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FINAL 2024 0227 Council Agenda PacketMoses Lake City Council Dustin Swartz, Mayor | Judy Madewell, Deputy Mayor | Don Myers, Council Member | Mark Fancher, Council Member Deanna Martinez, Council Member | David Skaug, Council Member | Victor Lombardi, Council Member Tuesday, February 27, 2024 Moses Lake Civic Center – 401 S. Balsam or remote access* Study Session 6 p.m. – Food Truck Code Amendments – Utility Services Manager Jessica Cole, and Community Development Director Kirsten Peterson Regular Meeting Agenda Call to Order – 6:30 p.m. Roll Call Pledge of Allegiance Approval of the Agenda Citizen’s Communications ** Summary Reports: Mayor’s Report -Airport Commission Reappointments -Government Communicator’s Day Proclamation - National Engineer’s Week Proclamation Additional Business City Manager’s Report -Firefighter Lebacken Oath and Badge -GAAP to Cash Basis of Accounting pg 3 #1 Consent Agenda pg 8 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 Dated February 06 and 13, 2024 COML Council Packet 2-27-24, Page 1 of 126 February 27, 2024 City Council Meeting Page 2 b.Claims and Payroll c.Grant County Curbside Chipping Interlocal Agreement d.Award Seal Coat Project 2024 e.Accept Seal Coat Project 2022 f.Aspect Water Right Consulting Amendment g.ADA Ramp Design Standards Resolution 3971 h.Hospice Patient Transport Contract i.Build on Unplatted – Thompson Resolution 3972 j. Water Regulations Ordinance 3043 and Fee Schedule Resolution 3973 Old Business - None scheduled New Business #2 Motion #3 Motion pg 81 Multi-Family Tax Exemption Prattville Duplexes Presented by Kirsten Peterson, Community Development Director Summary: Council to review and consider approval pg 96 Multi-Family Tax Exemption Aspen Townhomes Presented by Kirsten Peterson, Community Development Director Summary: Council to review and consider approval Council Committee Reports Adjournment Next Regular Council Meeting is scheduled for March 12, 2024 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) 764-3713 at least 24 hours in advance of the meeting. *Click this link for remote speaker request forms which must be completed by 3 p.m. on the day of the meeting for Citizen or Public Hearing Comments to be heard remotely during the live meeting. Select zoom option if signed up to speak remotely. Teams Option: Select Meeting Link YouTube Live Option: https://www.youtube.com/@MosesLakeCityCouncil/streams ** In person Citizen Comment form needs to be turned in prior to start of each meeting. 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. COML Council Packet 2-27-24, Page 2 of 126 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Kevin Fuhr, City Manager 14561 Madeline Prentice, Director Finance 2/27/2024 City Manager's Report Change in basis of accounting - GAAP to Cash City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ N/A Justification for converting from GAAP reporting to Cash basis reporting.docx 19.34KB COML Council Packet 2-27-24, Page 3 of 126 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Requesting a consensus of Council to implement a change in the basis of accounting to the Cash Basis Budgeting, Accounting, and Reporting System (BARS) prescribed by the Washington State Auditor's Office under the authority of Washington State law Chapter 43.09 RCW for the 2022 reporting year. Staff will bring back amendments to policies, applicable ordinances, and/or resolutions at a future Council meeting prior to actual implementation. Basis of accounting refers to when revenues and expenditures are recognized and reported in financial statements. Governmental fund financial statements are currently reported using Generally Accepted Accounting Principles (GAAP), a modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered available when they are collectible within the current period or soon enough thereafter to pay liabilities of a current period. Therefore, a majority of revenue received in January is pushed back into December of the previous year. Generally, expenditures are recorded when a liability is incurred, as under accrual accounting. Under cash basis of reporting, revenues would be recognized only when cash is received, and expenditures would be recognized when chargeable against the report year's budget appropriations as required by state law. This generally results in revenues being recognized upon receipt by the City and expenditures being recognized when paid. Checks are considered paid when issued. An exception to the expenditure recognition would be during any open period after the close of the fiscal year when expenditures can be charged against the previous period for claims incurred in the previous period. Open periods are required by statute for cities (RCW 35.33.151 and RCW 35A.33.150). The accounts for budgetary control for each fiscal year are kept open for twenty days after the close of such fiscal year for the purpose of paying and recording claims for indebtedness incurred during such fiscal year; any claim presented after the twentieth day following the close of the fiscal year is paid from appropriations lawfully provided for the ensuing period. A reporting change to the cash basis would simplify the annual reporting process and the annual financial report, making it more easily understood by users. Additionally, the staff time to prepare the report would be considerably less, allowing staff to fully analyze the data and improve policies and processes. Audit costs would decrease significantly as well as software and consultant costs for preparation of the annual financial report. The City's basis of accounting would change from GAAP to Cash Basis or Other Comprehensive Basis of Accounting (OCBOA), resulting in significant savings in audit, software and consulting costs, as well as reduced staff time and training necessary to prepare the annual report. Options and Results Consider a change in the basis of accounting to Cash Basis reporting. Staff will bring back options for recommended changes. The annual report would continue to be prepared and reported under a GAAP (modified accrual) basis of reporting. COML Council Packet 2-27-24, Page 4 of 126 Generally Accepted Accounting Principles (GAAP) reporting versus Cash basis reporting There are two annual financial repor�ng op�ons available to local governments in Washington State; 1) Generally Accepted Accoun�ng Principles (GAAP), or 2) Cash Basis or Other Comprehensive Basis of Accoun�ng (OCBOA). Both op�ons share many similari�es, for example, each: •Provides meaningful financial informa�on to the public; •Requires �mely annual financial reports; •Uses accoun�ng funds; •Requires use of BARS (Budge�ng, Accoun�ng and Repor�ng Systems) codes for a common chart of accounts; •Requires use of supplemental schedules, largely to accommodate state mandated repor�ng needs; and •Has many requirements for budget. RCW 43.09.200 provides statutory authority to the Washington State Auditor’s Office (SAO) to prescribe a system of accoun�ng and repor�ng for all local government en��es. It also states that the requirements shall be uniform for every public ins�tu�on, office, and public account of the same class. While all local governments must file an annual financial report with SAO, the SAO has developed two different approaches for accoun�ng and repor�ng: Generally Accepted Accoun�ng Principles (GAAP) and “cash basis” also referred to as “other comprehensive basis of accoun�ng” (OCBOA). Generally Accepted Accounting Principles (GAAP) reporting: GAAP is an established set of rules and regula�ons that provide uniformity and consistency for the accoun�ng of businesses and governments throughout the United States. Governmental en��es are also guided by the Governmental Accoun�ng Standards Board (GASB), an independent private sector organiza�on which establishes accoun�ng and financial standards for the state and local governments that follow GAAP. These standards are recognized as authorita�ve by state and local governments. The GAAP method of accoun�ng and repor�ng is an accrual or modified accrual basis of accoun�ng where costs and expenses are recognized when they occur rather than when actual cash is exchanged. State and local governments must follow GAAP/GASB accoun�ng unless authorized to report using an “other comprehensive basis of accoun�ng.” GAAP is determined by GASB and focuses on both the current and longer-term implica�ons of financial