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HomeMy WebLinkAboutFINAL 2026 0414 Council Agenda PacketMoses Lake City Council Dustin Swartz, Mayor | Don Myers, Deputy Mayor | Mark Fancher, Council Member | Joel Graves, Council Member David Skaug, Council Member | Victor Lombardi, Council Member | Jeremy Davis, Council Member Tuesday, April 14, 2026 Moses Lake Civic Center – 401 S. Balsam or remote access* Regular Meeting Agenda Call to Order – 6:30 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Presentation Springfest Poster – Sean Sallis Citizen’s Communications ** Public Hearing #1 2025 Development Code Amendments Ordinance 3094 pg 4 Motion Presented by Senior Planner Nathan Pate Summary: Council to hear from public, review, and consider adoption #2 Consent Agenda pg 79 Motion All items listed below are considered to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests specific items to be removed from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the Consent Agenda. a.City Council Meeting Minutes – March 2026 b.Claims and Payroll c.Mobile and Street Food Vendors Amendment Ordinance 3095 d.Northland Cable Franchise Transfer of Ownership Ordinance 3096 e.Marten Law Contract Amendment f.Hearing Examiner Agreement g.Surf N’ Slide Concession Agreement h.LTAC Ice Arena Funding Recommendation i.WTSA Fields for the Future Grant Application FINAL COML City Council 4-14-26, Page 1 of 239 April 14, 2026, City Council Meeting Page 2 New Business #3 Grant County Bridge Crossing Interlocal Agreement pg 198 Motion Presented by City Attorney Katherine Kenison Summary: Council to review and consider approval Study Session Financial Sustainability Plan (FSP) (CG1) •FSP Process Summary – City Manager Rob Karlinsey pg 204 •Statistically Valid Survey Report – Ian Stewart, Fulcrum Strategy Group pg 209 •FSP Guiding Principles – City Manager Rob Karlinsey pg 228 •Enhanced Program Scoring – Assistant City Manager/Technology and Support Services Director James Richmond pg 231 •FSP Options and Direction – City Council, City Manager Rob Karlinsey, Finance Director Madeline Prentice, and Jeff Pooley, Next Level Analytics •Draft Voluntary Separation Incentive Policy – City Manager Rob Karlinsey pg 232 (Financial Sustainability Site) separate webpage from packet Staff Reports -State Auditor’s Office Audit Update - Finance Director Madeline Prentice - Street and Utility Standards April 21 Study Session – Assistant Public Works Director Leigh Ramsey -Community Clean Up April 25 – Building Official/Fire Marshal Christopher Horton -Other City Council Member Reports Future Business Requests: MLMC 2.08.050 states that an item may be placed on a Council meeting agenda, in advance of posting an agenda, by any of the following methods: majority vote of the Council; Council consensus; any three (3) Council members; the City Manager; or the Mayor. Information Item -Upcoming Agenda Items pg 236 Adjournment Future Council Meetings: Study Session: Street and Utility Standards Update April 21 at 6:00 p.m., Regular Meeting April 28 at 6:30 p.m., and Council Retreat May 1-2 (all-day). Council Notices of Potential Quorum – link to separate webpage NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk at (509) 764-3703 or Deputy City Clerk at (509) 764-3707 at least 24 hours in advance of the meeting. Also contact the City Clerk's Office before Noon on day of meeting for any printed packet material copies in black and white FINAL COML City Council 4-14-26, Page 2 of 239 at no charge. Color copies can be provided for a cost of 25 cents per page. April 14, 2026, City Council Meeting Page 3 * Remote Options: #1 MS Teams App or Online Join April 14 meeting, Meeting ID: 220 798 811 338 624, Passcode: Vh2wx7Nz Or #2 MS Teams by phone (audio only) +1 509-707-9401,,668186479# United States Or #3 YouTube Live https://www.youtube.com/@MosesLakeCityCouncil/streams ** In person Citizen Comment or Public Hearing Comments form needs to be given to the presiding Clerk by 6:25 p.m. The 5-minute time per speaker may be reduced to allow a maximum period of 30 minutes for citizens who have signed up to speak. Click this link for remote speaker request forms which must be completed by 3 p.m. on the day of the meeting and join using one of the Teams options above. FINAL COML City Council 4-14-26, Page 3 of 239 Council Agenda Bill Subject 2025 Development Code Amendments Ordinance 3094 Department Community Development Presenter at the Meeting Nathan Pate, Senior Planner Packet Attachments (if any) Ord ### 2025 Code Amendments - Grouping 2-3-4 omitting No. 38. docx 31.84KB Exhibit 1 2025 Code Amendment Groupings 2, 3 & 4.pdf 607.91KB Exhibit 2 Code and Comp Plan Amendments - Commerce Comment Letter.pdf 56.42KB Exhibit 3 WDFW Comments - Code Amendments.pdf 238.45KB Exhibit 4 2025 Code Amendments Final Docket with Annotations.pdf 151.02KB Meeting Date: 4/14/2026 Agenda Item Number: 64399 Proceeding Type Public Hearing Proposed Council Action/Motion: Information Only Receive and File Discuss Provide Direction Public Hearing Adopt/Approve Authorize Other Motion required. Recommended Motion Motion to adopt Ordinance No. 3094 regarding 2025 Code Amendments – Docket Grouping No. 2-4, specifically, Docket Numbers 1-2, 5-10, 12-14, 16-29, 31-37 and 39–51. Summary/Background Overview The City Council is being asked to hold a public hearing and adopt the Planning Commission recommended code amendments pursuant to the 2025 MLUDC Code Amendments Final Docket –Groupings 2 through 4: Docket Numbers 1-2, 5-10, 12-14, 16-29, 31-37 and 39–51. Attached is the Final Docket with annotation on the action items for study. Docket No. 38 is removed from this amendment and moved to a subcommittee for further study. Each attachment is presented as edits to the City of Moses Lake Unified Development Code in “track changes” format (black text is original, new text is underlined and/or red/blue, and text removed is strikethrough and/or red/blue). At the top is the referenced Docket Numbers with content text of the section and below are the “proposed amendments.” On February 12, 2026, the Washington State Department of Commerce Growth Management Services provided a comment letter. On February 20, 2025, the Washington State Department of Fish and Wildlife provided a comment letter. As applicable, comments have been incorporated into the amendments. Background On August 26, 2025, the City Council created and set the “2025 Code Amendment Final Docket” which is a list of 51 City of Moses Lake Unified Development Code text amendments. Placement on the “Final Docket” is not approval of the proposal. Rather, it means the City Council has determined the proposal is worthy of devoting resources and time to complete the amendments, and the City Council is being asked to consider the Planning Commission’s recommendation, and may adopt, reject, or change the recommendation to create the “Final Docket.”  This is a process where the public, City Council, and Planning Commission (PC) may propose amendments to the Comprehensive Plan and the Unified Development Code (Land Use Development Code). The rules regarding the docketing process are found in Chapter 15.240 Comprehensive Plan and development regulation amendments. Basically, the docket process provides the public with a way to propose changes to the Comprehensive Plan or development regulations directly to the City Council. It is designed to comply with the Washington State Growth Management Act’s requirement to provide for meaningful public participation. Regulation Amendments are legislative in nature, involving the creation, revision, application, or large-scale implementation of public policy. These amendments have been separated into four (4) groupings which included two workshops for each amendment under the Planning Commission agendas for “new” and “old” business. The amendments moved from new to old as the workshops progressed which allowed the PC to complete deliberations and review with a “double” approach for each meeting. The first grouping was expedited to complete Docket Numbers 3 & 4, 11, 15, and 30. The Planning Commission held public workshops on August 28, 2025, September 25, 2025, October 16, 2025, October 30, 2025, and December 11, 2025. On January 16, 2026, the Planning Commission held a Public Hearing regarding the identified Groupings 2-4 Code amendments pursuant to the Final Docket process MLUDC 15.240.040. FINAL COML City Council 4-14-26, Page 4 of 239 Fiscal Consideration N/A City Council Priorities or Budget Objectives Addressed Preamble: The City’s top priority will always be fulfilling its core mission, which includes ensuring public safety, maintaining the City’s infrastructure, complying with state and federal mandates, and safeguarding the City’s finances. #1 - Achieve Financial Sustainability #2 - Secure Sustainable and Reliable Municipal Water Sources #3 - Improve the City's Image and Reputation #4 - Fire Department Service Delivery Model and Third Fire Station #5 - New Police Station #6 - Second Lake Crossing #7 - WSDOT Highway Projects in Moses Lake Reviewed and Approved by: City Manager -Rob Karlinsey on 4/8/2026 City Attorney - Katherine Kenison on 4/3/2026 Community Development - Vivian Ramsey on 4/3/2026 FINAL COML City Council 4-14-26, Page 5 of 239 ORDINANCE NO. 3094 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, RELATING TO AMENDMENTS TO THE CITY OF MOSES LAKE UNIFIED DEVELOPMENT CODE FOR THE 2025 CODE AMENDMENT DOCKET GROUPINGS 2, 3, & 4 AND ESTABLISHING AN EFFECTIVE DATE. Recitals: 1. The City of Moses Lake adopted the Title 15 – Unified Development Code (MLUDC) October 4, 2024; and 2. City of Moses Lake MLUDC Chapter 15.240 Comprehensive Plan and Development Regulation Amendments governs the process for development regulation amendments; and 3. On August 26, 2025, the City Council created and set the “2025 Code Amendment Final Docket” which is a list of 52 City of Moses Lake Unified Development Code text amendments. Placement on the “Final Docket” is not approval of the proposal. Rather, it means the City Council has determined the proposal is worthy of devoting resources and time to complete the amendments, and the City Council is being asked to consider the Planning Commission’s recommendation, and may adopt, reject, or change the recommendation to create the “Final Docket.”; and 4. Due to citizens awaiting code amendments for soon to be active permits and/or development, Community Development Department asked that the Final Docket be broken into four “Groupings” for the Planning Commission actions; and 5. On January 16, 2026, the Planning Commission completed its final round of processing amendments that included workshops on August 28, 2025, September 25, 2025, October 16, 2025, October 30, 2025, and December 11, 2025 with a Public Hearing on January 16, 2026 (pursuant to Chapter 15.240 Comprehensive Plan and Development Regulation Amendments). Whereby, the Planning Commission provided opportunity for public comments, reviewed, deliberated, edited and made recommendations for the final text changes (amendments); and 6. During the duly noticed hearing of January 16, 2026, the Planning Commission Recommended the following amendments: 2025 MLUDC Code Amendments Final Docket –Groupings 2-4: Docket Numbers 1-2, 5-10, 12-14, 16-29, and 31 – 51. 7. During the duly noticed hearing of January 16, 2026, the Planning Commission recommended the following overall findings of fact: FINAL COML City Council 4-14-26, Page 6 of 239 a. The City of Moses Lake has adopted the Comprehensive Plan pursuant to the Growth Management Act (GMA), which has been found to be consistent with each other. b. The City of Moses Lake adopted the Title 15 - Unified Development Code October 4, 2024 c. The City of Mose Lake Planning Commission is responsible for long-range planning matters and providing implementation recommendations to assure compliance with the Growth Management Act. These measures include updates and amendments to the comprehensive plan; development regulations, environmental regulations, and any other rules, actions or regulations deemed necessary to implement the Growth Management Act. d. RCW Chapters 36.70 and 36.70A authorize the adoption of development regulations, and amendments to the City of Moses Lake Unified Development Code (MLUDC) are required to comply with State Statues. e. Pursuant to 15.240.050 Public Notice, the City of Moses Lake duly noticed the amendments. f. On September 19, 2025, notice of the proposed amendments was sent to the Department of Ecology SEPA Register. Additional notice was provided to local and regional agencies for the review and comment period/environmental determinations. g. On September 19 2025, and pursuant to 15.240.060 SEPA Compliance, the City of Moses Lake issued a SEPA Non-Project Determination of Non- Significance (DNS). h. On December 31, 2025, formal notice was provided to the Washington State Department of Commerce of the intent to adopt the proposed amendments and initiation of the sixty-day state agency review and comment period. i. The Planning Commission conducted workshops on parts of the proposed amendments on August 28, 2025, September 25, 2025, October 16, 2025, October 30, 2025, and December 11, 2025. j. The amendments are not a part of the Growth Management Act Periodic Update (RCW 36.70A.130) - Comprehensive Plan / Code update k. On January 16, 2026, the Planning Commission conducted an advertised public hearing. The Planning Commission entered into the record the files on these amendments, accepted public testimony, and deliberated the merits of the amendments. l. The Planning Commission has reviewed the entire record and public testimony as it relates to the proposed amendments to the City of Moses Lake Unified Development Code (MLUDC). m. The amendment has been processed in compliance with State and Local regulations and standards. n. The proposed amendments are consistent with both the statue and supporting sections of the MLUDC. o. The intent of the amendments are to strengthen and improve project review and permitting for construction and land use project permits. p. The City of Moses Lake Comprehensive Plan Goals and Policies encourage efficient, straightforward, easy to understand, regulations to ensure openness of government and efficiency of permit processing. FINAL COML City Council 4-14-26, Page 7 of 239 q. According to the City of Moses Lake Comprehensive Plan, the following Goals and Policies support the amendments overall: i. Land Use - Goal 3.1 Provide for coordinated, logical, orderly growth of the city. ii. Policy 3.1.7 Adopt user-friendly development regulations that implement Moses Lake's land use vision while offering flexibility for creative solutions. Examples of this may include: Use of simple language and easy-to-read charts and graphics in the development code. Monitoring of development trends and refinement of the development code over time to facilitate preferred development character and land use patterns; and Inclusion of flexible development standards and incentive programs that offer multiple options for meeting development requirements. Menu-based options provide choice and flexibility to developers while ensuring new development meets the City's policy goals. r. The amendments are consistent with the Comprehensive Plan. s. Public comments were received and considered by the Planning Commission. 8. During the duly noticed hearing of January 16, 2026, the Planning Commission recommended the following specific Findings of Fact: a. Pursuant to 15.240.070 Staff Report, the report included the staff recommendation on the proposed amendments. Staff recommended that after the public hearing, the Planning Commission create recommendations to the City Council, using the criteria set forth in MLUDC 15.240.080(B). b. Pursuant to 15.240.080 (A) Planning Commission Recommendation on Docketed Amendments, the Planning Commission held a public hearing on the applications included on the Final Docket and made a recommendation to the City Council on each proposed amendment to approve using the criteria set forth within the section, as applicable. c. Pursuant to 15.240.080 (B) Planning Commission Recommendation on Docketed Amendments, the proposed amendments to the development regulations were reviewed under the criteria to develop findings and conclusions to support a recommendation. d. No known circumstances related to the proposed amendment(s) have substantially changed since the adoption of the City’s comprehensive plan. The substantial change from the 2021 Comprehensive Plan occurred with the amendment to organize the development regulations of the Municipal Code into the Unified Development Code. Although consistent with the Comprehensive Plan, the Unified Development Code update anticipates regular amendments to meet State legislation, new information, and community trends / needs. e. New information necessitates the needs for the amendments which do not alter the Comprehensive Plan but supports logical amendments. FINAL COML City Council 4-14-26, Page 8 of 239 f.The amendments are in the interest of furtherance of the public health, safety, comfort, convenience, and general welfare. Specifically, the amendments reflect a collection of changes that have been found during the daily interaction of using the October 4, 2024 MLUDC and reviewing projects, proposals, interpretations and other varied land use actions to empower the betterment of the process, ease of use of the Unified Development Code and resolution to perceived or direct conflict. These types of amendments will continue as the Code is tested, monitored, and updated (deployed). Additionally, these amendments are a part of regular review, incorporation of new technology, addressing industry standards, meeting state regulations, ensuring safety, and achieving community desire (meeting the Comprehensive Plan) 9. On February 17, 2026 and March 10, 2026, the City Council conducted two study sessions of the Planning Commission recommended amendments for review and deliberation, and 10. The Washington State Department of Commerce provided a comment letter on February 12, 2025, identifying general acceptance of the draft Comprehensive Plan and Unified Development Code Amendments with a number of suggested language changes. those comments were considered and changes incorporated as determined appropriate by the City Council, and. 11. The Washington State Department of Fish and Wildlife provided a comment letter on February 20, 2025. The comments within the letter were considered and changes incorporated as determined appropriate by the City Council, and 12. The City Council is deferring Docket item No. 38 to special committee. This specific amendment is regarding Chapter 15.310 Subdivision permit submittal - preliminary engineering. The Council desired additional review due to the different points raised by staff that included differing recommendations from that of the Planning Commission. The differences included, but are not limited to the following: a.Submittal of technical information for a preliminary subdivision is the time for review and changes. After this timeline and at the time of final subdivision submittal, the opportunity to make changes is closed. b.RCW 58.17.110 requires a City make written findings for a preliminary subdivision that: “(a) Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and (b) the public use and interest will be served FINAL COML City Council 4-14-26, Page 9 of 239 by the platting of such subdivision and dedication.” Without plans as prepared by a qualified party (typically engineer), the City will not be able to meet the RCW., and 13. Pursuant to 15.240.100 Review of Amendments to Development Regulations (D), the City Council will review the Planning Commission recommendations and the criteria set forth in MLUDC 15.240.080(B) and take action on each proposed amendment to the development regulations. Council may reject or accept in whole or part the Planning Commission’s recommendations. All amendments shall be approved by ordinance by the City Council, and 14. The City Council has reviewed the Planning Commission recommendation, concurs with the recommendation, and hereby adopts the findings within the recommendation, and 15. The City Council finds that the procedural and substantive requirements of the State Environmental Policy Act have been completed, and 16. The City Council finds that the procedural requirements of RCW 36.70A have been complied with, and 17. The City Council finds that the proposed amendments are consistent with the City of Moses Lake Comprehensive Plan, and 18. The City Council finds that the proposed amendments are consistent with the requirements of the Revised Code of Washington, and the Washington Administrative Code, and 19. The City Council finds that the proposed amendments have been reviewed and processed in accordance with the requirements of Chapter 15.240 Comprehensive Plan and Development Regulation Amendments and MLUDC 15.205.070 Type IV Applications: Legislative. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Recitals Incorporated. The Recitals set forth above are hereby adopted and incorporated as Findings of Fact of the City Council. Section 2. Additional Findings. The Council may adopt further additional findings after the public hearing is held and evidence presented to the City Council. Section 3. The attached City of Moses Lake Unified Development Code amendments are FINAL COML City Council 4-14-26, Page 10 of 239 hereby adopted. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court, board or tribunal of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. Enforcement. Violations of this ordinance are enforceable to the same extent as other violations of Title 15 MLUDC and are equally subject to injunctive and other forms of civil relief that the City may seek. Section 6. Conflict. In the event that there is a conflict between the provisions of this ordinance and any other City ordinance, the provisions of this ordinance shall control. Section 7. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on _____________, 2026. ________________________________________ Dustin Swartz, Mayor ________________________________ __________________________________ Vote: Date Published: April 20, 2026 Date Effective: April 25, 2026 FINAL COML City Council 4-14-26, Page 11 of 239 Page 1 of 51 Exhibit 1 Chapter 13.15 WATER RIGHT TRANSFERS Docket No. 22. Amendment to 13.15.040 water right transfers at time of Building Permit exemptions for ADU and reduction for duplex to fourplex. 13.15.040 Building Permits: Proposed Amendment (Previous section remains unaltered) Upon application for a building permit that involves the providing of municipal water service by the City, the applicant shall transfer water rights associated with the property to the City, subject to the provisions in Section 13.15.080. Alternatively, at the election of the City, the applicant and City may enter into an agreement to transfer the water rights to the City at a later time. The purpose of this deferment provision is to accommodate potential delays encountered in the process to transfer the water rights to the City, or the continued use of the water rights associated with uses in existence at the time of the application and anticipated to continue until further development of the property that is the subject of the application. As part of the agreement, the City may require: (A) the applicant to acquire adequate water rights and transfer the same to the City, and/or (B) the applicant to deposit an amount of money into the City water fund not to exceed the payment in lieu of transfer provided in Section 13.15.050, which sum is refundable, without interest, in the event there is a successful transfer of water rights pursuant to the agreement referred to herein. As part of the determination made pursuant to this section, the City shall take into consideration, and may provide appropriate credit to the applicant, if the property identified by the applicant in the action triggering the application of this chapter has previously complied with the provisions of this chapter and: (1) water rights associated with said property were previously conveyed to the City, or (2) a payment in lieu was made by the applicant to the City and the funds have not been refunded by the City. The calculations of transfer water rights shall be applied to development per Equivalent Residential Unit (ERU) and will be transferred or payment in lieu of transfer at a minimum ½ (one half) ERU. Fractions shall be rounded up to the nearest full or ½ unit. The City may hold and/or reserve ERU credit for an existing City ERU attached to the property. This reservation is at the sole discretion of the City. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 12 of 239 Page 2 of 51 Chapter 16.02 BUILDING PERMITS Docket No. 21. Amendments to strike 16.02.040 and16.02.110. Amendments to 15.705 Community Design Standards and 15.710 Project Design Standards to add extension / connection requirements for water, sewer and stormwater with exemptions and processing a (DA). Amendments to 15.705, 15.710, and/or 15.305.020 Lot of Record Determination to add allowance of building permit on unplatted property with existing infrastructure meeting City standards. Chapter 16.02 Building Permits Proposed Amendment (Previous section remains unaltered) 16.02.040 Reserved Unplatted Areas: No building permit or other development permit shall be issued for any lot, tract or parcel of land divided in violation of Chapter 58.17 RCW or the platting ordinances and regulations of the city. No building permit or other development permit shall be issued for any unplatted property not otherwise permitted to be issued a building permit unless the City Council finds that the public interest will not be adversely affected by the issuance of such a permit. The standards to determine if the public interest will be adversely affected includes but is not limited to consideration of the installation or existence of adequate sewer and water, conformance to lot size requirements, existence of street, sidewalk and curb improvements, access to the site, all as respects the proposed building site and the surrounding area. The City Council may condition the issuance of a building permit on unplatted land on the installation or completion of such utility, street and sidewalk improvements or other conditions as the City Council upon recommendation of staff shall deem appropriate. The City Council shall make the grant of the privilege to build on unplatted land specific as to the proposed building activity and personal to the applicant. The grant of such privilege shall expire if a building permit is not obtained within six (6) months of the adoption of the resolution provided for herein unless the applicant requests and obtains an additional thirty (30)day extension from the Community Development Director. Any request for the thirty (30) day additional extension must be submitted in writing to the Community Development Director prior to the expiration of the six (6) month limitation period. The Community Development Director has the discretion to grant the additional extension only when no significant development code changes have occurred or will occur during the extension period, there is demonstrable proof of substantial progress made by the applicant, and the request serves the public health, safety and welfare. No more than one (1) thirty (30) day additional extension may be granted to any applicant. The City Council shall only direct the issuance of such a permit by a resolution of the City Council. The following construction is exempt from City Council resolution: FINAL COML City Council 4-14-26, Page 13 of 239 Page 3 of 51 A. Remodeling of an existing, conforming building. B. Construction of a temporary structure. C. Fences. D. Signs. (Subsequent section remains unaltered) (Previous section remains unaltered) 16.02.110 ReservedPlatting Deemed Insufficient – When: A. Property located within the city which is presently platted and which property was platted without the extension or provision of City water, City sewer, storm sewer, curb, sidewalk, streets or other improvements through some or all of the lots of the plat shall be deemed to be unplatted for purposes of the issuance of any development permit or building permit. Any lot so affected shall be permitted to develop and a building permit will be issued upon the installation of City water, City sewer, storm drains, curbs, sidewalks, streets, and other improvements to community standards, including fire protection devices, or upon the posting of security in an amount approved by the City, which is equal to the estimated cost of the extensions and/or improvements remaining to be installed through the lot, in a form acceptable to the City Attorney to insure the construction of the required improvements and extensions at the same time as construction of the building for which the building permit was issued or at the time of the improvement of the affected lot. B. Any property owner can make application to the City Council for a waiver, deferral, or deviation from or of the requirement to install improvements. A waiver, deferral, or deviation from or of the requirement to install improvements shall not be granted unless the City Council finds that because of the nature of the property, its topography, the conditions or nature of the adjoining areas or the existence of unusual physical conditions, the requirement to install improvements would cause an unusual and unnecessary hardship on the property owner. In granting a waiver, deferral or deviation from or of the requirements to install improvements, the City Council may require such conditions as will secure the objectives of the requirement waived, deferred, or deviated. Any waiver, deferral, or deviation authorized shall be entered in the minutes of the Moses Lake City Council together with the circumstances that justify the waiver, deferral, or deviation granted. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 14 of 239 Page 4 of 51 Chapter 15.105 DEFINITIONS Docket Numbers varied and No. 6. Amendment to 15.105.009 “Industry, Heavy” match number and add “primary” Docket No. 35. Amendment to Chapter 15.105 to add “environmental and/or industrial cleanup” to Light Industrial definition. 15.105.003 C Definitions: Proposed Amendment (Previous definition remains unaltered) “Casino, mini” means a business which provides gambling and gaming as a source of its revenue, which may include food and beverage sales for consumption on the premises as a secondary part of its business activity. “Punchboards, pull tabs, bingo, or similar social games” defined by Chapter 9.46 RCW. (Subsequent definition remains unaltered) 15.105.009 I Definitions: Proposed Amendments (Previous definition remains unaltered) “Industry, Heavy” means industrial uses that are not specifically defined elsewhere in the MLUDC, that can be described asin one of the following four ways: pPrimary processing or manufacturing or repair operations not specifically defined elsewhere in the MLUDC or this definition. For illustrative purposes, heavy industrial uses include (if they meet the thresholds of this definition), but are not limited to: (Subsequent definition remains unaltered) Proposed Amendment (Previous definition remains unaltered) “Industry, Light” means a category of uses that involves research and development, assembly, remanufacturing, compounding, packaging, testing, or treatment of products, generally from previously prepared materials or components, with limited outside storage and limited truck traffic, external impacts, or risks, such that the use is not defined as "Heavy Industry". Light industry also includes wholesaling, warehousing, and distribution uses that involve fewer than 12 truck trips per day. For illustrative purposes, light industrial uses may include: • Assembly, testing, repair, or refurbishing of products, instruments, electronics, office and computing machines, and fixtures using pre-manufactured components; FINAL COML City Council 4-14-26, Page 15 of 239 Page 5 of 51 • Offices of general contractors; specialty subcontractors; tradesmen; or telecommunications providers which include: o Overhead door access to indoor storage of tools, parts, and materials; o Parking of commercial vehicles or a fleet of cars, vans, or light trucks that are used in the business; or limited outdoor storage areas; • Food production (e.g., commercial kitchen or bakery) and packaging, but not meat processing involving butchering of large animal carcasses; • Medical marijuana-infused products manufacture; or • Environmental and/or industrial cleanup • Restaurants; (Subsequent definition remains unaltered) 15.105.013 M Definitions: Proposed Amendment (Previous section remains unaltered) “Morgue” means a building, or a room in a hospital or separate structure, where dead bodies are kept to be examined or until buried. (Subsequent section remains unaltered) 15.105.019 S Definitions: Proposed Amendment (Previous definition remains unaltered) “Sign, Off-Premises” means a sign related in its subject matter to some premises or lot other than the premises or lot on which the sign is located means a sign advertising or promoting merchandise, service, goods, or entertainment sold, produced, manufactured, or furnished at a place other than on the property where the sign is located and located in relation to the place. “Sign, Directional (traffic)” means a sign which only identifies a business or activity and directs traffic to that business or activity. “Sign, Off-Premises Directional” means a sign which only identifies a business or activity and directs traffic to that business or activity at a premises or lot other than on the premises or lot where the sign is located. (Subsequent definition remains unaltered) 15.105.026 Z Definitions: FINAL COML City Council 4-14-26, Page 16 of 239 Page 6 of 51 Proposed Amendment (Previous definition remains unaltered) “Zero Lot Line Home” means a residential dwelling in which the structure adjacent to side property line (Subsequent definition remains unaltered) FINAL COML City Council 4-14-26, Page 17 of 239 Page 7 of 51 Chapter 15.205 PERMIT REVIEW PROCESS TYPES Docket No. 20. Amendments to 15.205.020 and 15.320.090 to clarify decision type for Binding Site Plans to Type II permit. 15.205.020 Assignment of Development Applications to Decision Type: A. Assignment by Table. Land use and development applications shall be classified and processed pursuant to their designation in Table 15.205.020 below: Table 15.205.020. Application and Permit Type Proposed Amendment Type Land Use and Development Application MLUDC Cross-Reference Type I Binding Site Plan – Individual Lots 5-acre Segregations 15.320.090 MLUDC Chapter 15.315 (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 18 of 239 Page 8 of 51 Chapter 15.235 VARIANCES Docket No. 31. Amendment to 15.235.010 Administrative Variance to expand list to include “Building Design Standards.” 15.235.010 Administrative Variance: B. Administrative Variance Parameters. An Administrative Variance may be requested for any of the following standards when the request is within the corresponding parameter. Any request for a variance that does not fall within the following parameters is a Quasi-Judicial Variance subject to the requirements of MLUDC 15.235.020. Proposed Amendment (Previous section remains unaltered) 7. Building Design Standards. An Administrative Variance may be granted up to ten percent (10%) of the dimensional standards within Section 15.410.040 High Density and Mixed Use Residential (R-3). An Administrative Variance may be granted up to twenty percent (20%) of the dimensional standards within Section 15.420.020 Commercial and Mixed Use Design and Section 15.420.030 Commercial Design. The percent may be an increase or decrease to the dimensions listed in the sections subject to the request and criteria for approval. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 19 of 239 Page 9 of 51 Chapter 15.240 COMPREHENSIVE PLAN AND DEVELOPMENT REGULATION AMENDMENTS Docket No. 50. Amendment to 15.240.040 Docket of Proposed Amendments for the City Council to create the Docket (single action) and subsequent processing for the Planning Commission. 15.240.040 Docket of Proposed Amendments: Proposed Amendment (Previous section remains unaltered) A.Preliminary Docket. A preliminary docket shall be maintained by the Director, which shall consist of the following: 1.All applications submitted before the March 31st deadline to amend the comprehensive plan; 2.All amendments suggested during the year by citizens, the Planning Commission, Hearing Examiner, City Council, staff, Departments, or other agencies. B.Planning Commission Recommendation on Final Docket. The Planning Commission shall hold a noticed public hearing to accept public comment regarding the suggested amendments on the preliminary docket. Following the hearing, the Planning Commission shall prepare a report and recommendation identifying those suggested amendments that it is recommending for consideration by the City Council during the annual amendment process. The Planning Commission’s recommendation shall be based upon the perceived need, urgency, and appropriateness of each suggested amendment. The Planning Commission’s report and recommendation shall also include those proposed amendments resulting from its periodic assessment as applicable. C.B. City Council Adoption Creation of Final Docket. During the annual amendment process, the City Council shall hold a noticed public hearing to accept public comment regarding the suggested amendments on the preliminary docket. Following the hearing, tThe City Council shall review and consider the Planning Commission’ report and recommendedcreate the final docket. The City Council may adopt the Planning Commission’s recommended final docket without a public hearing; however, in the event that a majority of the City Council decides to add or subtract suggested amendments, it shall first hold a public hearing. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 20 of 239 Page 10 of 51 Chapter 15.305 GENERAL PROVISIONS Docket No. 46. Amendments to 15.305.050 Design Standards and Guidelines Adopted by Reference Standards Adopted by Reference to include Community Street and Utility Standards and Mapping Standards Manual. Docket No. 23. Amendment to 15.305.040 to add RCW 58.17.040 with “anti-land-lock” provision (Use common terms “Five (5)-acre segs” as applicable) 15.305.010 Purpose: Proposed Amendment (Previous section remains unaltered) E.Protect and preserve the public health, safety, and general welfare in accordance with the standards established by the City and the State of Washington which include, but is not limited to adherence with Chapter 15.705 Community Design Standards and 15.705.010 Compliance with Standards and Guidelines. (Subsequent section remains unaltered) 15.305.040 Exemptions: Proposed Amendment (Previous section remains unaltered) This Part shall not apply to the divisions listed in RCW 58.17.040, except boundary line adjustments shall be approved in accordance with MLUDC Chapter 15.315 and divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger shall be approved in accordance with MLUDC Chapter 15.315. The exemptions provided herein shall not be construed as exemptions from compliance with all other applicable standards required by the City and State. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 21 of 239 Page 11 of 51 Chapter 15.310 SUBDIVISIONS Docket No. 19. Amendment to 15.320.050 (3) and 15.310.060 final subdivision process (C) (3) to strike from the City Finance Director indicates, add “stating,” and strike included in the binding site plan. Docket No. 38. Amendments to 15.310.010 Preliminary Subdivision Application, 15.310.020 Preliminary Subdivision Approval Process, and 15.310.030 Preliminary Subdivision Approval Criteria regarding clear “Site Plan” (preliminary engineering for infrastructure – access, sewer, and water to serve each lot). Docket No. 47 & 48 Amendment to add requirement for street names Prior to Final Subdivision application & Amendment to add lot addressing Prior to Final Subdivision application. Docket No. 36. Amendment to 15.310.020 Preliminary Subdivision Approval Process to be consistent with 15.310.070 Final Decisions and Notice of Decision, as applicable. Docket No. 38 has been moved to Council committee. 15.310.010 Preliminary Subdivision Application: Applications for a preliminary short or major subdivision shall contain the following: Proposed Amendment (Previous section remains unaltered) F. Preliminary subdivision plat drawing prepared by a licensed land surveyor meeting the Department standards and including the following elements: (Subsequent section remains unaltered) (Previous section remains unaltered) 2. All existing and proposed easements and public or private roadsstreets, including adjacent streets with existing and proposed street names; all existing structures; elevations shown by contour lines at intervals of five feet or less for ground slopes exceeding three percent; approximate location of all natural features including but not limited to critical areas. (Subsequent section remains unaltered) 15.310.020 Preliminary Subdivision Approval Process: Proposed Amendment (Previous section remains unaltered) C. Timing. 1. The application for a preliminary subdivision shall be approved, disapproved, or returned to the aApplicant for modification or correction within ninety (90) days of the date of filing of a complete application, or within ninety (90) days after the issuance of FINAL COML City Council 4-14-26, Page 22 of 239 Page 12 of 51 a final environmental impact statement, if required, whichever is later, unless the Applicant consents to an extension of such time period in accordance with RCW 58.17.140. (Subsequent section remains unaltered) 15.310.060 Final Subdivision Application: Applications for a final short or major subdivision shall contain the following: C. Final Plat Map. Copies of the final subdivision plat map prepared by a licensed land surveyor of the State of Washington, meeting the Department standards, and showing the same information as required under MLUDC 15.310.040, modified to include: Proposed Amendment (Previous section remains unaltered) 3. A certificate from the City Finance Director indicating that all assessments on the property included in the final subdivision or dedication have been paid; 43. Signature blocks for approval by the Director, City Engineer, the City Manager, and irrigation district representative, where applicable, and date thereof, when the development complies with all conditions; and 54. A notarized acknowledgment by the property owner(s) and mortgagee(s), if any, of the approval of the final subdivision plat and the dedication of streets and other public places. 