost for the designated area benefiting from the donation. All such donations shall be submitted to the City Council for review and acceptance, including the proposed name to be applied to the project(s). 2 Section 4. Sponsorships. Special events and programs are recognized as fund-raising activities. Where donations or sponsorships of a special event or program will require special recognition to provide recreational opportunities, corporate or organized sponsors may be recognized by use the company name and/or logos on certain event banners and signage. Signs and literature at all special events and programs shall be at the discretion of the director of the appropriate City department. The size, scale and location of corporate logos and names should not dominate the facilities or area. Company logos or names shall not be displayed in such a manner that would, in any way, suggest the endorsement of the City employees, or representatives of the City. Section 5. Right to Deny. The City Council reserves the right to deny any donation if, upon review, acceptance of the donation is determined to be not in the best interest of the City. Section 6. Special Privileges. Making a donation or co-sponsoring a special event or program shall not allow, permit, enable, impose, oblige, or entitle a sponsor or donor to any special privileges other than those stated in this ordinance. Special privileges may include City recognition, allowing certain displays at special events, or receipt of plaques, unless otherwise agreed upon and approved by the City Council, where appropriate. Section 7. Donation/Sponsorship Guide. The Recreation Department shall periodically make available a Donation/Sponsorship Guide containing prices and ideas for public sponsorships and/or donations. Section 8. Acknowledgements A. Letter to donor accepting donation; B. Where applicable, recognition of donations may be made at City Council meetings; C. Donors may request a plaque be installed to recognize the donation, provided the plaque does not interfere with the operation and maintenance activities of the City and/or is not in conflict with City Code, regulations, or laws; D. All plaques expenses shall be borne by the donor. The City shall assume ownership and maintenance of the donated item and plaque, but the City shall not assume plaque replacement costs, including any damage due to vandalism or theft. All plaques shall remain as a donated item during its useful life. The City reserves the right to remove and/or relocate the donated item at all times; and E. All plaque information will be entered on the Donation/Sponsorship Guide order form and ordered by the City. The donor shall be required to compensate the City for all plaque related expenses prior to being ordered. Section 9. Severability. If any section, sentence clause or phrase of this ordinance and attachments hereto shall 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 the ordinance. 3 Section 10. Administration and Enforcement A. Administration. The Mayor, or his/her designee shall be responsible for the administration of this ordinance. Donations shall be reviewed prior to acceptance to ensure the donation conforms to the standards established in this ordinance. B. Enforcement. Donations that do not conform to the standards contained in this ordinance shall be subject to denial until donation proposal is brought into conformance therewith. Section 10. 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 _________, 2019. Mayor Steve Peterson ATTEST: Ann Swenson, City Clerk Approved As To Form: Sean P. Boutz, City Attorney Date of Publication: Effective Date: 4 Introduction of Upcoming Agenda Items  DRAFT CITY COUNCIL ADVANCED AGENDAS For Planning Discussion Purposes Only As of August 1, 2019 Please note: This is a work in progress; items are tentative TENTATIVE ITEMS: Date Item Point of Contact PENDING 8/20 WORKSHOP: Flashing beacon location criteria Scott Bernhard / Chief Asmus WSDOT Agreement regarding Harvard & Henry Road Katy Allen Easement Agreement with Spokane County regarding the Henry Road Overpass Katy Allen Award bid for Public Works Yard Scott Bernhard FIRST READ ORDINANCE: Verizon Franchise Agreement Lisa Key 9/3 WORKSHOP: HB1406 Lisa Key SECOND READ ORDINANCE: Verizon Franchise Agreement Lisa Key 9/17 WORKSHOP: Annual Code & Comp Plan Amendment Lisa Key Award bid for Orchard Park Pavilion (tentative) Lisa Key 10/1 Approve Trailhead Master Plan Contract (tentative) Lisa Key 10/15 PUBLIC HEARING: City of Liberty Lake’s 2020 budget RJ Stevenson 11/5 PUBLIC HEARING: City of Liberty Lake’s 2020 budget RJ Stevenson PUBLIC HEARING: Annual Code & Comp Plan Amendment Workshop Hearing Lisa Key FIRST READ ORDINANCE: Setting Property RJ Stevenson Tax Levy 12/3 PUBLIC HEARING: City of Liberty Lake’s 2020 budget RJ Stevenson SECOND READ ORDINANCE: Setting Property Tax Levy RJ Stevenson 12/3 FIRST READ ORDINANCE: City of Liberty Lake’ 2020 Budget RJ Stevenson 12/17 SECOND READ ORDINANCE: City of Liberty Lake’ 2020 Budget RJ Stevenson TBD Hawkstone 2nd Addition Final Plat Resolution Lisa Key Continued discussion on Lime Scooters Chief Asmus/Lisa Key Orchard Park Pavilion Bid Award Scott Bernhard Orchard Park Equipment Purchases Jennifer Camp Update Traffic Count – Approve revised Scott Bernhard agreement for professional services Approve service contract for phones and RJ Stevenson internet Approve agreement for IT services RJ Stevenson Approve consultant agreement for community outreach & improved communication Katy Allen Updated MOU with CVSD Chief Asmus