ac�vity. It adheres to such principles as inter-period equity (pu�ng ac�vity in the �me-period where the underlying ac�vity occurred) and long-term financial condi�on (long-term assets and liabili�es). Roughly 20% (56 of 281) of local governments in Washington State report on a GAAP basis. Arguments for GAAP – the fundamental theory of GAAP repor�ng aligns with an evolving no�on of long- term fiscal solvency. Many local governments have recently pursued a longer-term view of financial planning in order to provide more stability for their opera�ons over �me. GAAP financial statements include long-term assets and liabili�es. They record future outlays of cash being earned by employees as expenses – in the current fiscal period. GAAP statements recognize the slow consump�on of long-term assets as they are u�lized rather than only when they need to be replaced (deprecia�on and amor�za�on). In short, GAAP statements reflect the impacts on our financial condi�on of current services and facili�es regardless of when this impact actually hits “cash”. While this effort to iden�fy all poten�al impacts has led to some rather esoteric examples (e.g. impairment of assets, irrevocable split- COML Council Packet 2-27-24, Page 5 of 126 interest arrangements, etc.), few can argue that it isn’t a more accurate reflec�on of our opera�ons than strictly relying on cash-basis accoun�ng. Arguments against GAAP – Atemp�ng to iden�fy all fiscal implica�ons of current ac�vity, including those that won’t be realized un�l some future date, can be complicated. In fact, GAAP repor�ng is very complicated and ge�ng more so all the �me. This highly technical work requires a great deal of exper�se in a very obscure field – government accoun�ng. Finding (and retaining) staff with this level of exper�se is challenging. Addi�onally, maintaining sufficient staff skills and knowledge as the standards con�nue to evolve can be an expensive proposi�on. Atemp�ng to adhere to GAAP standards when staff is in transi�on or does not have access to current training can lead to misstatements and audit problems. Comparison of GAAP-style financial reports to budgetary reports and plans can be challenging. The cash format more closely resembles the budget approach for most organiza�ons. In fact, for those organiza�ons that split the difference – using GAAP for annual financial reports and something more like cash for budge�ng – it can become confusing. This isn’t helpful for the agency, as the whole purpose of the financial report is to provide clarity and transparency. Notes to the financial statements in a GAAP annual financial report can be dozens of pages long! O�en, we find that policymakers are more comfortable with the budget-basis perspec�ve rather than the more esoteric GAAP financial data. Cash-Basis or Other Comprehensive basis of accounting (OCBOA) reporting: “Cash basis,” also referred to as “other comprehensive basis of accoun�ng” (OCBOA), is an alternate method of accoun�ng and repor�ng that is prescribed by the SAO through its authority in RCW 43.09.200. Cash basis accoun�ng and repor�ng is a more simplified system than accrual, as it only recognizes income and expenses when received or disbursed. Net income under a cash basis system will always equal cash on hand plus funds held in banking ins�tu�ons (or with the county treasurer) in the name of the en�ty. This method of repor�ng is non- conforming to GAAP, and local governments are required to disclose the use of cash accoun�ng and repor�ng in the notes to financial statements when preparing the annual financial report. Cash basis repor�ng requirements are determined by the SAO and focuses on the current fiscal period. If the ac�vity impacts cash, it is recorded. The use of cash basis revolves around bank account ac�vity and the receipt and disbursement of cash. Long-term, non-cash financial transac�ons are not recorded (such as deprecia�on, earning future revenues, or incurring future liabili�es). As a result, the focus of cash basis is the short-term financial impacts to cash flow. Roughly 80% (225 of 281) of local governments in Washington State report on a cash basis. Arguments for Cash-basis – the primary argument for repor�ng on a cash basis has always been based on cost savings and efficiency. The simplicity of both the daily accoun�ng of financial transac�ons in addi�on to the simplified method of repor�ng financial ac�vi�es are strong arguments for cash-basis accoun�ng and repor�ng. Cash-basis repor�ng represents a cost savings both in the area of finance staff exper�se with governmental accoun�ng requirements as well as the �me efficiencies realized in performing the day-to-day du�es of finance staff. These increased efficiencies are most apparent when preparing the financial report. For smaller jurisdic�ons with limited staff who have mul�ple demands upon their �me, this is a significant factor for the use of cash basis. Financial statements and the notes to financials can be easily generated using the SAOs tools and templates as long as care has been taken to reconcile the cash ac�vity throughout the year. While the COML Council Packet 2-27-24, Page 6 of 126 SAO con�nues to impose addi�onal GAAP requirements on cash-basis en��es, the increased �me required to prepare the report is substan�ally below that of GAAP-repor�ng en��es. Cash-basis repor�ng does not require the extensive analysis required by GAAP en��es. Instead, it focuses its aten�on on the cash available for current budgetary needs. Addi�onally, cash basis provides greater transparency of the flow of cash through the organiza�on, provides an accurate picture of how much cash is on hand, and easily allows for a compara�ve analysis of budget-to-cash availability to assure budgetary compliance. Arguments against Cash-basis – The most significant argument against the cash-basis method is the fact that it’s focus is short-term in nature. Cash-basis reports do not reflect the true financial condi�on of the en�ty because the financial statements do not provide informa�on about assets held by the agency and liabili�es are presented as a separate supplemental schedule. The lack of long-term fiscal perspec�ve requires addi�onal considera�on, especially in the areas of debt management and planning for future capital needs. More sophis�cated studies of financial viability and impacts of proposed changes to levels of service may require outside assistance from consultants that specialize in these areas of analysis. Other considerations for changing from GAAP reporting to cash-basis reporting: The current es�mate of hours/costs to complete the 2021 annual audit is 700 – 800 audit hours at an es�mated cost of $103,000 plus es�mated charges for travel �me of $6,800. The hourly billing rate from the State Auditor’s Office con�nues to rise. The new audit rate for 2024 was announced in September 2023 at $139/hour plus travel costs. GAAP repor�ng con�nues to become more complex, which will require addi�onal extensive staff training and/or specialized consultants to assist us in preparing the annual financial statements. The State Auditor’s Office has indicated that conver�ng to a cash-basis repor�ng en�ty will reduce the annual audit hours to 350 – 400 hours in the first year of conversion and less hours a�er the first (conversion) year. This will result in savings of between $48,650 and $55,600 in just audit costs in the first year, with the poten�al for addi�onal savings in subsequent years. The City currently u�lizes a specialized so�ware program to prepare the ACFR (annual report) at a cost of approximately $13,000 annually plus consul�ng service costs (~$25,000 - $50,000 annually) to configure and operate the so�ware. Conver�ng to cash-basis repor�ng would eliminate the need to con�nue u�lizing the specialized so�ware and consul�ng services as the cash basis annual audit report can easily be prepared using SAO tools and templates. As the City looks at implemen�ng new ERP so�ware, one of the key requirements will be the ability to quickly and easily prepare reports that will not only comply with the SAO’s annual financial repor�ng requirements but provide Council and management the informa�on necessary to make informed decisions on long-term planning, levels of service, debt management, and planning for future capital needs. The State Auditor’s Office has strongly suggested that the City change to a Cash Basis repor�ng en�ty. In conversa�ons with MRSC staff, they men�oned a possible