5. Approved street names compliant with Chapter 12.32 Addresses and Street Names (Subsequent section remains unaltered) 15.310.070 Final Subdivision Approval Process: Proposed Amendment (Previous section remains unaltered) D. Timing. 1. The application for a final subdivision shall be approved, disapproved, or returned to the aApplicant for modification or correction within thirty (30) days of the date of filing of a complete application unless the Applicant consents to an extension of such time period in accordance with RCW 58.17.140. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 23 of 239 Page 13 of 51 Docket No. 42. Amendment to 15.315.010 Boundary Line Adjustment/Lot Consolidation Application to add “A plat certificate from a title company licensed to do business in the State of Washington, confirming that the title of the lands corresponds with the owners described and shown on the record of survey and application.” Docket No. 43. Amendment to 15.315.040 Boundary Line Adjustment/Lot Consolidation Final Approval and Recording to allow for a longer time frame (90-days) with one extension of 90-days. Proposed Amendment Chapter 15.315 BOUNDARY LINE ADJUSTMENT, AND LOT CONSOLIDATION AND DIVISIONS OF LAND INTO LOTS OR TRACTS EACH OF WHICH IS ONE-ONE HUNDRED TWENTY-EIGHTH OF A SECTION OF LAND OR LARGER, OR FIVE ACRES Sections: 15.315.010 Boundary Line Adjustment/Lot Consolidation/Divisions of land into lots or tracts each of which is five acres or larger Application. 15.315.020 Boundary Line Adjustment/Lot Consolidation/ Divisions of land into lots or tracts each of which is five acres or larger Approval Process. 15.315.030 Boundary Line Adjustment/Lot Consolidation Approval Criteria. 15.315.035 Divisions of land into lots or tracts each of which is five acres or larger Approval Criteria 15.315.040 Boundary Line Adjustment/Lot Consolidation /Divisions of land into lots or tracts each of which is five acres or larger Final Approval and Recording. (Subsequent section remains unaltered) 15.315.010 Boundary Line Adjustment/Lot Consolidation Application: Applications for a boundary line adjustment or lot consolidation shall contain the following: Proposed Amendment (Previous section remains unaltered) G. A plat certificate from a title company licensed to do business in the State of Washington, including, but not limited to, confirming that the title of the lands corresponds with the owners described and shown on the record of survey and application. (Subsequent section remains unaltered) New subsection (Proposed Amendment) (Previous section remains unaltered) FINAL COML City Council 4-14-26, Page 24 of 239 Page 14 of 51 15.315.035 Divisions of land into lots or tracts each of which is five acres or larger Approval Criteria: The following criteria shall be used to review and approve divisions of land into lots or tracts each of which is five acres or larger: A. The divisions of land into lots or tracts each of which is five acres or larger shall not create a lot or unplatted tract that does not meet the requirements of the MLUDC, including but not limited to dimensional requirements. B. The area boundaries shall be a minimum of 5-acres of area for each lot or tract. For purposes of computing the size of any lot under this determination which borders on a street or road, the lot size shall be expanded to include that area that would be bound by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line. C. The divisions of land into lots or tracts each of which is five acres or larger shall demonstrate public access and infrastructure connectivity to ensure that such lots or tracts shall not be land locked nor lack public service (including, but not limited to, public streets, sewer, water, and fire protection) that support the new lots or tracts. D. An annotation shall appear on the face of the record of survey: a. Pursuant to RCW 58.17.040(2), these lots are created through a process exempt from the requirements of RCW 58.17. Each lot will be subject to a determination of adequate infrastructure available, and necessary dedicated rights of way for infrastructure, prior to the approval of a future building permit, subdivision or short subdivision application including compliance with, and not limited to, MLUDC Chapter 15.705. b. The owners of property described herein do acknowledge and hereby agree to hold City of Moses Lake harmless in any action arising as a result of this exempt segregation. c. The owner(s) of all the property described herein do hereby acknowledge and agree to hold the City of Moses Lake harmless in any cause of action arising out of the divisions of land into lots or tracts each of which is five acres or larger or recordation of same. E. The divisions of land into lots or tracts each of which is five acres or larger shall comply with applicable land use regulations. F. The divisions of land into lots or tracts each of which is five acres or larger shall not increase the nonconforming aspects of an existing nonconforming lot or structure G. The divisions of land into lots or tracts each of which is five acres or larger will not diminish or impair existing or future drainage, water supply, sanitary sewage disposal (including on-site sewage disposal), or legal access. FINAL COML City Council 4-14-26, Page 25 of 239 Page 15 of 51 H. The divisions of land into lots or tracts each of which is five acres or larger shall not violate or be inconsistent with any conditions of approval for a previously filed land use action, subdivision, short plat, or binding site plan. I. If the divisions of land into lots or tracts each of which is five acres or larger may result in a lot having more than one land use designation or zoning or result in being bisected by any special overlay, then the lot or tract shall be evaluated to ensure that the bisection does not result in a non-conforming land use. The applicant shall provide detailed evaluation to the Director with the application and approval is at the sole discretion of the Director upon demonstration that the bisection conforms with the MLUDC. J. The divisions of land into lots or tracts each of which is five acres or larger each of shall not result in a lot, or lots, not wholly located within the City limits. K. The divisions of land into lots or tracts each of which is five acres or larger shall not result in a lot which would be so constrained by topography, critical areas or buffers, unusual shape, or other site conditions that a reasonable building site cannot be obtained except through a variance, reasonable use exemption from a critical areas permit, or other special exemption from the MLUDC. (Subsequent section remains unaltered) 15.315.040 Boundary Line Adjustment/Lot Consolidation Final Approval and Recording: Proposed Amendment (Previous section remains unaltered) The Director will provide a decision in writing to the Applicant. The Applicant must submit the deed(s) reflecting the new legal description(s), excise tax affidavit, and recording fees to the Department within thirty (30)ninety (90) calendar days of the decision for recording with the Grant County Auditor’s Office by the Department. Upon request and prior to the expiration of the ninety (90) days, an additional ninety (90) extension request may be granted by the Director. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 26 of 239 Page 16 of 51 Chapter 15.320 BINDING SITE PLAN Docket No. 17 18. Amendment to 15.320.020 Binding Site Plan to include specifics for “preliminary engineering plans” and clarify section “a” regarding a run-on sentence Amendment to 15.320.020 Binding Site Plan to add private commercial and industrial road standards. 15.320.020 Binding Site Plan Application: Proposed Amendment (Previous section remains unaltered) G. Preliminary engineering plans including, but not limited to, water, sewer, streetlights, roadsstreets, stormwater facilities, fire protection devices with sufficient water storage and flows, and sidewalks. 1. Preliminary engineering plans shall be commonly known as 30% engineered plans that lay out all facilities proposed to serve the development meeting engineer standards and specifications. 2. Public infrastructure shall meet the Community Street and Utility Standards. 3. Mapping shall meet the March 2025 Mapping Standards Manual. 1.4. Private streets shall be of two types: A) Industrial and B) Commercial 2.5. Application to Private Streets. Although community street requirements are usually best served by public streets owned and maintained by the city, private streets may be appropriate for some local access streets for either commercial or industrial property. These standards apply to private streets as part of the city’s responsibility to ensure adequate access for normal and emergency vehicle use to individual parcels throughout the city. 6. Private streets are permitted only when all of the following conditions are met: a) Private streets shall be allowed only for such streets that have no public interest for traffic circulation and are to be built in accordance with the standards adopted herein. Private streets are not allowed when in conflict with the adopted road circulation plans or studies. b) Permanently established by tract or easement providing legal access to each affected lot, or business and sufficient to accommodate required improvements, to include provision for future use by adjacent property owners when applicable. c) For private streets, constructed to standards as set forth herein; and for public streets constructed to Community Street and Utility Standards. Private streets shall meet the requirements of private streets located in the engineering FINAL COML City Council 4-14-26, Page 27 of 239 Page 17 of 51 standards within this chapter and have an average daily traffic count (AADT) of 160 or less vehicles per day utilizing current ITE guidelines. d) Accessible at all times for emergency and public service vehicle use. e) Not obstructing, or part of, the present or future public neighborhood circulation or arterial plan developed in processes such as the comprehensive plan, or capital improvement plan. f) Designed for (AADT) of 160 or less vehicles per day utilizing current ITE guidelines. New private streets directly accessing a city street that will generate more than 160 AADT will be permitted only by approval of the city engineer and will be required to meet the appropriate city street standards contained within Community Street and Utility Standards. There is no maximum AADT provision if a new development is served by an extension of, or spur off, an existing private street; however, should such existing private street be less than the standards considering the current and proposed AADT, the new development may be denied unless a lower level of improvement has been approved by the city engineer or the applicant assumes responsibility for bringing the existing private street serving the new development up to these standards. g) Maintained in accordance with these standards by a capable and legally responsible owner, homeowner’s association or other legal entity made up of all benefited property owners. A written street maintenance agreement addressing the rights and responsibilities of all benefited property owners shall be approved by the city prior to final approval of the land development. Said street maintenance agreement shall be recorded and shall become a covenant with the affected properties. The term “benefited property owners” shall include the owners of record of all properties with frontage, including access rights, on the private street or otherwise have legal access, whether constructed or not, to the private street. h) Clearly described as a private street not maintained by the city on the face of the BSP. The city shall not maintain streets or signs within private easements or rights-of-way. The face of the BSP containing a private road shall state the following language: “The City of Moses Lake has no responsibility to improve or maintain the private streets contained within, or private streets providing access to, the property described in this plat.” i) Clearly signed at the street location as a private street. j) Private street signs with street designations shall be provided by the developer at the intersection of private streets with private and public streets. Such signs shall meet the specifications in the engineering standards and, in the case of intersections with public streets, shall either be located within the public right- of-way or a separate easement shall be provided. k) Private streets are the responsibility of the developer to construct in accordance with the criteria of this section. Upon completion of the required FINAL COML City Council 4-14-26, Page 28 of 239 Page 18 of 51 improvements, the developer and his contractor shall notify the Public Works director, and the Public Works director shall inspect the improvements for compliance with the adopted standards. Upon completion of the required improvements, certification by the developer and his contractor shall be required stating that the improvements have been completed in accordance with the adopted standards. , and a H. A schedule of construction and proposed phasing of improvements if the Applicant intends to develop the site in phases. IH. Draft covenants and restrictions for the development including provisions for long-term maintenance for areas and facilities under common ownership. IJ. Concurrency certificate. General design principles for private Industrial and Commercial streets. A. Street Network Circulation. The importance of good street network circulation for the health, welfare and safety of the public cannot be overemphasized. Poor circulation adds unnecessary miles to emergency services such as police and fire and the traveling public. 1. Plans will be reviewed for the provision of the best possible street network circulation and for conformance with the adopted comprehensive plan. The street alignment may necessitate realignment in order to foster the long-range transportation objectives of the city. The inclusion of permanent cul-de-sacs is prohibited as they inhibit street network circulation and are not consistent with the city comprehensive plan. 2. To facilitate the best possible street network circulation, the layout of streets is to provide for the continuation of existing streets in adjoining properties. The location for access to unplatted property shall be placed such that the objectives in these standards can be achieved. Reserve easement strips or tract may be required to prevent unauthorized access until such time as the connecting streets are constructed. 3. All lots within the BSP shall be accessed by means of an internal street network. This network may be public or private but not a mixture of both. B. On-Site Principles. An integrated on-site street system should deliver vehicles from the external street system in a manner easily understood by typical drivers and that maximizes efficiency, accommodates anticipated traffic patterns and ensures public safety. 1. Internal Vehicular Circulation. Internal circulation is the means by which vehicular traffic is delivered between entry points and parking areas, pick- FINAL COML City Council 4-14-26, Page 29 of 239 Page 19 of 51 up/drop-off points, and service areas, and should be planned to accommodate appropriate future traffic volumes. 2.Access Points. Streets and lots shall be laid out to provide individual lot access onto an internal street system, hence via the internal street system to the existing public street system. Direct access to a perimeter street shall normally be denied except for direct access onto a designated local access street. 3.Parking. Parking shall be provided to meet site-generated demands and be consistent with Chapter 15.715. 4.Private Commercial Streets Vehicular Queuing and Storage. a.Access drives should provide adequate vehicular exit queueing. b.Parking areas and access points of developments should be designed so vehicles waiting to exit are aligned perpendicular to the off-site street system. c.Queuing areas of large developments should be sufficient so vehicles queued at exits do not block internal circulation. Exits shall be signalized if warranted by the MUTCD at build out. d.Documentation shall be provided to verify queue lengths for signalized intersections, on-site queueing reservoirs, and off-site left and right- turn lanes. 5.Private Commercial Building Service Drives. Building service drives are streets adjacent to a building and its entrances, and should be designed with sufficient width to serve as one or all of the following: a.Fire and/or emergency vehicle access. b.Pedestrian pick-up/drop-off points. Pedestrian crossings and pick- up/drop-off points should be signed and striped to identify the vehicular/pedestrian conflict. c.Internal circulation. d.Recirculation in parking areas. Recirculation aisles shall have sufficient turning radii, clearances, sight distances and signing. e.Transit passenger pick-up/drop off areas. f.Private Commercial Building Service Drives should not be designed to allow parking to back onto the drive. Rather the drive is the distribution network to the parking aisles and parking areas. 6.Private Commercial Pedestrian, Bus, Bicycle, and Disabled Access Facilities. The overall site plans must consider pedestrians, bus, bicycle, and disabled access facilities. a.Pedestrian Facilities. Pedestrian connections between public transportation facilities and buildings shall be integrated into the FINAL COML City Council 4-14-26, Page 30 of 239 Page 20 of 51 overall project design. Pedestrian facilities shall be designed to reduce the motor vehicle use for trips within the development and between nearby developments. b.Transit Facilities. Appropriate public transportation facilities, such as passenger shelters, ride sharing areas and bus staging areas shall be accommodated adjacent to service drive and entrance areas; at key locations along circulation drives; and at major pedestrian focal points along the external street system as determined by the city and Grant Transit Authority. c.Bicycle Facilities. Facilities for parking bicycles should be provided where bicycle use is expected. Refer to MLUDC 15.715.050. d.Disabled Access Facilities. Access for disabled persons shall be provided in accordance with federal, state and city requirements. 7.Private Commercial Service and Delivery Vehicles. Service and delivery vehicles require separate criteria for movement to and from the site: a.Vehicle turning paths shall be sufficient to accommodate the largest vehicles anticipated, a minimum single unit truck (SU). b.Service vehicle access points shall have turning paths sufficient to allow service vehicles to enter and exit the site without encroaching upon opposing lanes or curbed areas. c.External and internal streets shall have sufficient separation for large vehicles to be queued on entry or exit without blocking access to parking spaces or internal streets. 8.Commercial Private Street Specifications. Commercial Private Street shall meet the following minimums to qualify as a private street and shall adhere to the standards: a.Not be greater than 660 feet in length and designed for (AADT) of 160 or less vehicles per day utilizing current ITE guidelines. b.Serve multiple lots or business c.Not connect to two points of public right of way, excepting for fire lane that serves a single business. d.Constructed to standard engineered principles. e.Have a minimum travel surface of 24 feet in width, not including shoulders. f.Include a defined edge for the travel surface of curb. The type of curb may vary from C-Class to Ribbon as applicable. a.g. Include pedestrian corridor which may be both side standard sidewalk, single side sidewalk, detached pathway, or other City FINAL COML City Council 4-14-26, Page 31 of 239 Page 21 of 51 approved corridor which connects to public right of way to each business entrance. h.Meet the Stormwater Management Manual for Eastern Washington requirements. 9.Industrial Private Street shall adhere to the figure below. (Shall include a minimum of detach five (5) wide asphalt pedestrian connecting corridor, as approved by the City) (Subsequent section remains unaltered) 15.320.050 Binding Site Plan Final Approval: When all conditions of the binding site plan approval are met, including but not limited to the installation of all required improvements, the Applicant shall submit the final binding site plan together with the fee set forth in the adopted fee schedule to the Department for processing and recording. The final binding site plan shall include the following: A.Binding Site Plan Maps. Copies of the final binding site plan prepared by a licensed land surveyor of the State of Washington, meeting the Department standards, showing the same information as required under MLUDC 15.320.040, modified to include: Proposed Amendment (Previous section remains unaltered) 3.A certificate from the City Finance Director indicating that all assessments on the property included in the binding site plan or dedication have been paid; 43.Signature blocks for approval by the Director, City Engineer, and the City Manager, and date thereof, when the development complies with all conditions; and FINAL COML City Council 4-14-26, Page 32 of 239 Page 22 of 51 54.A notarized acknowledgment by the property owner(s) and mortgagee(s), if any, of the approval of the final binding site plan and the dedication of public streets and other public places. (Subsequent section remains unaltered) (Previous section remains unaltered) 15.320.090 Administrative Approval of Individual Lots: Proposed Amendment Once the final binding site plan is recorded, the creation of individual lot(s) other than lots established by the recorded binding site plan may be administratively approved as a Type II decision. The Applicant shall submit a completed application form and the required application fee to the Department. The application must include the following: A.Survey Required. The proposed lot(s) created must be surveyed by a licensed land surveyor and the legal description for the lot must be prepared by the surveyor in accordance with the Survey Recording Act (Chapter 58.09 RCW). All parties having an ownership interest in the property shall sign the exemption application and the survey. B.Compliance with Binding Site Plan. The lot(s) to be created meet the requirements set forth in the recorded final binding site plan. C.Minimum Lot Size. The lot(s) meet the minimum lot size in the zoning district. D.The creation of the lots shall meet 15.320.100 Alteration of Approved Binding Site Plan. The City will provide a decision in writing to the Applicant. The Department shall record the approved survey containing the above information with the Grant County Auditor’s Office. All fees for such recording shall be paid by the Applicant. No sale, lease, or transfer of any created lot shall be completed prior to the recording of the approved survey. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 33 of 239 Page 23 of 51 Chapter 15.325 IMPROVEMENTS Docket No. 26. Amendment to 15.325.040 to clarify “standard sidewalk with alternative pathway.” Docket No. 32. Amendments to 15.325.040 and 15.705.030 to add cul-de-sac standards and applicability with allowance for courts (define court/short cul-de-sac) to wave sidewalk. 15.325.040 Street Design Standards: A. Sidewalks and Street Trees. The following standards are applicable: Proposed Amendment (Previous section remains unaltered) 1. Width. Unless otherwise specified in the referenced guidelines or standards the minimum sidewalk width shall be five feet plus accommodations for applicable stormwater and curb. Standard sidewalks shall be installed for all public streets, excepting for the placement of alternative Mmulti-use pathways,, as designed per Community Street and Utility Standards, shall be used in place of a standard sidewalk for all streets. As part of a Binding Site Plan, private sidewalks shall meet the private street standards; and public sidewalks shall meet the public street standards. (Subsequent section remains unaltered) Proposed Amendment (Previous section remains unaltered) B. Street Design. 3. The Applicant shall be required to design easements and dedications in a manner which facilitates the future development of the region as determined by the Director and in accordance with the Community Street and Utilities Standards and consistent with the City of Moses Lake Comprehensive Plan - Future Streets Map. This shall be accomplished by establishing easements and dedications to the furthest lot line, as well as other similar methods. Cul-de-sacs are prohibited unless authorized by the Director upon consultation with the City Engineer. Permanent cul-de-sacs and dead-end streets are not permitted within new developments except permanent cul-de-sacs may only be permitted where the applicant can demonstrate that the street design provides an acceptable level of network circulation considering the terrain (for example, street ending at a railroad, state route, or canal) and adjacent existing street network and authorized by the Director upon consultation with the City Engineer. Where a permanent cul-de-sac or dead-end street is permitted, the following requirements shall apply: FINAL COML City Council 4-14-26, Page 34 of 239 Page 24 of 51 a. If allowed, permanent cul-de-sacs shall have a minimum right-of-way and street section as specified in Community Street and Utilities Standards, excepting for an alternative design that allows for the waiver of the planter strip and/or sidewalk within the cul-de-sac which provides a greater turnaround radius for emergency service. This alternative shall include crosswalk at terminus when the sidewalk within cul-de-sac is waived. This alternative requires City Engineer and Fire Marshal approvals. b. Permanent dead-end streets in excess of 600 feet are prohibited. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 35 of 239 Page 25 of 51 Chapter 15.405 ZONES, OVERLAY ZONES, AND LAND USE Docket No. 33. Amendments to 15.405.060 and/or 15.405.070 regarding living in an RV with matching camping, campground, living in an RV outside of a campground and private campground topics and distinctions. Docket No. 29. Amendments to 15.405.090 and 15.405.100 (R-1 and R-2) to add and allow differing lot coverage standards. Docket No. 27. Amendment to Chapter 15.405 Zones, Overlay Zones, And Land Use and/or Chapter 15.410 Residential District Standards to reference Fencing- Clearview Triangle 15.725.010. Docket No. 34. Amendment to Table 15.405.070 to add “casino” / small “gambling” with separation standard from schools, churches, and other youth / community activities. Docket No. 39. Amendment to 15.405.060 Residential Land Uses by Zone to require commercial use on the ground floor for Mixed Use Residential Development including a “percent” ground floor for ADA unit(s). Docket No. 40 41. Amendment to 15.405.070 Nonresidential Land Uses by Zone to add "Light Vehicle Retail Sales or Rentals, including passenger vehicles excluding heavy" with a distinction from "Heavy vehicle sales or rental, including tractor trailers, RV’s, implements, etc.". AND add “morgue” with adding a definition of “morgue.” Docket No. 44. Amendment to 15.405.110 to add lot dimensions to R-3 (lot width and depth) for single family development. Docket No. 45. Amendments to 15.405.110 High Density Residential (R-3) Standards, Table 15.405.060 Residential Land Uses by Zone, and 15.105.026 to allow for “Zero Lot Line Home” within R-1, R-2, and R-3 for interior lots only. 15.410.050 General Residential Performance Standards: Proposed Amendment (Previous section remains unaltered) I. Fencing shall adhere to Chapter 15.725 Fences, Screening, and Refuse Storage Standards (Subsequent section remains unaltered) 15.405.060 Residential Land Uses by Zone: Proposed Amendment Land Use Zones MLDUC Reference Residential Commercial and Mixed Use Industrial Public R-1 R-2 R-3 C-1 C-1A C-2 L - I H-I P (Previous section remains unaltered) FINAL COML City Council 4-14-26, Page 36 of 239 Page 26 of 51 R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P RV Parks (for housing) (7) P 15.415 (Subsequent section remains unaltered) (Previous section remains unaltered) R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P Multifamily Residential (8) P P(L ) P(L) C 15.410 15.415 L – Accessory Use on second floor (Subsequent section remains unaltered) (Previous section remains unaltered) R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P Mixed Use Residential Development (8) P P P P 15.410 15.415 (Subsequent section remains unaltered) (Previous section remains unaltered) Zero Lot Line Home P P P 15.410 15.415 (Subsequent section remains unaltered) Development conditions (footnotes) Proposed Amendment (Previous section remains unaltered) 7 Camping, campground, living in an RV outside of a RV Parks for housing is further regulated by Chapter 9.18 Camping and Campground, private Chapter 15.645 RV Parks. 8 Multifamily Residential shall not be located or operated on the ground floor of buildings in the Downtown Zone C-1 or C-1A, excepting for ADA and/or Washington Barrier free residential units which may be allowed up to 20% of the floor space or a single unit whichever is greater, These facilities may not be located or operated on the ground floor of buildings in the Downtown Zone. FINAL COML City Council 4-14-26, Page 37 of 239 Page 27 of 51 (Subsequent section remains unaltered) (Previous section remains unaltered) (Subsequent section remains unaltered) 15.405.070 Nonresidential Land Uses by Zone: Proposed Amendment Land Use Zones MLDUC Reference Residential Commercial and Mixed Use Industrial Public R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P Commercial Uses (Previous section remains unaltered) R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P Mini-casinos (9) P Punchboards, pull tabs, bingo, or similar social games (10) P P P FINAL COML City Council 4-14-26, Page 38 of 239 Page 28 of 51 R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P Restaurant C (3) C (3) C (3) P P P P CUP and under 2,000 sq ft Office, Personal Services C (3) C (3) PC (3)(L) P P P C L -Size, location, 2nd floor and defineCUP and under 2,000 sq ft Retail Sales and Services C (3) C (3) C (3) P P P P C CUP and under 2,000 sq ft (Subsequent section remains unaltered) (Previous section remains unaltered) Industrial Uses (Previous section remains unaltered) R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P Heavy vehicle sales or rental, including tractor trailers, RV’s, implements, etc. P P P Light Vehicle Retail Sales or Rentals, including passenger vehicles C C P P P (Subsequent section remains unaltered) Governmental, Utility, and Wireless Communication R-1 R-2 R-3 C-1 C-1A C-2 L-I H-I P Morgue C C P P P P (Subsequent section remains unaltered) (Previous section remains unaltered) Development conditions (footnotes) (Previous section remains unaltered) (3)Restaurants in the residential zones shall be no larger than 2,000 sq ft.Restaurants, Personal Services Office(s), and Retail Sales and Services in the residential zones shall be no larger than 2,000 sq ft.. Restaurants, Personal Services Office(s), and Retail Sales and Services in the residential zones shall primarily serve the everyday needs of the residents FINAL COML City Council 4-14-26, Page 39 of 239 Page 29 of 51 within the immediate geographic area and contribute to the overall well-being and character of the neighborhood; and generally do not attract significant customers from outside the area (for example, family-owned grocery stores or markets, local pharmacies, neighborhood cafes or restaurants, barber shops or hair salons, small hardware stores, daycare centers and local artisan shops and bookstores). Restaurants, Personal Services Office(s), and Retail Sales and Services in the residential zones shall meet the following: a) Drive-through window shall meet the standards contained within the C- 1 zoning district standards (15.405.070 15.715.020), b) Be located on the second floor for multi story buildings, c) Orient the front of the building away from existing residences unless determined by the Director, d) Provide for pedestrian access and walkability within the neighbohoodr, e) Not located on Local Street. When located on a Minor Collector, the property must be a corner lot. (Subsequent section remains unaltered) (Previous section remains unaltered) 9. The following regulations shall apply to mini-casinos: A. The space devoted to gambling and gaming activity and support services (i.e., security) shall not be more than eight thousand square feet. Other incidental uses such as restaurant or nightclub uses shall not be restricted by the eight thousand square feet limitation if no gambling or gaming activity occurs within such space. B. Mini-casinos shall be located in: a. A freestanding building; or b. A unit in a larger development; provided, that the mini-casino is separated from all other uses by a lobby or similar open space or common area from adjacent units in the development, and that there are no other mini-casinos located on site. C. Mini-casinos shall not be permitted within 1,000 feet of schools, churches, parks and other youth / community activities or facilities as measured by traveled way. 10. The following regulations shall apply to punchboards, pull tabs, bingo, or similar social games: A. Bingo and similar gaming activity is allowed in churches and community centers (Subsequent section remains unaltered) 15.405.090 Low Density Residential (R-1) Standards: FINAL COML City Council 4-14-26, Page 40 of 239 Page 30 of 51 Table 15.405.090. R-1 Building Dimensional Standards Proposed Amendment (Previous section remains unaltered) R-1 Building Dimensions Standard Reference (Previous section remains unaltered) Maximum Lot Coverage for Structures 70% (Subsequent section remains unaltered) 15.405.100 Medium Density Residential (R-2) Standards: Table 15.405.100. R-2 Building Dimensional Standards Proposed Amendment (Previous section remains unaltered) R-2 Building Dimensions Standard Reference (Previous section remains unaltered) Maximum Lot Coverage for Structures 70% (Subsequent section remains unaltered) 15.405.110 High Density Residential (R-3) Standards: Table 15.405.110. R-3 Building Dimensional Standards Proposed Amendment R-3 Building Dimensions Standard Reference (Previous section remains unaltered) Minimum Lot Width (2) (4) 40 feet (25 on curves and cul-de-sac) Minimum Lot Depth (4) 75 feet (Subsequent section remains unaltered) Notes: (Previous section remains unaltered) (4). The minimum lot width, depth, and size may be reduced in a subdivision as long as the average of all of the lot sizes within the subdivision remains equal to or above the minimum FINAL COML City Council 4-14-26, Page 41 of 239 Page 31 of 51 lot size. All lots must comply with all other requirements, including but not limited to minimums set forth in Title 16 MLMC, Buildings and Construction. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 42 of 239 Page 32 of 51 Chapter 15.410 RESIDENTIAL DISTRICT STANDARDS 15.410.020 Low Density Residential (R-1) Standards Proposed Amendment (Previous section remains unaltered) F. Accessory. Accessory structures shall be setback pursuant to: • 15.110.020 Setback Measurements, • 15.415.010 Accessory Dwelling Units, • All underlying zoning standards and setbacks within 15.405.090 Low Density Residential (R-1) Standards, • 15.405.100 Medium Density Residential (R-2) Standards, • 15.405.110 High Density Residential (R-3) Standards, as applicable, • aA minimum of five (5) feet from the primary structure. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 43 of 239 Page 33 of 51 Chapter 15.415 HOUSING TYPE STANDARDS Docket No. 2. Amendment to 15.415.010 and 15.650.030 to allow Short Term Rentals of ADUs with criteria that at least one dwelling unit must be “full term” rental or owner occupied (specific to short term rental) Docket No. 9. Amendment to 15.410.020 (F) to reference measurement standards (15.110.020 Setback Measurements) and as applicable. 15.415.010 Accessory Dwelling Units: Proposed Amendment (Previous section remains unaltered) M. Short Term Rentals. Short Term Rentals of ADUs are prohibitedare allowed for either the primary unit or Accessory Dwelling Unit (ADU). At least one dwelling unit shall be a long term rental or owner occupied. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 44 of 239 Page 34 of 51 Chapter 15.420 NONRESIDENTIAL AND MIXED-USE DISTRICT STANDARDS Docket No. 16. Amendment to 15.420.020 building articulation to simplify “Roofline.” 15.420.020 Commercial and Mixed Use Design Standards: Proposed Amendment (Previous section remains unaltered) F. Roofline Modulation. In order to qualify as a roofline modulation treatment in the standards herein, rooflines shall be varied by emphasizing dormers, chimneys, stepped roofs, gables, or a broken or articulated roofline consistent with the required articulation interval. Modulation shall consist of either: 1. Flat roofs shall have cornices, parapets, or similar special features to act as the top of the building. 1. Flat Roof. For flat roofs or facades with horizontal eave, fascia, or parapet, the minimum vertical dimension of roofline modulation is the greater of two (2) feet or one-tenth (0.1) multiplied by the wall height (finish grade to top of the wall) when combined with vertical building modulation techniques described in subsection (C)(1) of this Section. Otherwise, the minimum vertical dimension of roofline modulation is the greater of four (4) feet or two-tents (0.2) multiplied by the wall height; 2. Pitched or Sloped Roof. A sloped or gabled roofline segment of at least twenty (20) feet in width and include varied slopes. The roofline must include modulated segments at no more than the interval required per the applicable standard above; or 3. Combination. A combination of the above. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 45 of 239 Page 35 of 51 Chapter 15.510 SEPA REGULATIONS Docket No. 49. Amendment to clarify appeal language for allowed uses (no ability to appeal underlying permit) and no appeal of SEPA. (NOTE: This section shall not be amended but is included for a complete record of processing.) 15.510.220 Appeals: B. Administrative Appeals. The City establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680: 1. Procedural Appeals. a. Any person may appeal the City’s procedural compliance with this Chapter for issuance of the following: Proposed Amendment (Previous section remains unaltered) i. There shall be no administrative appeal for SEPA determination of an unappealable underlying action. For example, SEPA attached for a building permit. The Moses Lake Municipal Code does not provide an administrative appeal of a building permit, and thereby, does not have an appeal of a related SEPA threshold determination. i.ii. A DNS: Appeal of the DNS must be made to the Hearing Examiner within fourteen (14) calendar days of the date the DNS is final. This appeal period shall be extended for an additional seven (7) calendar days if the DNS provides for public comment. Except as provided herein, the appeal shall be consolidated with any hearing or appeal of the underlying permit. ii.iii. A DS: Appeal of the DS must be made to the Hearing Examiner within fourteen (14) calendar days of the date the DS is issued. An appeal is not required to be consolidated with a hearing or appeal on the underlying permit. iii.iv. Agency action: Appeals of a procedural determination made by the City when it is the project proponent or is funding the project, and appeals of a procedural determination made by the City on a nonproject action need not be consolidated with a hearing or appeal on the underlying action. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 46 of 239 Page 36 of 51 Chapter 15.640 MINI STORAGES Docket No. 24. Amendments to 15.640.020 and 15.640.030 adding provision for screening ministorage. 15.640.020 Mini Storage Development Standards – General Commercial and Business Zone (C-2): Proposed Amendment (Previous section remains unaltered) D.All developments shall comply with parking, landscape and buffering, sign, and outdoor lighting requirements set forth in MLUDC Part 15.700. When ministorage is adjacent to a residential zone, the landscaping shall be augmented with the installation of a six (6) foot tall sight obscuring fencing. The fencing shall be located outside of the required landscaping and interior to the property line. As applicable, fencing shall meet the 15.725.010 Clearview Triangle standards. (Subsequent section remains unaltered) 15.640.030 Mini Storage Development Standards – High Density Residential (R-3): Proposed Amendment (Previous section remains unaltered) E.All developments shall comply with parking, landscape and buffering, sign, and outdoor lighting requirements set forth in MLUDC Part 15.700. When ministorage is adjacent to a residential zone, the landscaping shall be augmented with the installation of a six (6) foot tall sight obscuring fencing. The fencing shall be located outside of the required landscaping and interior to the property line. As applicable, fencing shall meet the 15.725.010 Clearview Triangle standards. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 47 of 239 Page 37 of 51 Chapter 15.610 CARGO CONTAINERS Docket No. 7 8. Amendment to 15.610.020 General Provisions to remove “new” for cargo containers with standards and criteria Amendment to 15.610 to create criteria and approval requirements for cargo containers. 15.610.020 General Provisions: Proposed Amendment The following applies to the installation and use of new cargo containers. A. Cargo containers are allowed in the commercial and industrial zones and shall be processed as a Type I permit. B. Active building construction cargo containers. Except for temporary, less than 180 days, during and for active building construction Ccargo containers, cargo containers are prohibited in the Residential and Downtown (C-1) zones. C. Active building construction cargo containers. Licensed and bonded contractors may use cargo containers on-site for the temporary use, less than 180-days, location for an office, equipment, or materials storage structure during construction which is taking place on the property. A one-time extension of 180-days may be approved by the Director. D. Active building construction cargo containers are exempt from subsection F. E. Cargo containers are not a use but an alternative form of storage. The use of the cargo container shall conform with the standards of the underlying zoning district. F. Cargo containers shall not be visible from public rights of way. To screen cargo containers, view obscuring fencing or berm may be installed. Landscaping shall not be considered for screening purposes. If not screened, cargo containers shall adhere to 15.420.030 Commercial Design Standards. G. Where allowed, cargo containers shall be an accessory structure. H. Cargo containers used for cryptocurrency and data centers shall adhere to Chapter 15.615 Cryptocurrency and Data Centers. A.I. Storage of junk, inoperable vehicles, scrap materials, garbage, or the like is strictly prohibited in cargo containers. B.J. Cargo containers shall not be used for any types of human occupancy or animal sheltering. C.K. Cargo containers shall not be stacked. FINAL COML City Council 4-14-26, Page 48 of 239 Page 38 of 51 D.L. Cargo containers must be placed on an improved surface such as gravel, asphalt, or concrete, and must be placed fully on said surface and any axles must be removed. E.M. Cargo containers shall comply with the underlying zone building setback requirements. F.N. Materials stored within cargo containers are subject to review and approval by the Fire Department. Cargo containers used in conjunction with a business regardless of zoning are also subject to review and approval by the fire district. G.O. Licensed and bonded contractors may use cargo containers on-site for the temporary location of an office, equipment, or materials storage structure during construction which is taking place on the property.For permanent commercial and industrial uses, cargo containers must undergo standard building permit procedures. H.P. Temporary use of commercial or industrial cargo containers will be determined on a case-to-case basis on the authority of the Director. Time limits may be set and inspections required. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 49 of 239 Page 39 of 51 Chapter 15.650 SHORT TERM RENTALS 15.650.030 Eligible Dwellings and Limitations: Proposed Amendment (Previous section remains unaltered) A Short Term Rental dwelling may be located in a single-family dwelling, an accessory dwelling unit, or a condominium dwelling. Excepting condominium dwellings, at least one dwelling unit shall be a long term rental or owner occupied No more than one (1) Short Term Rental shall be allowed on a single parcel, except that this limitation shall not apply to condominium dwellings. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 50 of 239 Page 40 of 51 Chapter 15.705 COMMUNITY DESIGN STANDARDS 15.705.010 Compliance with Standards and Guidelines Proposed Amendment (Previous section remains unaltered) A.Application. Except as allowed within the exemptions below, Aall development shall comply with the design standards and guidelines applicable to the type of use and/or the district in which the proposed development is located. The Director, or other decision maker so specified, shall have the authority to apply the standards to specific development proposals as conditions of approval. Except as allowed within the exemptions below, no development and/or building permit shall be issued for any lot, tract or parcel of land in violation of this and other City of Moses Lake standards and specifications. Except as allowed within the exemptions below, no building permit or other development permit shall be issued for any lot, tract or parcel of land without installation or the existence of: city sewer meeting adopted city standards, city water including fire protection devices meeting adopted city standards, conformance to lot size requirements, city street meeting adopted street standards, city sidewalk and curb improvements meeting city standards, stormwater control meeting city adopted standards, necessary dedicated rights of way for infrastructure, legal access to the site, and within a legal lot of record. The following are exempt from section A above: 1.Water connection to a public water system shall be required, and when located within a differing Group A Community Water System, water connection shall be connected to the system in which the property is located. 2.Development of an existing lot within a developed neighborhood shall include sidewalks, streets and right of way similar to that of the neighborhood. In such case, the street and associated improvements shall meet the standards of the existing neighborhood rather than that of the current City of Moses Lake development standards. Water, stormwater, sewer and fire protection shall be required to meet adopted standards. Excluding subdivision (subdivisions do not qualify for this exemption), development of an existing vacant lot within a developed neighborhood. The standards to determine if the public interest will be adversely affected includes but is not limited to consideration of the installation or existence of adequate sewer and water, conformance to lot size requirements, existence of street, sidewalk and curb improvements, access to the site, all as respects the proposed building site and the surrounding area. The City Council may condition the issuance of a building permit on the installation or completion of such utility, street and sidewalk improvements or other conditions as the City Council deems appropriate. The City Council shall make the grant of the privilege to develop on an existing vacant lot within a developed neighborhood specific as to the proposed FINAL COML City Council 4-14-26, Page 51 of 239 Page 41 of 51 building activity. The grant of such privilege shall expire if a building permit is not obtained within six (6) months of the adoption of the resolution provided for herein unless the applicant requests and obtains an additional thirty (30) day extension from the Community Development Director. Any request for the thirty (30) day additional extension must be submitted in writing to the Community Development Director prior to the expiration of the six (6) month limitation period. The Community Development Director has the discretion to grant the additional extension only when no significant development code changes have occurred or will occur during the extension period, there is demonstrable proof of substantial progress made by the applicant, and the request serves the public health, safety and welfare. No more than one (1) thirty (30) day additional extension may be granted to any applicant. The City Council shall only direct the issuance of such a permit by a resolution of the City Council. Development of an existing vacant lot within a developed neighborhood shall include infrastructure similar to that of the neighborhood. In such case, the street and associated improvements shall meet the standards of the neighborhood rather than that of the street standards. Water, sewer, fire protection, and stormwater shall meet adopted standards. The City may require a fee-in-lieu of installation of improvements at the sole discretion of the City Council after review of the applicant’s request, review and concurrence by the City Engineer, and submittal of an engineered cost estimate. Fee-in-lieu of improvements, shall be remitted to the City to fulfill the requirements of this section. 3.Demolition and reconstruction of an existing structure. 4.Remodeling of an existing, legally conforming building. 5.Fences. 6.Signs accessory to existing, legally conforming building, except for off- premise signs. 7.Construction of a detached Accessory Dwelling Unit shall include infrastructure similar to that of the neighborhood with adherence to water, sewer, fire protection, and stormwater adopted standards. Attached ADU may be fully exempt from infrastructure compliance except as required by the Fire Marshal. 8.Placement or construction of an accessory structure. 9.Additions to existing residence(s) less than 50% of Grant County Assessor’s residential value. B.Standards Adopted by Reference. This Chapter recognizes and incorporates the standard details for construction of public improvements, as it exists now or as it may hereafter be amended. The City Council has established by resolution the standard details for construction of public improvements, and other matters pertaining to the MLUDC. The standard details for construction of public improvements shall be kept by the City Engineer FINAL COML City Council 4-14-26, Page 52 of 239 Page 42 of 51 or the City Clerk and may be altered or amended by resolution of the City Council. Where conflicts or inconsistencies arise between the standard details for construction as approved by resolution of the City Council and those in other code requirements, the standard details for construction as approved by resolution of the City Council supersede those in other code requirements. Referenced guidelines or standards: 1.Comprehensive Plan 2.Community Street and Utility Design Standards 2.3. Mapping Standards Manual 3.4. Trails and Activity Paths 4.5. Parks, Recreation Open Space Plan 5.6. Shoreline Master Program 6.7. Stormwater Management Manual for Eastern Washington 7.8. Complete Streets 8.9. Housing Action Plan 9.10. Wastewater Facility Plan 10.11. Water System Plan (Subsequent section remains unaltered) 15.705.030 Street Design: Proposed Amendment (Previous section remains unaltered) C.The Applicant shall be required to design easements and dedications in a manner which facilitates the future development of the region as determined by the Director and consistent with the City of Moses Lake Comprehensive Plan - Future Streets Map. This shall be accomplished by establishing easements and dedications to the furthest lot line, as well as other similar methods. Cul-de-sacs are prohibited unless authorized by the Director upon concurrence with the City Engineer. Permanent cul-de-sacs and dead-end streets are not permitted within new developments except where permanent cul-de-sacs may only be permitted where the applicant can demonstrate that the street design provides an acceptable level of network circulation considering the terrain (for example, street ending at the water’s edge of Moses Lake) and adjacent existing street network and authorized by the Director upon consultation with the City Engineer. Where a permanent cul-de-sac or dead-end street is permitted, the following requirements shall apply: a.If allowed, permanent cul-de-sacs shall have a minimum right-of-way and street section as specified in Community Street and Utilities Standards, excepting for an alternative design that allows for the waiver of the planter strip and/or sidewalk within the cul-de-sac which provides a greater turnaround radius for emergency service. This FINAL COML City Council 4-14-26, Page 53 of 239 Page 43 of 51 alternative shall include crosswalk at terminus when the sidewalk within cul-de-sac is waived. This alternative requires City Engineer and Fire Marshal approvals. . b. Permanent dead-end streets in excess of 600 feet are prohibitedCul-de-sacs are limited and only allowed authorized by the Director upon consultation with the City Engineer. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 54 of 239 Page 44 of 51 Chapter 15.710 PROJECT DESIGN STANDARDS Docket No. 25. Amendment to 15.710.020 Site Design (A) (5) (a) and (b) adding one (single) street access (driveway/aisles) per street frontage and/or per 350ft of linear feet (single front) with potential for commercial and industrial flexibility. 15.710.020 Site Design: A. Site Design. The following design elements shall be applied to all projects: Proposed Amendment (Previous section remains unaltered) 5. On-Site Vehicular Circulation, Parking, and Bicycle Facilities. a. Excepting for single dwelling, duplex and triplex on single lot development, Vvehicular access points from public streetsroads or primary private drives shall be limited to one (single) access per street frontage or one per 250 linear street frontage in compliance with Standard Detail A-6 (Community Streets and Utilizes Standards), and by sharing driveways and linking parking lots between adjacent uses. a.b. Single dwelling, duplex and triplex on single lot development shall meet Standard Detail A-6 (Community Streets and Utilizes Standards) and other residential standards, b.c. On-site primary vehicular circulationaisle drives shall be separated and to provide minimalreduce vehicular conflict with parking areas. (Subsequent section remains unaltered) (Previous section remains unaltered) e. Parking, bicycle, and other associated improvements shall adhere to Chapter 15.715 Parking. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 55 of 239 Page 45 of 51 Chapter 15.715 PARKING Docket No. 5. Amendment to 15.715.110 Electric Vehicle Charging Station Standards to allow more flexibility in parking credit and/or reduction of parking. Amendment must meet SB 5184 which caps the minimum parking requirements. Docket No. 37. Amendment to 15.715.020 to allow for and require separating access on corner lots with fourplex development. 15.715.110 Electric Vehicle Charging Station Standards: Proposed Amendment (Previous section remains unaltered) A. Parking spaces designated for electric vehicle charging shall be included in the calculation of the number of off-street parking spaces provided pursuant to this Chapter. For example: if the total required parking spaces are 25 and the required electric vehicle parking spaces are three (3), then the total spaces remains 25. Electric vehicle parking spaces are not added to other required spaces. See Electric Vehicle Parking Reduction for final stall count. (Subsequent section remains unaltered) (Previous section remains unaltered) E. Alternative Electric Vehicle Parking BonusReduction. The addition and/or inclusion of any electric vehicle parking space(s) will receives a bonus of a reduction of 20% from the overall parking requirement upon request and as approved by the Director. For example: if the total required parking is 25 spaces and includes any electric vehicle parking spaces, then the required overall spaces may be 20 upon request and as approved by the Director. This calculation is singular and may not be applied more than once. (Subsequent section remains unaltered) 15.715.020 General Standards: Proposed Amendment (Previous section remains unaltered) C. Use of Streets. Except for single-family dwelling, duplex or triplex unit driveways, access or aisles shall be designed in a manner which does not permit backing movements or other maneuvering within or onto a street other than an alley. Fourplexes on corner lots shall include safe intersection separations. Fourplexes on corner lots shall have access onto each frontage to a maximum of two driveways per frontage. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 56 of 239 Page 46 of 51 Chapter 15.720 LANDSCAPING AND BUFFERING Docket No. 28. Amendment to 15.720.040 Buffer Landscaping to add flexibility for industrial property to strike entire front landscaping standard and add landscaping for entrances or as alternative landscaping at the building front. 15.720.040 Buffer Landscaping: Table 15.720.040. Buffer Landscaping Proposed Amendment (Previous section remains unaltered) Adjacent Use Subject Property Use Residential Subdivision Multifamily Manufactured Home Park Commercial Industrial Freeway or Highway Type I 20' wide Type I 20' wide Type I 20' wide Type II 10' wide Type II 10' wide (1) Street Frontage Type IV 5' wide Type IV 5' wide Type IV 5' wide Type IV 10' wide Type IV 20' wide (1) Notes: (1) Alternative landscaping for the Street, Freeway or Highway buffer (frontage) within the Industrial Districts may be allowed meeting the following: A) This landscaping shall only be required at the entrance(s) or “treelined driveway;” B) The entrance or lined driveway area shall not be less than 200% of the driveway width measured from equal distance from the driveway edge; C) The Clearview Triangle shall be maintained; and D) The remainder of the property fronting public right-of-way may be fenced to the property line or the area may include gravel mulch. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 57 of 239 Page 47 of 51 Chapter 15.735 SIGNS Docket No. 10. Amendment to 15.735.040 and 15.735.080 adding criteria, standards and definitions to and addressing off premise signs, billboards and public directional signs. 15.735.040 Prohibited Signs: The following signs are prohibited: Proposed Amendment (Previous section remains unaltered) D. Billboards, excepting “Off-Premises Signs” that meet the standards. within 15.735.080 (Subsequent section remains unaltered) 15.735.080 Sign Types Permitted By Zone: Table 15.825.080-1. Type of Signs, Maximum Height, and Maximum Sign Area Permitted in Non-Residential Zones Proposed Amendment FINAL COML City Council 4-14-26, Page 58 of 239 Page 48 of 51 Zone Types of Signs Allowed Number of Signs Max. Sign Face Area Max. Sign Height Commercial or Mixed Use Off-Premises Directional (1) 1 per business 150 square feet 25 feet (Subsequent and previous sections remain unaltered) Off-Premises (1) 1 sign 150 square feet 25 feet On-Premises Directional No limit 8 square feet 6 feet Industrial Off-Premises Directional (1) 1 per business 150 square feet 25 feet (Subsequent and previous sections remain unaltered) Off-Premises (1) 1 sign 150 square feet 25 feet On-Premises Directional No limit 8 square feet 6 feet Public/Parks and Open Space Off-Premises Directional (1) 1 per business 150 square feet 25 feet (Subsequent and previous sections remain unaltered) Off-Premises(1) 1 sign 150 square feet 25 feet On-Premises Directional No limit 8 square feet 6 feet Notes: 1.Off Premise and/or Off Premise Directional sign requires a Conditional Use Permit; may be allowed within a residential district when located adjacent to an arterial street, the sign and property must be owned by and advertise the same business; shall be located on vacant property (the use of residential yard is strictly prohibited); shall be located outside of right-orf- way, and shall be located no greater than 500 ft from the business being advertised as measured from the property line of the business to the sign. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 59 of 239 Page 49 of 51 Chapter 16.02 BUILDING PERMITS Docket No. 1. Amendment to 16.02.045 “Building Prior to Filing Final Plat” by adding “structures” and removing “dwellings” 16.02.045 Building Prior to Filing Final Plat: Building permits are allowed to be issued with preliminary subdivision approval prior to filing the final plat after the following conditions are met: Proposed Amendment (Previous section remains unaltered) C. The site and dwellingstructure(s) shall meet the normal requirements for residential building permits including Title 18, Zoning15. The owner of the subdivision shall be the applicant for the structure(s). D. Up to a total of four (4) dwellings structures are permitted in each subdivision phase. Prior to approval of dwellings in phases, the prior phase(s) shall be approved, final, and recorded. (Subsequent section remains unaltered) (Previous section remains unaltered) I. Improvements required by Title 12, Streets, Sidewalks, and Public Places, that serve the dwellingstructures(s) shall be completed in accordance with the accepted engineering plans prior to final inspection and issuance of a certificate of occupancy for dwellings. (Subsequent section remains unaltered) (Previous section remains unaltered) K. Prior to final plat or final short plat approval, the subdivider shall submit supplemental documentation that the dwellingstructures(s) and any appurtenant/accessory structures were constructed within the boundaries of the proposed lot(s) and said structures comply with all applicable development and dimensional standards. L. There shall be no sale of dwelling(s) prior to recording of the final plat or final short plat. M. No dwelling structure shall be inhabited and/or occupied as a residence prior to recording of the final plat or short plat and issuance of a certificate of occupancy. One (1) model dwelling unit may be used as a temporary marketing center/office after final inspection and issuance of a temporary certificate of occupancy. Other dwellings structures FINAL COML City Council 4-14-26, Page 60 of 239 Page 50 of 51 may be furnished and decorated to show the general public after final inspection and issuance of a temporary certificate of occupancy. (Subsequent section remains unaltered) FINAL COML City Council 4-14-26, Page 61 of 239 Page 51 of 51 Docket No. 12, 13, 14. Amendment to 15.405.090 number (3) = (5) in the table; Amendment to 15.405.100 number (2) = (4) in the table; and Amendment to 15.405.110 number (4) = (6) in the table. (NOTE: This section shall not be amended but is included for a complete record of processing.) Table 15.405.090. R-1 Building Dimensional Standards Proposed Amendment Not applicable. Code Publishing addressed FINAL COML City Council 4-14-26, Page 62 of 239 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE  PO Box 42525  Olympia, Washington 98504-2525  (360) 725-4000 www.commerce.wa.gov Page 1 of 3 February 12, 2026 Ms. Michelene Torrey Planning Technician City of Moses Lake 401 S Balsam Post Office Box 1579 Moses Lake, WA 98837 Sent Via Electronic Mail Re: Proposed Changes to City of Moses Lake's Comprehensive Plan and Development Regulations Submittals 2025-S-11380 and 205-S-11379 Dear Ms. Torrey: Thank you for the opportunity to comment on the proposed changes to City of Moses Lake's Comprehensive Plan and Development Regulations in the above referenced submittals. We appreciate your coordination with our agency as you work to achieve the community’s vision consistent with the goals and requirements of the Growth Management Act (GMA). We encourage you and your community to consider the following as you present these amendments to your appointed and elected officials. We have a suggestion for strengthening your regulations that we encourage you to consider during this amendment: We like your amendments to the docketing provisions in MLUDC 15.240.040 B. We encourage the city to review WAC 365-196-640(6). Specifically, the docketing provisions could be strengthened by specifying what information must be included in an application; identifying what types of amendments may be considered during an annual amendment cycle; and identifying the authority the city council has in finalizing the docket, that is, not including an item in a final docket, delaying an item to a future docket, or modifying a docket item. Additionally, the docketing provisions could include the procedural steps of the final docket, for example, identifying the docket will be forwarded to planning commission for review, a public hearing, and recommendation to the city council this would be valuable to staff, the officials, applicant, and the public. We have a suggestion for strengthening your regulations that we encourage you to consider during future amendments: FINAL COML City Council 4-14-26, Page 63 of 239 Department of Commerce: Submittal ID 2025-S-11380 Page 2 of 3 There are a number of amendments to the accessory dwelling unit provisions that will need to be revisited during the periodic update. The city will need to ensure the ADU provisions are consistent with RCW 36.70A.680-681. In the periodic update you’ll want to review the setback provisions to ensure they are consistent with RCW 36.70A.681(1)(i). Additionally, MLUDC 15.410.010 limits the use of either the primary dwelling or the accessory dwelling as a short-term rental. RCW 36.70A.680(5) allows the city to restrict the use of the accessory dwelling unit for short-term rentals, it's not clear the same provision applies equally to the primary units. Note that these limits may also apply to the amendments in Chapter 15.650 MLUDC. We have concerns that you should address before you adopt your plan and associated development regulations: The city is proposing amendments to Comprehensive Plan Policies 5.1.7 and 5.1.14 and a seemingly related development regulation amendment in MLUDC 15.705.010. The changes to the comprehensive plan change the word “require” to “encourage”. These amendments appear to allow new development within the city without connecting to public sewer and public water. There are two related concerns with these potential amendments: (1) development will be allowed that is not urban in scale or (2) if development is allowed at urban densities the development may impact groundwater used for public water supplies. These concerns are rooted in WAC 365-196-320(1) and RCW 36.70A.070(1). WAC 365- 196-320(1)(d) states in part: “[a]t a minimum, adequate public facilities in urban areas should include sanitary sewer systems, and public water service.... The services provided must be adequate to allow development at urban densities and serve development at densities consistent with the land use element...”, and RCW 36.70A.070(1) states in part: “The land use element shall provide for protection of the quality and quantity of groundwater used for public water supplies.” Together these GMA provisions require that development inside the city to be at urban densities and such development is served by public sewer and water. The statute recognizes that cities are not obligated to install sanitary sewer to properties within the UGA when those properties: have existing, functioning, nonpolluting on-site sewage systems; have a periodic inspection program to verify the on-site sewage systems function properly and do not pollute surface or groundwater; and have no redevelopment capacity; or do not require sewer service because development densities are limited due to critical areas (see RCW 36.70A.110(11). The provisions for a city to allow on-site sewer imply that it is intended for existing development versus new development and thus in the comprehensive plan that is forward looking and setting policy for future land development, the original language of the policy that requires connection, versus encourage, would be more appropriate. We recommend that the city retain the original language. There appears to be corresponding amendments to the development regulations in MLUDC 15.705.010. The amendment to subsection A states in part “Except as allowed within the exemptions below [subsections 1-9], no building permit or other development permit shall be issued for any lot, tract or parcel of land without the installation or the existence of: city FINAL COML City Council 4-14-26, Page 64 of 239 Department of Commerce: Submittal ID 2025-S-11380 Page 3 of 3 sewer meeting adopted city standards, city water including fire protection devices meeting adopted city standards, conformance to lot size, city street meeting adopted street standards, city sidewalk and curb improvements meeting city standards, stormwater control meeting city adopted standards, necessary dedicated rights of way for infrastructure, legal access to the site, and within a legal lot of record.” We have concerns and suggestions about three of these exemptions. The paragraphs below summarize our concerns and provide suggestions to subsections 1 and 7. Subsection 1 identifies an exemption for developments “within a differing Class A water system”. It is unclear why the city would want to provide an exception to connect to a water system. Ideally, the city’s concurrency requirements would simply require that all developments within the city have a water concurrency certificate or some documented evidence that development requiring water would be connected to a public water system. Regardless of whether connected to the city system or some other water system. We recommend that the city delete this exception entirely. Subsection 7 exempts accessory dwelling units from the requirements of city standards and guidelines. A plain reading implies that detached ADUs would not be required to provide/connect to any of the items listed in section “A”. Like the comments about subsection 1 above, ADUs within the city are required to connect to water and sewer. We recommend that the city clarify this exception to apply only to attached ADUs. Thank you again for the opportunity to comment. If you have any questions or need technical assistance, please feel free to contact me at chaz.bates@commerce.wa.gov or (509) 606-3501. Sincerely, Chaz Bates, AICP Senior Planner Growth Management Services cc: Dave Andersen, AICP, Managing Director, Growth Management Services Benjamin Serr, AICP, Eastern Regional Manager, Growth Management Services FINAL COML City Council 4-14-26, Page 65 of 239 State of Washington DEPARTMENT OF FISH AND WILDLIFE REGION TWO Mailing Address: 1550 Alder Street NW, Ephrata, WA 98823-9699 · 509 754-4624 · TDD 360 902-2207 Region Two Office Location: 1550 Alder Street NW, Ephrata, WA February 20, 2025 City of Moses Lake Community Development Department Attention: Vivian Ramsey – Planning Manager 401 S. Balsam St. P.O. Box 1579 Moses Lake, WA 98837 SUBJECT: PLANVIEW SUBMITTAL 2025-S-11379; PROPOSED AMENDMENT TO MLDC CHAPTER 15 – LAND DIVISION Dear Ms. Ramsey, On December 31, 2025, the Washington Department of Fish and Wildlife (WDFW) received from the Washington State Department of Commerce a Notice of Intent to Adopt the proposed amendment referenced above. WDFW’s interest in this proposal is based on our agency’s mandate to perpetuate fish, wildlife, and their habitat.1 Habitat Program staff review proposed changes to jurisdictions’ land use plans to advise of potential fish and wildlife issues and impacts. In keeping with our role as a technical advisor, we offer the following comments and recommendations. Upon review of the submittal, it appears to consist of several proposed updates to the Moses Lake Development Code aimed at streamlining development policies. Our focus is on proposed addition of Chapter 15.315, which would clarify the requirements to which exempt segregations within the city must adhere. It is our understanding that the addition does not fundamentally alter city procedures but codifies a clear set of requirements. The RCW allows local jurisdictions to establish exemptions to their subdivisions policies2, and Moses Lake has formally codified these within Chapter 153. Among these exemptions is a provision exempting subdivisions which create lots with a minimum size of five acres. We have generally counselled jurisdictions considering this policy on the many pitfalls of allowing unreviewed subdivision creation, particularly at small scales Among them are the potential impacts to Fish and Wildlife Habitat Conservation Areas (FWHCAs), such as the shrubsteppe habitat present in the city and its UGA. Subdivisions codes commonly require alignment with other chapters of the development code for approval of a proposed subdivision. This requirement is often critical in avoiding the creation of lots 1 RCW 77.04.012 2 RCW 58.17.040 3 MLDC 15.305.040 FINAL COML City Council 4-14-26, Page 66 of 239 WDFW Comments: Proposed Amendments to the Moses Lake Land Division Code February 20, 2025 Page 2 of 3 encumbered by the presence of critical areas or lack of reliable access to roads, water, or emergency services. Removing that process eliminates a critical review opportunity that could prevent the creation of these lots. At a smaller scale, encumbered lots can be particularly harmful for FWHCAs, because building restrictions are especially impactful; it is simply harder for landowners to mitigate for impact to habitat when there is less land available. These smaller acre lots would be either impossible or prohibitively expensive to build upon. Residents that purchase these lots, whether to build a home or otherwise, would then become the ones who face those challenges. Our concern is that landowners would then need to pursue variances in order to build on lots encumbered by critical areas, normalizing the variance process within Chapter 15.235.010, though these lots could be prevented from doing so as the MLDC prohibits variances for hardships self- created by the applicant4. If variances are submitted on many individual lots, this could lead to the fragmentation of important FWHCAs. Our recommendations regarding the use of exemptions are outlined on Page 79 of our publication, “Landscape Planning for Washington’s Wildlife: Managing for Biodiversity in Developing Areas,” which states that “if granting variances is the normal way of doing business, a likely result may be cumulative impacts of inadequate buffers, severed wildlife corridors, and patches of habitat too small to maintain sensitive wildlife.” To mitigate, we recommend the exemption or variance criteria be specific and that requirements and conditions should have a relationship, or nexus, to the expected impacts of the development. A strong example of this can be found in Lake Forest Municipal Code 16.16.200(B), “Land on which a wetland, stream, landslide hazard area, or their buffers are located may not be subdivided unless each new lot that is created can be developed under city ordinances without resort to variance and contains a buildable area of no less than 1,000 square feet.” Accordingly, while we appreciate and support the city’s efforts to codify requirements for subdivisions regardless of their exemption status, we do want to iterate our concern for the potential creation of encumbered lots that this exemption policy could allow and want to emphasize the importance of allowing for critical areas review at the subdivision creation stage. We are very supportive of the provisions setting guardrails within Chapter 15.315.035, particularly (K), which requires developers to avoid the creation of critical areas encumbrance that concerns us when we examine exempt segregation policies. We would like to thank you for the opportunity to review and provide comments on the proposed Moses Lake Development Code amendments. If you have any questions or would like to schedule time with WDFW staff to discuss our comments, I can be reached by email at brian.gaston@dfw.wa.gov or at (509) 431-0339. 4 MLDC 15.235.010(C)(2) FINAL COML City Council 4-14-26, Page 67 of 239 WDFW Comments: Proposed Amendments to the Moses Lake Land Division Code February 20, 2025 Page 3 of 3 Sincerely, Brian Gaston WDFW Region 2 Habitat Program Manager cc: Kara Whittaker, WDFW Land Use Conservation & Policy Section Manager Cole Webster, WDFW Land Use Conservation & Policy Planner Eric Pentico, WDFW Habitat Biologist Paul Christianson, WDFW Region 2 Land Use Lead FINAL COML City Council 4-14-26, Page 68 of 239 Page 1 of 10 2025 MLUDC Code Amendments – Docket Annotated 1. Amendment to 16.02.045 “Building Prior to Filing Final Plat” by adding “structures” and removing “dwellings” Reason - Planning Commissioner recommendation to allow advance construction at preliminary subdivision stage (with parameters) for any form of subdivision, not just residential. 2. Amendment to 15.415.010 and 15.650.030 to allow Short Term Rentals of ADUs with criteria that at least one dwelling unit must be “full term” rental or owner occupied (specific to short term rental) Reason - Planning Commissioner recommendation to change the prohibitions of short term rentals in Accessory Dwelling Units with parameters. The result is an opportunity for short term rental for all dwelling units and some level of nuisance reduction with long term occupant. 3. Amendment to 15.640.040 to allow 95% compacted gravel for parking and loading regarding Mini Storage Development Standards within the Industrial Zones (L-I and H-I), and amendment for an allowance to use engineered product for “low trip volume” areas regarding mini storage. Completed with Ordinance No. 3082 - November 25, 2025 4. Amendment to Chapter 15.105 to add definition of engineered product for “low trip volume” areas. The engineered product definition should include porous / pervious materials. Completed with Ordinance No. 3082 - November 25, 2025 5. Amendment to 15.715.110 Electric Vehicle Charging Station Standards to allow more flexibility in parking credit and/or reduction of parking . Amendment must meet SB 5184 which caps the minimum parking requirements. Reason - Planning Commissioner recommendation to give relief in construction of EV parking. The credit and reduction results in a form of balance for parking that is used for EV without adding more stalls and reducing costs for stall construction. 6. Amendment to 15.105.009 “Industry, Heavy” match number and add “primary” Reason – Text revision to fix sentence structure that will now read correctly. FINAL COML City Council 4-14-26, Page 69 of 239 Page 2 of 10 7. Amendment to 15.610.020 General Provisions to remove “new” for cargo containers with standards and criteria. Reason – Over time and with code updates, “new” is not monitored. In addition, cargo containers are placed in areas that appear contrary to the surrounding neighborhood and “look” out of place. Also, the allowance of storage containers during construction was added to the text changes. 8. Amendment to 15.610 to create criteria and approval requirements for cargo containers. Reason – This amendment was combined with No. 7. Basically, cargo containers appear contrary to the surrounding neighborhood and “look” out of place. Also, construction storage containers was added to the text changes. 9. Amendment to 15.410.020 (F) to reference measurement standards (15.110.020 Setback Measurements) and as applicable ADU 15.415.010 Accessory Dwelling Units setback standards. Reason – The Code was unclear as to consistency for applying standards for ADUs, and helpful references were needed to direct readers to the applicable sections. This removed the guesswork that readers experienced. 10. Amendment to 15.735.040 and 15.735.080 a dding criteria, standards and definitions to and addressing off premise signs, billboards and public directional signs. Reason – Planning Commissioner identified that billboards and off premise signs had the same or too similar of definitions, and desired clarification to continue to allow, with limits, off premise and/or public directional signs. 11. Amendment to 15.405.070 to allow drive through for restaurants, coffee stands, banks, pharmacies and other similar and customary uses within differing zones, and amendment 15.715.020 (E) to include standards / revisions and criteria for stacking of vehicles. Completed with Ordinance No. 3082 - November 25, 2025 12. Amendment to 15.405.090 number (3) = (5) in the table. 13. Amendment to 15.405.100 number (2) = (4) in the table. 14. Amendment to 15.405.110 number (4) = (6) in the table. FINAL COML City Council 4-14-26, Page 70 of 239 Page 3 of 10 NOTE: 12, 13, and 14 were addressed through Code Publishing as scr ivener error, and fixed. 15. Amendment to 15.405.070 adding Auto Repair and Auto Bodyshop to the land use table (not listed) and amend Chapter 15.105 to clarify and add definitions (paint and without paint) Completed with Ordinance No. 3082 - November 25, 2025 16. Amendment to 15.420.020 building articulation to simplify “Roofline.” Reason – The new design code was too complex for roofline and the amendment simplifies the design element in a manner that can be readily understood. 17. Amendment to 15.320.020 Binding Site Plan to include specifics for “preliminary engineering plans” and clarify section “a” regarding a run-on sentence. Reason – After monitoring the updated Unified Development Code with actual Binding Site Plan (BSP) applications, it was clear that the section did not meet the objectives of RCW 58.17.035 nor the resulting project of that of the intent of a BSP. The intent of the BSP process is to promote orderly and efficient community growth within the requirements of RCW 58.17.035. In summary, binding site plans provide exact locations and detail for the type of information appropriately addressed as a part of property development, such as infrastructure, certification, and other requirements typical of subdivisions. 18. Amendment to 15.320.020 Binding Site Plan to add private commercial and industrial road standards. Reason – No. 17 was combined with No. 18. Private commercial and industrial roads are within the new text, and the Planning Commission outlined the transition from “road to access aisle to parking lot.” This text addressed real Moses Lake examples where the lines are blurred and congestion / traffic conflicts may exist. 19. Amendment to 15.320.050 (3) & 15.310.060 final subdivision process (C) (3) to strike from the City Finance Director indicates, add “stating,” and strike included in the binding site plan Reason – The City of Moses Lake Finance Director does not determine assessments for subdivision nor BSPs. This is conducted by Grant County and already addressed elsewhere in the Code. 20. Amendments to 15.205.020 and 15.320.090 to clarify decision type for Binding Site Plans to Type II permit. FINAL COML City Council 4-14-26, Page 71 of 239 Page 4 of 10 Reason – The MLUDC placed BSP as differing permit types in differing sections of the Code. The conflict was resolved by removing the varied types to a single Type II Additionally, this was “fixed” in the chart with large lot segregations. 21. Amendments to strike 16.02.040 and16.02.110. Amendments to 15.705 Community Design Standards and 15.710 Project Design Standards to add extension / connection requirements for water, sewer and stormwater with exemptions and processing a (DA). Amendments to 15.705, 15.710, and/or 15.305.020 Lot of Record Determination to add allowance of building permit on unplatted property with existing infrastructure meeting City standards . Reason – The MLMC and MLUDC included two sections regarding infrastructure requirements for development. Under Title 16 (older code) a single lot subdivision was required when infrastructure did not exist with or without an existing subdivision. (NOTE: the “Unplatted Areas” and “Platting Deemed Insufficient” has complexities not listed herein.) This used RCW 58.17 to effectivity require “development to pay for development.” This was expensive, added time, added permitting, and was replaced by the Unified Development Code. Basically, the UDC allowed infrastructure installment without the requirement of processing a subdiv ision. The Developer Agreement component as found to be cumbersome, and alternatives were devised with the list of exemptions. Staff recommends that the Council also consider addressing stormwater with the exemptions. With the amendments, the lot of record determination became irrelevant. 22. Amendment to 13.15.040 water right transfers at time of Building Permit exemptions for ADU and reduction for duplex to fourplex. Reason – Water right transfer under the old code was completed at time of subdivision . This was not efficient nor effective, so the move to building permits was created. Rather than a reduction, the Planning Commission desired clear code (although applied by policy) that credit was granted. Also, clarification of a fractional ERU was clarified. 23. Amendment to 15.305.040 to add RCW 58.17.040 with “anti-land-lock” provision (Use common terms “5-acre segs” as applicable) Reason – Large properties that needed to be separated into small development opportunities were not allowed in the old code. The result was remnant lots which did not meet RCW 58.17 subdivision requirements. Under 58.17.040 the City could create a process to allow large properties to be divided into aliquot parts (as related to a Section to five acres). The amendment creates this opportunity with parameters to ensure the owner is aware of the exemption and is informed of the need for infrastructure to support development. 