nega�ve impact would be a slightly higher interest rate on future bond fundings or loans, but it is generally a negligible increase especially when compared to the savings in audit costs and staff �me to prepare the annual report. COML Council Packet 2-27-24, Page 7 of 126 MOSES LAKE CITY COUNCIL – SPECIAL MEETING February 6, 2024 CALL TO ORDER The special meeting of the Moses Lake City Council was called to order at 11:34 a.m. by Mayor Swartz in the Council Chambers of the Civic Center. ROLL CALL Present: Mayor Swartz; Deputy Mayor Madewell; Council Members Skaug, Lombardi, Martinez, and Myers. Council Member Fancher was absent. WATER STUDY SESSION Jessica Cole, Utility Services Manager, gave a presentation on the following: •Tiered Water Rate •Excessive Water Usage •After Hour Delinquent Water Turn-ons •Water System Comprehensive Plan Goals •Rate Study in 2025 •Commercial Flat Rate Sewer She explained the current tiered water structure and proposed three new models with a fourth tier added, went over a map of excessive water use by location, and model rate billing examples. Next, an excessive use charge was proposed. It was explained that this revenue specifically can be earmarked for certain uses such as: water treatment, source, conservation, and rebate programs. There were two fees proposed - $100 for over 5,000 cubic feet and $250 for over 10,000 cubic feet. Additionally, there would be a credit back to accounts if it was discovered that there was a leak. An analysis was completed on 14 different residences, five odd and nine even addresses, across the city using the Beacon software. The analysis showed that cutting just eight minutes of watering per day put the usage at less than 3,000 cubic feet for some of the residences, which is the future goal. The cost for an after-hours water turn-on is $275. Currently, the city only charges customers $100 for these after-hours events. Staff is requesting that the on-call turn-ons for delinquent customers be stopped. Emergency turn-ons would not be affected by this change. There was Council consensus for this change to be made. For the Water System Comprehensive Plan goals, there were two main objectives: 1. Reduce residential water use by 20% for the highest 30% of users over the next 10 years. 2. Reduce distribution system leakage (DSL) to less than 10% over the next 10 years. COML Council Packet 2-27-24, Page 8 of 126 Tiered rates, excess use charges and an eye on water will all play a vital role in the City achieving these goals. In 2025, staff will be budgeting for a water-sewer rate study to be completed. It will take 6-12 months to complete a full study and the focus will be on cost of service, conservation goals, and special rates for commercial and industrial users. There is currently a group of commercial customers that receive flat rate sewer charges based on average winter water consumption. There are no tiered rates for this group or incentives to conserve and they have unrestricted use for irrigating without the increased costs applied to irrigation and residential user classes. Council directed staff to move forward with drafting an ordinance and fee code resolution using the consumption allowance and rates proposed in Model 2 but requested that the rate for Tier 4 be lowered to $3.75/100 CF. They also requested an excessive use fee for those customers at over 10,000 CF be applied and earmarked for conservation, changing from potable water use to lake water for irrigation, and education. ADJOURNMENT The meeting was adjourned at 1:37 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk COML Council Packet 2-27-24, Page 9 of 126 MOSES LAKE CITY COUNCIL February 13, 2024 STUDY SESSION Grant County Hazard Mitigation Plan Update Kyle Foreman and Mariah Garcia, from Grant County’s Emergency Management Team, summarized the purpose and required content of planning under the Disaster Relief and Emergency Assistance Act. Agencies partnering in the program are eligible for disaster funding. A resolution for Council is slated for adoption during the regular meeting. The County will also complete an update to their Comprehensive Emergency Management Plan this year. CALL TO ORDER The regular 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 with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Swartz; Deputy Mayor Madewell; Council Members Lombardi, Martinez, Myers, and Skaug. Absent: Council Member Fancher. Action taken: Council Member Martinez moved to excuse Council Member Fancher, second by Deputy Mayor Madewell. The motion carried 6 – 0. PLEDGE OF ALLEGIANCE Cedric Eklund led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Martinez moved to approve the Agenda as presented, second by Council Member Myers. The motion carried 6 – 0. CITIZEN’S COMMUNICATION Food Truck Regulations – Amy Dalluge and Cedric Eklund, Moses Lake, requested Council expedite adoption of revised rules modeled from other cities. Council invited them back to the February 27 Workshop to hear discussion with staff for new regulation options. Pizza Donations to HopeSource – Elisia Dalluge, Moses Lake, has been delivering pizza to the homeless shelter and needs to get receipts for this sponsor. City Manager Kevin Fuhr asked her to email him the information and he would follow up on the donation process with HopeSource. Signs Permitted in the Right of Way – Linda Curran, Moses Lake, advised that there are signs obstructing the line of sight for traffic at Broadway intersection near Michaels on the Lake. Staff are working on amendments to regulations and will have Code Enforcement address the current obstruction. SUMMARY REPORTS CITY MANAGER’S REPORT Prior Year 4th Quarter Financial Report The 2023 year-end report shows revenues are slightly under budget and expenses 25.5% under budget. A summary report by Fund was included in the meeting packet. COML Council Packet 2-27-24, Page 10 of 126 CITY COUNCIL MINUTES – February 13, 2024 pg. 2 Yonezawa Round-a-bout Project Washington State Department of Transportation staff have denied request to construct an arm off Highway-17 but have agreed to allow temporary access to construct a round-a-bout during the proposed development. Staff are working on a Surface Transportation Block Grant (STBG) and Transportation Improvement Board (TIB) funding to avoid consideration of bonding for the remaining construction costs. Finance Director Madeline Prentice and City Manager Kevin Fuhr are meeting with our Bond Counsel and will schedule a Council Study Session in March to discuss bond capacity and potential funding of capital projects. CONSENT AGENDA #1 a. City Council meeting minutes dated January 23, 2024b. Electronic Transfer: #320 - 339 - $1,205,521.58Checks: 163952 - 164227 - $1,265,290.95 Payroll Checks: 01-19-2024 PR, #66019 - 66033 - $5,133.39 02-02-2024 PR, #66034 - 66043 - $5,407.71Electronic Payments: 01-19-2024 Direct Deposit: - $633,383.0002-02-2024 Direct Deposit: - $638,408.58c.Employee Handbook Resolution 3972 d. Confluence Health Training Donation e.Award Division Lift Station Upgradef.Award Crack Seal Projectg. Award Reservoir 6 Painting Projecth. Industrial Waste Discharge Permit No. 12, Pure Country Harvest i.Cybersecurity Grant Award j.Microsoft License Agreementk. Municipal Airport Insurancel. Grant County Animal Outreach Contract Action taken: Council Member Myers moved to approve the Consent Agenda as presented, second by Council Member Martinez. The motion carried 5 – 0. Mayor Swartz recused himself from the vote due to a conflict of interest with item (e). NEW BUSINESS #2 Grant County Hazard Mitigation Plan Update Resolution 3971 Study Session was held prior to tonight’s regular meeting. The resolution commits continued support of the updated plan and cooperation with planning partners. Action taken: Council Member Martinez moved to adopt Resolution 3971 as presented, second by Deputy Mayor Madewell. The motion carried 6 – 0. COUNCIL COMMUNICATIONS AND REPORTS Council Member Martinez attended the AWC Action Days in Olympia. She shared that cities on the westside appear to have harder issues than ours and that its nice we don’t have these issues too. A repeal of the Governor’s Climate Commitment Act is anticipated to be on the November ballot. February is Heart Health Month to encourage focus on cardio health and the different symptoms experienced by men and women. Ms. Martinez commended staff for getting a new COML Council Packet 2-27-24, Page 11 of 126 CITY COUNCIL MINUTES – February 13, 2024 pg. 3 emergency alert system purchased to improve employee safety. Council Member Lombardi said that there are 150 planes stored at the Port of Moses Lake, pending recertification before they can be sent back to service. There is an interest in new business locations for chip and battery companies coming from Korea. The municipal airport members are working on the new lease implementation and are excited for the new city liability policy coverages. Mayor Swartz will be attending the AWC Mayor’s Exchange in Olympia and the Japan Emperor’s Birthday events next week. EXECUTIVE SESSION Mayor Swartz called an Executive Session from 7:35 p.m. to 7:55 p.m. to discuss potential litigation pursuant to RCW 42.30.110(1) subsection (i), with no business to follow. ADJOURNMENT The regular meeting was adjourned at 7:50 p.m. ______________________________________ Dustin Swartz, Mayor ATTEST____________________________ Debbie Burke, City Clerk COML Council Packet 2-27-24, Page 12 of 126 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Kevin Fuhr, City Manager 14665 Madeline Prentice, Director Finance 2/27/2024 Consent Agenda Disbursement report since February 13, 2024 City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 1,809,987.50$1,809,987.50$0.00$ Approve payment of claims as presented. The following amounts were budgeted, and sufficient funds were available to cover these payments. Electronic Transfer: N/A Checks: 164228 - 164423 - $1,168,627.23 Payroll Checks: 02-16-2024 PR, #66044 - 66054 - $6,062.25 Electronic Payments: 02-16-2024 Direct Deposit: - $635,298.02 Vouchers - 02.27.2024.pdf 370.55KB COML Council Packet 2-27-24, Page 13 of 126 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: RCW 42.24 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. RCW 42.24.080 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. RCW 42.24.180 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 had 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. 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 of the validity of all payments by the appropriate department prior to submission for payment. The Finance Director has delegated authority for the examination of vouchers and authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and validated. The Finance Division regularly reviews it processes to ensure appropriate internal controls are in place. Options and Results Approve N/A Staff would recognize claims as receivables and pursue collections. COML Council Packet 2-27-24, Page 14 of 126 COML Council Packet 2-27-24, Page 15 of 126 COML Council Packet 2-27-24, Page 16 of 126 COML Council Packet 2-27-24, Page 17 of 126 COML Council Packet 2-27-24, Page 18 of 126 COML Council Packet 2-27-24, Page 19 of 126 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Kevin Fuhr, City Manager 14664 Doug Coutts, Director Parks, Recreation, and Cultural Services 2/27/2024 Consent Agenda Interlocal Agreement-Grant County Chipping Program Grant City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Approve the Interlocal Agreement with Grant County for the Roadside Chipping Program Grant. Grant County Commissioners Chipping ILA 2023-25.pdf 90.49KB This is the renewal of the chipping program grant from Grant County. the City will offer residential chipping events at curbside to collect woody material for use in city parks one (1) time per year over a three-week period through June of 2025 and the county reimburses the City 75% of expenses including labor and promotion of the program. Estimates have the total investment for the program at $18,500 making the City's portion $4,625 over the 2-year period. This program is continuing from prior years and was a part of prior year's budgets. None Options and Results Staff will execute the agreement and oversee the program. Staff will bring back options for recommended changes. Staff will revise and bring back additional options. COML Council Packet 2-27-24, Page 20 of 126 COML Council Packet 2-27-24, Page 21 of 126 INTERLOCAL AGREEMENT BETWEEN GRANT COUNTY AND THE CITY OF MOSES LAKE THIS AGREEMENT (“Agreement”) is made and entered into by and between Grant County, Washington (“County”), a political subdivision of the State of Washington, by and through Grant County Public Works, and the City of Moses Lake, Washington (“City”) pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW. WHEREAS, the County has obtained a Local Solid Waste Financial Assistance grant from the Washington State Department of Ecology; and WHEREAS, the County desires to award a sub-grant to help fund the City’s continuing effort to divert woody material from the Ephrata Landfill and; and WHEREAS, the City will offer residential chipping events at curbside to collect woody material for use in city parks one (1) time per year; and WHEREAS, the yearly chipping event will occur over a three-week period; and WHEREAS, the County and the City desire to memorialize the terms and conditions of the Agreement between the parties regarding provision of a sub-grant. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the parties agree as follows: AGREEMENTS: 1.GRANT FUNDS, ALLOCATION, AND PAYMENT a.Grant funds provided to the City from the County shall not exceed the amount of Thirteen Thousand Eight Hundred Seventy-Five Dollars and no/100’s ($13,875). Such amount includes reimbursement for labor expenses to chip the woody material at curbside and for expenses to promote the events; and b.The total project cost including the 25 per cent cash match provided by the City is estimated at Eighteen Thousand Five Hundred Dollars and no/100’s ($18,500); and c.The County shall reimburse the City 75 per cent of costs associated with the City’s curbside chipping event. The County shall reimburse the City on a quarterly basis after all supporting documentation is provided to the County, to wit: COML Council Packet 2-27-24, Page 22 of 126 i.It is expressly understood that claims for reimbursement will not be submitted in excess of actual, immediate requirements necessary to carry out the purposes of this Agreement. d.The County shall reimburse eligible expenditures incurred by the City between July 1, 2023, and June 30, 2025; and e.The County shall not reimburse for disposal into the landfill; and f.The City shall compute hourly wages using “Form H” as provided by the Washington State Department of Ecology, and shall send a copy of the completed “Form H” to Grant County Public Works, and g.The City may include a maximum of thirty (30) percent of overhead for wages and benefits in each payment request; and h.The City shall submit a payment request and progress report to the County after each event that the City performs work under this agreement. Each progress report must include the estimated weight of chipped material diverted from the landfill. The payment request and progress report must be submitted to the County no later than fifteen (15) days after the end of each quarter; and i.The City shall provide supporting documentation in support of reimbursement, which includes, but may not be limited to, billings, statements, invoices, and time sheets; and j.For purposes of this Agreement “quarters” shall be defined as follows: i.First quarter from the beginning of January to the end of March; ii.Second quarter from the beginning of April to the end of June; iii.Third quarter from the beginning of July to the end of September; iv.Fourth quarter from the beginning of October to the end of December. k.The City shall, at all times, follow, adhere to, and abide by all Local Solid Waste Financial Assistance grant rules and guidelines set by the Washington State Department of Ecology. 2.TIME OF PERFORMANCE This Agreement runs from July 1, 2023, to June 30, 2025. 3.PERFORMANCE MONITORING The County reserves the right to monitor the performance of the City concerning the chipping events. Such performance monitoring may include tracking project progress, reviewing payment requests for any applicable costs, and/or overseeing compliance with grant requirements. Substandard performance as determined by the County will constitute noncompliance with this Agreement. COML Council Packet 2-27-24, Page 23 of 126 If action to correct such substandard performance is not taken by the City within a reasonable period of time after being notified by the County, agreement suspension or termination procedures will be initiated. 