24. Amendments to 15.640.020 and 15.640.030 adding provision for screening ministorage. FINAL COML City Council 4-14-26, Page 72 of 239 Page 5 of 10 Reason – The new code allows for varied locations through -out Moses Lake for the construction of ministorage. This new expansion has raised questions regarding “when located in residential areas or more prominent corridors, how with they look.” The idea of adding some parameters to enhance the appearance included landscaping or other screening. 25. Amendment to 15.710.020 Site Design (A) (5) (a) and (b) adding one (single) street access (driveway/aisles) per street frontage and/or per 350ft of linear feet (single front) with potential for commercial and industrial flexibility. Reason –The placement of uncontrolled driveways (solid driveways) confuses which side of the driveway to travel and potentially adds to the frequency of collisions (left turn movements increase the risk of collision). The addition of clarity to the standards for driveway separations was reviewed, and changes proposed with reference to the detail within the Streets and Utilities Manual. 26. Amendment to 15.325.040 to clarify “standard sidewalk with alternative pathway.” Reason – The existing code was difficult to readers as to “pathway” vs “sidewalk” in the sentence structure. The sentence was restructured for clarity that sidewalks are the standard with the pathways for different scenarios. 27. Amendment to Chapter 15.405 Zones, Overlay Zones, And Land Use and/or Chapter 15.410 Residential District Standards to reference Fencing- Clearview Triangle 15.725.010 Reason – Readers of the existing code did not appear to understand that the clearview triangle was applicable, and a reference was added to ensure safe vehicle travel at intersections. 28. Amendment to 15.720.040 Buffer Landscaping to add flexibility for industrial property to strike entire front landscaping standard and add landscaping for entrances or as alternative landscaping at the building front. Reason – In the implementation of landscaping within the City of Moses Lake industrial areas, the need to provide options became apparent. The stretching of landscaping along long properties does not provide the desired outcome, especially with tall structures. Alternative for appearance ranged from murals, fencing, art walls, and other creative ideas. The Planning Commission landed on the entrance as the focus for landscaping (NOTE: landscaping may include xeriscape design) 29. Amendments to 15.405.090 and 15.405.100 (R-1 and R-2) to add and allow differing lot coverage standards. FINAL COML City Council 4-14-26, Page 73 of 239 Page 6 of 10 Reason – The old code included lot coverage standards. Moses Lake was accustomed to this type of standard. The Planning Commission landed on 70% lot coverage. 30. Amendment to 15.425.040 and 15.427.040 to add a new Flight Zones compatibility, prohibition and density to the Airport Overlay Districts. Completed with Ordinance No. 3082 - November 25, 2025 31. Amendment to 15.235.010 Administrative Variance to expand list to include “Building Design Standards.” Reason – The administrative variance section is limited to some of the bulk regulations. In the implementation of the design standards to help beautify the city, large structures had magnitude that did not aesthetically work with the standards with the design regulations. Through time, it was apparent that relief and flexibility was needed with a code amendment for small deviations. 32. Amendments to 15.325.040 and 15.705.030 to add cul-de-sac standards and applicability with allowance for courts (define court/short cul-de-sac) to wave sidewalk. Reason – The City of Moses Lake is bounded by the lake and other barriers to street connectivity. Relief was needed for specific scenarios to allow for cul-de-sacs that the Code did not offer. The proposed code still supports connectivity and veh icle circulation, but allows for instances of permanent dead ends (cul-de-sacs) 33. Amendments to 15.405.060 and/or 15.405.070 regarding living in an RV with matching camping, campground, living in an RV outside of a campground and private campground topics and distinctions. Reason – This item was identified prior to the Council action for camping (Chapter 9.18) and was requested for code enforcement clarification. The Planning Commission provided changes to reference the chapter and the private campground sections of code. 34. Amendment to Table 15.405.070 to add “casino” / small “gambling” with separation standard from schools, churches, and other youth / community activities. Reason – The City of Moses Lake has existing gambling and the code did not address the continuation or expansion of the use. The Planning Commission added standards for gambling that provides limited control for the placement of such facilities. FINAL COML City Council 4-14-26, Page 74 of 239 Page 7 of 10 35. Amendment to Chapter 15.105 to add “environmental and/or industrial cleanup” to Light Industrial definition. Reason – The City of Moses Lake has existing “environmental and/or industrial cleanup” business and the code did not address the continuation or expansion of the use (for example - Graymar). (NOTE: “When not within code” scenario is brought to the Planning Division, a list is maintained, interpretations provided by the Director and other actions are completed to bring any question as to “allowance” to the Council and PC) 36. Amendment to 15.310.020 Preliminary Subdivision Approval Process to be consistent with 15.310.070 Final Decisions and Notice of Decision, as applicable. Reason – The code included differing standards from one stage of processing from that of another for timelines. The permit timeline within the GMA (SB 5290) does not govern in this instance. The permit timeline in RCW 58.17 governs and the amendment reflects this timeline. 37. Amendment to 15.715.020 to allow for and require separating access on corner lots with fourplex development. Reason – Bunching four (4) driveways at a single location (single frontage to a street) created design conflicts. An alternative to split the driveways on a corner lot (two driveways per street frontage) allowed design to meet small lots and standards. 38. Amendments to 15.310.010 Preliminary Subdivision Application, 15.310.020 Preliminary Subdivision Approval Process, and 15.310.030 Preliminary Subdivision Approval Criteria regarding clear “Site Plan” (preliminary engineering for infrastructure – access, sewer, and water to serve each lot). Reason – Originally, the amendment was to ensure consistency, but as the review progressed the preliminary engineering plans at 30% was not easy to define nor easy to implement. The return to the old code for “site plans” text was more defined and added. This is a section of code that staff recommends retention of preliminary engineering for preliminary subdivision (due to technical application, process, and RCW). The Planning Commission recommends removal of submitting preliminary engineering under the rationale of cost savings. The staff report includes staff information regarding the need for preliminary engineered plans. 39. Amendment to 15.405.060 Residential Land Uses by Zone to require commercial use on the ground floor for Mixed Use Residential Development including a “percent” ground floor for ADA unit(s). Reason – The Code did not clarify the need to protect the nature of commercial district and clearly stating that the ground floor was for commercial business. Additionally, the need to allow some level of access at the ground floor (without the need for elevator) for ADA residential unit was considered and incorporated. FINAL COML City Council 4-14-26, Page 75 of 239 Page 8 of 10 40. Amendment to 15.405.070 Nonresidential Land Uses by Zone to a dd "Light Vehicle Retail Sales or Rentals, including passenger vehicles excluding heavy" with a distinction from "Heavy vehicle sales or rental, including tractor trailers, RV’s, implements, etc." Reason – The City of Moses Lake has existing vehicle sales of differing types and the code did not address the distinctions. The Planning Commission landing on allowing light vehicle sales in C1A (CUP), C-2, L-I and H-I. 41. Amendment to 15.405.070 Nonresidential Land Uses by Zone to add “morgue” with adding a definition of “morgue.” Reason – The existing code did not address morgue as a use. (NOTE: with the Administrative Interpretation issued by the Director and this change, the Grant County morgue project is moving forward) 42. Amendment to 15.315.010 Boundary Line Adjustment/Lot Consolidation Application to add “A plat certificate from a title company licensed to do business in the State of Washington, confirming that the title of the lands corresponds with the owners described and shown on the record of survey and application .” Reason – The code did not include a plat certificate in the application process for a BLA. A plat certificate is a smaller version of a title report and provides necessary information regarding ownership and encumbrances (for example: easements). 43. Amendment to 15.315.040 Boundary Line Adjustment/Lot Consolidation Final Approval and Recording to allow for a longer time frame (90 -days) with one extension of 90-days. Reason – The timeline within the existing code is too short. The additional time and extension (when there are complications) provides relief to the applicant to record and meet the BLA process. 44. Amendment to 15.405.110 to add lot dimensions to R-3 (lot width and depth) for single family development. Reason – The existing code allows single family lots within the R-3 High Density Residential but did not include lot dimensions. The Planning Commission landed on 40ft front lot width and 75ft lot depth with a reduction on curved lots to the front width. 45. Amendments to 15.405.110 High Density Residential (R-3) Standards, Table 15.405.060 Residential Land Uses by Zone, and 15.105.026 to allow for “Zero Lot Line Home” within R-1, R-2, and R-3 for interior lots only. FINAL COML City Council 4-14-26, Page 76 of 239 Page 9 of 10 Reason – The existing code included Zero Lot Line Home in the land use table which was unclear and was being confused with unit lot subdivision (RCW 58.17.060 (3). The Planning Commission landed on removing the use and addressing the topic with the 2027 Periodic Update (SSSB 5258) 46. Amendments to 15.305.050 “Design Standards and Guidelines Adopted by Reference Standards Adopted by Reference” to include the Community Street and Utility Standards and Mapping Standards Manual. Reason – The existing code (15.305.050) lacks the references to the Community Street and Utility Standards and Mapping Standards Manual . Although applicable, referencing the manuals helps the reader access these documents. 47. Amendment to add requirement for “street names” prior to final subdivision application Reason – Street naming should be as early as possible, and the existing code lacked such clarification. 48. Amendment to add “lot addressing” prior to final subdivision application. Reason – Lot addressing is key to home construction permitting and should be early in final subdivision stage of processing, and the existing code lacked such clarification 49. Amendment to clarify appeal language for allowed uses (no ability to appeal underlying permit) and no appeal of SEPA. Reason – This amendment was in response to an appeal. After further review, this amend is not necessary. 50. Amendment to 15.240.040 Docket of Proposed Amendments for the City Council to create the Docket (single action) and subsequent processing for the Planning Commission. Reason – This amendment is a Council add-on to remove the nature of the extended docket process which starts with the Planning Commission. The existing process adds considerable time. The amendment will start the docket process with Council, thereby cutting the duration of the process considerably. 51. Amendment to allowed uses table to expand commercial activity (limited to 2K) in the residential district with parameters. Reason - Council add-on at the behest of citizen request during the docket finalization. This amendment allows residential neighborhoods to include “pocket” commercial development on a limited scale. This also has the benefit of creating a mixed-use FINAL COML City Council 4-14-26, Page 77 of 239 Page 10 of 10 neighbor where services are near residences (encourages walkable community) (the example is “Frank’s Market”) FINAL COML City Council 4-14-26, Page 78 of 239 MOSES LAKE CITY COUNCIL Tuesday, March 10, 2026 STUDY SESSION Senior Planner Nathan Pate outlined the 2025 Code Amendments Group 2, 3, and 4 regarding streets, zoning, mini storages, cargo containers, short term rentals, design standards, parking, landscaping, building permits, signage, advanced construction, preliminary plats, preliminary engineering, and compliance. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 7:08 p.m. by Mayor Swartz in the Council Chambers of the Civic Center with audio remote access. Special notices for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Swartz; Deputy Mayor Myers; Council Members Lombardi, Skaug, Fancher, Graves, and Davis. PLEDGE OF ALLEGIANCE Columbia Basin Resource Center Representative Dan Delano led the Flag Salute. AGENDA APPROVAL Mayor Swartz requested Consent Agenda item (c) Western Avenue Vacate Ordinance be removed from the Agenda. Action taken: Deputy Mayor Myers moved to approve the Agenda as amended, second by Council Member Lombardi. The motion carried 7 – 0. PRESENTATIONS LKQ Corporation Ribbon Cutting Presentation LKQ Plant Manager Justin Cleveland presented the Council with scissors to commemorate the ribbon cutting ceremony of thier new 160 acre Automotive Recycling Plant in Moses Lake. Mr. Cleveland announced this is LKQ’s largest plant in North America, would generate over 60 local jobs, and act as a storefront for the public to purchase auto parts. Mobile Outreach and Transportation Services (MOTS) Quarterly Report Dan Delano from the Columbia Basin Resource Center provided an update on the MOTS program which provides support and transportation to treatment for individuals experiencing homelessness. In the last four months, 17 individuals were transported to rehab facilities in Spokane and Yakima. After completing treatment individuals were placed in sober living programs including the Oxford Houses in Moses Lake. Three individuals were provided bus fare to their hometowns to reconnect with their support systems. FINAL COML City Council 4-14-26, Page 79 of 239 Hansen Rd Overpass Replacement Chris Keifenheim from the WSDOT provided an update on the Hansen Rd. Bridge replacement. Bridge designs are being now, demolition will occur between June and July, bridge construction beginning in July with an estimated completion by January 2027. As the current detour route, the Hiawatha Bridge has been patched to prevent further deterioration. The Adams Rd. Bridge is currently closed and will be assessed for repair or replacement. Municipal Airport Commission Appointment and Reappointments Mayor Swartz recommended appointment of Kelly Dagorett and reappointments of Darrin Jackson and Finley Grant as Commissioners to four-year terms ending March 31, 2030. Commissioner Jackson introduced Mrs. Dagorett. Action taken: Council Member Fancher moved to confirm approve the appointment and reappointments, second by Council Member Davis. The motion carried 7 – 0. Richard Pearce Recognition Commissioner Jackson recognized former Airport Commissioner Richard Pearce. Mr. Pearce served over 33 years on the Municipal Airport Board, served on the Planning Commission, and served 20 years on the City Council including time as Mayor, Deputy Mayor. Mayor Swartz presented a plaque to Mr. Pearce to commemorate his service to Moses Lake. Lodging Tax Advisory Committee (LTAC) Appointment Mayor Swartz announced the LTAC was seeking Council to approve appointment of Kurin Pandher as Commissioner to one-year term ending December 31, 2026. Action taken: Council Member Fancher moved to confirm the appointment, second by Council Member Graves. The motion carried 7 – 0. America 250 Events Presentation Cultural Services Superintendent Dollie Boyd detailed the events that would be taking place to celebrate America’s Semiquincentiennial in Moses Lake. Events include a May 15 opening reception and gallery exhibit, six summer concerts, a photography contest, panel discussion, and a six part speaker series running from May 16 to July 30. American flags will also be displayed throughout downtown Moses Lake. CITIZEN’S COMMUNICATION School Zone Safety – Adam Sutter wanted to raise awareness on the importance of school zone safety and shared frustration about citizens speeding in school zones. Knife Selling – Cheryl Keeler voiced her concerns about being told she cannot sell her hunting and fishing knives at public events in Moses Lake. Ice Chiller – Brandon Guernsey represented the Moses Lake Youth Hockey Association and asked the Council to expedite the process of approving a solution for the broken Ice Rink Chiller. He stated the Association and their supporters are happy to assist in any way. FINAL COML City Council 4-14-26, Page 80 of 239 CONSENT AGENDA #1 a. City Council Meeting Minutes November 20 to December 29, 2025 b. Checks: 173417 – 173650 - $1,195,818.00 Payroll AP Expenses: PP2605 - $10,280.78 Payroll Checks: PR 2605, 2-27-26 PR #67496-67507 - $3,248.59 Electronic Payments: PR 2605, 2-27-2026 Direct Deposit - $693,075.00 Total expenditure required and budgeted: $1,902,422.37 c. Western Ave Vacate Ordinance 3092- removed from Agenda d. 2026 Fee Schedule Update Resolution 4034 e. Grant County Recording Fee Surcharge Agreement Action taken: Deputy Mayor Myers moved to approve the Consent Agenda as amended, second by Council Member Fancher. The motion carried 7 – 0. OLD BUSINESS #2 2026 Development Regulations Amendment Docket Planning Manager Vivian Ramsey requested approval of the 2026 Development Regulations Amendment Docket which directed future meetings to amend regulations, streamline processes, and requested Council to not accept any site-specific amendments to the Comprehensive Plan until the update is complete. Action taken: Council Member Fancher moved to approve the 2026 Development Regulations Amendment Docket as presented, second by Council Member Graves. The motion carried 7 – 0. #3 Ice Rink Chiller Permanent Options PRCS Director Doug Coutts presented options for repairing or replacing the existing Ice Rink Chiller with a portion of the costs to be covered by insurance and consideration for the remainder of the costs by applying for LTAC capital project funds. Staff recommended Option B1 as the most responsible and effective choice for the City. Council agreed on pursuing Option B1 and requested to set up an Emergency Meeting with the LTAC members for a recommendation of spending capital funds. #4 Armored Vehicle Purchase Police Chief Sands requested authorization to purchase the Lenco BearCat to enhance safety for officers and the public. The 2026 Budget includes 48% of funding from the Drug Seizure Fund, 45% from the Tactical Response Team Fund, and 7% from the High Crimes, Low Population/Violent Crimes Fund. Action taken: Council Member Davis moved to approve the purchase of the Lenco BearCat as presented, second by Council Member Graves. The motion carried 6 – 1, Council Member Lombardi opposed. FINAL COML City Council 4-14-26, Page 81 of 239 NEW BUSINESS #5 Human Services Funding Recommendations Assistant to the City Manager Liz Murillo-Busby reviewed the funding recommendations for the available Human Services Grants totaling $92,000. Eleven organizations applied and the following seven were recommended to receive funds: Senior Center $35,000, Boys and Girls Club $20,000, PEACE $3,000, Restore City Church $3,000, Soup on Saturdays $3,000, Habitat for Humanity $20,000, and Forward Operating Base Columbia $8,000. Action taken: Council Member Lombardi moved to approve the Human Services Funding as presented, second by Council Member Davis. The motion carried 7– 0. Boys and Girls Club – Kim Pope, Executive Director of the Columbia Basin Club voiced her appreciation to the Council for approving the Human Services Funding. STAFF REPORTS Highlights were provided by Finance Director Madeline Prentice on the 2025 4th Quarter Financial Report. Staff provided updates on the Financial Sustainability Plan (FSP), an America 250 Trivia Night at Moore Brewing on March 12, Farmers Market Lucky Finds at the Fairgrounds, Brews and Tunes downtown on March 14, FSP Workshop at the Civic Center on March 16, Chamber of Commerce Business Expo on March 17, and Laguna/Mae Valley Neighborhood Public Meeting at Pillar Rock on March 18. CITY COUNCIL MEMBER REPORTS Update on the Port of Moses Lake and potential funding to finish the railroad and current testing of hybrid aircraft. The Moses Lake Airport Commission is holding an Airport cleanup day on April 11 and a potential Interlocal Agreement between the Irrigation District and the City. The NCW Tech Alliance and Boeing is hosting a STEM night at Garden Heights Elementary School on March 19. The Grant Transit Authority is hosting their Board retreat on March 19. Mayor Swartz mentioned attending the Grant County Republican’s Lincoln Day Dinner. ADJOURNMENT The regular meeting was adjourned at 9:37 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST ____________________________ Debbie Burke, City Clerk FINAL COML City Council 4-14-26, Page 82 of 239 MOSES LAKE CITY COUNCIL TOWNHALL Monday, March 16, 2026 CALL TO ORDER The special meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Mayor Swartz in the Council Chambers of the Civic Center. Financial Sustainability Plan (FSP) Staff provided an overview of the six-year financial forecast and Financial Sustainability Plan process. 35 or 43 in attendance engaged in a short digital survey and all participants were given 12 dots each to be placed on what they felt to be most important of the 30 categories of General Fund budget groups: legislative, administration, community development, miscellaneous, parks and recreation, public works, police, and fire. Results were provided to Council in a slide deck presentation on March 31 and posted to the City’s FSP webpage later that week. ADJOURNMENT The special meeting was adjourned at 7:48 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk FINAL COML City Council 4-14-26, Page 83 of 239 MOSES LAKE CITY COUNCIL Tuesday, March 24, 2026 CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Deputy Mayor Myers in the Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Deputy Mayor Myers, Council Members Lombardi, Skaug, Fancher, Graves, and Davis. Absent: Mayor Swartz. Action taken: Council Member Fancher moved to excuse Mayor Swartz, second by Council Member Davis. The motion carried 6 – 0. PLEDGE OF ALLEGIANCE Former Deputy Mayor Judy Madewell led the Flag Salute. AGENDA APPROVAL Council Member Lombardi requested Consent Agenda item (f) be moved for discussion. Action taken: Council Member Fancher moved to approve the Agenda as amended, second by Council Member Graves. The motion carried 6 – 0. PRESENTATIONS Police Officer Jim Reyna Retirement Recognition – Chief Dave Sands recognized the retirement of Officer Jim Reyna who served the citizens of Moses Lake for 40 years. Deputy Mayor Myers presented Reyna with a plaque and thanked him for his incredible service to Moses Lake. Fire Services Feasibility Study – Katherine Goetz and Chief Don Waller of Berk Consulting outlined the study's scope, which included evaluating three fire service delivery models: maintaining the city department, establishing a fire protection district, and creating a regional fire authority. Council were sent the full written report the following day and will discuss further at the next meeting. Fee Study Kick Off Presentation – Katherine Goetz from Berk Consulting described the fee study's focus on administrative, development, permitting, parks, and general government fees, excluding utility and impact fees. Katherine acknowledged feedback from Council regarding available metrics and software comparison and committed to refining the study approach in collaboration with staff. CITIZEN’S COMMUNICATION 7-OH Ban – Amy Dalluge, Moses Lake, requested Council ban the sale of 7-OH, an unregulated and highly addictive opiate-like substance available in local gas stations that has no age limit required for purchase. FINAL COML City Council 4-14-26, Page 84 of 239 American Affairs – Carol Spurrier, Moses Lake, expressed frustration with the current affairs of the United States. Ms. Spurrier suggested Council create an Ordinance for laws that are un- American and go against the Constitution. PUBLIC HEARING #1 2025 Comprehensive Plan Amendments Ordinance 3092 Senior Planner Nathan Pate presented the 2025 Comprehensive Plan Amendments, including a rezone change, updates to water and sewer connection policies, and water conservation guidelines Deputy Mayor Myers opened the hearing at 7:55 p.m. and there being no comments, the hearing was closed. Council discussed several of the proposed amendments and clarified policy language. Action taken: Council Member Fancher moved to adopt Ordinance 3092 as presented, second by Council Member Lombardi. The motion carried 6 – 0. CONSENT AGENDA #2 a. City Council Meeting Minutes- January 13 - February 24, 2026 b.Electronic Transfer: N/A AP Checks: 173651 –173812 - $943,046.56 Payroll AP Expenses: PP2606 - $392,185.70 Payroll Checks: PR 2606, 3-13-26 PR #67508-67519 - $5,646.94 Electronic Payments: PR 2606, 3-13-2026 Direct Deposit - $682,185.30 Total expenditure required and budgeted: $2,023,064.50 c. Fire Hydrant Use Amendment Ordinance 3093 d.Water System Plan Contract Amendment 3 e.Laerdal Resuscitation Quality Improvement Software Subscription f.moved to discussion g.Industrial Waste Discharge Permit No. 17 D & L Foundry h. Industrial Waste Discharge Permit No. 18 Norco i. Award Large Meter Testing 2026-2029 j.Award Operations Building 3 and 5 re-Roofing Project Action taken: Council Member Graves moved to approve the Consent Agenda excluding item f, second by Council Member Davis. The motion carried 6 – 0. Consent Item (f) First Watch Wellness Contract Amendment Council Member Lombardi asked about the differences between the City’s Employee Assistance Program and the First Watch Wellness Program. Fire Chief Perillo stated that the First Watch program was a specialized mental health service exclusively provided to first responders. Action taken: Council Member Lombardi moved to approve the First Watch Wellness Contract Amendment as presented, second by Council Member Skaug. The motion carried 6 – 0. FINAL COML City Council 4-14-26, Page 85 of 239 OLD BUSINESS #3 Financial Sustainability Plan Follow Up (CG1) City Manager Rob Karlinsey and Finance Director Madeline Prentice presented updated data on City asset growth, staffing compared to population, ARPA expenses, department budget comparisons, and proposed a scoring framework for evaluating programs. Council discussed criteria, risk reduction, and the need for data-driven decision-making ahead of upcoming budget deliberations. Balancing Act Budget Simulation is completed and data will be provided at a future meeting. NEW BUSINESS #4 Downtown Moses Lake Association Contract Assistant to the City Manager Liz Murillo-Busby presented the contract with the Downtown Moses Lake Association to leverage the Main Street Tax Credit program, allocating $250,000 for downtown revitalization and administrative support. Council discussed project management and oversight. Action taken: Council Member Lombardi moved to approve the Downtown Moses Lake Association Contract as presented, second by Council Member Graves. The motion carried 6 – 0. #5 Homeless Fund Interest Finance Director Madeline Prentice reported on the accumulated interest in the homeless fund, recommending a reallocation of $121,759 to the Rainy-Day Fund. Council requested a list of other funds accruing interest. Action taken: Council Member Lombardi moved to approve the Homeless Fund Interest as presented, second by Council Member Graves. The motion carried 6 – 0. #6 Mobile and Street Food Vendors Amending Ordinance – First Presentation Building Official/Fire Marshall Chris Horton presented proposed amendments to the mobile food vendor ordinance, aiming to align local regulations with state requirements and streamline the permitting process. Council discussed fire safety, business licensing, and the impact on local vendors. #7 Extra Territorial Policy Amendment Resolution 4035 City Attorney Katherine Kenison presented an amendment to the Extra Territorial Agreement (ETA) policy to allow recovery of actual staff costs from private property owners for complex ETA applications. Council discussed benefits of streamlining the process and ensuring taxpayers are not subsidizing private development. Action taken: Council Member Fancher moved to adopt Amendment Resolution 4035 as presented, second by Council Member Lombardi. The motion carried 6– 0. STAFF REPORTS PRCS Director Doug Coutts reported on the ice rink chiller budget and new mural at Paul FINAL COML City Council 4-14-26, Page 86 of 239 Lauzier Athletic Complex Mural involving at-risk youth led by artist Phil Seth. CITY COUNCIL MEMBER REPORTS Council reported on the Hanson Bridge Town Hall, Grant County Economic Development Council’s retreat, Port of Moses Lake activities, Grant Transit Board developments, new transit routes, and transit facility upgrades. Announcements included a joint meeting with the Board of County Commissioners on March 30, upcoming council sessions, and Youth Dynamics 30th Anniversary event and downtown cleanup community event. EXECUTIVE SESSION Deputy Mayor Myers called an Executive Session from 9:27 p.m. to 9:52 p.m. to discuss potential litigation pursuant to RCW 42.30.110(1) subsection (i) with no action to follow. Deputy Mayor Myers extended the session for five minutes. ADJOURNMENT The regular meeting was adjourned at 9:57 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk FINAL COML City Council 4-14-26, Page 87 of 239 MOSES LAKE CITY COUNCIL Monday, March 30, 2026 CALL TO ORDER The special meeting portion with the Moses Lake City Council and Grant County Commissioners was called to order at 12:03 p.m. by Commissioner Kevin Burgess in the Grant County Commissioners Chambers at 35 C St. NW in Ephrata, with audio remote access. Special notice for remote attendance was posted on the meeting agenda. Interlocal Agreement for Bridge Environmental Impact Statement Discussion Mayor Swartz announced he and Assistant Public Works Director Leigh Ramsey had productive meetings in Washington D.C. last week. They advocated for a $1.5 million earmark request to pay for the Environmental Impact Statement which includes studies, analysis, and design for a new Lake Crossing project. Benefits of the new Lake Crossing include reduced traffic congestion, more efficient delivery of utilities, and providing an additional freight delivery route to the Port of Moses Lake. Mayor Swartz proposed the City of Moses Lake be the lead agency for the project while noting all proposed bridge crossing locations were owned by Grant County. Grant County Administrator Tom Gaines stated the County would not be competing with the City by submitting any similar requests for funding. 2027 Comprehensive Plan Coordination Jim Anderson Cook, Grant County Development Services Director provided an update on the 2027 Grant County Comprehensive Plan. Mr. Cook asked all 13 cities to perform a Land Capacity Analysis of housing, jobs, and industrial landscape to determine if Urban Growth Areas (UGA) need to be expanded to accommodate for growth. Moses Lake City Manager Rob Karlinsey detailed progress on Moses Lake’s Comprehensive Plan, including input being provided by advisory committees and a focus on climate resiliency policies. The plan has an anticipated adoption date of June 2027. Mr. Karlinsey also discussed another Interlocal Agreement between the City of Moses Lake and Grant County to streamline the permitting process in UGA’s. Mr. Cook mentioned Grant County is currently working on updating antiquated policies in place for all cities. County and City Updates Mr. Gaines provided an update on the new Grant County Jail, stating it would be finished on time and under budget with an opening date in late May of 2026. ADJOURNMENT The special meeting was adjourned at 12:54 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk FINAL COML City Council 4-14-26, Page 88 of 239 MOSES LAKE CITY COUNCIL Tuesday, March 31, 2026 CALL TO ORDER The special meeting of the Moses Lake City Council was called to order at 6:04 p.m. by Mayor Swartz in the Council Chambers of the Civic Center. 1.Fire Service Feasibility Study Katherine Goetz and Chief Don Waller of Berk Consulting provided additional explanation from slide deck presentation on March 24 regarding levy rate changing July 1 and levy options. Council discussed a hybrid option process, contracting out services to the Fire District and de-annexation from the Fire District. 2. Comprehensive Plan Contract Amendment Planning Manager Vivia Ramsey requested a $10,000 amendment for consultant Nexus Planning Services for additional work on recent legislation expanding Categorical Exemption regulations. Action taken: Council Member Fancher moved to approve the Comprehensive Plan Contract Amendment as presented, second by Council Member Graves. The motion carried 7 – 0. 3.Water and Irrigation Rights FCS Consultant Chase Bozett presented slide deck summarizing research on the water rate designs, usage rate data, and 5 rate schedule options. Council agreed to pursue Option 4, providing savings for most customers. Option 4 results in the following annual rate increases: 3% for Duplexes, 3.5% for Single-Family homes, 5.5% for Commercial/Industrial, and 6% for Multi-Family homes. 4.Financial Sustainability Plan Follow Up •Budget Comparisons with Other Cities - Management Intern Nathan Loutsis presented a slide deck to analyze the comparison between the various departmental service costs of Moses Lake and similar sized cities in Washington. Data showed Moses Lake spends significantly more on Parks, Recreation and Cultural Services per capita than other cities. Based on assessed value, The Moses Lake Fire Department and Ambulance Budget were higher, while the per call cost was average compared to other cities. The Police Budget was comparable to other cities. The Public Works Budget was below average in comparison to other cities. •Balancing Act Budget Simulation Results - City Manager Rob Karlinsey distributed binders to Council at the meeting containing results from 117 submissions to the simulation platform and showed Council how to navigate results in the platform. •Town Hall Public Input Results - Assistant City Manager / Technology & Support Services Director James Richmond provided a slide deck to show results from the survey and dot exercise conducted March 16. Written comments were handed out to Council at the meeting. •Additional Data and Charts – Assistant to the City Manager Liz Murillo-Busby provided a slide deck to show comparisons of assessed values, sales tax, property tax, median FINAL COML City Council 4-14-26, Page 89 of 239 household income, with original cities as well as Pasco, Kennewick, Richland, and Wenatchee. A Price of Government graph illustrated commercial and residential utility and property tax history in relation to population and income in the City. •Scoring Criteria for Enhanced Programs – City Manager Rob Karlinsey provided a slide deck showing a chart of the 2026 Budget by Service Levels and explained the enhanced programs scoring criteria with council agreeing to score the programs on a 1-7 scale with 7 representing the best performing program. Council will be completing individual scoring of enhanced programs on April 14. ADJOURNMENT The special meeting was adjourned at 8:29 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk FINAL COML City Council 4-14-26, Page 90 of 239 Council Agenda Bill Subject Distribution Report from 3.24.26 Department Finance Presenter at the Meeting Madeline Prentice, Finance Director Packet Attachments (if any) Vouchers -4.14.26.pdf 114.75KB Meeting Date: 4/14/2026 Agenda Item Number: 64471 Proceeding Type Consent Agenda Proposed Council Action/Motion: Information Only Receive and File Discuss Provide Direction Public Hearing Adopt/Approve Authorize Other Motion required. Recommended Motion Staff recommends City Council approve payment of claims as presented. Summary/Background The following amounts were budgeted, and sufficient funds were available to cover these payments. Electronic Transfer: N/A AP Checks:  173813 –174059 - $1,145,774.88 Payroll AP Expenses: PP2607 - $1,541,781.84 Payroll Checks: PR 2607, 3-27-26 PR #67520-67531 - $4,399.98 Electronic Payments: PR 2607, 3-27-2026 Direct Deposit - $665,780.09 Total expenditure required and budgeted: $3,357,736.79 RCW42.24 governs the process for audit and review of claims and payroll payments for the city.  RCW 42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a monthly basis.  The State Budgeting, Accounting and Reporting Systems (BARS)Manual outlines the above format for approval by the City Council.    RCW42.24.080 requires that all claims presented against the city by persons furnishing materials, rendering services, or performing labor must be certified by the appropriate official to ensure that the materials have been furnished, the services rendered, or the labor performed as described, and that the claims are just, due and unpaid obligations against the city.   RCW42.24.180 allows expedited processing of the payment of claims when certain conditions have been met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2)the legislative body has adopted policies that implement effective internal control; (3) the legislative body has provided for review of the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they shall be recognized as receivables and diligently pursued.   The City meets all these conditions.  Fiscal Consideration To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during the period prior to the date of the Council meeting.   All payments made during this period were found to be valid claims against the City. Details are attached and any questions should be directed to the City Manager or Finance Director.  The City’s internal controls include certification ofthe validity of all payments by the appropriate department prior to submissionfor payment. The Finance Director has delegated authority for the examinationof vouchers and authorization of payments to the Finance, Accounts Payable, andPayroll staff. All payments are reviewed and validated. The Finance Divisionregularly reviews its processes to ensure appropriate internal controls are inplace. FINAL COML City Council 4-14-26, Page 91 of 239 City Council Priorities or Budget Objectives Addressed Preamble: The City’s top priority will always be fulfilling its core mission, which includes ensuring public safety, maintaining the City’s infrastructure, complying with state and federal mandates, and safeguarding the City’s finances. #1 - Achieve Financial Sustainability #2 - Secure Sustainable and Reliable Municipal Water Sources #3 - Improve the City's Image and Reputation #4 - Fire Department Service Delivery Model and Third Fire Station #5 - New Police Station #6 - Second Lake Crossing #7 - WSDOT Highway Projects in Moses Lake Reviewed and Approved by: City Manager - Rob Karlinsey on 4/8/2026 Finance - Madeline Prentice on 4/7/2026 FINAL COML City Council 4-14-26, Page 92 of 239 TOTALS BY FUND: FUND NO FUND NAME Est. Fund Bal. @ 03/24/2026 AMOUNT Est. Fund Bal. @ 04/14/2026 001 GENERAL FUND 9,409,040 774,679.33 8,634,360 005 RAINY DAY FUND 518,207 - 518,207 102 TOURISM 2,569,835 15,975.00 2,553,860 103 GRANTS AND DONATIONS 1,532,648 18,054.38 1,514,594 105 ARPA 844,523 - 844,523 110 HOMELESS SERVICES 819,109 - 819,109 111 OPIOID ABATEMENT 241,718 - 241,718 112 PUBLIC ARTS PROGRAM 98,600 - 98,600 114 PATHS/TRAILS 178,496 - 178,496 116 STREET 963,754 29,657.24 934,097 119 STREET REPR/RECON 8,121,986 86,153.69 8,035,833 170 TRANSPORTATION BENEFIT DISTRICT 1,924,746 - 1,924,746 282 LOCAL BORROWING 984,872 - 984,872 286 REFUNDING GO BONDS 2015 184,580 - 184,580 314 PARK & RECREATION IMPROVEMENTS - - - 315 PARK MITIGATION CAPITAL PROJECTS 110,017 49,145.10 60,872 320 FIRE MITIGATION FUND 1,327,480 - 1,327,480 411 WATER 8,876,237 115,395.04 8,760,842 412 WASTEWATER 4,298,640 156,641.37 4,141,999 450 2011 BOND FUND 10,304 - 10,304 452 2004 BOND FUND 5,732 - 5,732 471 WATER RIGHTS 2,345,084 - 2,345,084 472 WATER REMEDIATION 1,366,591 4,600.00 1,361,991 473 STORMWATER CONSTRUCTION 137,188 - 137,188 477 WATER CONSTRUCTION 6,730,799 10,360.79 6,720,438 478 WASTEWATER CONSTRUCTION 1,006,648 - 1,006,648 485 PWTF WATER-WASTEWATER DEBT SVS 20,196 - 20,196 487 2015 GO BONDS REDEMPTION 9,504 - 9,504 490 SANITATION 3,386,636 341,189.88 3,045,446 493 STORM WATER 977,317 29,743.93 947,573 495 AIRPORT 80,694 852.05 79,842 498 AMBULANCE 2,400,415 62,095.85 2,338,319 501 UNEMPLOYMENT COMPENSATION INSURANCE 247,957 - 247,957 503 SELF-INSURANCE 659,089 - 659,089 517 CENTRAL SERVICES 1,267,692 27,150.15 1,240,542 519 EQUIPMENT RENTAL 3,854,835 114,918.06 3,739,917 528 BUILDING MAINTENANCE 1,765,273 74,464.31 1,690,808 611 FIRE PENSION 649,596 1,712.88 647,883 623 DEPOSIT 1,827,254 774,767.67 1,052,486 631 STATE 27,463 27,463 TOTAL 71,780,755$ 2,687,556.72$ 69,093,199$ City of Moses Lake Tabulation of Claims Paid-Summary by Fund Council Meeting Date-04/14/2026 FINAL COML City Council 4-14-26, Page 93 of 239 Check Name Check Amount Check Date Invoice Description 173813 ABEL MANCILLA 242.67 03/20/2026 Refund Utility Overpayment 173814 CHARLOTTE HILLMAN 91.69 03/20/2026 Refund Utility Overpayment 173815 FORPLEX LLC 274.86 03/20/2026 Refund Utility Overpayment 173816 GMTPM 159.03 03/20/2026 Refund Utility Overpayment 173817 JAVIER OR JUANITA RAMIREZ 159.78 03/20/2026 Refund Utility Overpayment 173818 JOSEPH OR CHRISTINE AUVIL 88.17 03/20/2026 Refund Utility Overpayment 173819 KAYLA OR ELLIOTT DELONG 181.96 03/20/2026 Refund Utility Overpayment 173820 KORENE MACIESKI 88.66 03/20/2026 Refund Utility Overpayment 173821 MCKENZIE OR LEO HAASE 263.16 03/20/2026 Refund Utility Overpayment 173822 NORTH STAR TRUSTEE LLC 325.20 03/20/2026 Refund Utility Overpayment 173823 NORTHWEST PROPERTIES QUINCY LLC 74.70 03/20/2026 Refund Utility Overpayment 173824 PETER BELOBORODYY 184.22 03/20/2026 Refund Utility Overpayment 173825 RHONDA SNOOK 38.18 03/20/2026 Refund Utility Overpayment 173826 RUBY RED RENTALS LLC 181.21 03/20/2026 Refund Utility Overpayment 173827 THE ESTATE OF THOMAS P. GREEN 44.85 03/20/2026 Refund Utility Overpayment 173828 A & H Printers Inc 81.38 03/23/2026 Business Cards - A. Morton 173829 A2A Integrated Logistics, Inc 2,092.08 03/23/2026 Medical Supplies 173830 AAA Readymix Inc 1,522.78 03/23/2026 Concrete Delivery: David St. & Trunagin 173831 Abc Hydraulics 797.56 03/23/2026 Misc. Parts 173832 Altec Inc.401.99 03/23/2026 Misc. Parts 173833 Amazon Capital Services, Inc.1,733.78 03/23/2026 Operating Supplies 173834 American Linen Inc 478.90 03/23/2026 Ambulance Linens 173835 Anatek Labs, Inc.6,602.00 03/23/2026 Sample Testing 173836 AT&T Mobility II, LLC 799.24 03/23/2026 Cell Phones 173837 Basin Propane LLC 28.42 03/23/2026 Propane 173838 Battery Systems Inc 549.48 03/23/2026 L3/H6/48-Cp Battery 173839 Bethany Rose Iverson 85.40 03/23/2026 Museum Consignment Sales 173840 Bound Tree Medical LLC 151.37 03/23/2026 Medical Supplies 173841 Branom Operating Company LLC 200.94 03/23/2026 Calibration 173842 Cascade Natural Gas Corp 1,040.77 03/23/2026 Natural Gas 173843 Cascadia Law Group PLLC 4,600.00 03/23/2026 General Legal Feb 2026 173844 Central Machinery Sales Inc 3,605.24 03/23/2026 Dozer Rental 173845 Columbia Bearing Bdi 129.89 03/23/2026 Oil Seals 173846 Commercial Tire Inc 166.50 03/23/2026 Tire Disposal 173847 Connell Oil 1,157.93 03/23/2026 Oil 5W/30 173848 Copiers Northwest Inc 77.04 03/23/2026 Equipment Contract Fees 173849 D & L Supply Company Inc 596.75 03/23/2026 Rings 173850 Dell Marketing 923.48 03/23/2026 Monitors 173851 Evergreen StormH2O 9,214.79 03/23/2026 Stormwater Comp Plan & Rate Study 173852 Faber Industrial Supply 256.11 03/23/2026 Parts/Supplies 173853 Ferrellgas 21.99 03/23/2026 Propane 173854 Fulcrum Strategy Group LLC 17,150.00 03/23/2026 Multi-Modal Survey Research 173855 Galls LLC 384.98 03/23/2026 Uniform 173856 Genuine Parts Company, Inc.672.12 03/23/2026 Equipment Parts 173857 Grace Nixon 33.60 03/23/2026 Museum Consignment Sales 173858 Grant County Animal Outreach 45,249.99 03/23/2026 Contract Payment City of Moses Lake AP Checks Issued with Summary Description FINAL COML City Council 4-14-26, Page 94 of 239 City of Moses Lake AP Checks Issued with Summary Description 173859 Gray & Osborne, Inc.493.09 03/23/2026 Well 34 Pilot Study And Project Report 173860 H D Fowler Company 5,337.68 03/23/2026 Parts/Supplies 173861 Haglund's Trophies, LLC 25.44 03/23/2026 Name Plates 173862 Home Depot Credit Services 825.18 03/23/2026 Parts / Supplies Statement Feb 2026 173863 Huntwork Enterprise LLC 266.37 03/23/2026 Larson Freezer Pro Services 173864 Ibs Inc 549.72 03/23/2026 Misc. Parts 173865 Idexx Distribution, Inc.4,919.18 03/23/2026 Gamma Irad Colilerts 173866 Inland Body & Paint 441.60 03/23/2026 Repair Eq #244 173867 Inland Pipe & Supply Company 58.41 03/23/2026 Repair Kit 173868 Jordan Gilmore Inc.8,403.00 03/23/2026 Onboarding Software Sub 173869 Katherine Kenison, PS 20,500.00 03/23/2026 City Atty Services - Feb 2026 173870 Keller Associates 29,110.25 03/23/2026 2025 Sewer On-Call Contract 173871 Kelley Create 1,091.97 03/23/2026 Equipment Contract Fees 173872 Lad Irrigation Company Inc 89.94 03/23/2026 Camlocks/Clamps 173873 Les Schwab Tire Center 1,064.16 03/23/2026 St225/75R Tires 173874 Life -Assist, Inc.1,454.77 03/23/2026 Medical Supplies 173875 Linde Gas & Equipment Inc 19.94 03/23/2026 Co2 173876 Lowes 1,826.35 03/23/2026 Parts / Supplies Statement Feb 2026 173877 Martin Schempp 644.00 03/23/2026 Museum Consignment Sales 173878 McKesson Medical-Surgical 225.99 03/23/2026 Medical Supplies 173879 MES Service Company LLC 704.81 03/23/2026 Equipment, Hose 173880 Michael Reed 18.90 03/23/2026 Museum Consignment Sales 173881 Moses Lake Steel Supply 154.96 03/23/2026 Tubing 173882 Norco Enterprises Inc 483.35 03/23/2026 Medical Supplies 173883 North 40 Outfitters 145.26 03/23/2026 Misc. Tools 173884 Northstar Chemical Inc 2,569.60 03/23/2026 Sodium Hypochlorite 173885 Oreilly Auto Parts 13.04 03/23/2026 Sway Bar 173886 Oxarc Inc 120.04 03/23/2026 Parts/Supplies 173887 Pamela Petry-McKinsey 424.90 03/23/2026 Museum Consignment Sales 173888 Pasco Tire Factory, INC 2,106.48 03/23/2026 255/60R18 Tires 173889 Pearl Many Hintz 50.40 03/23/2026 Museum Consignment Sales 173890 Perteet, Inc.2,814.16 03/23/2026 Sr17/Yonezawa Intersection 173891 Pro Touch Car Wash & Auto Detail LLC 113.35 03/23/2026 February Car Washes 173892 Robert Bischoff 273.42 03/23/2026 Uniform 173893 Robert Layne Ray 84.00 03/23/2026 Museum Consignment Sales 173894 Sherwin-Williams 225.67 03/23/2026 Paint For Graffiti 173895 Skaug Brothers Glass 70.53 03/23/2026 Windshield Repair 173896 Spaldings Inc 208.32 03/23/2026 Misc. Parts 173897 The Wide Format Company 1,117.33 03/23/2026 Plotter Paper & Ink 173898 Turf Star Western 817.93 03/23/2026 Tie Rods/Pedal Kit 173899 UPS Store 2469 11,936.81 03/23/2026 Metered Mail/Printing 173900 Washington Association of Building Officials 109.00 03/23/2026 2026 Wabo Membership 173901 Central Mechanical Services 268.13 03/24/2026 Permit Overpayment Reimbursement 173902 Derek Perez 210.00 03/24/2026 CDL Physical Reimbursement 173903 Diego Rangel Dominguez 175.00 03/24/2026 CDL Physical Reimbursement 173904 Eternal Hotels 544.90 03/24/2026 Water Modeling Permit Overpaid 173905 Garland/DBS, Inc 26,574.35 03/24/2026 Retainage Calculation Correction FINAL COML City Council 4-14-26, Page 95 of 239 City of Moses Lake AP Checks Issued with Summary Description 173907 Lakeside Disposal, Inc 328,571.33 03/24/2026 Haul Contract Payment Feb '26 173908 Port of Moses Lake 1,588.95 03/24/2026 ACH Sent to COML in Error 173909 Shannon Springer 10.48 03/24/2026 Postage Reimbursement 173910 Ben Schober 204.00 03/24/2026 Travel Per Diem 173911 Curt Ledeboer 296.00 03/24/2026 Conference Per Diem 173912 Jeffrey Gaddis 296.00 03/24/2026 Conference Per Diem 173913 Lizabeth Murillo Busby 65.00 03/24/2026 Travel Per Diem 173914 Mitchell Hohman 296.00 03/24/2026 Conference Per Diem 173915 Jovita Cantu 136.30 03/25/2026 Training Travel Mileage 173916 Curt Ledeboer 9,623.84 03/25/2026 Replenish Buy Moneys 173917 A & H Printers Inc 81.38 03/26/2026 Debbie Business Cards 173918 American Linen Inc 478.90 03/26/2026 Professional Services 173919 Berk Consulting 9,092.50 03/26/2026 Fire Feasibility Study 173920 Bound Tree Medical LLC 274.99 03/26/2026 Medical Supplies 173921 Bud Clary Ford LLC 4,703.47 03/26/2026 Lamps 173922 Cascade Natural Gas Corp 1,770.40 03/26/2026 LRC Natural Gas 173923 Centurylink 14.49 03/26/2026 Long Distance Service 173924 Centurylink 195.90 03/26/2026 Telephone Services 173925 Columbia Basin Herald 132.73 03/26/2026 Advertising 173926 Columbia Bearing Bdi 78.71 03/26/2026 Oil Seals 173927 Commercial Tire Inc 1,092.36 03/26/2026 Tires/Disposal 173928 Control Systems NW, LLC 1,198.45 03/26/2026 Sand Dunes Blower Controller 173929 Copiers Northwest Inc 168.48 03/26/2026 Equipment Contract Fees 173930 Databar Inc 2,314.43 03/26/2026 Utility Billing Invoices 173931 Direct Mail, Inc 553.80 03/26/2026 Columbia Basin Magazine 173932 Faber Industrial Supply 413.66 03/26/2026 Misc. Hammers 173933 General Fire Apparatus Inc 587.69 03/26/2026 Valve Assembly 173934 Genuine Parts Company, Inc.137.44 03/26/2026 Seals 173935 Gonzalez Underground LLC 76,319.23 03/26/2026 Wheeler & L Roundabout 173936 Haglund's Trophies, LLC 25.44 03/26/2026 City Clerk Name Plate 173937 Ibs Inc 2,959.82 03/26/2026 Parts/Supplies 173938 Inland Body & Paint 481.47 03/26/2026 Repair Eq # 175 173939 Joy Johnston 278.75 03/26/2026 Graphic Design- Federal Funding 173940 Les Schwab Tire Center 1,908.88 03/26/2026 225/70R19.5/14 Tires/Tire Mounts 173941 Life -Assist, Inc.860.68 03/26/2026 Medical Supplies 173942 McKesson Medical-Surgical 382.55 03/26/2026 Medical Supplies 173943 MES Service Company LLC 115.97 03/26/2026 Uniform 173944 Moon Security Services Inc 258.12 03/26/2026 Security Services 173945 Moses Lake Steel Supply 65.33 03/26/2026 Misc. Parts 173946 North 40 Outfitters 10.03 03/26/2026 Parts/Supplies 173947 Northstar Chemical Inc 4,048.00 03/26/2026 Sodium Hypochlorite 173948 Owen Equipment Company 210.39 03/26/2026 Equipment Parts 173949 Oxarc Inc 448.27 03/26/2026 Misc. Parts 173950 Platt Electric 375.62 03/26/2026 Misc. Parts 173951 Rdo Equipment Co.56.14 03/26/2026 Pins/Retainer 173952 RH2 Engineering Inc.1,900.35 03/26/2026 On-Call Scada-Water Maint 173953 Safariland LLC 63.00 03/26/2026 TRT Supplies FINAL COML City Council 4-14-26, Page 96 of 239 City of Moses Lake AP Checks Issued with Summary Description 173954 Safety Kleen Corp 382.22 03/26/2026 Oil Filter Waste/Parts Washer Service 173955 SHI International, Inc 48.89 03/26/2026 Adobe Subscription 173956 Shirtbuilders Inc 4,660.94 03/26/2026 Program T Shirts 173957 Tyler Technologies, Inc.3,152.00 03/26/2026 Implementation Costs 173958 UPS Store 2469 588.45 03/26/2026 Operating Supplies, Posters 173959 Us Postal Service 4,188.30 03/26/2026 1000037072 PI 91- Postage Deposit 173960 Washington State Department of Ecology 7,525.88 03/26/2026 Biosolids Annual Permits 173961 Weinstein Beverage Company 88.00 03/26/2026 Water Services 173962 Western Integrated Technologies, Inc 282.74 03/26/2026 Equipment Parts 173963 Douglas Cramer 1,059.35 03/27/2026 Overpayment On Account 173964 Angela Kay Malecha 445.97 03/27/2026 Refund Utility Overpayment 173965 James or Veronica Bradley 102.47 03/27/2026 Refund Utility Overpayment 173966 Jeremy or Kathalene Reese 178.23 03/27/2026 Refund Utility Overpayment 173967 Moses Lake School District 6,945.24 03/27/2026 Refund Utility Overpayment 173968 Ray or Donna Nelson 275.00 03/27/2026 Refund Utility Overpayment 173969 Robert J. Dempsay Jr 41.44 03/27/2026 Refund Utility Overpayment 173970 Ruby Red Rentals LLC 27.25 03/27/2026 Refund Utility Overpayment 173971 Janelle Sword 1,018.04 03/31/2026 March Retiree Pension 2026 173972 Luther Stowers 694.84 03/31/2026 March 2026 Retiree Pension 173973 2M Company Inc 62.39 04/02/2026 Pool Plumbing Repair Parts 173974 A & H Printers Inc 1,100.20 04/02/2026 Printing Services 173975 Abc Hydraulics 1,261.48 04/02/2026 Equipment Parts 173976 Alan Key 488.25 04/02/2026 Preemployment Polygraphs 173977 Amazon Capital Services, Inc.5,270.98 04/02/2026 Supply Purchase Statements 173978 American Water Works Assoc 1,210.00 04/02/2026 2026 WA Water Utility Council Dues 173979 Anatek Labs, Inc.1,035.00 04/02/2026 Sample Testing 173980 Applied Industrial Systems, LLC 49,145.10 04/02/2026 Chiller Rental - 3rd Month 173981 AT&T Mobility II, LLC 2,915.46 04/02/2026 Cell Phones 173982 Baker Tilly US, LLP 8,685.00 04/02/2026 Finance Bank Rec Pro Services 173983 Basin Propane LLC 39.47 04/02/2026 Propane 173984 Basin Septic Services Inc 2,052.82 04/02/2026 Portable Toilet Services 173985 Bud Clary Ford LLC 68,690.76 04/02/2026 2026 Ford Transit Passenger Van 173986 Cascade Natural Gas Corp 525.23 04/02/2026 Natural Gas Services 173987 Centurylink 395.08 04/02/2026 Telephone Services 173988 Cobies Fine Dry Cleaning 180.76 04/02/2026 Drycleaning 173989 Columbia Basin Herald 478.29 04/02/2026 Advertising 173990 Copiers Northwest Inc 12,496.23 04/02/2026 Equipment Contract Fees 173991 Criminal Justice Training Commission 386.05 04/02/2026 Training 173992 Cummins-Allison Corp.671.62 04/02/2026 Money Counter Maintenance 173993 D & L Supply Company Inc 14,339.91 04/02/2026 Misc. Parts 173994 Ferguson Enterprises Inc #3007 52.28 04/02/2026 Misc. Parts 173995 First Responder Outfitters, Inc 609.23 04/02/2026 Uniform- High Crimes 173996 Genuine Parts Company, Inc.729.52 04/02/2026 Equipment Parts 173997 GMP Consultants 6,402.90 04/02/2026 Finance Director Search/Travel 173998 Grant County Treasurer 47,963.37 04/02/2026 2026 1St Half Property Tax 173999 Grant County Treasurer 824.13 04/02/2026 Liquor Profits 2% 174000 Grant County Treasurer 1,014.37 04/02/2026 Liquor Profits 2% FINAL COML City Council 4-14-26, Page 97 of 239 City of Moses Lake AP Checks Issued with Summary Description 174001 Gunarama Wholesale Inc 2,834.45 04/02/2026 Firearm Supplies 174002 H D Fowler Company 946.43 04/02/2026 Hydrant Parts 174003 IIA Lifting Services, Inc.1,185.59 04/02/2026 Ladder Maintenance 174004 Inland Northwest Veterinary Dentistry 6,064.20 04/02/2026 K-9 Jester Root Canal 174005 Inland Pipe & Supply Company 89.85 04/02/2026 Misc. Parts 174006 Jerome P Fanucci 7,020.30 04/02/2026 Wheeler Rd & Rd L Roundabout 174007 Kottkamp & Yedinak, P.L.L.C.2,300.00 04/02/2026 Planning Pro Services 174008 L N Curtis & Sons 7,390.74 04/02/2026 Operating Supplies, SCBA 174009 Lad Irrigation Company Inc 501.85 04/02/2026 Pvc Supplies Waterline Repair 174010 Les Schwab Tire Center 237.83 04/02/2026 St205/75R-15/8 Tires 174011 Life -Assist, Inc.1,757.32 04/02/2026 Medical Supplies 174012 Localtel Communications 1,425.75 04/02/2026 Internet Services 174013 Manta Ray Aquatics 7,475.00 04/02/2026 LTAC- ThankSwimming 2025 174014 McKesson Medical-Surgical 677.98 04/02/2026 Medical Supplies 174015 Moon Security Services Inc 201.64 04/02/2026 Security Services 174016 Morrison Mobile Veterinary Services 136.11 04/02/2026 K9 Vet 174017 Moses Lake Steel Supply 133.53 04/02/2026 Parts/Supplies 174018 Multi Agency Comm Center E911 66,764.36 04/02/2026 Law/Fire/Ems Calls 174019 North 40 Outfitters 397.66 04/02/2026 Parts/Supplies 174020 Northwest Public Broadcasting 1,000.00 04/02/2026 LTAC - Appraisal Fair Ads 174021 Paramount Supply Company 473.75 04/02/2026 Pool Heater Piping 174022 Pasco Tire Factory, INC 1,560.74 04/02/2026 Tires 174023 Pitney Bowes Inc 1,378.58 04/02/2026 Postage Machine Lease 174024 Platt Electric 64.24 04/02/2026 Lamps 174025 Pollardwater.Com 97.60 04/02/2026 Hydrant Bag 174026 Protect Youth Sports 2,118.30 04/02/2026 Background Checks 174027 Public Safety Testing Inc 998.00 04/02/2026 Q1 2026 Subscription PD/Fire 174028 Rells Fire Equipment Inc 1,519.60 04/02/2026 Hang 10 Grill Fire Inspection 174029 San Diego Police Equipment 7,915.72 04/02/2026 Ammo 174030 SCL Fence and Supply, LLC 1,958.99 04/02/2026 Fencing 174031 Sherwin-Williams 48.17 04/02/2026 Paint 174032 Silvie Valdez 2,331.00 04/02/2026 Feb '26 Rec Program 174033 Southeast Publications USA, Inc 1,674.00 04/02/2026 LTAC Advertising - Pier 4/Mardon Maps 174034 SWARCO McCain Inc.266.00 04/02/2026 Repair Supplies/Labor 174035 Symbol Arts 490.96 04/02/2026 Awards 174036 T-Mobile Usa, Inc 50.00 04/02/2026 Investigations 174037 The Wide Format Company 786.95 04/02/2026 Toner - Large Printer Engineering 174038 Uline 1,159.30 04/02/2026 Supplies 174039 Usa Blue Book 1,305.68 04/02/2026 Tube Assemblies/Pvc Parts 174040 Weinstein Beverage Company 136.00 04/02/2026 Water 174041 Western Display Fireworks Ltd 7,500.00 04/02/2026 Fireworks - 1st Installment 174042 Whitney Equipment Company Inc 50,128.84 04/02/2026 Replacement Pumps 174043 Ziggys 64.89 04/02/2026 Pool Posts 174044 A&R Real Estate Holdings LLC 1,500.00 04/03/2026 Refund Utility Overpayment 174045 Aleksandr or Anita Sukhovetskiy 141.56 04/03/2026 Refund Utility Overpayment 174046 Gregory or Celia Bell 159.81 04/03/2026 Refund Utility Overpayment 174047 Josiah or Emma Barrett 203.55 04/03/2026 Refund Utility Overpayment FINAL COML City Council 4-14-26, Page 98 of 239 City of Moses Lake AP Checks Issued with Summary Description 174048 Taylor Stevens or Cutter Easterday 199.69 04/03/2026 Refund Utility Overpayment 174049 Doug Coutts 195.00 04/03/2026 Conference Per Diem 174050 Edmund Guerrero 296.00 04/03/2026 Conference Per Diem 174051 Heidi Merritt 203.00 04/03/2026 Conference Per Diem 174052 Hunter Boyd 210.00 04/03/2026 Conference Per Diem 174053 Jose Ramirez 210.00 04/03/2026 Conference Per Diem 174054 Juan Serrato 165.00 04/03/2026 Training Per Diem 174055 Kaydren Dunkin 177.00 04/03/2026 Training Per Diem 174056 Lynn Dodd 203.00 04/03/2026 Conference Per Diem 174057 Omar Ramirez 165.00 04/03/2026 Training Per Diem 174058 Seth Ellis 196.00 04/03/2026 Se Dnr Imt3 2026 174059 Stefanie Dunn 219.00 04/03/2026 Conference Per Diem 1,145,774.88 FINAL COML City Council 4-14-26, Page 99 of 239 Pay Cycle Name Payment Amount Payment Date Payment Description 2606 Life Flight Network 10,875.00$ 3/26/2026 Employee Renewals 2606 Airlift NW 41.16$ 03/25/2026 New Employee Membership 2606 IAFF Local 1258 5,800.00$ 03/25/2026 Fire Union Dues 2606 Moses Lake Police Guild 630.00$ 03/25/2026 Police Union Dues 2606 NY Child Support Center 184.61$ 03/25/2026 Employee Child Support 2606 Office of Financial Recovery 265.00$ 03/25/2026 Employee Garnishment 2606 WACOPS LDG 2,300.50$ 03/25/2026 Police Dues 2606 WA Council of Police & Sheriffs 537.50$ 03/25/2026 Police Dues 2606 AFSCME 3,244.75$ 03/25/2026 Union Dues- PW/Parks/Com Dev 2604 Assn of Washington Cities 553,229.50$ 02/09/2026 Medical Premiums 2606 Assn of Washington Cities 548,379.08$ 03/03/2026 Medical Premiums 2606 Department of Social & Health Services 1,770.14$ 03/17/2026 Child Support 2606 Department of Retirement Systems 124,228.37$ 03/17/2026 Employee Retirement 2606 FICA 215,975.62$ 03/16/2026 Payroll Taxes 2606 ICMA Police RHS 2,907.66$ 03/16/2026 Police RHS 2606 ICMA - Mission Square 41,833.55$ 03/16/2026 Employee Deferred Comp 2606 Symetra Life Insurance 562.40$ 03/16/2026 Suplemental Life Ins 2526 Department of Retirement Systems 1,139.20$ 03/09/2026 NLEC Reporting Dec '26 2602 Department of Retirement Systems 1,515.80$ 03/10/2026 NLEC Reporting Jan '26 2604 Department of Retirement Systems 1,525.84$ 03/11/2026 NLEC Reporting Feb '26 2026 The Links at Moses Point 12,172.50$ 03/27/2026 2026 Employee Golf Membership 2607 IAFF Local 1258- Disability 2,140.20$ 03/31/2026 Fire Disability Dues 2607 IAFF MERP 3,900.00$ 03/31/2026 Fire Medical Reimbursement Plan 2607 NY Child Support Center 184.61$ 03/31/2026 Child Support 2607 Office of Financial Recovery 265.00$ 03/31/2026 Employee Garnishment 2607 Trusteed Plans Service Corp.2,860.00$ 03/31/2026 PD Disability Dues 2607 AFSCME 3,313.85$ 03/31/2026 Union Dues- PW/Parks/Com Dev 1,541,781.84$ City of Moses Lake Payroll Expenses with Summary Description For April 14th, 2026 Council Meeting FINAL COML City Council 4-14-26, Page 100 of 239 Council Agenda Bill Subject Mobile and Street Food Vendor Amendment Ordinance 3095 Department Community Development Presenter at the Meeting Christopher Horton, Building Official/Fire Marshal Packet Attachments (if any) Mobile food Vendor Ordinance.docx 26.16KB Chapter 5.07 Moses Lake Municipal Code - Mobile Food Vendors.rtf 218.38KB Meeting Date: 4/14/2026 Agenda Item Number: 64452 Proceeding Type Consent Agenda Proposed Council Action/Motion: Information Only Receive and File Discuss Provide Direction Public Hearing Adopt/Approve Authorize Other Motion required. Recommended Motion Staff respectfully requests that the City Council adopt the ordinance amending Chapter 5.07 of the Moses Lake Municipal Code regarding Mobile Food Vendors, Food Courts, and Street Food Vendors. Summary/Background Title 5 – Business License and Regulations was adopted by the City on December 9, 2025. Since its adoption, staff identified several areas within Chapter 5.07 that require updating to improve clarity, ensure public safety, and align with state‑level regulations governing mobile food operations. The proposed amendments focus on regulatory modernization, removal of outdated or redundant local requirements, and the incorporation of health, labor, and fire safety standards established by Washington State regulatory agencies. The ordinance proposes the following updates to MLMC Chapter 5.07: Alignment with Washington State Department of Health regulations related to mobile food unit construction, food handling, wastewater, and sanitation. Alignment with Washington State Department of Labor & Industries standards for electrical safety, mechanical systems, and appliance installation. Alignment with the Washington State Fire Code, including requirements for cooking equipment, fuel storage, fire suppression, and site safety for mobile food vendors. Removal of duplicative, outdated, or unnecessary provisions from previous local regulations. Clarification of operational rules for mobile food vendors, food courts, and street food vendors to ensure consistency and improved understanding among applicants. Consolidation of relevant site development requirements within the Unified Development Code (UDC), consistent with the City's ongoing code modernization efforts. The proposed amendments support City priorities: City Council Priority #3- The simplification and modernization of food vendor regulations contribute to a more business friendly environment and strengthened community character Core Mission of Public Safety- By aligning with state health, labor, and fire safety requirements, the ordinance reinforces the City’s obligation to provide safe environments for residents, visitors, and business operators The amendments offer several operational and community benefits: Regulatory clarity for applicants, reducing confusion and inconsistent interpretations. Reduced administrative burden for both staff and mobile food operators through clearer and state‑aligned standards. Enhanced public safety through consistent enforcement of health, fire, and building safety requirements. Economic development support by establishing predictable, transparent, and modern regulations for mobile food businesses. Staff respectfully requests that the City Council adopt the ordinance amending Chapter 5.07 of the Moses Lake Municipal Code regarding Mobile Food Vendors, Food Courts, and Street Food Vendors. Fiscal Consideration No significant fiscal impact is anticipated. The amendments may reduce administrative time spent clarifying or enforcing outdated provisions. FINAL COML City Council 4-14-26, Page 101 of 239 City Council Priorities or Budget Objectives Addressed Preamble: The City’s top priority will always be fulfilling its core mission, which includes ensuring public safety, maintaining the City’s infrastructure, complying with state and federal mandates, and safeguarding the City’s finances. #1 - Achieve Financial Sustainability #2 - Secure Sustainable and Reliable Municipal Water Sources #3 - Improve the City's Image and Reputation #4 - Fire Department Service Delivery Model and Third Fire Station #5 - New Police Station #6 - Second Lake Crossing #7 - WSDOT Highway Projects in Moses Lake Reviewed and Approved by: City Manager - Rob Karlinsey on 4/8/2026 City Attorney - Katherine Kenison on 4/3/2026 FINAL COML City Council 4-14-26, Page 102 of 239 ORDINANCE NO. 3095 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, RELATING TO AMENDMENTS REGARDING MOBILE FOOD VENDORS, FOOD COURTS, AND STREET FOOD VENDORS WITHIN THE CITY OF MOSES LAKE UNIFIED DEVELOPMENT CODE AND ESTABLISHING AN EFFECTIVE DATE. Recitals: 1.The City of Moses Lake adopted Title 5 – Business License and Regulations on December 9, 2025; and 2. Amendments to Chapter 5.07 regarding Mobile Food Vendors, Food Courts, and Street Food Vendors are necessary to align local regulations with the Washington State Department of Health and the Washington State Department of Labor & Industries; and 3. Amendments are also necessary to ensure consistency with the Washington State Fire Code for safe operation, siting, and equipment standards applicable to mobile food units; and 4.These amendments also remove outdated or unnecessary provisions previously adopted by the City while maintaining enforceable standards for public safety; and 5.The amendments support the City Council’s priority of improving the City’s image and reputation by streamlining processes; and 6.The amendments further support the City’s core mission of ensuring public safety; and 7.This ordinance provides regulatory alignment and modernization intended to simplify compliance requirements for mobile food vendors; and 8.The amendments reduce administrative burden on both vendors and City staff through clearer, consolidated, and state-aligned standards; and 9. The amendment promotes local economic activity by ensuring mobile food vendor regulations are predictable, transparent, and supportive of a diverse business environment. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Recitals Incorporated. The Recitals set forth above are hereby adopted as Findings of Fact and incorporated herein. FINAL COML City Council 4-14-26, Page 103 of 239 Section 2. Adoption of Amendments to Chapter 5.07 MLMC. Chapter 5.07 of the Moses Lake Municipal Code is hereby amended as shown in Attachment A, which is incorporated herein by reference. The amendments include: •Alignment with Washington State Health Department rules for mobile food units; and •Alignment with Washington State Department of Labor & Industries requirements for electrical, mechanical, and operational safety; and •Alignment with the Washington State Fire Code, including provisions related to mobile food preparation vehicles, fuel storage, fire protection systems, and operational safety; and •Removal of duplicative or outdated local requirements; and •Clarification of operational regulations for mobile food vendors, food courts, and street food vendors; and •Retention of enforceable local standards necessary to ensure public safety, neighborhood compatibility, and responsible business operations. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court, board or tribunal of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Effective Date. This ordinance shall take effect five (5) days after its passage and publication as required by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on _____________, 2026. ________________________________________ Dustin Swartz, Mayor ________________________________ __________________________________ Vote: Date Published: Date Effective: April 20, 2026 April 25, 2026 Graves Swartz Myers Fancher Davis Lombardi Skaug FINAL COML City Council 4-14-26, Page 104 of 239 Attachment A FINAL COML City Council 4-14-26, Page 105 of 239 Chapter 5.07 MOBILE FOOD VENDORS, FOOD COURTS, AND STREET FOOD VENDORS Sections: 5.07.010 Required Conditions. 5.07.020 Definitions. 5.07.030 Exemptions. 5.07.050 Investigation and Determination. 5.07.060 Fees. 5.07.080 Compliance with Regulations. 5.07.090 Mobile Food and Street Food Vendor and Food Court Standards. 5.07.110 Appeal. 5.07.120 Penalty. 5.07.150 Fees Collected by Court. 5.07.010 Required Conditions: It shall be unlawful for a mobile food or street food vendor to engage in business within the City of Moses Lake except under the conditions of this chapter. 5.07.020 Definitions: The following terms and definitions shall be used in the administration of this chapter: A.“Mobile food vendor” shall mean any person, firm, or corporation, whether as owner, agent, consignee, or employee, whether a resident of the City or not, who engages in a business of selling and delivering food from a vehicle or other motorized conveyance upon privately or FINAL COML City Council 4-14-26, Page 106 of 239 publicly owned property including any public street, sidewalk, alley, or public way of the City. A person, firm, or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such temporary business in connection with, as part of, or in the name of any local dealer, trader, merchant, or auctioneer. B.“Food” shall have its usual and ordinary meaning, and shall include all items designed for human consumption, including, but not limited to, candy, gum, popcorn, hot dogs, sandwiches, peanuts, soft drinks, frozen concessions, nonalcoholic beverages, and dairy products. Products regulated by the Washington State Liquor and Cannabis Board may not be sold by mobile food or street food vendors. C.“Authorized concession stand” shall mean a concession stand operated or maintained for the sale of food or merchandise, in the public parks of the City, or on other public property, by the City or in accordance with a City-approved agreement or franchise. D.“Public celebration” shall mean the Spring Festival activities customarily celebrated in and around McCosh Park and other areas of the City, as well as any other time of public celebration. E.“Special event” shall mean an event for which the City has authorized use of City facilities for use by vendors, such as the farmers market. F.“Street food vendor” shall mean a vendor, including any owner and employee, selling food within a public or private parking lot, pedestrian plaza, public street, alley, sidewalk, public right-of-way, or public property, using a nonmotorized cart or temporary structure. G.“Food court” shall mean one (1) location (parking lot, plaza, or lot) where three (3) or more street food vendors operate within a defined space that has been designed to accommodate multiple food vendors on a permanent basis. The site offers utility connections, parking and restrooms for patrons. H.A “tent,” for the purposes of this chapter, shall be defined as a structure, enclosure, canopy or shelter, with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects, and which meets the flame propagation performance treatment set forth in Section 3104.2 of the International Fire Code (test method 1 or 2 of NFPA 701), CPAI 84, or California Fire Marshal Seal. (Ord. 3045, 3/26/24; Ord. 2988, 9/28/21; Ord. 2924, 4/23/19; Ord. 2878, 11/14/17; Ord. 2784, 10/13/15; Ord. 1619, 1994) FINAL COML City Council 4-14-26, Page 107 of 239 5.07.030 Exemptions: The provisions of this chapter shall not be construed to apply to the following: A. Persons selling only fruits, vegetables, berries, eggs, or any farm produce, pursuant to RCW 36.71.090. B. Limited Special Event Vending. Mobile food vendors and street food vendors may vend from a zone approved for mobile food vending and are exempt from the permitting requirements of this chapter but must have and maintain all other licenses and approvals necessary to lawfully operate as a mobile food or street food vendor in Moses Lake. Limited special event vending cannot remain at a location for longer than the duration of the special event and while there must be located so as to avoid creating conflicts with pedestrian or motor vehicle traffic or creating other public safety problems. The owner of the property where an event such as a community event, special event approved by the City, a neighborhood block party, wedding, birthday party, grand opening, or similar event is taking place must have invited the mobile food or street food vendor to participate and such vending is part of the event activities. (Ord. 3045, 3/26/24; Ord. 2988, 9/28/21; Ord. 2924, 4/23/19; Ord. 2784, 10/13/15; Ord. 1619, 1994) 5.07.040 Mobile Food Vendor Requirements: Any person, firm, or corporation operating as a mobile food or street food vendor shall abide by the following requirements: A. The name or name and address of the person(s) owning the mobile food vending facility shall be available in writing, on site, and within the facility; and shall be provided immediately upon request. C. Each mobile food or street food vendor shall obtain and provide written documentation on-premises of the following which shall be made available immediately upon request by a City employee: 1. Washington State Unified Business Identifier (UBI). 2. . Washington State Fire Marshal’s Food Truck Inspection Checklist. Such checklist can be provided by the City Fire Marshal (or designee). FINAL COML City Council 4-14-26, Page 108 of 239 . . 4. Copy of current food establishment permit issued by the Grant County Health District. 5. Copy of current City of Moses Lake business license. 6. Each food vendor shall be a self-contained unit and shall comply with electrical code requirements. Vendor will provide proof of Labor & Industries electrical code certification by displaying a Washington state Labor and Industries issued certification sticker___________________________on the vehicle. 9. Uniform Fire Code. 7. LPG (commonly referred to as propane tanks) or compressed natural gas (CNG) gas containers shall adhere to the Washington State Building and Fire Codes and the NFPA 58. 5.07.045 Food Court Requirements: Any person, firm, or corporation desiring to operate a “food court,” as defined in Section 5.07.020, shall comply with the following requirements: A. The name or names and address of persons who are in charge of the food court shall be available on-site and in writing immediately upon request. C. Each food court operation shall provide, on site, the following information to demonstrate compliance with this chapter and other applicable codes: 1. Copy of the food court’s Washington State business license, including the Unified Business Identifier number. 2. Copy of the food court’s City of Moses Lake business license. 3. Fire prevention checklist, the latest version of which can be obtained from the City Fire Marshal. At all times, the food court must comply with the most recently adopted Washington State Adopted and Amended Fire Code. FINAL COML City Council 4-14-26, Page 109 of 239 1.If located near a street corner, food court vendors shall be 15 feet back from the backside of the corner of the sidewalk (or corner edge of the right-of-way if there is no sidewalk). 2.Separation distances between food vending units shall comply with the most recently adopted Washington State Adopted and Amended Fire Code. 3.Propane tanks (LPG) and compressed natural gas (CNG) tank capacity and other specifications shall comply with the most recently adopted Washington State Adopted and Amended Fire Code. 6.Electric power, if provided, shall be in compliance with the most recently adopted electrical code and shall be provided within the food court, with connections made available to each individual food vending unit. If electricity is provided, the property owner, property lessee, or their contractor shall obtain a permit from L&I and necessary inspections performed prior to operation of the food court. Vendor will provide proof of Labor & Industries electrical code certification by displaying _ a Washington state Labor and Industries issued certification sticker __________________________ on the premises. 7.It is the responsibility of the individual food vendors within the food court to obtain a food establishment permit from the Grant County Health District and to adhere to best practices for food handling when undertaking food vendor activities involving the preparation and serving of food. 8.Noise generated on site shall comply with currently adopted noise ordinance of the Moses Lake Municipal Code. (Ord. 3045, 3/26/24) FINAL COML City Council 4-14-26, Page 110 of 239 5.07.090 Mobile Food and Street Food Vendor and Food Court Standards: All mobile and street vendors and food courts shall conform to the following standards: A.Except as provided in 5.07.030, Exemptions, of this Chapter, no mobile food or street food vendor shall operate from one (1) location in a residential zone as defined in Title 15 for longer than fifteen (15) minutes at a time. B.No mobile food or street food vendor shall locate his or her vehicle or conveyance in that portion of public right-of-way abutting private property without the written permission of the owner of the abutting private property. Unless approved in advance by the City as part of event that includes a street closure, no food shall be offered, displayed, or sold, and no customers served, in any vehicle travel lane. Any operation of a vendor in the right-of-way shall require a permit from the City. C.No signs or signage shall be permitted other than that which can be contained on the vehicle or conveyance utilized. Notwithstanding the foregoing, up to two sandwich board signs of no more than eight square feet each are permissible, provided they do not obstruct vehicle or pedestrian traffic or site lines, and are within thirty feet of the vehicle or conveyance. D.The distance between any food vendor and other structures on the site shall comply with the requirements of the most recently Washington State Adopted and Amended Fire Code. M.Mobile vendor generators shall not be operated from 10:00 p.m. to 7:00 a.m. and comply with the currently adopted Washington State Fire Code and referenced standards. (Ord. 3051, 9/24/24; Ord. 3045, 3/26/24; Ord. 2988, 9/28/21; Ord. 2924, 4/23/19; Ord. 2824, 9/27/16; Ord. 2784, 10/13/15; Ord. 1619, 1994) 5.07.100 Enforcement: Mobile food vendor operations may be suspended or terminated by the City Manager or designee(s) for any of the following causes: FINAL COML City Council 4-14-26, Page 111 of 239 A. Any fraud, misrepresentation, or false statement provided to the City or the on-premise property owner. B. Any fraud, misrepresentation, or false statement made in connection with the selling of products. C. Any violation of this chapter. D. Any violation of building, electrical, or fire codes of the City. E. Conducting the business under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. (Ord. 3045, 3/26/24; Ord. 3022, 4/11/23; Ord. 2988, 9/28/21; Ord. 2924, 4/23/19; Ord. 2784, 10/13/15; Ord. 1925, 4/11/00; Ord. 1619, 1994) 5.07.110 Appeal: [Appeal is the same as code enforcement appeal] 5.07.120 Penalty: Failure to comply with any of the provisions of this chapter shall subject the violator to a C-6 penalty as defined in Chapter 1.08. (Ord. 3045, 3/26/24; Ord. 2988, 9/28/21; Ord. 2924, 4/23/19; Ord. 1619, 1994) 5.07.130 Duty of the City to Enforce: It shall be the duty of the City of Moses Lake’s City Manager or designee(s) to enforce the provisions of this chapter against any person found to be violating the same. It shall be the duty of any other department to enforce violations of any permit issued by that department. (Ord. 3045, 3/26/24; Ord. 3022, 4/11/23; Ord. 2988, 9/28/21; Ord. 2924, 4/23/19; Ord. 2784, 10/13/15) FINAL COML City Council 4-14-26, Page 112 of 239 5.07.150 Fees Collected by Court: The City shall have the power to institute suit or action in any court of competent jurisdiction for the purpose of collecting any fines or fees that are due and payable. (Ord. 3045, 3/26/24; Ord. 2988, 9/28/21; Ord. 2924, 4/23/19; Ord. 2784, 10/13/15) FINAL COML City Council 4-14-26, Page 113 of 239 Council Agenda Bill Subject Northland Cable Franchise Transfer of Ownership Ordinance 3096 Department Administration Presenter at the Meeting Katherine Kenison, City Attorney Packet Attachments (if any) Northland transfer stmt of ack.docx 14.35KB 3096 Vyve Transfer Cable Franchise to Sparklight.docx 27.15KB Meeting Date: 4/14/2026 Agenda Item Number: 64525 Proceeding Type Consent Agenda Proposed Council Action/Motion: Information Only Receive and File Discuss Provide Direction Public Hearing Adopt/Approve Authorize Other Motion required. Recommended Motion Council motion to adopt Ordinance 3096 to authorize the cable franchise transfer from Northland Cable Television, Inc., d/b/a Vyve Broadband, to Cable One, Inc., d/b/a Sparklight. Summary/Background Cable One, Inc., d/b/a Sparklight, has entered into a purchase agreement with Northland Cable Television, Inc., d/b/aVyve Broadband, the current franchisee of the Northland Cable Franchise in the City. Section 16.2 of the Franchise requires that the Franchisee obtain the consent of the City for any change of control. Northland Cable is seeking approval of an Ordinance consenting to the transfer of and change of control. On January 8, 2026, Vyve and Sparklight notified the City via letter of the anticipated purchase, sale and transfer of ownership. Section 16.2 of the Northland Franchise prohibits any transfer of control without the prior consent of the City. Vyve and Sparklight also provided a copy of the FCC Form 394 (Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise). The purchase by Sparklight is scheduled to close no later than October 1, 2026. Northland has held a cable franchise in the City since December 13, 2011 and pays the City an average of $8,400 per quarter in franchise fees. The transfer of control is primarily financial (e.g., Sparklight will acquire a majority financial interest in Northland) and not operational. Sparklight has represented that Northland/Vyve will continue to operate the franchise and provide services. All other underlying terms of the original franchise remain in effect. Fiscal Consideration N/A City Council Priorities or Budget Objectives Addressed Preamble: The City’s top priority will always be fulfilling its core mission, which includes ensuring public safety, maintaining the City’s infrastructure, complying with state and federal mandates, and safeguarding the City’s finances. #1 - Achieve Financial Sustainability #2 - Secure Sustainable and Reliable Municipal Water Sources #3 - Improve the City's Image and Reputation #4 - Fire Department Service Delivery Model and Third Fire Station #5 - New Police Station #6 - Second Lake Crossing #7 - WSDOT Highway Projects in Moses Lake Reviewed and Approved by: City Manager, City Attorney, and Finance Director FINAL COML City Council 4-14-26, Page 114 of 239 STATEMENT OF ACKNOWLEDGMENT WHEREAS, the City Council of the City of Moses Lake, Washington, has acknowledged the pending transaction (the “Transaction”) between Northland Cable Television, Inc., d/b/a Vyve Broadband (“Franchisee”), to Cable One, Inc., d/b/a Sparklight (“Sparklight”) and has consented to the resulting change of control of the Franchisee, the holder of the cable franchise (the “Franchise”) issued by the City to the Franchisee as Ordinance No. 2636. NOW, THEREFORE, Sparklight hereby acknowledges said Franchise and any side letter agreements or ancillary agreements and all the terms and conditions thereof, and files this, its written acknowledgement of the change of control of the Franchisee. Sparklight hereby acknowledges that the change of control will not affect, diminish, impair, or supersede the binding nature of the Franchise and any other ordinances, resolutions, and agreements, if any, applicable to the operation of the System in the City. Sparklight hereby agrees that, Franchisee will comply with the Franchise, and subject to the Franchise, the Moses Lake Munciipal Code and all applicable federal and state laws, lawful orders, contracts, agreements, commitments, and regulatory actions. Sparklight affirms that all bonds, security funds and insurance required by the Franchise remain in full effect and in place or will be replaced consistent with the requirements of this Franchise. Further, Sparklight acknowledges that the Franchisee shall remain responsible for any and all non-compliance issues, if any, under the Franchise and any other ordinances, resolutions, and agreements, if any, applicable to the operation of the System in the City that may have arisen prior to or that may arise contemporaneous with or after closing of the Transaction. This Statement of Acknowledgment is contingent upon the consummation of the Transaction. IN TESTIMONY WHEROF, Sparklight has caused this written Statement of Acknowledgment to be executed in its name by its duly authorized officer on this ___ day of ____________________, 2026. CABLE ONE, INC., d/b/a SPARKLIGHT By: _______________________________ Name printed: ______________________ Title: ______________________________ Date: ______________________________ [add notary block] FINAL COML City Council 4-14-26, Page 115 of 239 ORDINANCE NO. 3096 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON,APPROVING THE CHANGE OF CONTROL OF NORTHLAND CABLE TELEVISION, INC., d/b/a VYVE BROADBAND, WITH CONDITIONS AND ESTABLISHING AN EFFECTIVE DATE. Recitals: 1. On December 13, 2011, the City of Moses Lake (the “City”) adopted Ordinance No. 2636 granting a nonexclusive cable franchise to Northland Cable Television, Inc., d/b/a Vyve Broadband (Vyve) to operate a cable system (the “System”) within the city limits of the City of Moses Lake, with an effective date of December 18, 2011. 