4.COMPLIANCE All times material herein, the City will comply with any applicable federal, state, and local laws, regulation, and policies, governing the funds provided under this Agreement. 5.INDEPENDENT CONTRACTOR Nothing contained in this Agreement is intended to, or shall be construed in any manner as, creating or establishing the relationship of employer/employee between the parties. 6.HOLD HARMLESS The City shall hold harmless, defend, and indemnify the County from any and all claims, actions, suites, charges and judgments whatsoever that arise out of the City’s performance or nonperformance of the services or subject matter called for in this Agreement. 7.AMENDMENTS The City or the County may, upon the agreement of both parties, amend this Agreement at any time provided that such amendments make specific reference to this Agreement, are executed in writing, and signed by a duly authorized representative of each organization. Such amendments shall not invalidate this Agreement or relieve or release the City or the County from its obligations under this Agreement. 8.TERMINATION This Agreement may be terminated by the County upon giving the City thirty (30) days advance notice in writing of its intention to do so. Provided: this Agreement may be terminated by the County upon twenty-four (24) hours written notice to the City if the funds provided under this Agreement are used for an improper purpose. 9.ADMINISTRATIVE REQUIREMENTS The City agrees to comply with all administrative, accounting principles and procedures as may be required by the Washington State Department of Ecology; maintain all records as may be required by the County and/or the Washington State Department of Ecology; and, COML Council Packet 2-27-24, Page 24 of 126 agrees to utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. All such records and all other records pertinent to this Agreement and work undertaken under this Agreement shall be retained by the City for a period of six (6) years after any final audit of the County by the Washington State Department of Ecology, unless a longer period is required to resolve any audit findings or litigation. In such cases, the County shall request a longer period of record retention. All CITY records with respect to any matters covered by this Agreement shall be made available to the County, and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 10. NOTICES All notices pursuant to this Agreement shall be in writing and shall be transmitted by facsimile or United State Postal Service, postage prepaid. Any such notice is effective upon receipt by the party to whom the notice is directed. Proof of delivery via facsimile shall be sufficient upon showing a receipt of successful transmission produced by the sending facsimile machine and indicating the telephone number to which the transmission was sent, provided that the receipt indicates the transmission was sent to the phone number of the intended recipient. Notices shall be sent to the following addresses unless written notice of a change of address has been given pursuant hereto: To CITY: Doug Coutts, Parks, Recreation & Cultural Services Director Moses Lake Parks & Recreation PO Box 1579 Moses Lake, WA 98837 509-764-3810 To COUNTY: Sam Castro, Director Grant County Public Works 124 Enterprise St. SE Ephrata, WA 98823 509-754-6082 11. SEVERABILITY If any term, provision, covenant, or condition of this Agreement should be held by a court of competent jurisdiction to be invalid, void, or COML Council Packet 2-27-24, Page 25 of 126 unenforceable, the remainder of this Agreement shall continue in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 12.ADMINISTRATION OF AGREEMENT No new or separate legal or administrative entity is created to administer the provisions of this Agreement. This Agreement shall be administered by the City and by Grant County. Issues and/or disputes related to implementation of this Agreement shall be referred to each respective governing authority for resolution. Provided: either party shall be entitled to seek legal remedies including, but not limited to, such remedies as set forth in Chapter 39.34 RCW. 13.ASSIGNMENT Neither party to this Agreement shall be permitted to assign its rights or obligations herein without the advance and express written consent of the other party. 14.APPLICABLE LAW – VENUE This Agreement shall be governed by and interpreted according to the laws of the State of Washington. In the event of any suit or action or other legal proceeding to enforce this Agreement, venue shall be a court of competent jurisdiction in Grant County, Washington. 15.AUTHORITY Each of the undersigned hereby represents and warrants to the other party that they have the authority to execute and carry out the terms of this Agreement. 16.NO WAIVER No failure of the County or the City to insist on the strictest performance of any term of this agreement shall constitute a waiver of any such term or abandonment of this Agreement. 17.ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the City and the County for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the City and the County with respect to this Agreement. // COML Council Packet 2-27-24, Page 26 of 126 IN WITNESS WHEREOF, the City and Grant County have executed this agreement as of the date and year last written below. DATED this ______ of _____________, 2024. BOARD OF COUNTY COMMISSIONERS __________________________________ Cindy Carter, Chair __________________________________ Danny E Stone, Vice Chair __________________________________ Rob Jones, Member Attest: ________________________________ Barbara J. Vasquez, Clerk of the Board GRANT COUNTY PUBLIC WORKS ________________________________ Samuel Castro, Director Date: __________________________ Approved As To Form: ________________________________ Rebekah M Kaylor, WSBA #53257 Civil Deputy Prosecuting Attorney Date: __________________________ City of Moses Lake ________________________________ Kevin Fuhr, City Manager Date: __________________________ ________________________________ Katherine Kennison, City Attorney Date:___________________________ COML Council Packet 2-27-24, Page 27 of 126 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: Kevin Fuhr, City Manager 14598 Brian Baltzell, Director Public Works 2/27/2024 Consent Agenda Award Seal Coat Project - 2024 (GC2023-189) City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 1,049,149.49$1,513,000.00$0.00$ Staff recommends that the City Council motion to award the "Seal Coat Project - 2024" to the apparent low bidder for the bid contract price of $1,049,149.49. GC2023-189 Seal Coat Project-2024 Bid Summary.pdf 633.72KB This project includes completing approximately 45,000 SY with a 1/2” - No. 4 seal coat and 185,000 SY with a 3/8" - No. 10 seal coat followed by a fog seal on streets within the City of Moses Lake. Other work includes asphalt patching, applying temporary raised pavement markings, sweeping, utility adjustments, flushing streets, brooming, pavement markings, and traffic control. This project will require budgeted funds to be spent in the amount of $1,049,149.49. Some additional funding will be spent to cover other costs including engineering and inspector labor. This project is a portion of the $1,513,000 approved budget for the Pavement Preservation Program GC2023-160. Options and Results City staff will execute the contract with the apparent low bidder. Staff will bring back options for recommended changes. COML Council Packet 2-27-24, Page 28 of 126 No Action Taken: City staff will wait for further instructions. COML Council Packet 2-27-24, Page 29 of 126 COML Council Packet 2-27-24, Page 30 of 126 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Kevin Fuhr, City Manager 14596 Brian Baltzell, Director Public Works 2/27/2024 Consent Agenda Accept Seal Coat Project 2022 City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 869,170.11$1,000,000.00$0.00$ Staff recommends City Council to formally accept the "Seal Coat Project - 2022" completed by Tommer Construction Company, Inc. Pay Estimate 1 (Final) for Seal Coat Project - 2022.pdf 1.44MB This project included completing approximately 200,000 SY with a 3/8" - No. 10 seal coat followed by a fog seal on streets within the City of Moses Lake. Project work included applying temporary raised pavement markings, sweeping, utility adjustments, asphalt skin patching, flushing streets, brooming, pavement markings, and traffic control. After Council acceptance of the project, the City will enter into the 60-day lien period as required by Washington State Law. The City will release the 5% retainage after the 60-day lien period is complete. Options and Results Staff will send a notification of acceptance to the contractor and the 60-day lien period will begin. Staff will bring back options for recommended changes. The project will not be accepted at this time. COML Council Packet 2-27-24, Page 31 of 126 COML Council Packet 2-27-24, Page 32 of 126 COML Council Packet 2-27-24, Page 33 of 126 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Kevin Fuhr, City Manager 14671 Brian Baltzell, Director Public Works 2/27/2024 Consent Agenda 2024 Aspect Consultant Agreement - Water Rights Technical Assistance City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 25,000.00$750,000.00$0.00$ Council motion to authorize execution of the 2024 On-Call Water Rights Technical Assistance contract with Aspect Consultant. 