2. Sparklight has requested that the City consent to the Transfer and, in accordance with the requirements of the Franchise and federal law, Sparklight has filed an FCC Form 394, together with Exhibits and related materials (all hereinafter collectively the “Application”) with the City. 3.Section 16.2 of the Franchise requires that the Franchisee obtain the consent of the City for any change of control, including such change of control that will occur because of this Transaction. 4.The consent of the City to the change of control that will occur because of the closing of the Transaction shall not constitute a waiver or release of any rights the City or Franchisee may have under the Franchise. 5.The City is willing to consent to the change of control, subject to the closing of the Transaction between Sparklight and Vyve and the appropriate approvals by the Washington State Utilities and Transportation Commission and federal regulatory entities. 6.Sparklight, who will become the parent company of Franchisee, has agreed to continue to unconditionally accept the terms of the existing Franchise and to comply with any other agreements existing between the Franchisee and the City. 7. The City Council deems it to be in the public interest to grant the requested consent. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City hereby consents to the change of control that will occur as a consequence of the closing of the Transaction and in accordance with the terms of applicable law, subject to and contingent on the fulfillment of the conditions set forth in Section 2 hereof. Section 2. Section 1 of this Ordinance is contingent on the fulfillment of the following condition: Sparklight shall acknowledge that the change of control will not affect, diminish, impair, or FINAL COML City Council 4-14-26, Page 116 of 239 supersede the binding nature of the Franchise and any other ordinances, resolutions, side letters, and agreements, if any, applicable to the operation of the System in the City. Further, Sparklight shall acknowledge that the Franchisee shall remain responsible for any and all non-compliance issues, if any, under the Franchise and any other ordinances, resolutions, side letter, and agreements, if any, applicable to the operation of the System in the City that may have arisen prior to, or that may contemporaneous with, or after, the closing of this Transaction. Section 3. The Franchise shall remain in full effect through the remainder of the Franchise term. The Transaction and the City’s consent to the change of control do not modify the terms of the Franchise. Franchisee remains responsible for any obligations and liabilities under the Franchise. The City’s consent to the change of control shall not be construed to constitute a waiver or release of any rights the City may have now, or in the future, under federal, state, or local law, the Franchise, or any separate written agreements or side letter, if any, between the City and the Franchisee that relate to the Franchise. Section 4. By consenting to this change of control, the City expressly reserves and does not waive or release any rights of the City in and to the rights-of-way as provided by state law and the Moses Lake Munciipal Code, nor does the City waive or release any claim or issue of non-compliance it may have, known or unknown, now or in the future, related to the Franchise. Section 5. Written acknowledgment as provided in Section 2 shall be filed by Sparklight with the City Clerk within thirty (30) days of the date of the closing of this Transaction. If any of the construction and completion bonds, security funds or insurance are amended because of the change of control, then Sparklight shall file with the City Clerk such revised bonds, security funds, or evidence of insurance within thirty (30) days of the date of the closing of the Transaction. This provision in no way permits Sparklight to operate the System under the Franchise without bonds, security funds, and insurance in place. Section 6. Sparklight or Franchisee may change the name or legal form of the Franchisee subsequent to the passage of this Ordinance. Section 7. If any section, sentence, clause, or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or unconstitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 8. In the event that the Transaction does not close for any reason; or in the event approval is not granted by the Washington State Utilities and Transportation Commission and appropriate federal regulatory entities, or in the event that the Transaction closes on terms substantially or materially difference from the terms described in the Application and supplemental written information provided by Vyve and Sparklight that is relied upon by the City, or Sparklight does not provide the Statement of Acknowledgement; then the consent provided for herein shall be null and void, and the City shall be deemed to have disapproved the change of control under the Franchise and federal law, and all remedies under the Franchise and applicable laws shall be available to the City. In the event the Transaction does not close before October 1, 2026, Vyve and Sparklight will provide notice of that event to the City as well as an update on the reasons for such a delay in closing or notice of the termination of the Transaction. Section 9.This Ordinance, or a summary thereof, consisting of the title shall be published in the FINAL COML City Council 4-14-26, Page 117 of 239 official newspaper of the City, and shall take effect and be in full force five (5) days after publication. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on April 14, 2026. ________________________________________ Dustin Swartz, Mayor ________________________________ __________________________________ Date Published: April 20, 2026 Date Effective: April 25, 2026 FINAL COML City Council 4-14-26, Page 118 of 239 Council Agenda Bill Subject Marten Law Contract Amendment Department Finance Presenter at the Meeting Madeline Prentice, Finance Director Packet Attachments (if any) Marten Law - 2026 Rate Letter - City of Moses Lake.pdf 165.92KB Meeting Date: 4/14/2026 Agenda Item Number: 64513 Proceeding Type Consent Agenda Proposed Council Action/Motion: Information Only Receive and File Discuss Provide Direction Public Hearing Adopt/Approve Authorize Other Motion required. Recommended Motion Staff recommends City Council motion to authorize the City Manager to sign the proposed 2026 rate increase letter from Marten Law. Summary/Background In August 2023, Council authorized the City Manager to execute two proposed Common Interest/Joint Prosecution agreements with Marten Law and AFFF MDL co-plaintiffs in legal actions related to PFAS contamination.  Marten Law continues to work on the City's behalf in actions against the producers of PFAS chemicals. Marten Law has submitted a letter to the City with proposed 2026 rates.  The proposed 2026 rate increases reflect an increase in demand, higher employment costs, and inflation. Fiscal Consideration Billings from Marten Law regarding AFFF MDL actions would reflect the increase rates. City Council Priorities or Budget Objectives Addressed Preamble: The City’s top priority will always be fulfilling its core mission, which includes ensuring public safety, maintaining the City’s infrastructure, complying with state and federal mandates, and safeguarding the City’s finances. #1 - Achieve Financial Sustainability #2 - Secure Sustainable and Reliable Municipal Water Sources #3 - Improve the City's Image and Reputation #4 - Fire Department Service Delivery Model and Third Fire Station #5 - New Police Station #6 - Second Lake Crossing #7 - WSDOT Highway Projects in Moses Lake Reviewed and Approved by: City Manager - Rob Karlinsey on 4/8/2026 City Attorney - Katherine Kenison on 4/8/2026 FINAL COML City Council 4-14-26, Page 119 of 239 December 29, 2025 Via E-Mail City of Moses Lake Attn: Rob Karlinsey, City Manager P.O. Box 1579 Moses Lake, WA 98837 Re: Proposed 2026 Rates Dear Rob: Thank you for your continued trust in and partnership with Marten Law LLP. We value our relationship with you and your business. We are dedicated to providing the City with exceptional legal advice and representation in environmental and natural resources law and look forward to continuing our relationship through 2026 and beyond. As we approach year-end, we have reviewed the fees we charge our clients and are asking you to approve a proposed rate increase averaging five percent, effective January 1, 2026, as set forth in the enclosed table. We understand that rate adjustments require consideration, and this decision was not made lightly. We are committed to ensuring that the value you receive from our services continues to justify your investment. We have experienced significant increases in operational costs, including investments in advanced legal technology, essential administrative infrastructure, and, most importantly, the ongoing recruitment and retention of top-tier legal talent and support staff. This rate adjustment is necessary to ensure we can maintain the exceptional quality, responsiveness, and specialized expertise that you expect and deserve. Please call me if you have any concerns about our proposed 2026 rates. If our proposal is approved, please so indicate by signing and returning a copy of this letter to our Controller, Samantha Caldwell, at scaldwell@martenlaw.com. Thank you very much. Sincerely, Jessica Ferrell Partner Direct: 206.292.2636 Cell: 206.375.4886 Email: jferrell@martenlaw.com cc: Katherine Kenison (kkenison@basinlaw.com); Madeline Prentice (mprentice@cityofml.com) FINAL COML City Council 4-14-26, Page 120 of 239 Proposed 2026 Billing Rates Approval The rates below are agreed to and accepted as of this _______ day of __________________, 2025. City of Moses Lake By: ____________________________ Its: ____________________________ FINAL COML City Council 4-14-26, Page 121 of 239 2026 Proposed Billing Rates Table Name Position 2025 Rates 2026 Rates Goodrich, Marina V Paralegal $270.00 $285.00 Herlihy, Erin E Paralegal $270.00 $285.00 Lautanen, Emma Associate-2 $390.00 $410.00 Zahner, Zachary Associate-2 $390.00 $410.00 Brown, Bryce Associate-4 $390.00 $410.00 Smith, Michael Associate-4 $390.00 $410.00 Xu, Victor Senior Associate $465.00 $490.00 Ferrell, Jessica K Partner $720.00 $755.00 FINAL COML City Council 4-14-26, Page 122 of 239 Council Agenda Bill Subject Hearing Examiner Contract Department Community Development Presenter at the Meeting Vivian Ramsey, Planning Manager Packet Attachments (if any) Moses Lake HE with pro tem.docx 24.49KB Meeting Date: 4/14/2026 Agenda Item Number: 64444 Proceeding Type Consent Agenda Proposed Council Action/Motion: Information Only Receive and File Discuss Provide Direction Public Hearing Adopt/Approve Authorize Other Motion required. Recommended Motion Approve contract appointing Andrew L. Kottkamp as primary Hearing Examiner, and Jay Eyestone as Pro Tem Hearing Examiner for the City of Moses Lake. Summary/Background Updating the contract with the City's Hearing Examiner to include a Hearing Examiner Pro Tem.  Fiscal Consideration The application fees typically cover the costs of the Hearing Examiner fees.  City Council Priorities or Budget Objectives Addressed Preamble: The City’s top priority will always be fulfilling its core mission, which includes ensuring public safety, maintaining the City’s infrastructure, complying with state and federal mandates, and safeguarding the City’s finances. #1 - Achieve Financial Sustainability #2 - Secure Sustainable and Reliable Municipal Water Sources #3 - Improve the City's Image and Reputation #4 - Fire Department Service Delivery Model and Third Fire Station #5 - New Police Station #6 - Second Lake Crossing #7 - WSDOT Highway Projects in Moses Lake Reviewed and Approved by: City Manager - Rob Karlinesey on 4/8/2026 City Attorney - Katherine Kenison on 4/3/2026 Police - David Sands on 4/6/2026 FINAL COML City Council 4-14-26, Page 123 of 239 PROFESSIONAL SERVICES AGREEMENT FOR HEARING EXAMINER AND PRO TEM HEARING EXAMINER THIS AGREEMENT is made and entered into between the City of Moses Lake, a Washington Municipal Corporation, hereinafter referred to as “City”, and Andrew L. Kottkamp (primary Hearing Examiner) and Jay Eyestone (Pro Tem Hearing Examiner) hereinafter collectively referred to as “Consultant.” RECITALS WHEREAS, the City has created the position of Hearing Examiner under the Moses Lake Municipal Code (“MLMC”); and WHEREAS, the City seeks the services of a skilled independent contractor capable of working without direct supervision in the capacity of a Hearing Examiner who is experienced in the area of land use law, real property law, enforcement of municipal regulations, city planning and development, and similar permitting issues; and is familiar with the City’s zoning and building codes and other related City codes, ordinances, resolutions, regulations, or policies; and WHEREAS, Contractor has the requisite skill and experience necessary to provide such services; NOW, THEREFORE, the Parties agree to the following terms and conditions: AGREEMENT 1. Services. Contractor agrees to perform the following professional services for the City, pursuant to the terms and conditions of this Agreement: 1.1 Serve as the City Hearing Examiner pursuant to the MLMC and this Agreement. 1.2 Become knowledgeable of all relevant portions of City of Moses Lake Municipal Code, and related ordinances, regulations, plans, and policies applicable to any matter coming before the Contractor for a hearing. Contractor shall likewise be knowledgeable of all relevant Washington statutes and appellate case law applicable to any matters coming before Contractor for a hearing. FINAL COML City Council 4-14-26, Page 124 of 239 1.3 Hear and act, as authorized in the MLMC, as presently enacted or hereafter amended, and other related City ordinances and regulations. In this regard, Contractor shall receive and examine all available information, conduct public hearings, enter written findings of fact and conclusions of law, and enter decisions. Contractor shall report his decisions to the City’s Responsible Official on all matters which may come before the Contractor. 1.4 Perform all duties in accordance with all applicable federal and state laws and City ordinances, including but not limited to the current City of Moses Lake Comprehensive Plan and other related City codes, ordinances, resolutions, standards, or policies, as presently enacted or hereafter amended. 1.5 Provide, at Contractor’s expense, transportation to and from public hearings in the City, and to and from the sites in the City deemed necessary for viewing. 1.6 Provide office and office equipment to the extent deemed necessary by Contractor. 1.7 Submit one original report in hard copy of findings of fact and conclusions of law, and the decision for each case heard. This decision shall be delivered to the Responsible Official within the time constraints imposed by law or regulation for each type of hearing held, but in no event later than ten (10) business days following the date the hearing record closes. 1.8 Submit an annual report to the City Manager detailing all cases heard and decided within the past twelve (12) months, along with any recommendations for improvements to City codes and regulations. 2. Performance Standard. Contractor represents and warrants that Contractor has the requisite training, skill, and experience necessary to provide the services contemplated by this Agreement. All duties performed by Contractor shall be performed in a manner consistent with accepted practices for other similar services, including, but not limited to, conducting orderly and impartial hearings, creating a professional and courteous environment for applicants, citizens, and staff, compiling and recording the proceedings in a manner reviewable by a court of law, and preparing findings, conclusions, and decisions which are understandable and based upon sound reasoning and applicable law. FINAL COML City Council 4-14-26, Page 125 of 239 3. Hearing Examiner Pro Tempore. When the use of a Hearing Examiner Pro Tempore is required, Jay Eyestone is hereby appointed as Pro Tem Hearing Examiner, in accordance with MLMC 2.88.040. 4. Responsibilities of the City. Through its appointed designee, the City shall: 4.1 Direct all duties to be performed under this Agreement. 4.2 Provide SEPA determinations on all matters heard by the Contractor. 4.3 Provide documentation of publication of all legal advertisements and notices required for hearings. 4.4 Prepare agendas and scheduling of hearing items. 4.5 Provide written staff reports to the Contractor at least ten (10) business days prior to hearings, as well as maps and other exhibits as may be necessary regarding each matter to be heard. The staff reports may include recommended findings of fact and conclusions of law, and a recommended decision, including proposed conditions of approval. 4.6 Maintain official files and records of the hearings and forward all required copies of the Contractor’s decisions and correspondence to applicants and others requesting copies, as well as perform such other tasks as are necessary to administratively process said materials. 4.7 Provide a hearing room, speaking system, tapes and tape recorder, and copies of City ordinances, relevant planning documents, and regulations. 5. Term. 5.1 Term. This Agreement shall commence on the 1st day of _______, 2026, and continue until terminated, with 60 days prior notice, by either party. 6. Termination. This Agreement may be terminated with or without cause by either party, by giving sixty (60) calendar days prior written notice to the other party. 7. Compensation. FINAL COML City Council 4-14-26, Page 126 of 239 7.1 Regular Hearing: The City shall pay Contractor a fee of TWO HUNDRED AND FIFTY DOLLARS (250.00) per hour, inclusive of all costs and expenses, for each matter assigned by the City for a regular hearing. 8. Method of Payment. All payments due Contractor shall be made on a monthly basis, thirty (30) business days after receipt and approval of such billing statement by the City Council, unless notice is given to Contractor that the work performed by Contractor has been found to be unsatisfactory by the City Manager within twenty (20) business days of receipt of any reports or decisions from Contractor. If Contractor fails to comply with any terms or conditions of this Agreement or to provide, in any manner, the work or services agreed to herein, City may withhold any payment due Contractor until City is satisfied that the corrective action specified by the City Manager has been completed. This right is in addition to and not in lieu of the City’s right to terminate this Agreement as provided herein or other remedies the City may have under law. 9. Independent Contractor. Contractor is, and shall be at all times during the term of this Agreement, an independent contractor and not an employee of the City. The parties fully understand the nature of independent contractor status and intend to create an independent contractor relationship. Contractor, and not the City, shall have the right to control the manner and means by which Contractor’s work is accomplished. The City shall retain the right, however, to ensure that the work is being performed according to agreed-upon standards. Consistent with this relationship, Contractor shall not be covered by any City benefit programs, such as health and welfare benefit plans, sick leave, vacation pay, Social Security, Workers Compensation, unemployment compensation, or any other benefit of employment, and shall not be treated as an employee for federal or state tax purposes or for any other purpose. Contractor shall be responsible for paying all taxes related to payments the City makes to Contractor, including federal income taxes, self-employment (Social Security and Medicaid) taxes, local and state business and occupation taxes, and the City is not responsible for withholding for or paying any of those taxes. Contractor agrees to indemnify and hold the City harmless from any such obligation. 10. Nonexclusive Contract. This shall be a nonexclusive contract. It is recognized that Contractor may or will be performing professional services during the term for other parties and that the City is not the exclusive user of Contractor’s services. Contractor agrees not to perform services for others where a conflict of interest, as determined by the City, may exist. City reserves the right to appoint additional hearing examiners and to contract for additional services in the future. Nothing herein shall be interpreted to prohibit such future appointments nor to guarantee renewal of this Agreement, its level of payment, nor the level of cases forwarded to Contractor in future years. 11. Indemnification. FINAL COML City Council 4-14-26, Page 127 of 239 11.1 Hearing Examiner Indemnification. Contractor agrees to indemnify, defend, and hold the City, its elected officials, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors, or omissions of Contractor, or by Contractor’s breach of this Agreement. 11.2 City Indemnification--Actions of Hearing Examiner. Notwithstanding the provisions of Paragraph 11.1 above, the City agrees to indemnify, defend, and hold Contractor harmless from any and all claims, demands, losses, actions, and liabilities (including costs and attorney fees) to or by any and all persons or entities, the basis for which is any action of the Contractor performed in the normal course of the Contractor’s duties as the Hearing Examiner for the City. 11.3 City Indemnification. The City agrees to indemnify, defend, and hold Contractor harmless from any and all claims, demands, losses, actions, and liabilities (including costs and attorney fees) to or by any and all persons or entities including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors, or omissions to the City, its employees, or agents. 11.4 Survival. The provisions of this section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 12. Work Product. All work product, including records, files, documents, plans, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the services contemplated by this Agreement shall belong to City. At the termination or cancellation of this Agreement, all originals and any copies of any such work product remaining in the possession of Contractor shall be delivered to City. 13. Entire Agreement. This Agreement contains all the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no oral or other prior agreements shall be effective for any purpose. 14. Modification. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. FINAL COML City Council 4-14-26, Page 128 of 239 15. Severability. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 16. No Waiver. Failure or delay of a Party to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of a Party to declare any breach or default does not act as a waiver of a Party’s right to declare another breach or default. 17. Applicable Law and Venue. This Agreement shall be interpreted in accordance with the internal laws of the state of Washington. The venue of any action hereunder shall be in the Superior Court for Grant County, Washington. 18. Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addresses of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. To City: Rob Karlinsey, City Manager 401 S. Balsom St. Moses Lake, WA 98837 To Contractor: Andrew L. Kottkamp 435 Orondo P.O. Box 1667 Wenatchee, WA 98807-1667 CITY CONTRACTOR By: By: Rob Karlinsey, Manager Andrew L. Kottkamp Date: , 2026 Date: , 2026 FINAL COML City Council 4-14-26, Page 129 of 239 Attest/Authenticated: By: Debbie Burke, City Clerk FINAL COML City Council 4-14-26, Page 130 of 239 Council Agenda Bill Subject Surf N Slide Concession Agreement Department Parks, Recreation, and Cultural Services Presenter at the Meeting Doug Coutts, PRCS Director Packet Attachments (if any) Favored Farmhouse Email.pdf 390.6KB Favored Farmhouse RFQ response.pdf 106.73KB Lifetime Treasures Email.pdf 1.14MB Lifetime Treasures RFQ Response.pdf 1.01MB Moses Lake Parks and Rec Kitchen.docx 1.39MB Round Up.pdf 135.01KB Springfest.docx 23.93KB Trask.pdf 232.05KB water park food.docx 292.47KB 2026 Concessions in Parks RFQ.docx 36.31KB Airshow.docx 19.16KB Concession Supply.docx 31.5KB Jones Brand Email.pdf 1.07MB Concessionaire RFP feedback 2026.xlsx 9.49KB Meeting Date: 4/14/2026 Agenda Item Number: 64521 Proceeding Type Consent Agenda Proposed Council Action/Motion: Information Only Receive and File Discuss Provide Direction Public Hearing Adopt/Approve Authorize Other Motion required. Recommended Motion Authorize staff to execute agreement with Jones Brand LLC, for the Surf N Slide concession stand for 2026 season. Summary/Background The concessionaire from 2025 withdrew their name from consideration for the 2026 season due to medical reasons. Staff issued an RFQ for concessionaires and received three applications.  While the PRCS Advisory Committee was not able to meet in person, a majority of the members responded via email after review. The consensus was to recommend Jones Brand as the concessionaire for the 2026 Season for the Surf N Slide concession stand. The agreement will end on December 31, 2026, with an option to renew annually, up to a total of three years before staff would require another RFQ process. Fiscal Consideration Fees for concessionaire are 15% of gross sales for a for-profit entity which would apply here and payment of leasehold excise tax on the amount of the payment to the city of 12.84%. This would be no change from the prior contractor as these are standard rates for the city and were included in the RFQ package. City Council Priorities or Budget Objectives Addressed FINAL COML City Council 4-14-26, Page 131 of 239 Preamble: The City’s top priority will always be fulfilling its core mission, which includes ensuring public safety, maintaining the City’s infrastructure, complying with state and federal mandates, and safeguarding the City’s finances. #1 - Achieve Financial Sustainability #2 - Secure Sustainable and Reliable Municipal Water Sources #3 - Improve the City's Image and Reputation #4 - Fire Department Service Delivery Model and Third Fire Station #5 - New Police Station #6 - Second Lake Crossing #7 - WSDOT Highway Projects in Moses Lake Reviewed and Approved by: City Manager -  Rob Karlinsey on 4/9/2026 City Attorney - Katherine Kenison on 4/9/2026 Finance - Madeline Prentice on 4/9/2026 FINAL COML City Council 4-14-26, Page 132 of 239 1 Doug Coutts From:We are the Martinez' <favoredfarmhouseml@gmail.com> Sent:Friday, March 20, 2026 2:07 PM To:Doug Coutts Subject:concession proposal Attachments:20260320_140445.pdf Caution! This message was sent from outside your organization. New Sender Alert! You don't often receive emails from this sender. Allow sender | Block sender | Report Hello Doug, Please find attached our RFQ submission for the City of Moses Lake Concessions in City Parks. On behalf of Favored Farmhouse Coffee & Cream, we are excited for the opportunity to partner with the City to provide a high-quality, family-friendly concession experience. As a locally owned small business, we are deeply committed to serving our community with both love and excellence, and we take pride in creating welcoming spaces that bring people together. Our proposal outlines our experience, menu offerings, operational approach, and strong community involvement, including our partnerships with Samaritan Healthcare and Moses Lake Industries, as well as our continued support of local youth programs, athletics, and organizations. We would be honored to contribute to enhancing the park experience for Moses Lake residents and visitors. Please don’t hesitate to reach out if any additional information is needed or if there are any questions regarding our submission. Thank you for your time and consideration. Warm regards, Daphne Martinez Favored Farmhouse Coffee & Cream LLC 509-771-0685 favoredfarmhouseml@gmail.com FINAL COML City Council 4-14-26, Page 133 of 239 FINAL COML City Council 4-14-26, Page 134 of 239 FINAL COML City Council 4-14-26, Page 135 of 239 FINAL COML City Council 4-14-26, Page 136 of 239 FINAL COML City Council 4-14-26, Page 137 of 239 FINAL COML City Council 4-14-26, Page 138 of 239 FINAL COML City Council 4-14-26, Page 139 of 239 1 Doug Coutts From:Sherrie Holt <smholt5@gmail.com> Sent:Friday, April 3, 2026 12:12 PM To:Doug Coutts Subject:Re: RFQ reposted Caution! This message was sent from outside your organization. Allow sender | Block sender | Report Yes please, I really would appreciate it. Thank you! Sherrie On Fri, Apr 3, 2026, 12:08 PM Doug Coutts <dcoutts@cityofml.com> wrote: Just to confirm. You would like to resubmit your proposal from 2025 for Lifetime Treasures NW for the concessions RFQ for 2026? Regards, Doug Coutts Parks, Rec & Cultural Services Director City of Moses Lake 509-764-3810 | dcoutts@cityofml.com From: Sherrie Holt <smholt5@gmail.com> Sent: Friday, April 3, 2026 12:00 PM To: Doug Coutts <dcoutts@cityofml.com> Subject: Re: RFQ reposted FINAL COML City Council 4-14-26, Page 140 of 239 2 Hi Doug, Would you happen to have the pack et that we submitted last year? We are currently out of town and nothing in our proposal w ould change. T hanks, Sherrie Holt On Wed, Apr 1, 2026, 1:58 PM Doug sophospsmartbannerend Hi Doug, Would you happen to have the packet that we submitted last year? We are currently out of town and nothing in our proposal would change. Thanks, Sherrie Holt On Wed, Apr 1, 2026, 1:58 PM Doug Coutts <dcoutts@cityofml.com> wrote: Sherrie, Just a reminder that the application for the RFQ for Surf N Slide Concessions is due this Friday. Regards, Doug Coutts Parks, Rec & Cultural Services Director City of Moses Lake 509-764-3810 | dcoutts@cityofml.com From: Sherrie Holt <smholt5@gmail.com> Sent: Friday, March 27, 2026 1:27 PM To: Doug Coutts <dcoutts@cityofml.com> Subject: Re: RFQ reposted Good after noon Doug, I just got a call from Warren Small aski ng me if he thoug ht I would be interested in running the water park again. He let me know that the contract is up forbid again before I g o FINAL COML City Council 4-14-26, Page 141 of 239 3 sophospsmartbannerend Good afternoon Doug, I just got a call from Warren Small asking me if he thought I would be interested in running the water park again. He let me know that the contract is up forbid again before I go to the work is there a reason I wasn't accepted last time? Because I am still a very interested in it and I feel like I am very qualified for it Sherrie Holt 8015731943 On Thu, Feb 13, 2025, 12:25 PM Doug Coutts <dcoutts@cityofml.com> wrote: Sherrie, At our PRCS Board meeting last night the board requested that the RFQ be reposted for another term like to update or revise your proposal, you may do so on the timeline in the RFQ. Regards, Doug Coutts, CPRP (He/Him) Parks, Recreation and Cultural Services Director Larson Recreation Center 610 W. Yakima Ave. Moses Lake WA 98837 (509)764-3810 dcoutts@cityofml.com FINAL COML City Council 4-14-26, Page 142 of 239 4 NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail account may be a public record. Accordingly, this e-mail, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of confidentiality or privilege asserted by an external party. Processed for delivery by the City of Moses Lake. FINAL COML City Council 4-14-26, Page 143 of 239 FINAL COML City Council 4-14-26, Page 144 of 239 FINAL COML City Council 4-14-26, Page 145 of 239 FINAL COML City Council 4-14-26, Page 146 of 239 FINAL COML City Council 4-14-26, Page 147 of 239 FINAL COML City Council 4-14-26, Page 148 of 239 FINAL COML City Council 4-14-26, Page 149 of 239 FINAL COML City Council 4-14-26, Page 150 of 239 FINAL COML City Council 4-14-26, Page 151 of 239 FINAL COML City Council 4-14-26, Page 152 of 239 FINAL COML City Council 4-14-26, Page 153 of 239 FINAL COML City Council 4-14-26, Page 154 of 239 FINAL COML City Council 4-14-26, Page 155 of 239 FINAL COML City Council 4-14-26, Page 156 of 239 FINAL COML City Council 4-14-26, Page 157 of 239 FINAL COML City Council 4-14-26, Page 158 of 239 FINAL COML City Council 4-14-26, Page 159 of 239 FINAL COML City Council 4-14-26, Page 160 of 239 PO BOX 1157 Moses Lake, WA. 98837 March 30, 2026 Mr. Doug Coutts Parks, Recreation and Cultural Services Director Larson Recreation Center 610 W. Yakima Ave. Moses Lake WA 98837 (509)764-3810dcoutts@cityofml.comDear Mr. Coutts and City Council: Thank you for this opportunity. Enclosed you will �ind the information requested in your RFQ. We are interested in operating at your kitchen concession kiosk at the water park for 2026. I will also be attaching letters of recommendation from my listed references, a Grant County Health District Annual Mobile License, my umbrella policy meeting your requested 2,000,000 per occurrence, $2,000,000 general aggregate, and I am letting you know that all (16) of my mobile concession units are approved by Washington State Department of Labor and Industries. I am ready and eager to operate at your facility! Again, thank you for this opportunity. Please check us out at www.nwfairfoods.com! Respectfully, Robert Jones Jones Brand LLC (509) 990-4544www.nwfairfoods.comhawaiianshave@gmail.com FINAL COML City Council 4-14-26, Page 161 of 239 VI. RFQ EVALUATION AND SUBMISSION PROCESSA.DAYS AND HOURS OF OPERATION.1.Surf ‘n Slide Water Parka.Duration of the Open Season.b.Hours of Operation to General Public.c.Private events by schedule, and availability.2.Willing to discuss operation in additional locations.B.PRODUCTS AND SERVICES.1.What products/services/program do you intend to offer? Whatsize(s)? What price(s)?a.Attach a menu showing item, size and price.2.What nutritional snacks do you intend to offer?a.We offer products that are Vegan, Vegetarian, Gluten Free,Dairy Free, and some sugar free options.3.In addition, we will assess each proposal in regards to environmentalsustainability and packaging that is recyclable or compostable.a.We use Compostable Sugarcane Bowls, Straws and Spoons,Recyclable plastics, as well as Aluminum cups (variation of thebefore mentioned products based on availability). FINAL COML City Council 4-14-26, Page 162 of 239 C.CONCESSION EXPERIENCE/BUSINESS REFERENCES.Lori ValdezMoses Lake Spring Festival Event Coordinator 601 Pioneer Way STE F #198, Moses Lake, WA 98837 (509) 760-4686wicklessinwa@hotmail.comRich Mueller, AAE Moses Lake Airshow Port of Moses Lake - Airport Director 7810 Andrews N.E. Suite 200 Moses Lake, WA 98837 (509)964-1924rjmueller@portofmoseslake.comJoe Keterer Board of Directors: Columbia Basin Rodeo Association Moses Lake Roundup PO BOX 367 Moses Lake, Washington (352) 226-1100Joe.keterer@yaho.comJim McKiernan Director of Fairgrounds Grant County Fairgrounds 3953 Airway Dr. NE Moses Lake, WA 98837 (509) 765-3581jmckiernan@grantcountywa.govRebecca Martinez Fairgrounds Coordinator Darci Homesley Accounting / Concessions Coordinator FINAL COML City Council 4-14-26, Page 163 of 239 D. REMUNERATION FOR THE CITY. Jones Brand LLC is a for-pro�it Business that plans to pay 15% commission to the City of Moses Lake. Our business operates with Clover Point of Sales system. We can accept; cash, credit cards, tap to pay, apple pay, google pay, Venmo, Cash App, PayPal and other forms of reliable transaction payment with our system. We can print a detailed sales report summary providing all sales history for the month. If questioned for more details we can provide an itemized sales list directly from the POS System onsite (best way for you to audit your customer), by email and/or print. VII. Submittal A. LEGAL NAME of organization, �irm, individual. Jones Brand LLC Robert Jones 500 E 3rd Ave / PO BOX 1157 Moses Lake, WA 98837 (509) 990-4544 www.nwfairfoods.com Hawaiianshave@gmail.com B. BUSINESS EXPERIENCE. We started business in 2010. Jones Brand was created in 2015, and is an independent concessionaire and mobile food business specializing in shave ice, lemonade, cotton candy, ice cream, BBQ, mac and cheese, and other fair favorites. We operate with between 2 and 30 employees annually depending on time of year, during the months of March and November throughout the western United States. You can view our operations at www.nwfairfoods.com FINAL COML City Council 4-14-26, Page 164 of 239 C. CONCESSIONS PROPOSAL. 1. Surf ‘n Slide Water Park and Blue Heron Park. Others by city request. 2. Menu Attached Attached. 3. Price will be as example; base price ($5) with 15% of city and 12.84% state leasehold tax added on top and included into price. For example: 15% + 12.84% = 27.84%: $5.00 + $1.39 = $6.39 we may round up or down to an even amount or add sales tax. Considering operating cashless for better tracking and removal of employee handling of cash. 4. Robert Jones is a Nationally Certi�ied ServSafe Manager and Food Handler, and all our staff are Washington State Food Handler Certi�ied. We follow all the State food code, and manage business appropriately and safely for our customers, venues and employees. 5. Not Applicable. 6. I will need to add and move equipment around to better serve our needs from other concessionaires needs. 7. On an aerial map, indicate location, size and impact area (customer line queue, etc.) of proposed concession. – Concession kitchen on-site. 8. We plan to operate out of your concession kitchen building. We will leave products and equipment inside. We will keep door locked to protect our own belongings and product. FINAL COML City Council 4-14-26, Page 165 of 239 D. CLIENT REFERENCES. Lori Valdez Event Coordinator Moses Lake Spring Festival 601 Pioneer Way STE F #198, Moses Lake, WA 98837 (509) 760-4686 wicklessinwa@hotmail.com Rich Mueller, AAE Port of Moses Lake - Airport Director Moses Lake Airshow 7810 Andrews N.E. Suite 200 Moses Lake, WA 98837 (509) 964-1924 rjmueller@portofmoseslake.com Joe Keterer Board of Directors: Columbia Basin Rodeo Association Moses Lake Roundup PO BOX 367 Moses Lake, Washington (352) 226-1100 Joe.keterer@yaho.com Darci Homesley Accounting / Concessions Coordinator Grant County Fairgrounds 3953 Airway Dr. NE Moses Lake, WA 98837 (509) 765-3581 x4617 dahomesley@grantcountywa.gov FINAL COML City Council 4-14-26, Page 166 of 239 E.BUSINESS OR FINANCIAL REFERENCES.Stephanie Shopbell Environmental Health Manager Grant County Health District 1038 W Ivy Ave Moses Lake, WA 98837 (509) 766-7960 x41Sshopbell@granthealth.orgShane Heston Agency Partner/Account Executive Trask Insurance 108 W Broadway Moses Lake, WA 98837 (509) 765-0241shane@traskinsurance.comShelly Detrick, AVP Branch Manager, AVP Washington Trust Bank / Moses Lake Financial Center 402 S Ash Street Moses Lake, WA 98837 (509) 766-5379sdetrick@watrust.comIan McKenna VP of Operations Concessions Supply 1727 E Spring�ield Ave Spokane, WA 99202 (509) 535-0644of�ice@concessionssupply.com FINAL COML City Council 4-14-26, Page 167 of 239 F.COMPENSATION.1.15% to the City of Moses Lake12.84% WA State Leasehold Tax(Does this apply if not using the buildings?) 8.4% WA State DOR Sales Tax 2.We will print daily, weekly and monthly sales report(s) off the POSsystem. The POS System will outline detailed sales reporting (furtherdetailed reports, Item sales reports will be available upon request). Wewill then provide the monthly report with sales reports attached andproper tax and commissions included. FINAL COML City Council 4-14-26, Page 168 of 239 January 9, 2024 To: Poten�al Partners Re: Reference for Ali’I Hawaiian Shave Ice & Lemonade To Whom It May Concern, I have had the pleasure of working with Mr. Rob Jones and his team for a number of years, and the Columbia Basin Rodeo Associa�on has partnered with Rob for roughly a decade during the annual Moses Lake Roundup and Demo Derby event that happens concurrently with the Grant County Washington Fair. Rob and his team consistently provide amazing, fresh, and visibly appealing products that are presented with first class services to our joint patrons. The unique ability to provide quality products with top notch customer service is hard enough, but Rob’s team has a solid track record of doing this consistently at each event, year a�er year. In the rare events were there have been incidents involving supply, �me, or loca�on restrains, Rob and his team have adapted with grace, crea�vity, and always a smile. It would appear to the lay person and the crowds growing in the long lines at Ali’I Hawaiian Shave Ice & Lemonde never have a rough work day or business hiccup, and that type of percep�on comes with years of experience, consistent coaching and training, and incredible leadership by Mr. Jones. We look forward to many more years of partnership with this group, and I would recommended without any reserva�on the opportunity for other en��es or municipali�es to do the same. Most sincerely, Joe Keterer Board of Directors Columbia Basin Rodeo Associa�on Moses Lake, Washington (352) 226-1100 Joe.keterer@yahoo.com FINAL COML City Council 4-14-26, Page 169 of 239 To Whom it may Concern, My name is Lori Valdez, I am the vendor coordinator for the ML Spring Festival. I have known Rob Jones for about 10 years, operating his concession stand. Rob provides great customer service and a good product. His stand is always clean, signage is good and has great customer service skills. Rob is a team player…meaning he will help any vendor to get them up and running at shows, even if it pulls him from his booth. He has helped me out several times. His knowledge of vending is extremely helpful. I would highly recommend Rob Jones to provide concession services to your customers. He would be a good addition to your business. Sincerely, Lori Valdez Food Vendor Coordinator ML Spring Festival 509-760-4686 wicklessinwa@hotmail.com FINAL COML City Council 4-14-26, Page 170 of 239 FINAL COML City Council 4-14-26, Page 171 of 239 Drinks Pepsi Products $3-6.00 Lemonade/Ice Tea $5-7.00 *All day refillable cup $12.00 Bull Blasters $5-9.00 Frozen Drinks $5-9.00 Snacks Trail mix $5.00 Bananas/Oranges/Apples $1.00-3.00 Candy Snacks $3-6.00 Popcorn/Kettle Corn $5-8.00 Giant Salted Pretzel w/ Cheese $8.00 Uncrustables $6.00 Cookies $5.00 Chips $4.00 Foods Hotdog $5.00 Footlong Hotdog $9.00 Hamburger/Cheese Burger $6.00-10.00 Nachos (deluxe +3) $7.00 Fries/tots/onion ring $5-9.00 Chicken Strips w/ fries $12.00 Coconut Shrimp $12.00 Corn Dog $6.00-10 Hamburger/pulled pork $8-12.00 Quesadilla (protein added) $7-12.00 Sandwiches (pbj,turkey, ham) $5-9.00 Desserts Ice Cream/Dole Whip (cone, bowl) $4-8.00 Churros Add toppings $5.00-9.00 FINAL COML City Council 4-14-26, Page 172 of 239 City of Moses Lake Parks, Recreation & Cultural Services Department Request For Qualifications (RFQ) CONCESSIONS IN CITY PARKS Food/Beverage Concessions and/or Recreational User Services I.PURPOSE OF REQUEST The City of Moses Lake Parks, Recreation & Cultural Services Department (hereafter the “City” or the “Department”) is seeking concession contractors to provide food, beverage and/or recreational user services at specified parks in Moses Lake. By way of illustration and not limitation, a concession may be for vending food, beverages, or merchandise; providing classes or other forms of instruction, such as outdoor preschool or learn to ride a bike classes, for a fee or other valuable consideration; renting bicycles, kayaks, roller skates, or fishing equipment; or other uses which are consistent with the public’s full use and enjoyment of these parks or enhance the general atmosphere of the community. This RFQ represents a solicitation by the City for services. This RFQ is intended to encourage vendors to clearly show that they are qualified to provide food, beverage and/or recreational user services in a consistent and revenue positive manner for one (1) year. Each Bidder must clearly identify their knowledge of concessions/mobile concession operations, food safety practices, recreation user services, contract relations, and demonstrate financial stability. Requirements and City needs are outlined in this RFQ. The City of Moses Lake reserves the right to reject any and all submittals and to waive irregularities and informalities in the submittal and evaluation process. This Request for Qualification does not obligate the City to pay any costs incurred by respondents in the preparation and submission of a proposal. Furthermore, the RFQ does not obligate the City to accept or contract for any expressed or implied services. Successful respondent(s) must comply with the City of Moses Lake equal opportunity requirements. The City is committed to a program of equal employment opportunity regardless of race, color, creed, sex, age, nationality, or disability. The contracted vendor for this project will be expected to comply with all Federal, State, County, and City codes and regulations applicable to such work and perform the work in accordance with the requirements and edifications of the contract documents.   