2024-02-21, 2024 Aspect On Call Water Rights Contract.pdf 4.99MB The City has been utilizing Aspect Consulting assistance with water rights acquisition since 2018. Aspect manages the process for the city in regard to taking the water rights through the change application process. Best practice for contract management (budget, task review, future change orders) is to execute an annual contract. The 2024 contract reflects Aspect staff cost to complete the work outlined in the contract order including, but not limited to: monthly coordination meetings, initial screening-level water right due diligence, regional water management communication, grant acquisition assistance, and consultation regarding well rehabilitation. The 2024 annual budget for water rights acquisition (fund 471) has capacity for this contract. No additional funds will be needed at this time. Options and Results Motion to authorize the 2024 On-Call Water Right Technical Assistance contract with Aspect Consulting. COML Council Packet 2-27-24, Page 34 of 126 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. The work will not move forward. COML Council Packet 2-27-24, Page 35 of 126 COML Council Packet 2-27-24, Page 36 of 126 COML Council Packet 2-27-24, Page 37 of 126 COML Council Packet 2-27-24, Page 38 of 126 COML Council Packet 2-27-24, Page 39 of 126 COML Council Packet 2-27-24, Page 40 of 126 COML Council Packet 2-27-24, Page 41 of 126 COML Council Packet 2-27-24, Page 42 of 126 COML Council Packet 2-27-24, Page 43 of 126 COML Council Packet 2-27-24, Page 44 of 126 COML Council Packet 2-27-24, Page 45 of 126 COML Council Packet 2-27-24, Page 46 of 126 COML Council Packet 2-27-24, Page 47 of 126 COML Council Packet 2-27-24, Page 48 of 126 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Kevin Fuhr, City Manager 14615 Brian Baltzell, Director Public Works 2/27/2024 Consent Agenda ADA Ramp Street and Utility Standards Update City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Staff recommends that City Council motion to adopt a resolution to revise curb and gutter (A-4) and curb ramp (A-7a, A-7b) design standards to ensure compliance with federal ADA requirements. Detail A-4.pdf 116.83KB Detail A-7a.pdf 257.16KB Detail A-7b.pdf 218.88KB DRAFT Design Details Resolution.docx 23.88KB On August 8, 2023, the Architectural and Transporation Barriers Compliance Board published its final rule providing minimum guidelines for accessibility of pedestrian facilities in the public-right-of-way (36 CFR Part 1190). This final rule was effective September 7, 2023. While the current Community Street and Utility Standards (Standards) that were adopted in January 2023 meet many of the updated guidelines, changes to our ramp design are required to remain in compliance with the Code of Federal Regulations. Our Standards currently allow for diagonally oriented parallel ramps, while the final rule requires one curb ramp or blended transition be provided for each crosswalk at an intersection. The Community Street and Utility Standards are scheduled for a full review and revision in 2024 with recommended adoption in late 2024 or early 2025. The proposed revisions, if adopted, will be added to the existing design standard details and included in the upcoming 2024 full revision of the Standards. By adopting the proposed revisions to the ramp and curb standards, we can ensure that new developments and current reconstruction projects meet the new federal minimums now, reducing the need for city funds to reconstruct these same ramps to meet the updated ADA requirements in the future. COML Council Packet 2-27-24, Page 49 of 126 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Options and Results Staff will update the existing Community Street and Utility Standards, removing the existing design detail A-4 and A-7 and replacing with the February 2024 updated details (A-4, A-7a, and A-7b), and will publish the revised standards for use by the development community and implement the new standards. Staff will bring back options for recommended changes. Standards will not be revised at this time and newly built ADA ramps will be out of compliance with 36 CFR Part 1190. COML Council Packet 2-27-24, Page 50 of 126 NOTES: 1. ALL CURB SHALL BE TRUE TO LINE AND GRADE. 2. FULL-DEPTH EXPANSION JOINTS SHALL BE PLACED AT ONE-HUNDRED-FOOT INTERVALS AND AT POINTS OF TANGENCY. MASTIC SHALL BE 38-INCH THICK MATERIAL. 3. CONTROL JOINTS SHALL BE PLACED AT 10-FOOT INTERVALS AND AT BOTH SIDES OF THE GRATE AT CATCH BASINS. 4. EXTRUDED (SLIP-FORM) CURB AND GUTTER SHALL CONFORM TO WSDOT STANDARD SPECIFICATIONS, SECT. 8-04.3(1)A. 5. THE CITY STANDARD IS TYPE 'A' CURB. 6. ONE INCH OF MAINTENANCE ROCK OR CRUSHED SURFACING TOP COURSE IS REQUIRED UNDER ALL CONCRETE. 7. THE TOP, FACE, AND GUTTER SHALL BE BROOM FINISHED PARALLEL TO THE ROADWAY. 8. ONE FULL SECTION OF CURB SHALL BE REPLACED FOR CURB REPAIRS. ADDITIONAL CURB ADJACENT MAY BE SAW CUT, PROVIDED 6 FT OF EXISTING CURB REMAINS. 9. CURB AND SIDEWALK CAN BE PLACED MONOLITHICALLY. 10. THE TOP AND FACE OF CURB FOR RESIDENTIAL STREETS SHALL BE PAINTED FEDERAL YELLOW FROM 10 TO 30 FEET, AS MEASURED FROM THE FACE OF THE CURB, EXTENDED, ON THE INTERSECTING PRIMARY & SECONDARY STREET. 11. DOWELS SHALL BE #4 REBAR INSERTED AT LEAST 4 INCHES INTO EACH END OF CURB. 12. STAMPING OF MUNICIPAL AND PUBLIC UTILITIES ON THE FACE OF CURB MAY BE AUTHORIZED BY THE ENGINEER. 13. ALL CONSTRUCTION AND MATERIALS SHALL MEET THE SPECIFICATIONS AND REQUIRE AUTHORIZATION BY THE CITY OF LAKE DATE REVISION BY 1/24 AMENDED MLL RPM NONE 12/12 MORO DRAWN CHECK DATE SCALE WASHINGTONGRANT COUNTY MUNICIPAL SERVICES DEPT. - ENGINEERING DIVISION 1 IN. RADIUS 18 IN. 5 12 IN.12 IN.12 IN. RADIUS 12 IN. RADIUS TYPE 'A' CURB AND GUTTER CROSS SECTION DOWEL LOCATION FOR CURB REPLACEMENT PROJECTS DEPRESSED CURB CROSS SECTION TYPICAL SECTION ROLLED CURB & GUTTER (FOR REPLACEMENT ONLY) 12 IN. RADIUS 6 IN. 9 IN. 10 IN.8 IN. 3 IN. 3 IN.5 12 IN. 6 IN. RADIUS 5 IN. RADIUS TWO #4 REBAR 12 IN. RADIUS 6 IN. VARIES FROM 6 IN. TO 0 IN. CEMENT CONCRETE SIDEWALK, CURB RAMP, OR LANDING 12 IN. RADIUS 3/8 IN. MASTIC 6 IN.12 IN. RADIUS CONCRETE PEDESTRIAN CURB AT CURB RAMPS, LANDING6 IN.1 IN. 6 12 IN. FACE OF CURB MATCH ROADWAY SLOPE ROADWAY 6 IN.TWO #4 REBAR CENTERED 3 IN. 1 IN. RADIUS 18 IN. VARIES VARIES FROM12 IN. TO 6 IN.12 IN. RADIUS 12 IN. RADIUS 6 12 IN. FACE OF CURB MATCH ROADWAY SLOPE ROADWAY 6 IN.VARIES FROM 6 IN. TO 0 IN. ~ MAINTAIN 1H : 6V SLOPE ON SIDE OF CURB 1 1 FLUSH WITH GUTTER PAN AT CURB RAMP ENTRANCE ~ 12 IN. VERTICAL LIP AT DRIVEWAY ENTRANCE 3 IN. 2.0 % COML Council Packet 2-27-24, Page 51 of 126 GENERAL NOTES: 1. SEE DETAIL A-4 FOR CONSTRUCTION OF DEPRESSED CURB AND CONCRETE PEDESTRIAN CURB. 2. SEE SIDEWALK DETAIL A-5 FOR CONSTRUCTION OF CONCRETE SIDEWALK. 3. SIDEWALK RAMP SHALL BE 4 INCHES THICK. 4. SIDEWALK RAMP SHALL BE BROOM FINISHED PERPENDICULAR TO BACK OF CURB. 5. SIDEWALK RAMP SLOPES SHALL BE 8.0 PERCENT OR LESS, EXCEPT THAT RAMP SHALL NOT BE REQUIRED TO EXTEND MORE THAN 15 FEET. 6. THERE SHALL BE NO MORE THAN 13.3% COUNTER SLOPE DIFFERENTIAL BETWEEN RAMP AND ROADWAY. 7. EACH PLANTER AREA SHALL HAVE A 2-INCH SCHEDULE 40 PVC PIPE WITH CAPS ON BOTH ENDS SHALL BE INSTALLED 12-INCHES DEEP WITH 6-INCHES OF SAND BEDDING AROUND THE CONDUIT. 8. ALL CURB RAMPS SHALL MEET CURRENT ADA REQUIREMENTS. 9. LANDING (AT TOP OF PERPENDICULAR CURB RAMP AND AT BOTTOM OF PARALLEL CURB RAMP) TO BE 5 FEET x 5 FEET. 10.RUNNING AND CROSS SLOPES SHALL DRAIN AT 1% MINIMUM TO GUTTER WITH A 2.0% MAXIMUM PATH CROSS SLOPE. 11.ALL CONSTRUCTION AND MATERIALS SHALL MEET THE SPECIFICATIONS AND REQUIRE AUTHORIZATION BY THE CITY OF MOSES LAKE.RPM NONE 01/13 MORO DRAWN CHECK DATE SCALE WASHINGTONGRANT COUNTY MUNICIPAL SERVICES DEPT. - ENGINEERING DIVISION CONCRETE PEDESTRIAN CURB MAY BE REQUIRED WHERE SHOWN ON PLANS OR AS DIRECTED BY THE ENGINEER. * ON RESIDENTIAL STREETS THAT INTERSECT WITH ARTERIALS, PAINT TOP AND FACE OF CURB FROM TOP OF RAMP TAPER TO A POINT 30 FEET FROM THE FACE OF THE CURB OF THE INTERSECTING ARTERIAL. COLOR SHALL BE YELLOW AND APPLIED IN ACCORDANCE WITH PAVEMENT MARKING STANDARDS FOR CEMENT CONCRETE PAVEMENT. ** ** FLARE SECTIONS SHALL BE CONSTRUTED AT 10% OR LESS. *** 1% TO 2.0% DETECTABLE WARNING AREA (TYP.) (SEE DETAIL) *5 FEETLENGTHVARIESLENGTH VARIES DATE REVISION BY 1/24 AMENDED RAL PLANTER AREA 1% T O 2 . 0% ALTERNATE RAMP DETAIL LANDING8.0% ORLESSLENGTHVARIESPLANTER AREA DETECTABLE WARNING AREA (TYP.) (SEE DETAIL) 5 FEET NTS SIDEWALK RAMP DETAIL (REQUIRES CITY ENGINEER APPROVAL) PLANTER AREA DETECTABLE WARNING AREA CONSTRUCTION DETAIL ELEVATION DEPRESSED CONCRETE CURB PAVEMENT DETECTABLE WARNING SURFACE CONCRETE LANDING/RAMP CSTC COMPACT TO 95% MODIFIED PROCTOR 1 INCH OF MAINTENANCE ROCK LANDING 1% TO 2.0% RAMP 8.0% OR LESS LANDING1% TO2.0%RAMP8.0%ORLESSCONCRETE PEDESTRIAN CURB SHALL BE REQUIRED UNLESS OTHERWISE NOTED SEE NOTE 10FLARE* **LENGTHVARIES8.0% OR LESSFL A R E ** * * * COML Council Packet 2-27-24, Page 52 of 126 DATE REVISION BY RPM NONE 01/13 MORO DRAWN CHECK DATE SCALE WASHINGTONGRANT COUNTY MUNICIPAL SERVICES DEPT. - ENGINEERING DIVISION 1/24 AMENDED RAL GENERAL NOTES: DETECTABLE WARNING AREA CONSTRUCTION DETAIL ELEVATION DEPRESSED CONCRETE CURB PAVEMENT DETECTABLE WARNING SURFACE CONCRETE LANDING/RAMP CSTC COMPACT TO 95% MODIFIED PROCTOR 1 INCH OF MAINTENANCE ROCK 1. SEE DETAIL A-4 FOR CONSTRUCTION OF DEPRESSED CURB AND CONCRETE PEDESTRIAN CURB. 2. SEE SIDEWALK DETAIL A-5 FOR CONSTRUCTION OF CONCRETE SIDEWALK. 3. SIDEWALK RAMP SHALL BE 4 INCHES THICK. 4. SIDEWALK RAMP SHALL BE BROOM FINISHED PERPENDICULAR TO BACK OF CURB. 5. SIDEWALK RAMP SLOPES SHALL BE 8.0 PERCENT OR LESS, EXCEPT THAT RAMP SHALL NOT BE REQUIRED TO EXTEND MORE THAN 15 FEET. 6. THERE SHALL BE NO MORE THAN 13.3% COUNTER SLOPE DIFFERENTIAL BETWEEN RAMP AND ROADWAY. 7. ALL CURB RAMPS SHALL MEET CURRENT ADA REQUIREMENTS. 8. LANDING (AT TOP OF PERPENDICULAR CURB RAMP AND AT BOTTOM OF PARALLEL CURB RAMP) TO BE 5 FEET x 5 FEET. 9. RUNNING AND CROSS SLOPES SHALL DRAIN AT 1% MINIMUM TO GUTTER WITH A 2.0% MAXIMUM PATH CROSS SLOPE. 10.ALL CONSTRUCTION AND MATERIALS SHALL MEET THE SPECIFICATIONS AND REQUIRE AUTHORIZATION BY THE CITY OF MOSES LAKE. 11.IF FIELD CONDITIONS WARRANT, CITY ENGINEER MAY APPROVE VARIATIONS THAT MEET CURRENT ADA REQUIREMENTS. LANDING 1% TO 2.0% RAMP 8.0% OR LESS LENGTHVARIESLENGTHVARIES5 FEETLANDING1% TO2.0%RAMP8.0%ORLESSFL A R E FLA R E ****LENGTH VARIES LENGTH VARIES5 FEET FLARE**FLARE**SIDEWALK WIDTH VARIES SIDEWALKWIDTHVARIES5 FEET5 FEET 1% TO 2.0%TRANSITION 1% TO 2.0%10 FEETTRANSITION1% TO 2.0%* ** ON RESIDENTIAL STREETS THAT INTERSECT WITH ARTERIALS, PAINT TOP AND FACE OF CURB FROM TOP OF RAMP TAPER TO A POINT 30 FEET FROM THE FACE OF THE CURB OF THE INTERSECTING ARTERIAL. COLOR SHALL BE YELLOW AND APPLIED IN ACCORDANCE WITH PAVEMENT MARKING STANDARDS FOR CEMENT CONCRETE PAVEMENT. * FLARE SECTIONS SHALL BE CONSTRUTED AT 10% OR LESS.** DETECTABLE WARNING AREA (TYP.) (SEE DETAIL) DETECTABLE WARNING AREA (TYP.) (SEE DETAIL) 4 FEET MIN.4 FEETMIN.COML Council Packet 2-27-24, Page 53 of 126 RESOLUTION 3971 A RESOLUTION AMENDING THE 2022 COMMUNITY STREET AND UTILITY STANDARDS Recitals: 1. In accordance with Section 12.08.010 of the Moses Lake Municipal Code, the City adopted the “2022 Community Street and Utility Standards” with Resolution 3926 on January 10, 2023. 2. On August 8th, 2023, the Architectural and Transportation Barriers Compliance Board published its final rule providing minimum guidelines for accessibility of pedestrian facilities in the public-right-of-way (36 CFR Part 1190). 3. The Public Works Department has reviewed the current City of Moses Lake Community Street and Utility Standards Details for compliance with 36 CFR Part 1190 and has prepared updates to the 2022 A-4 and A-7 detailed designs to address areas of non-compliance. Resolved: 1. The revised Community Street and Utility Standard Details titled A-4 Typical Portland Cement Concrete Curb & Gutter, A-7a Curb Ramp (Planter), and A-7b Curb Ramp (No Planter) will be adopted and replace the existing detailed A-4 and A-7 drawings in the “2022 Community Street and Utility Standards”. ADOPTED by the City Council on February 27, 2024. ________________________________________ Dustin Swartz, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk COML Council Packet 2-27-24, Page 54 of 126 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Kevin Fuhr, City Manager 14582 Brett Bastian, Fire Chief Fire 2/27/2024 Consent Agenda Hospice Patient Transportation Agreement City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Staff recommend City Council move to approve the contract to provide ambulance transportation services for Hospice patients in the Moses Lake area. Hospice_Ambulance_Contract_CRF# 40102 - LEGAL - CRF - Contract Drafts - 2_12_2024 (2).pdf 136.75KB Washington Home Care and Hospice of Central Basin, doing business as Assured Hospice, has requested to enter into a patient transportation agreement with the City of Moses Lake to provide ambulance transport services to individuals who are receiving hospice care. The contract is necessary in order for Assured Hospice to pay ambulance bills for transport services and to remain in compliance with Medicare rules regarding same and allow the City to bill for services rendered by the ambulance service operated by the Moses Lake Fire Department for patients under hospice care. The contract is to provide transport services for hospice patients for scheduled doctor's appointments, scheduled dialysis treatments, tests / procedures as related to the terminal illness, and other scheduled appointments. The contract period is for one year and shall renew automatically on each anniversary date thereof unless terminated by either party with thirty (30) days prior written notice, and either party may terminate at any time without cause upon 30-day notice. This contract allows the City of Moses Lake to bill Hospice, rather than the patient, for services, and is an agreement for Hospice to pay one hundred percent (100%) of the Medicare reimbursement received for those services. This contract allows the City to bill Assured Hospice for transport services rendered. Without the contract in place we cannot bill for these services under current Medicare guidance. COML Council Packet 2-27-24, Page 55 of 126 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Options and Results The contract will go into effect and allow our ambulance billing company to process claims and maintain compliance with Medicare guidance. Staff will bring back options for recommended changes. We would not be able to receive Medicare payments for Medicare covered patients. COML Council Packet 2-27-24, Page 56 of 126 Page 1 of 9 CRF # 40102 - MT HOSPICE PATIENT TRANSPORTATION AGREEMENT THIS HOSPICE PATIENT TRANSPORTATION AGREEMENT (“Agreement”) is effective the 12th day of February 2024 (“Effective Date”), by and between Washington HomeCare and Hospice of Central Basin, LLC d/b/a Assured Hospice (“Hospice”) and City of Moses Lake (“Contractor”). Hospice and Contractor shall each hereinafter be referred to as a “Party”, and collectively, the “Parties”. RECITALS WHEREAS, Hospice operates a Medicare and/or Medicaid licensed hospice program to provide for the physical, psychosocial, spiritual, and emotional needs of terminally ill patients; and WHEREAS, to promote efficient operations and quality care, the Parties desires to enter into this agreement to set forth terms and conditions for transporting patients and in order to ensure that patients are transported in a medically appropriate manner; and WHEREAS, Hospice desires to engage Contractor, and Contractor desires to be engaged, to provide Transportation Services (as the term is defined below) to Hospice patients in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants of this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is understood and agreed by and between the Parties as follows: ARTICLE I RESPONSIBILITIES OF HOSPICE 1.1 Hospice Responsibility. Hospice shall retain responsibility as the care provider to all Hospice Patients and family units, pursuant to the Medicare Conditions of Participation for Hospice Care and state and local laws and regulations. This includes admission and/or discharge of patients, patient and family assessments, reassessments, establishment of a Plan of Care for each patient (as defined by as defined by 42 C.F.R. § 418.56), authorization of all services, and management of the care through interdisciplinary team meetings. 