Each successful bidder will be expected to abide by all City of Moses Lake Ordinances, Park rules, business licensing, and Public Health food service requirements. The successful bidder will also be expected to keep concessions area clean and provide daily clean-up. The City may award non-exclusive agreements at the individual sites to contractors that best demonstrate the ability to provide a healthy, innovative, affordable, and full-service menu; provide equipment rentals where the department notes as feasible; and provide reliable service(s) to park patrons. FINAL COML City Council 4-14-26, Page 173 of 239 II.RFQ SUBMITTAL AND SELECTION Request for Qualifications (RFQ) will be received via email to PRCS Director Doug Coutts at dcoutts@cityofml.com until 4:00 p.m. (Pacific Time) on April 3rd, 2026. No protest will be recognized, as this is the official time. Qualifications received after the appointed time set for receipt will be returned unopened. Email your RFQ Submittal to: dcoutts@cityofml.com RFQ Tentative Schedule: April 3rd, 2026 4pm (Pac. Time) Final day and time to receive RFQs April 6th, 2026 Review RFQ submissions April 7th, 2026 Interviews of top consultant(s)/firms (If necessary) April 8th, 2026 Moses Lake PRCS Board Review of Recommendations April 14th, 2026 Contract Recommendation to City Council RFQ SELECTION All Statements of Qualifications will be evaluated after receipt. Vendors/contractors will be contacted for questions, concerns, or additional information and notified of selection. III.GUIDELINES Please note the following general requirements that apply to all RFQ Submittals: 1.To be evaluated, an RFQ Submittal must completely respond to each question in Sections VI. and VII. below. 2.The RFQ Submittal must be signed by an official who is legally authorized to bind the organization including his or her signature on the Financial Page. 3. Provide all references and materials required by the RFQ instructions. 4. If clarification is required, submit questions by email to dcoutts@cityofml.com Please allow at least two business days for responses. 5.Scan and email your signed and completed RFQ Submittal to the email address listed in Section II, above before the deadline 6.All RFQ Submittals become the property of the Department. IV.PROPOSED SITES and INFORMATION 1.Concession Stand Sites a) Surf ‘N Slide Water Park FINAL COML City Council 4-14-26, Page 174 of 239 2.Alternate Sites a)Vendor may propose an alternate City Park site for mobile concessions services (i.e.-Food Truck) for consideration by City Staff. No power or water hook ups should be presumed to be available for vendor use at any site. 3.Site Visits. All applicants are encouraged to visit the site prior to submitting a proposal. Sites vary in locations and in description. Contracts may be awarded annually and may be renewed. 4.Health and Safety. Bidders are advised to determine specific Grant County Health District requirements for the proposed concession site(s). It is the responsibility of the applicant to verify that adequate water and electrical service is available to support the equipment they intend to operate at a particular location. Any modifications or improvements to concession areas shall be at the sole expense of the successful applicant and will require advance written approval from the City. 5.Contract. The bidder understands and agrees that the City will only grant concessions by contract, and not by lease. Concession Agreement(s) will only confer permission to occupy and use the premises described for concession purposes. A successful bidder’s expenditure of capital and/or labor in the course of use and occupancy will not confer any interest or estate in the premises by virtue of said use, occupancy and/or expenditure of money thereon. The City will only grant successful applicants (“Contractors”) an individual, revocable and non-transferable privilege of use in the premises for the concession granted. 6.Compliance with Laws. The bidder understands and agrees that performance under a Concession Agreement requires compliance with all applicable Federal, State and local laws and ordinances, including regulations for licensing of individuals and any other standards and criteria necessary to assure quality of services. V. REQUIREMENTS AND FEES DUE FROM CONTRACTORS If your proposal is accepted, the following required documents and fees will be due upon issuance of your Concession Agreement: 1.City of Moses Lake Business License. Please be advised that you must present a current copy of a valid City of Moses Lake Business license prior to being awarded a Concession Agreement contract. 2.Leasehold excise tax. Please be aware that Washington State Leasehold Excise Taxes will be due over and above any and all concession fee payments made to the City. Bidders are advised to consult their financial advisors. At this time, Washington State Leasehold Taxes are 12.84% of the net payments to the City. This tax is remitted to the Department along with each concession fee payment. 3.Cleaning deposit $400. The Contractor may be required to pay a $400 cleaning deposit for the concession area. The Contractor will be required to clean the FINAL COML City Council 4-14-26, Page 175 of 239 concession area daily. No item(s) may be left on site unless it is outlined in the agreement. The Parks Superintendent will conduct an inspection of the area to determine compliance. Any cleaning/disposal deemed necessary will be at the Contractor’s sole expense. The Contractor will be required to timely reimburse the City for any such cleaning/disposal expense. Further, the City may retain the Contractor’s cleaning deposit to offset any such expense. 4.Insurance. The Contractor shall obtain and maintain for the duration of their Concession Agreement, policies of comprehensive general liability with combined single limits of not less than $2,000,000 per occurrence, $2,000,000 general aggregate with an insurer having no less than a Best’s rating of A VII and authorized to do business in the State of Washington. A $2,000,000 products/completed operations aggregate is required for contractors that prepare food. The insurance policy shall be written on an occurrence basis. The City of Moses Lake shall be named as an additional insured and a copy of the endorsement naming the City as an additional insured shall be attached to the Certificate of Insurance. The insurance policy shall contain, or be endorsed to contain that the Contractor’s insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. The Certificate of Insurance shall be filed with the City prior to the Contractor providing services. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. 5.Compliance with laws/City codes. The Contractor shall comply with all applicable State, Federal and City laws, ordinances, regulations, and codes. The Contractor shall consult this information regularly during the course of the Concession Agreement to ensure that the latest guidelines and requirements are promptly implemented. 6.Indemnification. Contractor shall defend, indemnify and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of the use of Premises or from any activity, work or thing done, permitted, or suffered by Contractor in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the City, and shall include the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. VI. RFQ EVALUATION AND SUBMISSION PROCESS Qualified submittals will be reviewed and scored. Final recommendations will be made to the Parks, Recreation and Cultural Services Board regarding the award. The board will recommend specific vendors for approval by City Council for agreements. The following criteria will be used to evaluate RFP Submittals: FINAL COML City Council 4-14-26, Page 176 of 239 A.Days and Hours of operation. Proposed schedule-Note-established concession services (Surf ‘n Slide Waterpark) will be subject to a schedule based on hours of operation/scheduled events. The prior year’s events/ hours are available upon request. B.Products/Services/Program to be offered for sale. What products/services/program do you intend to offer? What size(s)? What price(s)? What nutritional snacks do you intend to offer? Please list all proposed items and unit prices. In addition, we will assess each proposal in regard to environmental sustainability and packaging that is recyclable or compostable. C.Concession Experience/Business References. Please list at least three (3) references that will support, document or verify your performance in providing concession services and/or operating a business. Include name, business name, address, phone number, email and nature of your relationship. (former employer, supervisor, etc.) D.Remuneration for the City. The City requires for profit concessionaires to pay 15% of Gross Revenues to the City plus the current State Leasehold tax for any concessions on City Property. Non-profit associations running concession stands are required to provide verification of their current non-profit status and are required to pay 10% of Gross revenues to the City plus the current State Leasehold tax for any concessions on City Property. Payment of the City’ percentage of gross revenues and the leasehold tax along with verification of gross revenue mounts from the concessionaire’s POS system are required to be into the City by the 10th of the month for the month prior. For example, the gross revenue verification and payments for January should be delivered to the City by February 10th. VII.Submittal Submittals should be prepared simply, providing straight forward, concise descriptions of bidder’s capabilities to satisfy the requirements of the request. All proposals must include the following: A.LEGAL NAME of organization, firm, individual of those submitting the RFQ. Include address of principal place of business; phone numbers; primary person to contact. B.BUSINESS EXPERIENCE. How long has this organization been in business? Description of business. Number of employees. C. CONCESSIONS PROPOSAL. In your proposal, please address the following: 1.What Park(s)/Location(s) are you submitting this proposal for? 2.Please give us an example of menus and/or services you wish to provide. FINAL COML City Council 4-14-26, Page 177 of 239 3.Please give us an example of prices of the above items. 4.Please describe your food safety procedures. 5. If your business is for recreational user services, please provide a description of your services, types and estimated number of users, and benefits your service will provide to the community. 6.What type, if any, temporary site improvements will you need to do? 7.On an aerial map, indicate location, size and impact area (customer line queue, etc.) of proposed concession. 8.List anything you request to leave in the parks unattended (City cannot guarantee security of items). D. CLIENT REFERENCES. Provide information about similar clients for whom you currently or previously provide(d) off-site catering services or recreational user services. E.BUSINESS OR FINANCIAL REFERENCES. Please provide three (3) financial or business references. These could include financial institutions, suppliers, insurance companies, clients, etc. Please do not use the same references for both Client References and Business References. F.COMPENSATION. 1. Please present detailed information on the bidder’s proposed fee schedule for specifications proposed and any variation for non-routine services, inclusive of Washington State sales tax and any other applicable governmental charges. 2.Please provide a statement outlining how the bidder will document and report gross revenues and calculations on the City’s required percentages. FINAL COML City Council 4-14-26, Page 178 of 239 Greetings, My name is Rich Mueller and I am writing on behalf of Rob Jones, who I have had the pleasure of knowing for over five years now in my capacity as Airport Director of the Grant County International Airport, specifically as one of the key planners for what has grown into the Moses Lake Airshow. Not only has Rob supplied the kind of food and service people crave at outdoor events, he has gone above and beyond with his concessions to make the Moses Lake Airshow a greater success. Without him, the airshow would not be where it is today. I am sure that if you partner with him, he will not only make sure to provide a needed service, he will work to make you look good! Rob does not talk much about himself so if you would like to know more about how he has been such a great teammate, please call me at 509-964-1924. Sincerely, Rich Mueller FINAL COML City Council 4-14-26, Page 179 of 239 January 8, 2024 To Whom It May Concern: Robert Jones has been doing business with Concessions Supply since 2014. In that time Robert has continually added equipment to his fleet as well as maintained his equipment and purchased supplies as well. He has never been late on a payment and is more than willing to work with us on deposits for large equipment purchases. Robert has been an excellent customer for the last 10 years and I look forward to doing business with him in the future. I think Robert would be an excellent fit and would add an extremely high level of experience to any facility he would do business in or with. Please don’t hesitate to reach out if you have any questions about Robert Jones. Thank you, Ian McKenna VP of Operations Concessions Supply 509-535-0644 office@concessionssupply.com FINAL COML City Council 4-14-26, Page 180 of 239 1 Doug Coutts From:Robert Jones <hawaiianshave@gmail.com> Sent:Friday, April 3, 2026 3:38 PM To:Doug Coutts Subject:Re: 2026 Surf n Slide concessions Attachments:Moses Lake Parks and Rec Kitchen.docx; Airshow.docx; Concession Supply.docx; Grant Fair.docx; Round Up.pdf; Springfest.docx; Trask.pdf; water park food.docx This sender is trusted. Doug, Please find the attached request for concessionaire space for Jones Brand 2026 Season. On Fri, Apr 3, 2026 at 2:44 PM Doug Coutts <dcoutts@cityofml.com> wrote: Rob, Per our phone conversation, here are the numbers for the concession revenues from 2025. Month SNS Gross Sales June $42,441.62 July $58,791.53 August $49,565.40 September $2,034.75 Total $152,833.30 As a reminder, RFQ submissions are due by email today by 4pm. Regards, FINAL COML City Council 4-14-26, Page 181 of 239 2 Doug Coutts Parks, Rec & Cultural Services Director City of Moses Lake 509-764-3810 | dcoutts@cityofml.com From: Robert Jones <hawaiianshave@gmail.com> Sent: Friday, April 3, 2026 2:04 PM To: Doug Coutts <dcoutts@cityofml.com> Subject: Re: 2026 Surf n Slide concessions Hi Doug, Could you give me a call? I have my application nearly complete, using much of the inform ation from the last time I applied. Before I submit it, I am curious to know who els e has applied for sophospsmartbannerend Hi Doug, Could you give me a call? I have my application nearly complete, using much of the information from the last time I applied. Before I submit it, I am curious to know who else has applied for the Surf n Slide concessions. Best regards, Robert Jones Respectfully, To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Robert Jones Authentic Round Block Hawaiian Shave Ice! 509-990-4544 FINAL COML City Council 4-14-26, Page 182 of 239 3 Call or Text between 7AM & 2AM during Fair Season To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. On Wed, Apr 1, 2026 at 1:51 PM Doug Coutts <dcoutts@cityofml.com> wrote: Rob, Just checking in to see if you will be applying for this. Reminder, the deadline for application is Friday. Regards, Doug Coutts Parks, Rec & Cultural Services Director City of Moses Lake 509-764-3810 | dcoutts@cityofml.com From: Doug Coutts Sent: Friday, March 20, 2026 9:32 AM To: Robert Jones <hawaiianshave@gmail.com> Subject: 2026 Surf n Slide concessions Rob, FINAL COML City Council 4-14-26, Page 183 of 239 4 Just wanted you to be aware. Due to personal issues, El Charro Expresso has had to withdraw from running the concession stands this summer. The City has put together a quick RFQ process to run the concession stand at Surf n Slide for the 2026 season. You can find the RFQ through the link below if you are interested. If you are not interested, please feel free to forward the link on to others that might be. Microsoft Word - 2026 Concessions in Parks RFQ.docx Regards, Doug Coutts Parks, Rec & Cultural Services Director City of Moses Lake 509-764-3810 | dcoutts@cityofml.com P.O. Box 1579 Moses Lake, WA 98837 NOTICE OF PUBLIC DISCLOSURE: This e-mail account is public domain. Any correspondence from or to this e-mail account may be a -mail, in whole or in part, may be subject to disclosure pursuant to RCW 42.56, regardless of any claim of -- Respectfully, FINAL COML City Council 4-14-26, Page 184 of 239 5 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Robert Jones Authentic Round Block Hawaiian Shave Ice! 509-990-4544 Call or Text between 7AM & 2AM during Fair Season To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. FINAL COML City Council 4-14-26, Page 185 of 239 FINAL COML City Council 4-14-26, Page 186 of 239 Council Agenda Bill Subject LTAC Ice Arena Chiller Capital Funding Recommendation Department Parks, Recreation, and Cultural Services Presenter at the Meeting Doug Coutts, PRCS Director Packet Attachments (if any) LTAC Capital Funding request-Ice Arena Chiller.pdf 220.5KB Ice Rink Chiller Budget-2026.xlsx 9.49KB Meeting Date: 4/14/2026 Agenda Item Number: 64451 Proceeding Type Consent Agenda Proposed Council Action/Motion: Information Only Receive and File Discuss Provide Direction Public Hearing Adopt/Approve Authorize Other Motion required. Recommended Motion Approve the LTAC committee's capital funding recommendation as presented for the Ice Arena Chiller plant replacement project. Summary/Background This past fall, the oil separator and the evaporator for the Ice Rink Chiller Plant failed. The Chiller plant is over 30 years old and was retrofitted from a Hotel/casino HVAC system in Reno, Nevada to work as a chiller plant for the ice arena. Staff presented options for repair of the failed parts as well as two options for replacement of the chiller plant to City council for direction. City council directed staff to pursue the 1 chiller plan replacement option and to apply to LTAC for money from the Capital Projects fund to pay for the replacement. Costs for the recommended replacement are as follows: Supply of new chiller and set up; $292,952.00Removal of existing chiller plant and installation of new plant: $84,256.00Contingency: $75,441.16Total project Cost: $452,649.60Insurance reimbursement: -$167,385Funding amount requested: $285,264.60Note: Contingency amount would be as needed, if not needed would remain in the Capital Fund for future projects.  Staff presented this option to the LTAC committee for recommendation and after discussion with some further questions being answered the LTAC committee recommended the funding request for Council approval as presented. Fiscal Consideration Funds are available in the Dity's LTAC Capital Fund including just over $319,000 that was not allocated for projects in 2025 for 2026.  City Council Priorities or Budget Objectives Addressed Preamble: The City’s top priority will always be fulfilling its core mission, which includes ensuring public safety, maintaining the City’s infrastructure, complying with state and federal mandates, and safeguarding the City’s finances. #1 - Achieve Financial Sustainability #2 - Secure Sustainable and Reliable Municipal Water Sources #3 - Improve the City's Image and Reputation #4 - Fire Department Service Delivery Model and Third Fire Station #5 - New Police Station #6 - Second Lake Crossing #7 - WSDOT Highway Projects in Moses Lake Reviewed and Approved by: City Manager - Rob Karlinsey on 4/8/2026 City Attorney - Katherine Kenison on 4/3/2026 FINAL COML City Council 4-14-26, Page 187 of 239 Lodging Tax Grant Application Applicant Information Organization Name City of Moses Lake Date of Application 3/13/2026 Address Street Address 610 W Yakima Ave Address Line 2 City Moses Lake State/Province/Region WA Postal/Zip Code 98837 Contact Person Doug Coutts Email dcoutts@cityofml.com Phone Number (509) 764-3810 Which of the following applies to your organization/agency? (Check one) City/Municipality County District Port Public Agency Other Project Details & Funding Information Eligibility Criteria Check the eligibility criteria applicable to your project. Capital and/or operating costs for City-owned tourism facilities Acquiring tourism related facility Other Project Description Please provide a summary of your project in less than 200 words. This past fall, the oil separator and the evaporator for the Ice Rink Chiller Plant failed. The Chiller plant is over 30 years old and was retrofitted from a Hotel/casino HVAC system in Reno, Nevada to work as a chiller plant for the ice arena. Staff presented options for repair of the failed parts as well as two options for replacement of the chiller plant to City council for direction. City council directed staff to pursue the 1 chiller plan replacement option and to apply to LTAC for money from the Capital Projects fund to pay for the replacement. Costs for the recommended replacement are as follows: Supply of new chiller and set up; $292,952.00 Removal of existing chiller plant and installation of new plant: $84,256.00 Contingency: $75,441.16 Total project Cost: $452,649.60 Insurance reimbursement: -$167,385 Funding amount requested: $285,264.60 Note: Contingency amount would be as needed, if not needed would remain in the Capital Fund for future projects. Anticipated Start Date 04/01/2026 Anticipated End Date 10/31/2026 Funding Amount Requested $285,264.60 FINAL COML City Council 4-14-26, Page 188 of 239 Project Evaluation Provide the number of participants who visited or are projected to visit the facility in each of the following categories: Estimate Method Explanation Overall Attendance Attendance, 50+ miles Attendance, Out of State/Country Attendance, Paid for Overnight Lodging Attendance, Did Not Pay for Overnight Lodging Paid Lodging Nights 7579 Direct Count Placer AI-Last 12 Months 2848 Direct Count Placer AI-Last 12 Months 364 Direct Count Placer AI-Last 12 Months 1600 Direct Count Placer AI-Last 12 Months 5979 Direct Count Placer AI-Last 12 Months 1600+Direct Count Placer AI-Last 12 Months JLARC Methods for determining attendance by category: Direct Count: Actual count of visitors using methods such as paid admissions or registrations, clicker counts at entry points, vehicle count or number of chairs filled. A direct county may also include information collected directly from businesses, such as hotels restaurants or tour guides, likely to be affected by an event.  Indirect Count: Estimate based on information related to the number of visitors such as raffle tickets sold, redeemed discount certificates, brochures handed out, policed requirements for crown control or visual estimates. Representative Survey: Information collected directly from individual visitors/participants. A representative survey is a highly structured data collection tool, based on a defined random sample of participants, and the results can be reliably projected to the entire population attending an event and includes margin of error and confidence level. Informal Survey: Informal collected directly from individual visitors or participants in a nonrandom manner that is not representative of all visitors or participants. Informal survey results cannot be projected to the entire visitor population and provide a limited indicator of attendance because not all participants had an equal chance of being included in the survey. Structured Estimate: Estimate produced by computing known information related to the even or location. For example, one jurisdiction estimated attendance by dividing the square footage of the event area by the international building code allowance for persons (3 square feet). Provide a description of methods used to determine attendance and distinguish among the visitor categories at the event/activity: Placer AI was used to calculate all above data. For the additional criteria listed below, please answer only those that are applicable to your event/project. Tourism Promotion: Does the project meet the basic state and city requirements for tourism promotion? Will it promote a positive image for the city? Will it attract visitors, build new audiences and encourage tourist expansion? Will it increase the awareness of the city’s amenities, history, facilities and natural environment? MLYHA holds 5 tournaments each year now bringing 9 teams each from out of town to Moses Lake for a weekend. Tournament games are structured to be Friday, Saturday and Sunday so multiple overnight stays would be necessary. Benefit to the City: How will this project benefit the people of Moses Lake? The chiller plant is old and parts for it are no longer produced. The rink is open to the community for public skate and the Moses Lake Youth Hockey Association and Moses Lake Adult Hockey both skate out of this rink. Community Support: Does the project have broad-based city appeal or support? What is the evidence of need for this project in the city? Five tournaments bringing nine outside teams to Moses Lake is 675 people plus parents and siblings coming to Moses Lake, staying in Hotels and frequenting restaurants. This Capital project is a necessity to keep the rink operational in the long run. Evidence of Partnerships: What kind and degree of partnership does the project exhibit? Does it exhibit volunteer involvement or inter- jurisdictional, corporate, business and/or civic support? MLYHA is on board and supportive of the Project. City Council has reviewed the options and recommends moving forward with this option and directed staff to look to LTAC for Capital Funding. Current Organization Officers City Manager, Rob Karlinsey PRCS Director, Doug Coutts Management Capability: FINAL COML City Council 4-14-26, Page 189 of 239 How have you demonstrated an ability to successfully complete the project thorough effective business practices in the areas of finance, administration, marketing and production? What are the administrative credentials of paid or volunteer staff or individuals? The City has managed this facility successfully since its inception. The chiller plant has been maintained long beyond its anticipated life span and after being converted to a non-designed use option. Document Uploads Upload a Detailed Budget for Project or Event Provide a detailed line-item budget of expenditures. Ice Rink Chiller Budget-2026.xlsx 9.49KB Other Information Attach any other items relevant to your project, if applicable. Applied+Chiller+Repair+Quote (1).pdf 217.47KB Budget Quotes-Chiller Replacement.pdf 1.11MB Ice Rink Permanent Options.docx 24.27KB Acknowledgement I have read and understand the general guidelines for Lodging Tax Capital Grant Applicants  and certify that this project legally and lawfully qualifies for funding support utilizing lodging tax revenues from The City of Moses Lake. Signature Please type your first and last name in the space above. Your typed first and last name will serve as your signature. Your signature signifies your acknowledgement of and agreement with the content of this form. Date 03/13/2026   01:35 PM Admin Review Is the application complete and ready for eligibility review? Yes No Eligibility Review (Director) Is this project eligible for LTAC Capital?* Yes No Is any additional information needed?* Yes No Month Day Year FINAL COML City Council 4-14-26, Page 190 of 239 Ice Rink Chiller Plant Budget Cost Provide Chiller Plant/Set up 292,952.00$ Installation 84,256.00$ Sub-total 377,208.00$ Contingency 20%75,441.60$ Total Before Insurance 452,649.60$ Insurance Payout (167,385.00)$ Net Project Total 285,264.60$ FINAL COML City Council 4-14-26, Page 191 of 239 Council Agenda Bill Subject WTSA Fields for the Future Grant Application Department Parks, Recreation, and Cultural Services Presenter at the Meeting Doug Coutts, PRCS Director Packet Attachments (if any) WTSA_Grant Application.pdf 1.68MB Meeting Date: 4/14/2026 Agenda Item Number: 64467 Proceeding Type Consent Agenda Proposed Council Action/Motion: Information Only Receive and File Discuss Provide Direction Public Hearing Adopt/Approve Authorize Other Motion required. Recommended Motion Approve the application for the WTSA Fields for the Future Grant for a grant amount of $10,000. Summary/Background This project will replace the infield sod at Larson Playfields (Fields A and Y). Current turf conditions have declined, impacting playability and user experience. The project will include the removal of existing sod, application of fertilizer to restore essential soil nutrients, and installation of new sod to promote healthy turf establishment. Fiscal Consideration Cost to the City is a portion of the staff time only, the grant will cover the materials and a portion of the city staff time. City Council Priorities or Budget Objectives Addressed Preamble: The City’s top priority will always be fulfilling its core mission, which includes ensuring public safety, maintaining the City’s infrastructure, complying with state and federal mandates, and safeguarding the City’s finances. #1 - Achieve Financial Sustainability #2 - Secure Sustainable and Reliable Municipal Water Sources #3 - Improve the City's Image and Reputation #4 - Fire Department Service Delivery Model and Third Fire Station #5 - New Police Station #6 - Second Lake Crossing #7 - WSDOT Highway Projects in Moses Lake Reviewed and Approved by: City Manager -Rob Karlinsey on 4/8/2026 City Attorney - Katherine Kenison on 4/7/2026 FINAL COML City Council 4-14-26, Page 192 of 239 FINAL COML City Council 4-14-26, Page 193 of 239 The goal is to develop safe, high-quality playing surfaces that better serve athletes and the broader community. Enhancing turfgrass quality will improve field durability, minimize maintenance challenges, and ensure consistent, reliable use throughout the season. Methodology: (400 words maximum) •Anticipated length of project •What will WTSA money be used for to improve the field, area, or park? Work will take about 1.5 months to complete, beginning in June and concluding by the first week of August. Other fields within each complex will remain available during construction, with overall demand lower in summer. WTSA funding will support purchase of sod and fertilizer, as well as in-house labor, not to exceed 50% of total project costs. This investment will extend field lifespan and reduce ongoing maintenance needs. Budget: (Indirect or overhead costs are not allowed unless specifically authorized by the Board) Budget Item Amount Salaries 1 Parks Maintenance Technician, 3 FTE = $4,420 Time-Slip Not Applicable Operations/Supplies (goods $8,236.97 & services) Travel 2 Not Applicable Meetings Not Applicable Other Not Applicable Small Equipment Needs 3 Not Applicable Benefits4 Not Applicable Total $12,656.97 Budget Justification: • 1 Specify type of position and FTE • 2Provide brief justification for travel requests. All travel must directly benefit the project. Travel for professional development should come from other sources. If you request travel to meetings, state how it benefits the project. •3Justify equipment funding requests. Indicate what you plan to buy, how the equipment will be used, and how the purchase will benefit the project. Include attempts to work cooperatively with others on equipment use and purchase. •4 Included here are tuition, medical aid, and health insurance for employees, as well as regular benefits for salaries and time-slip employees. FINAL COML City Council 4-14-26, Page 194 of 239 FINAL COML City Council 4-14-26, Page 195 of 239 FINAL COML City Council 4-14-26, Page 196 of 239 FINAL COML City Council 4-14-26, Page 197 of 239 Council Agenda Bill Subject Grant County Bridge Crossing Interlocal Agreement Department Administration Presenter at the Meeting Katherine Kenison, City Attorney Packet Attachments (if any) GC BOCC New Crossing EIS ILA CC 04-14-2026.docx 35.45KB Meeting Date: 4/14/2026 Agenda Item Number: 64495 Proceeding Type New Business Proposed Council Action/Motion: Information Only Receive and File Discuss Provide Direction Public Hearing Adopt/Approve Authorize Other Motion required. Recommended Motion Move to approve the City Manager to execute a Bridge EIS Interlocal Agreement with Grant County Commissioners, substantial as to the form attached hereto. Summary/Background In furtherance of the Council’s priority to locate a second bridge crossing, the City and Grant County have agreed to collaborate on the environmental review process necessary to determine a preferred lake crossing location.  Accordingly, the ILA will formalize the parties’ commitment to the Project. The City will be the lead agency and will submit applications for grant funding to pay for the Environmental Impact Statement (“EIS”).  Grant County will provide support for the City’s grant applications and preparation of the EIS. In the event grant funding is not obtainable, the ILA shall automatically terminate.  If grants are awarded for the EIS, the City will administer the grants and will manage the EIS process.  Fiscal Consideration The City has requested $1.52M from federal legislators to begin the EIS process via a Congressional Directed Spending (CDS) request.  Preparation of the EIS may be partially funded by grant/direct appropriation dollars or City funds.  The 2026 Capital Improvement Program includes a $50,000 allocation with additional programmed allocations of $200,000 in 2027 and $600,000 in 2028.  Staff time spent preparing the grants will be at the City’s costs. City Council Priorities or Budget Objectives Addressed Preamble: The City’s top priority will always be fulfilling its core mission, which includes ensuring public safety, maintaining the City’s infrastructure, complying with state and federal mandates, and safeguarding the City’s finances. #1 - Achieve Financial Sustainability #2 - Secure Sustainable and Reliable Municipal Water Sources #3 - Improve the City's Image and Reputation #4 - Fire Department Service Delivery Model and Third Fire Station #5 - New Police Station #6 - Second Lake Crossing #7 - WSDOT Highway Projects in Moses Lake Reviewed and Approved by:City Manager, City Attorney, and Assistant Public Works Director FINAL COML City Council 4-14-26, Page 198 of 239 MOSES LAKE BRIDGE ENVIRONMENTAL IMPACT STATEMENT INTERLOCAL AGREEMENT This MOSES LAKE BRIDGE ENVIRONMENTAL IMPACT STATEMENT INTERLOCAL AGREEMENT (the “Agreement”) is made pursuant to RCW 39.34 et seq. between the following parties: •The City of Moses Lake, a Washington municipal corporation (the “City”); and •Grant County, a Washington municipal corporation (the “County”); The City and the County are individually a “Party” and collectively the “Parties;” WHEREAS, the Parties are in the process of investigating the feasibility of the construction of an additional bridge across Moses Lake (the “Project”); WHEREAS, such a Project would allow vehicles to travel between Interstate 90 and State Route 17 on the north end of the City, without the need to travel through the City’s center; WHEREAS, the Project location is likely to be outside of the City’s jurisdictional boundary and inside of the County’s jurisdictional boundary; WHEREAS, likely lake crossing locations directly impact the City of Moses Lake, including freight mobility, commuter traffic, and emergency response routes; WHEREAS, the Parties recognize the continued importance of cooperating on the Project because it would improve emergency responses and support commerce and economic growth opportunities for each of the Parties, and cooperation would result in cost efficiencies; WHEREAS, a strategic next step is to proceed with the public process of producing an Environmental Impact Statement to study and evaluate lake crossing locations and their potential impacts; and WHEREAS, given the direct impact on the Moses Lake community, the City of Moses Lake is willing to serve as Lead Agency in conducting the EIS, including obtaining grant funding, contracting directly with consultants to perform the work, engaging the public, and working with the various regulatory agencies and other affected stakeholders; NOW, THEREFORE, in consideration of the mutual obligations and benefits herein, the Parties agree as follows: 1.Purpose and Scope of Work. The purpose of this Agreement is to formalize a commitment to the Project wherein the Parties agree to work cooperatively with each other regarding the Project. This cooperation will include, without limitation, mutually determining a preferred lake crossing location by conducting and approving Environmental Impact Statement (hereinafter, “EIS”) under the State Environmental Policy Act (“SEPA”) and the National Environmental Policy Act (NEPA), and devoting staff time thereto. 2.Grant Applications. The City of Moses Lake will be designated as the “Lead Agency”, with Grant County being the “Non-Lead Agency.” The Lead Agency will submit applications for grant funding to pay for the EIS. FINAL COML City Council 4-14-26, Page 199 of 239 2.1 Grant Application Support. The Non-Lead Agency shall reasonably provide letters of support for applications, grant submission information, Project approvals, data, and any other documents or support necessary for the Lead Agency’s application process for grants. The Non-Lead Agency shall fund its respective costs for this grant application support. 2.2 Failure to obtain Grant Funding. In the event grant funding is not obtainable, this Agreement shall automatically terminate. 3.Grant Administration and Project Management. If grants are awarded for the EIS, the Lead Agency shall be the recipient of the EIS project grants, administer all EIS project grants on behalf of itself and the Non-Lead Agency, and ensure funds are used in accordance with all program requirements as set forth in the grant contract(s). The Lead Agency shall be the contact for all communications and billings with the agency(ies) funding the EIS project grant(s). The Lead Agency will be responsible for management of the EIS process. 3.1 Grant Coordination. The Parties will reasonably cooperate in administering any EIS project grants. Notwithstanding the foregoing, the City shall indemnify and hold harmless the County from any and all financial liability concerning the City’s administration of the grant funding,. 3.2 Public Process. The Parties shall partner to develop a public information and notification program related to EIS activities. The Parties shall coordinate communications pertaining to the Project to the public. 4.Reporting. The Moses Lake City Manager or designee will provide periodic (at least twice yearly, and upon reasonable request) progress reports to the elected officials of each Jurisdiction. 5.Scoping Phase of the EIS. During the Scoping phase of the Environmental Impact Statement (EIS), the Parties shall collaboratively define and agree upon the project's scope, identifying the specific range of reasonable lake crossing alternatives and environmental elements to be analyzed in accordance with applicable law. 6.Final Approval of the Environmental Impact Statement. Upon completion of the EIS, the governing boards both Parties (i.e., the City Council and the Board of County Commissioners) will meet to mutually agree upon the preferred location of the lake crossing. Upon mutual agreeance, both Parties will adopt the EIS and formally accept the preferred lake crossing location. In the event the Parties do not agree on the preferred lake crossing location, Grant County (i.e., the Non-Lead Agency) will determine the preferred location, provided that the crossing location alternatives are located in unincorporated Grant County on both sides of the Lake. In the event there is no feasible location, this Agreement shall automatically terminate. 7.Notice. Any notice under this Agreement shall be sent, postage pre-paid, by regular mail, or delivered personally. Any notice so posted shall be deemed received two (2) business days after the date of mailing. Notices shall be mailed or delivered to the following persons at the following addresses: FINAL COML City Council 4-14-26, Page 200 of 239 GRANT COUNTY CITY OF MOSES LAKE Tom Gaines, County Administrator City Manager 401 S. Balsam Street Ephrata, WA 98823 P.O. Box 1579 Moses Lake, WA 98837 8.Independent Governments – No Liability. Each Party is and shall remain an independent government. This Agreement does not create a partnership or other similar arrangement. The Parties shall not be liable for the acts or omissions of the other Party or its respective public officials, employees, or agents. No agent, employee or representative of any Party shall be deemed to be an agent, employee, or representative of any other Party for any purpose, and the employees of a Party are not entitled to any of the benefits the other Party provides to its employees. Pursuant to RCW 39.34.030(3)(b), this Agreement does not create a separate legal or administrative entity other than specifically provided in this Agreement. 9.Liability. Each Party shall be responsible for the wrongful or negligent actions of its respective public officials, employees, or agents while engaged in the performance of duties under this Agreement as their respective liability shall appear under the laws of the State of Washington and/or Federal Law and this agreement is not intended to diminish or expand such liability. 9.1 County's Indemnification of City. The County shall indemnify, defend and hold the City harmless from and against all liabilities, suits, losses, costs, damages, claims, expenses, penalties or charges, including, without limitation, reasonable attorneys' fees and disbursements, that the City may incur or pay out by reason of: (i) any accidents, damages or injuries to persons or property occurring in, on, about or around the Project Area due to or arising out of the County's performance of this Agreement, but only to the extent such accidents, damages or injuries are due to any negligent or wrongful act or omission of the County; or (ii) any breach or Default (as such term is defined in Section 10.1 below) by the County under this Agreement. 9.2 City's Indemnification of County. The City shall indemnify, defend and hold the County harmless from and against all liabilities, suits, losses, costs, damages, claims, expenses, penalties or charges, including, without limitation, reasonable attorneys' fees and disbursements, that the County may incur or pay out by reason of: (i) any accidents, damages or injuries to persons or property occurring in, on or around the Project during the term of this Agreement, but only to the extent the same are caused by any negligent or wrongful act of the City; or (ii) any breach or Default (as such term is defined in Section 10.1 below) of the City under this Agreement. 9.3 Waiver of Immunity Under Industrial Insurance Act. The indemnification provisions of Section 9.1 and Section 9.2 above are specifically intended to constitute a 40 waiver of each party's immunity under Washington's Industrial Insurance Act, Title 51 RCW, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 10.Term of Agreement. The term of this Agreement shall commence upon execution by the Parties and shall continue until the purpose set forth herein are achieved (i.e., lake crossing EIS completion and adoption) unless otherwise terminated by mutual agreement evidenced by a writing signed by the Parties. As Lead Agency and administrator of this Agreement, the City FINAL COML City Council 4-14-26, Page 201 of 239 may terminate this Agreement for convenience by providing sixty (60) day’s prior written notice to the Non-Lead Agency. 11.Ownership of Property. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either party in connection with the performance of this Agreement will remain the sole property of such party, and the other party shall have no interest therein. 12.Default and Remedies 12.1 Default. If either Party fails to perform any act or obligation required to be performed by it hereunder, the other party shall deliver written notice of such failure to the non- performing party. The non-performing party shall have thirty (30) days after its receipt of such notice in which to correct its failure to perform the act or obligation at issue, after which time it shall be in default ("Default") under this Agreement; provided, however, that if the non- performance is of a type that could not reasonably be cured within said thirty (30) day period, then the non-performing party shall not be in Default if it commences cure within said thirty (30) day period and thereafter diligently pursues cure to completion. 12.2 Remedies. In the event of a party's Default under this Agreement, then after giving notice and an opportunity to cure pursuant to Section 12.1 above, the non-Defaulting party shall have the right to exercise any or all rights and remedies available to it in law or equity. 13.Amendment. No modification or amendment of this Agreement may be made except by a written document signed by the Parties. 14.Counterparts and Electronic Transmission. This Agreement may be signed in counterparts. Electronic transmission of any signed original document and retransmission of any signed electronic transmission shall be the same as delivery of an original document. 15.Governing Law. This Agreement and the rights of the Parties hereto shall be governed by and construed in accordance with the laws of the State of Washington, and the Parties agree that in any such action, jurisdiction and venue shall lie exclusively in Kittitas County, Washington. 16.No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement. 17.Interpretation. Each Party has participated in drafting this Agreement and has had this Agreement reviewed by legal counsel. Therefore, any language therein shall not be construed against any Party on the basis of which Party drafted the particular language. 18.Entire Agreement. This Agreement contains all of the understandings between the Parties. Each Party represents that no promises, representations, or commitments have been made by others as a basis for this Agreement which have not been reduced to writing herein. No oral promises or representations shall be binding upon any Party, whether made in the past or to be made in the future, unless such promises or representations are reduced to writing in the form of a written modification to this Agreement executed by both Parties. 19.Filing. This Agreement shall be posted online pursuant to RCW 39.34.040. FINAL COML City Council 4-14-26, Page 202 of 239 CITY OF MOSES LAKE GRANT COUNTY By: By: Its: Its: Date: Date: FINAL COML City Council 4-14-26, Page 203 of 239 4/10/2026 1 CITY OF MOSES LAKE Financial Sustainability Plan April 14, 2026 2 Recap of what has taken place so far: •Last year, the City Council established financial sustainability as its top priority for 2026 •FSP kickoff meeting at February 10, 2026 City Council meeting: •Presented updated six-year financial forecast •Introduced Service Level Budgeting •Proposed timeline and milestones •Agreed on a community engagement plan •Reviewed programs and the costs of each program 1 2 FINAL COML City Council 4-14-26, Page 204 of 239 4/10/2026 2 3 Recap, continued: •February 24 City Council Meeting: •Categorized programs into Core, Basic, and Enhanced •Presented tax rate and tax base comparisons with other cities •Went over median income comparisons with other cities •Reviewed revenue options •Discussed the remaining FSP process schedule, including the community engagement plan 4 Recap, continued: March 24 City Council Meeting: •Growth in city buildings over the years •Programs/positions added during/since COVID •Growth in the number of city staff compared to population growth 3 4 FINAL COML City Council 4-14-26, Page 205 of 239 4/10/2026 3 5 Recap, continued: March 31 City Council Meeting: •March 16 Town Hall meeting public input results •Balancing Act Budget Simulation report •Budget comparisons with other cities •More comparison data on tax bases, median household income, property tax burden, and “price of government.” •Scoring criteria for enhanced programs 6 Community Engagement •FSP web page established early February •Balancing Act Budget Simulation: March 1 to March 24 •Statistically Valid Survey: March 18 to April 1 •March 16 Town Hall Meeting: •Overview of six-year forecast and FSP process •Live interactive survey •Budget priorities exercise •Comment Sheets 5 6 FINAL COML City Council 4-14-26, Page 206 of 239 4/10/2026 4 7 Getting the word out to the public: •Super card mailer to all mailboxes promoting Balancing Act and Town Hall meeting •FSP articles in City newsletters mailed to all mailboxes: •December 2025 •Early April 2026 •Coverage in local newspaper •News releases and social media posts 8 For tonight’s discussion: 1. Statistically Valid Survey results 2. FSP guiding principles discussion 3. Enhanced program scoring 4. FSP revenue and expenditure options 5. City Council direction 6. Other budget strategies: •Contracting vs. in-house analysis •Purchasing improvements •Comparison of employee benefits with other cities •Lean assessment •Voluntary Separation Incentive Policy discussion 7 8 FINAL COML City Council 4-14-26, Page 207 of 239 4/10/2026 5 9 Next steps after tonight: April 28: City Council adoption of the Financial Sustainability Plan May 1-2: City Council retreat to establish 2027 budget priorities in the context of the newly adopted Financial Sustainability Plan Summer 2026: City staff develop a proposed 2027 budget based on the adopted Financial Sustainability Plan and City Council priorities 9 FINAL COML City Council 4-14-26, Page 208 of 239 Survey in the City of Moses Lake April 2026 FINAL COML City Council 4-14-26, Page 209 of 239 Fulcrum Strategy Group 2 A survey with a random sample is like tasting soup; if well -stirred, you get a good sense of the flavor in a spoonful without eating the whole pot Random Sampling Start with a known universe, in this case all eligible voters in Moses Lake Shuffle this universe and select respondents at random. When we do, responses fall within a calculable margin of error. We achieve that by… Reducing survey bias (generic company, generic survey intro) Making multiple attempts to reach selected respondent Replacing respondents with a random selection Monitoring demographic distribution against known characteristics Weighting final results when necessary (weighting was not needed) FINAL COML City Council 4-14-26, Page 210 of 239 Fulcrum Strategy Group 3 The company contacting respondents and survey introduction are intentionally generic; therefore if someone refuses, they are not doing so based on the topic Respondents may theorize about the sponsor's identity at some point during the survey but are never informed during the interview process Results include data from respondents who completed the entire survey, meaning results are not biased from partial answers Survey design and administration features including: o Respondents offered balanced scale options o A question order that releases a little bit of information at a time o Randomized question orders, and o Interviewers/web survey techniques offer the same clarifications each time. Examples of Reducing Bias FINAL COML City Council 4-14-26, Page 211 of 239 Fulcrum Strategy Group 4 Sample Size and Subgroup Margin of Error FINAL COML City Council 4-14-26, Page 212 of 239 Fulcrum Strategy Group 5 Survey conducted March 18 – April 1, 2026 Mixed -mode survey of voters in the City of Moses Lake, respondents reached by phone (landline + mobile), email, and text 300 completed interviews in English (280) and Spanish (20 ) Margin of error is +/- 5.7% overall with three sub -geographies: Mae/Laguna/Downtown/Peninsula, N=106, MoE of +/- 9.5 % East, N =106, MoE of +/- 9.5% North of the Fill, N=88, MoE of +/- 10.4 % Methodology FINAL COML City Council 4-14-26, Page 213 of 239 Fulcrum Strategy Group 6 49% 55% 55% 36% 42% 35% 38% 54% Overall Mae/Laguna/Dntn/Pen East N of Fill Right Direction Wrong Track Optimism in Moses Lake Q4. Do you feel that things in Moses Lake are generally going in the right direction or do you feel things have gotten pretty seriously off on the wrong track? FINAL COML City Council 4-14-26, Page 214 of 239 Fulcrum Strategy Group 7 Best Thing About Living in Moses Lake 19% 14% 13% 8% 7% 7% 6% 5% 12% 9% Small town/Less people/Quiet The weather/Sunshine The community/Friendly people/Culture Central Location/Easy freeway access Proximity/Access to Moses Lake Outdoors/Access to nature Friends/Family Affordable/Cost of living Other Nothing/Don't know Q5. What is the best thing about living in Moses Lake? FINAL COML City Council 4-14-26, Page 215 of 239 Fulcrum Strategy Group 8 Most Important Problem 17% 17% 13% 8% 7% 6% 5% 5% 5% 12% 5% Homelessness Crime/Drugs/Public Safety/Gangs Infrastructure/Roads/Bike lanes Water shortage/Drinking water Economy/Jobs/Lack of businesses Budget mismanagement/Spending Schools/Education quality Housing/Cost of living Growth/Development/The Airport Other Nothing/Don't know Q6. What do you think is the most important problem facing Moses Lake that the City Council should do something about? FINAL COML City Council 4-14-26, Page 216 of 239 Fulcrum Strategy Group 9 Performance Ratings 7% 8% 8% 53% 33% 45% 37% 19% 13% 6% 17% 32% 37% 28% 33% 32% 7% 16% 13% 20% 30% The quality of life in Moses Lake The job Moses Lake city government does overall The job Moses Lake city government does providing city services Job Moses Lake city gov't does maintaining city's infrastructure including parks, streets, water lines, sewer system The job Moses Lake city government is doing using tax dollars responsibly Excellent Good DK/No Opinion Only Fair Poor Positive Negative 60%39% 34%53% 53%41% 45%53% 22%62% Q7 -11. Moving on, rate each item on a scale of excellent, good, only fair, or poor. If you have no opinion, you can say so. FINAL COML City Council 4-14-26, Page 217 of 239 Fulcrum Strategy Group 10 63% 67% 55% 53% 38% 44% 27% 38% 16% 17% 17% 31% 25% 32% 33% 48% 41% 51% 26% 44% 42% 38% 94% 92% 87% 86% 86% 85% 78% 64% 60% 59% 55% Ensuring fast fire and emergency medical response times Ensuring Moses Lake has a sustainable and reliable water source Ensuring the police department has the resources it needs to fight crime and respond quickly when needed Having a financially sustainable City budget Maintaining roads and streets Water, sewer, and garbage services Maintaining parks and park facilities Building a second lake crossing Building and permitting services for businesses and homes Improving the look and feel of Moses Lake Offering a wide variety of City sponsored recreation programs such as sports programs, fitness classes, day camps, arts, and cultural activities 7 - Very high priority 5-6 Total Priority City Services/Functions Priority Q12 -22. Next are a list of city services and functions. Rate how much of a priority that is to you, on a scale where 1 is a ver y low priority and 7 is a very high priority FINAL COML City Council 4-14-26, Page 218 of 239 Fulcrum Strategy Group 11 16% 10% 9% 8% 5% 5% 61% 44% 39% 33% 32% 35% 22% 18% 5% 10% 14% 22% 12% 11% 14% 8% 16% 36% 37% 44% 47% 49% 63% 70% A city park, trail, or open space A city athletic field or sports court The Surf N'Slide Water Park The Museum and Arts Center in the Civic Center The Larsen Recreation Center The Public Library in Moses Lake The Moses Lake Ice Rink A city off-leash dog park 1xWeek+Few Mo/Yr Once Never Household Yearly Visits to Moses Lake Amenities Q34 -40. In the past year, how often have you or someone in your household visited the following…. FINAL COML City Council 4-14-26, Page 219 of 239 Fulcrum Strategy Group 12 Financial Sustainability Attitudes 20% 21% 7% 14% 5% 11% 33% 26% 37% 31% 24% 14% 12% 35% 36% 39% 18% 26% 30% 20% 24% 28% 18% 15% 23% 21% 35% 51% 58% 25% 12% 19% ML owns and operates wide range of rec facilities/park land than other cities. I support City finding ways to get out of owning/operating some of these facilities to reduce the budget Road construction is a big budget item. I support cutting back on building more sidewalks and other road improvements Some roads might get rougher w/more potholes, I would support cutting back on pavement maintenance to trim the budget Budget opportunity is cut back a bit on police patrols/traffic enforcement; PD would spend less time patrolling streets/enforcing traffic laws. I would support cutting back on police patrols/traffic enforcement FD is major part of City budget. I would support having slightly longer fire response times to reduce the budget I like that ML has lots of park space/rec programs. Would rather pay more taxes to keep what we have open and running, even if taxpayers subsidize If we are going to pay more in taxes, I would rather raise taxes to pay for police/pub safety If we had to raise taxes to close budget gap, sales taxes are best because lots of people in the County come to ML to shop, which means we would not be the only ones paying new taxes Strong Agree Some Agree Don't know Some Disagree Strong Disagree Q23 -30. Over the next 5 years, Moses Lake will face budget challenges and City government is working on financial sustainability . Indicate whether you agree/disagree… Agree Disagree 57%41% 52%47% 31%65% 28%71% 17%82% 46%53% 69%30% 65%34% FINAL COML City Council 4-14-26, Page 220 of 239 Fulcrum Strategy Group 13 Budget Challenges: Forced Choice 53% 40% 5% 2% Use a combination of service cuts and tax increase to cover the budget gap Keep taxes at their current levels, and identify services to cut to cover the budget gap each year Preserve all the city services we have now by increasing taxes to cover the budget gap (Don't know/Refused) Q31. As you may know, Moses Lake cut its operating budget by 9% this year. Despite this, budget challenges will continue because revenues are not keeping pace with the cost of providing services. If you had to choose even if it isn’t exactly right, which of the following do you think is the best way to address these budget challenges? FINAL COML City Council 4-14-26, Page 221 of 239 Fulcrum Strategy Group 14 Budget Challenges: Forced Choice by Age 58% 39% 3% 0% Use a combination of service cuts and tax increase to cover the budget gap Keep taxes at their current levels, and identify services to cut to cover the budget gap each year Preserve all the city services we have now by increasing taxes to cover the budget gap (Don't know/Refused) Q31. As you may know, Moses Lake cut its operating budget by 9% this year. Despite this, budget challenges will continue because revenues are not keeping pace with the cost of providing services. If you had to choose even if it isn’t exactly right, which of the following do you think is the best way to address these budget challenges? 48% 41% 6% 5% Under 50 Years Old Over 50 FINAL COML City Council 4-14-26, Page 222 of 239 Fulcrum Strategy Group 15 Sales Tax Support – Public Safety Q32. As you heard, raising taxes are one option for helping close budget gaps. The City could raise the sales tax by 0.1% which is one dollar on a thousand -dollar purchase, to maintain funding for police and public safety operations. Would you support/oppose this sales tax for police and public safety operations? Strongly 40% Strongly 11% Somewhat 33% Somewhat 16% Support 73% Oppose 27% FINAL COML City Council 4-14-26, Page 223 of 239 Fulcrum Strategy Group 16 Public Safety Tax – by Age and Geography Q32. As you heard, raising taxes are one option for helping close budget gaps. The City could raise the sales tax by 0.1% which is one dollar on a thousand -dollar purchase, to maintain funding for police and public safety operations. Would you support/oppose this sales tax for police and public safety operations? 40% 38% 43% 42% 39% 40% 33% 35% 30% 34% 33% 32% 16% 16% 15% 10% 21% 16% 11% 11% 11% 13% 8% 12% Overall <50 50+ Mae/Laguna/Dntn/Pen East N of the Fill Strong Support Some Support Don't know Some Oppose Strong Oppose Support Oppose 73%27% 73%27% 73%26% 76%23% 72%29% 72%28% FINAL COML City Council 4-14-26, Page 224 of 239 Fulcrum Strategy Group 17 Sales Tax Support – Cultural Programs Q33. As you heard, raising taxes are one option for helping close budget gaps. The City could raise the sales tax by 0.1% to fund cultural programs like the City’s museum and other arts programs. Would you support/oppose this sales tax for cultural programs? Strongly 19%Strongly 31% Somewhat 23% Somewhat 25% Support 42% Oppose 56% FINAL COML City Council 4-14-26, Page 225 of 239 Fulcrum Strategy Group 18 Cultural Program Tax – by Age 19% 23% 13% 19% 19% 21% 23% 25% 26% 23% 26% 20% 25% 23% 23% 26% 27% 21% 31% 27% 38% 29% 27% 38% Overall <50 50+ Mae/Laguna/Dntn/Pen East N of the Fill Strong Support Some Support Don't know Some Oppose Strong Oppose Q33. As you heard, raising taxes are one option for helping close budget gaps. The City could raise the sales tax by 0.1% to fund cultural programs like the City’s museum and other arts programs. Would you support/oppose this sales tax for cultural programs? Support Oppose 42%56% 48%50% 37%62% 42%55% 45%54% 41%59% FINAL COML City Council 4-14-26, Page 226 of 239 People. Data. Results. Ian@FulcrumStrategyGroup.com / 206.851.3099 Tpatras@FulcrumStrategyGroup.com / 614.653.9008 Ian Stewart Tom Patras fulcrumstrategygroup.com FINAL COML City Council 4-14-26, Page 227 of 239 DRAFT Financial Sustainability Plan Guiding Principles The following guiding principles should be considered as part of the introduction to the Financial Sustainability Plan document: 1.Align Resources with Priorities. Financial resources should be allocated first to core and basic programs and City Council priorities. Any remaining funds to enhanced programs should be allocated based on how well they advance the City Council’s top priorities and the needs and wants of the community. 2.Balance Operating Revenues with Operating Expenditures. Only ongoing revenues should support ongoing expenditures. Do not use one-time funds (e.g., grants or reserves) to support recurring costs. 3.Practice Fiscal Neutrality. Enforce a "zero-sum" policy: every proposed new position or program must be oAset by an equal expenditure cut or a new revenue source. To ensure long-term viability, all proposals must include fully-loaded costs and be integrated into the multi-year financial forecast. This prevents short-term budget availability from masking long-term sustainability risks. 4. Create a Shared Stewardship Model. Government is only one part of a thriving community. Moses Lake is home to resourceful, generous, and civic-minded residents and businesses who are eager to contribute. By shifting toward a model of shared stewardship—where volunteers, churches, nonprofits, and community groups take an active lead in programs and amenities in partnership with the City— we foster a deeper sense of pride and ownership while directly enhancing the City’s financial sustainability. Tapping into the expertise and labor of our local residents and partners can help us shift and reduce costs. This collaborative strategy should ease the City’s financial FINAL COML City Council 4-14-26, Page 228 of 239 burden by allowing the community to step up and fill gaps that the City has historically been expected to provide. 5.Maximize Economic Resilience. Strong cash reserves and diversification of revenues will provide stability through downturns. Some of Moses Lake’s revenues are elastic and more volatile and subject to economic fluctuations. To prepare for downturns and improve budget flexibility, keep ending fund balances of the General Fund and Street Fund to at least the minimum percentage of annual expenditures as established by the City Council. Set a target minimum fund balance for the Rainy Day Fund and build up to that target. 6.Take the Long View. One-year budgets do not show the full picture and can mask structural issues. Forecasting out at least six years provides a better view of budget trends and allows policy makers to be proactive and get ahead of problems. The financial forecast should be updated and reported to the City Council at least annually. 7.Maintain Capital Assets. Assess capital asset needs and allocate funds to maximize the lifecycle of those assets. Allocate the necessary capital replacement funds every year to eliminate deferred maintenance and avoid unplanned spikes as infrastructure, equipment, and building systems age and need to be replaced. 8.Use Public Funds EAiciently and Responsibly. Continuously improve eAiciency and reduce waste and redundancy. Maximize the value of every dollar through improving purchasing practices, productivity, and how services are delivered (e.g., contracting vs. in-house). 9.Cultivate Agility and Opportunity. To remain truly nimble, the city must maintain the capacity to seize emerging opportunities and respond to unforeseen challenges. While lean operations are essential, true agility requires a strategic buAer in both staAing and budgeting. We will advance this goal by building up the Strategic Opportunities Fund and managing workloads and priorities to ensure staA have the necessary bandwidth to pivot when circumstances shift. FINAL COML City Council 4-14-26, Page 229 of 239 10. Prioritize Organizational Health and Talent Retention. Fiscal sustainability should not come at the expense of City employees. Our city team is high performing and operates at near-full capacity; therefore, reducing staA without a corresponding decrease in service levels creates unsustainable workloads and erodes morale. To remain a competitive employer, the City must maintain compensation and benefits that align with comparable municipalities. Protecting these standards is essential for attracting and retaining the high-quality talent necessary to serve our community eAectively. 11. Transparency and Accountability. As we have done so far, include the public in the Financial Sustainability Plan. Update the plan regularly. Using our communication channels, report on the plan’s progress and status to the City Council and the public. Ensure the FSP is clear, accessible, and understandable to our residents. FINAL COML City Council 4-14-26, Page 230 of 239 Enhanced Programs Scoring Sheet Councilmember: Enhanced Programs Net Annual Cost Economic Vitality Benefit to ML Residents Council Priority #3 Reliance (must Moses Lake be the only provider?)Cost Recovery Population Served Liability/Risk 1 Communications—Quarterly Newsletter 62,000 2 Human Services 92,000 3 Library Building 143,023 4 Larsen Recreation Center 1,527,446 5 Recreation Programs 474,722 6 Museum & Art Center 700,988 7 Surf n’ Slide Water Park 777,313 8 Cascade Campground 30,390 9 Ice Rink 366,088 Scoring Criteria Descriptions: Economic Vitality.Does the program result (directly or indirectly) in job creation and business retention? Does the program promote vibrant retail and commercial areas? Local Benefit. Does the program primarily benefit Moses Lake taxpayers? Council Priority #3.Does the program improve/promote the City’s image and reputation? Does the program enhance a sense of community and sense of place? Reliance.Must Moses Lake be the only provider, or are there other entities (non -profits, private sector)that can or already are doing the same thing? Cost Recovery.Does the program generate revenue to pay for itself, or is it 100% subsidized? Population Served.How many program users?Does the program benefit the entire community or a very small, specific niche?Is the number of users growing or shrinking? Liability/Risk. What is the level of risk or liability inherent in this program? Even with safety training and standards in place, what is the potential for serious injury or loss of life? Can risk be shifted to another provider? Instructions: Score each criteria (explainations below) for each program from 1 to 7, 1 being lowest criteria correlation and 7 being highest criteria correlation. (NOTE: Liability/Risk is inverse, so low risk = high score.) FINAL COML City Council 4-14-26, Page 231 of 239 RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF MOSES LAKE, WASHINGTON, ESTABLISHING A VOLUNTARY SEPARATION INCENTIVE PROGRAM FOR ELIGIBLE CITY OF MOSES LAKE EMPLOYEES Recitals: A. As a strategic management tool to align the City’s workforce with current budgetary realities and long-term operational goals, the City Council desires to establish a Voluntary Separation Incentive Program (VSIP). B. The City deems it is in the City's best interest to provide an incentive for eligible employees, defined in Section 1.B, to voluntarily separate or retire from the City. C. The purpose of a voluntary separation program is to reduce compensation costs and full-time employee levels, facilitate redeployment, reorganization, and other efforts to make more efficient and effective use of the City's limited resources, avoid the disruption and administrative costs associated with involuntary layoffs (reductions in force), and provide the City Manager with the flexibility to reallocate resources to high-priority core and basic city services. RESOLVED: Section 1. Program Establishment and Definitions A. Voluntary Separation Incentive Program Description. The City hereby establishes a Voluntary Separation Incentive Program (Program, or VSIP) for Eligible Employees as defined in Section 1.B. B. “Eligible Employees" All regular full-time and regular part-time employees who have completed at least five years of continuous service and have not previously provided written notification of upcoming retirement. C. “Ineligible Employees”: City Manager and Department Directors. Regular employees with less than five years of continuous service. Temporary/seasonal employees, employees currently under a performance improvement plan (PIP), or those who have already submitted a notice of resignation or retirement. D. The "Date of Separation" is the final day of an employee's employment with the City, as specified in the voluntary separation agreement described in Section 4 of this Resolution. E. The Program is subject to collective bargaining obligations as required by RCW 41.56. FINAL COML City Council 4-14-26, Page 232 of 239 Section 2. Basic Provisions A. Participation in the Program shall not be based on protected class status, protected activity, or other unlawful factors. B. Participation in the Program is voluntary. Eligible Employees choosing to participate in the Program must acknowledge in writing that their decision to participate is voluntary. C. Voluntary separation will be subject to all applicable terms and conditions of labor agreements in effect on the date the Eligible Employee applies for voluntary separation. No Eligible Employee shall have a contractual right to an incentive offered through this Program. D. Eligible Employees who apply and are approved for voluntary separation under the Program will receive: 1. Participants whose applications are accepted will receive a one-time cash Separation Incentive Payment exclusive of additional pays such as longevity, out-of-class, lead pay differential, call out pay, holiday premium, and overtime, based on their completed years of service with the City of Moses Lake: Years City Service Incentive Amount (Lump Sum) 5 – 10 Years 10 weeks of base salary 11 – 19 Years 15 weeks of base salary 20+ Years 21 weeks of base salary Notwithstanding the above, the Incentive Amount for employees who are at PERS retirement age and for employees with twenty or more years of experience working for counties, cities, and/or the State of Washington is 21 weeks of base salary. 2. COBRA (Consolidated Omnibus Budget Reconciliation Act) Bridge: The City will provide a one-time payment equal to [e.g., 3 months] of the employee’s current COBRA premium rate to assist with the transition of health benefits. 5 – 10 Years 3 months 11 – 19 Years 4 months 20+ Years 5 months Five months of the COBRA Bridge is also for employees who are at PERS retirement age and for employees with twenty or more years of experience working for counties, cities, and/or the State of Washington. 3. The City Manager may allow retirement-level leave cashouts and other retirement benefits if employees opting for this program are at PERS retirement age. All other benefits shall be paid out in accordance with current city policies, labor agreements, and applicable state and federal laws. E. The City acknowledges that Eligible Employees choosing to participate in the Program may apply for unemployment compensation benefits following separation from the City. While such employees may not qualify for unemployment benefits, the City will not object to such FINAL COML City Council 4-14-26, Page 233 of 239 claim. F. Voluntary separation payments will be paid in one (1) lump sum within three (3) weeks of the Date of Separation based on the payroll cycle. Voluntary separation payments will not be considered excess compensation and shall not increase an Eligible Employee's monthly pension payout or the City's pension contribution rates. G. Voluntary separation payments are subject to applicable tax withholdings but are not considered income (average final compensation) for retirement purposes. In accordance with Washington Department of Retirement Systems (DRS) rules: • Non-Reportable Compensation: These incentive payments are for the purpose of voluntary separation and are not for services rendered. Therefore, they are not reportable compensation for PERS Plan 2 or 3 members and will not affect the employee's average final compensation (AFC). • PERS Plan 1 Exception: For Plan 1 members, if the incentive is calculated based on "years of service," it may be deemed "earned over time" and trigger an Excess Compensation bill to the City. The City reserves the right to cap or adjust Plan 1 incentives to avoid such liabilities. H. Re-Employment Restrictions. To ensure the City realizes the projected cost savings, any employee who accepts a VSIP incentive is prohibited from returning to work for the City of Moses Lake—including as a regular employee, temporary employee, or independent contractor—for a period of five (5) years from the Date of Separation. Section 3. Approval Criteria. Voluntary separation under this Program can be approved only by written agreement executed by the City, the Eligible Employee and the labor union, if applicable. Labor unions will be given notice of the proposed terms of any written agreement and be given the opportunity to negotiate on behalf of their members. The voluntary separation agreement shall be approved by the City Attorney and include indemnity and other waiver protections for the City. It shall also include the Eligible Employee's acknowledged acceptance of the terms and conditions of the Program, specify the cash-value of the Eligible Employee's incentive under Section 2.D, and designate the final date of employment with the City (the Date of Separation). Section 4. Notification and Separation Requirements A. To be considered for participation in this Program, Eligible Employees must apply by submitting an official application to the Human Resources Department within sixty (60) days of the Effective Date of this Resolution. Employees who submit an official application by this deadline will then be provided additional information, along with review periods as established by law. Applications will be reviewed by administration and may be approved or denied consistent with the purposes of the VSIP set forth in Recital C above. All decisions are subject to the discretionary approval of the City Manager. FINAL COML City Council 4-14-26, Page 234 of 239 B. The Date of Separation shall be no later than one hundred (100) days following approval of the application, unless the City Manager determines that a later Date of Separation is in the best interest of the City. Section 5. Position Backfill A. The City Manager shall determine whether a position vacated via the VSIP will be: 1. Eliminated from the budget; 2. Held vacant for a minimum of 12–24 months; or 3. Restructured at a lower salary grade or change in essential job functions; 4. Replacement at a lower salary grade/level. . B. Requests to backfill positions vacated through the Program are subject to review and approval by the City Manager. Backfill requests that facilitate redeployment, reorganization, and/or other efforts to make more efficient and effective use of the City's limited resources will receive priority consideration. Adopted by the City Council on _ , 2026. ______________________________ Dustin Swartz, Mayor ATTEST: ______________________________ Debbie Burke, City Clerk FINAL COML City Council 4-14-26, Page 235 of 239 Administrative planning document only. Today's Date: All items are tentative and subject to constant change. Apr 28 due dates: PW 4/12, Atty 4/14, Director 4/17, City Mgr 4/20, Community Events Noon 4/28 for Mayor Standard Public Hearing Notices for May 12 are due Apr 22 end of day. Date/Time Proceeding Subject Action Presenter LF Status 2026 City of Moses Lake Agenda Forecast - Apr 21 to Jun 16 #/ltr/pg 4/10/2026 Tue, Apr 21 at 6 PM Water Rate Fee Schedule Amendment Resolution 4036 Prentice Study Session: Street and Utility Standards Update (CA11)L Ramsey Wed, Apr 22, 12:30-5:30 Mid-Columbia PUD Energy Expo @ Pybus Public Market Wenatchee - Notice of Quorum posted Tue, Apr 28 Presentations Yonezawa Japan Sister City Proclamation (treaty signed May 1, 1981)(recur) 6:30 PM Consent none scheduled - for now will be only minutes and bills Old Business Adopt Financial Sustainability Plan for General & Street Funds (CG1)Motion Prentice New Business Street and Utility Standards Update (CA11)Motion L Ramsey Staff pg 1st Quarter Financial Report (include in packet)Prentice (recur) Thurs, Apr 30 at 6 pm AGCCT - potential quorum posted Ephrata May 1st & 2nd, All Day City Council Retreat @ Pillar Rock Conference Room Tue, May 12 Presentations Armed Services Recognition - Moses Lake Area HS Graduates Mayor (recur) 6:30 PM ""Post State Legislative Session Debrief - Briahna Murray, Gordon Thomas Honeywell ""Semi quincentennial Commemoration Proclamation Boyd ""Water Projects Map (CG2)Baltzell Consent Old Business New Business Grant County Urban Growth Planning Interlocal Agreement Motion Kenison Staff May 16 (Sat)Fire Department Pancake Breakfast - Post Notice of Quorum Tue, May 26 Presentation Memorial Day Proclamation (recur) 6:30 PM ""Fee Study Report Consent FINAL COML City Council 4-14-26, Page 236 of 239 Administrative planning document only. Today's Date: All items are tentative and subject to constant change. Apr 28 due dates: PW 4/12, Atty 4/14, Director 4/17, City Mgr 4/20, Community Events Noon 4/28 for Mayor Standard Public Hearing Notices for May 12 are due Apr 22 end of day. Date/Time Proceeding Subject Action Presenter LF Status 2026 City of Moses Lake Agenda Forecast - Apr 21 to Jun 16 #/ltr/pg 4/10/2026 Old Business New Business Biennial Budget Kick Off Prentice ""Shoreline Master Program Amendment Motion V Ramsey ""Police Labor Agreement Motion Springer Staff Council May Notice of Quorum: Division St. Neighborhood Meeting (CA9)Karlinsey May Exec Only City Manager Annual Performance Evaluation 42.30.110 (1)(g) Tue, Jun 9 Public Hearing 6-Year Transportation Improvement Program, Resolution xxx Motion Baltzell (recur) 6:30 PM Presentations MOTS Quarterly Report - David Hunt, Columbia Basin Resource Center Murillo (recur) ""Grant County Homeless Task Force Appointment/Reappointment (recur) Consent Old Business New Business 2025 Community Street and Utility Standards Resolution xxxx Motion Baltzell (recur) Jun 16 Townhall Community Beautification (CA18) Jun New Business Facility Use for Local Government Agencies MLMC 3.34 Discussion Coutts Jul Presentation pg Stratford Rd Intersection Improvement Design - Consultant Bisnett Jul Consent Western Avenue Vacate Ordinance xxxx Karlinsey Jul 7 Presentation Building Assessment Report (CA15) Jul - Aug Presentation Comprehensive Fee Study Report - Katherine Goetz, Berk Consulting Jul - Aug Workshop Code Enforcement Regulations (CG3)First Pres CDD (after Jun 16 CA18) Aug 25 Old Business Code Enforcement Regulations (CG3) Ordinance xxxx Motion CDD FINAL COML City Council 4-14-26, Page 237 of 239 Administrative planning document only. Today's Date: All items are tentative and subject to constant change. Apr 28 due dates: PW 4/12, Atty 4/14, Director 4/17, City Mgr 4/20, Community Events Noon 4/28 for Mayor Standard Public Hearing Notices for May 12 are due Apr 22 end of day. Date/Time Proceeding Subject Action Presenter LF Status 2026 City of Moses Lake Agenda Forecast - Apr 21 to Jun 16 #/ltr/pg 4/10/2026 Aug Regular Meetings NOTICE OF CANCELLED REGULAR MEETING Week Prior - Post notice on bulletin board - MOVE TO DOOR NIGHT OF Aug Special Meeting designate another day for paying bills Fall 2026 Staff Sales Tax Levy Renewal (Transp Benefit District) expires 12-31-27 Karlinsey Fall 2026 Workshop Safer Routes to Schools - Nelson Rd Project (ref Oct 7 2025 mtg) Dec 22 NOTICE OF CANCELLED REGULAR MEETING Week Prior - Post notice on bulletin board - MOVE TO DOOR NIGHT OF Future Items not assigend a meeting date 5:30 start Study Session **Stormwater Rate Structure Presentation Baltzell Presentation Irrigation for Private Wells (purple pipe)9-18-24 related to new subdivisions and conflict with wellhead protection Presentation Yonezawa-SR-17 Roundabout Construction Funding - Design Engineer Levi Bisnett Public Hearing Eastlake Dr Vacate Ordinance xxxx Motion V Ramsey Consent Amend STBG Grant for Yonezawa Round-a-bout <motion>Baltzell LR-LB Consent Accept Lakemont Planned Development Deeds <motion>V Ramsey Consent Accept LKQ Improvements <motion>Baltzell Consent MOU Port of Moses Lake Bridge Project <motion>Karlinsey Consent MOU Port of Moses Lake Canal Project <motion>Karlinsey Consent Public Works Contract Project Acceptance Authority Res or Ord xxxx <motion>Karlinsey Consent Simplot Rope Rescue Contract <motion>Perillo Old Bus Airport Commission Duties Resolution xxxx Motion Baltzell Old Bus Multi Modal Trails Team and Plan Exhibit D (ref Res 3997 12-10-24) Old Bus Private Property Burn Regulations Ordinance xxxx Motion Perillo Old Bus **Stormwater Rate Structure Ordinance xxxx Motion Baltzell Old Bus WSDOT Administrative Settlement Policy Resolution xxxx Motion Baltzell New Bus/Old Bus Airport Operations Manual Update 1st Pres/MotionBaltzell New Bus/Old Bus Building Permit Recovery Fund Ordinance 1st Pres/MotionMiller New Bus/Old Bus Employee Handbook Update 1st Pres/MotionSpringer (recur) New Bus 2025 Community Street and Utility Standards Resolution xxxx Motion Baltzell (recur) New Bus Accept Fire Station Land Donation Motion Perillo New Bus ADA Downtown Parking Access Assessment (CA10)Motion Bisnett/Holm New Bus Future Land Use Map Update (fr Study Session 6/11/24)Motion V Ramsey (after Plan Comm) FINAL COML City Council 4-14-26, Page 238 of 239 Administrative planning document only. Today's Date: All items are tentative and subject to constant change. Apr 28 due dates: PW 4/12, Atty 4/14, Director 4/17, City Mgr 4/20, Community Events Noon 4/28 for Mayor Standard Public Hearing Notices for May 12 are due Apr 22 end of day. Date/Time Proceeding Subject Action Presenter LF Status 2026 City of Moses Lake Agenda Forecast - Apr 21 to Jun 16 #/ltr/pg 4/10/2026 New Bus Grant County Council of Governments Motion Karlinsey New Bus New Cingular Lease Amendment Motion Baltzell New Bus Shopping Cart Collection Volunteer Group Discussion Miller New Bus Write-off Uncollectible Accounts Authorization Ord or Res Motion Prentice New Bus ML School District Playfield Watering Exemption Ordinance xxxx Motion Baltzell FINAL COML City Council 4-14-26, Page 239 of 239