1.2 Policies and Procedures. Hospice shall provide Contractor with copies of Hospice's policies and procedures applicable to the provision of Transportation Services and shall meet with Contractor to review such policies and procedures, as necessary. ARTICLE II RESPONSIBILITIES OF CONTRACTOR 2.1 Standards. Transportation Services must be delivered in a safe and effective manner only by individuals who meet appropriate qualifications, and who practice under Hospice's policies and procedures. Transportation Services shall meet or exceed the current standards for providers of such Transportation Services and shall be in compliance with all applicable laws, rules, regulations, professional standards, and licensure requirements, including those relating to patient health and safety. 2.2 Licensure and Qualification of Personnel. Contractor represents and warrants that it has and will maintain in good standing during the term of this Agreement all federal, state, and local licenses, COML Council Packet 2-27-24, Page 57 of 126 Page 2 of 9 CRF # 40102 - MT registrations, permits and certifications required by law to provide Transportation Services. Contractor represents and warrants that any personnel providing Transportation Services: (a) are duly licensed, credentialed, certified, and/or registered as required under applicable state laws; (b) possess the education, skills, training, and other qualifications necessary to provide Transportation Services; (c) based on criminal background checks conducted by Contractor, are eligible to provide Transportation Services and have not been found to have engaged in improper or illegal conduct relating to the elderly, children, or vulnerable individuals, and that such personnel maintain these qualifications throughout the term of this Agreement. Upon Hospice's request, Contractor shall provide Hospice with proof of Contractor’s or any Contractor personnel’s qualifications to provide Transportation Services. (a) Provision of Transportation Services. Contractor shall provide Transportation Services to Hospice patients only with the authorization of designated personnel of Hospice. Hospice agrees to make non-emergency transportation services appointments with Contractor at a minimum of twenty-four (24) hours in advance. Contractor’s drivers agree to call Hospice the night before an appointment to verify that the appointment has not changed and to verify the time of pick-up. Upon request of authorized Hospice personnel and pursuant to a Physician’s order, Hospice patients shall receive Transportation Services from Contractor for the following: (a) scheduled doctor’s appointments; (b) scheduled dialysis treatments; (c) tests/procedures as related to the terminal illness; (d) any other scheduled appointments; (e) return trips to Hospice Patient’s home from any appointments as noted above; and (f) for emergency services. 2.3 Coordination of Care. Contractor shall participate in any meetings, when requested by Hospice, for the coordination, supervision, and evaluation by Hospice of the provision of Transportation Services. Such participation need not be in person and may be conducted via electronic or telephonic means. Hospice and Contractor shall communicate with one another regularly and as needed for each particular Hospice patient. 2.4 Policies and Procedures. In providing Transportation Services, Contractor shall abide by patient care protocols, the pertinent provisions of the Hospice Patients' Plans of Care pertaining to Transportation Services, and applicable Hospice policies and procedures. Contractor shall incorporate into its orientation of any staff member that has contact with Hospice patients, copies of Hospice’s policies and procedures applicable to the Transportation Services. 2.5 Cooperation with Complaints. In the event of any complaint filed by or with respect to a Hospice Patient receiving Transportation Services, or any investigation initiated by any governmental agency, or any litigation commenced against Hospice that alleges liability on the part of Contractor, Contractor shall fully cooperate with Hospice in an effort to respond to and resolve the same in a timely and effective manner. Contractor shall also cooperate fully with any insurance company providing protection to Hospice in connection with the same. In this connection, Contractor shall notify Hospice promptly of any inquiries, claims and investigations, and cooperate fully with the directions of Hospice with respect thereto. ARTICLE III PAYMENT PROVISIONS Contractor shall bill Hospice only for the services rendered under this Agreement which are actually rendered. Contractor agrees to provide the Transportation Services described in this Agreement in exchange for payment of fees in an amount equal to One Hundred Percent (100%) of Medicare reimbursement received. Contractor will invoice Hospice each month for the Transportation Services provided during the preceding month. Such invoices shall include: (a) the name and identification number COML Council Packet 2-27-24, Page 58 of 126 Page 3 of 9 CRF # 40102 - MT of the patient; (b) the date of service; and (c) where appropriate, the related charge for each service, and sufficient supporting documentation for the cost to be included in Hospice's allowable cost. Except for deduction of indemnified claims, Hospice will pay Contractor within thirty (30) days of Hospice’s receipt of invoice. Hospice shall bear no financial responsibility, obligation, or other liability to reimburse Contractor for any charges, costs, expenses, or other fees for Transportation Services provided to Hospice Patients that are provided without the prior authorization of Hospice. ARTICLE IV COMPLIANCE 4.1 No Duty To Refer Patients. The Parties, and their parent companies, subsidiaries, and affiliates do not intend by this Agreement to induce directly or indirectly illegal referrals of any individual to any other person or entity for the furnishing or arranging for the furnishing of any health care services or the provision of any drug or health care device, including but not limited to services, drugs, or devices for which payment may be made in whole or in part under any Federal Health Care Program as defined in 42 U.S.C. 1320a-7b(f). 4.2 Compliance With Laws. The Parties will ensure that they will execute their individual obligations pursuant to this Agreement in accordance with all applicable Federal, state, county and city laws, ordinances, codes, regulations, and rules, and in accordance with their respective policies and procedures as applicable. ARTICLE V INSURANCE 5.1 Vehicle Insurance. During the term of the Agreement, Contractor shall, at its own cost and expense, maintain in force liability insurance coverage in amounts that meet or exceed the minimums set forth below on each vehicle and driver used to perform services under this Agreement, including owned, hired and non-owned vehicles used in the Contractor’s business: (a) coverage for bodily injury or death of one person in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00); (b) coverage for bodily injuries or death of all persons injured or killed in any one accident in the amount of Five Hundred Thousand Dollars ($500,000); and (c) coverage for loss or damage to property in the amount of One Hundred Thousand Dollars ($100,000.00). 5.2 Liability Insurance and Worker’s Compensation During the term of the Agreement, Contractor shall, at its own cost and expense, maintain in force insurance coverage, whether through an insurance provider or through a self-insured pool, that meets or exceeds the minimum amounts specified below: (a) General Liability Insurance of no less than One Million Dollars ($1,000,000.00) per claim and Three Million Dollars ($3,000,000.00) annual aggregate. If coverage is written on a claims-made basis, Contractor shall agree to purchase extended reporting period coverage for an unlimited period at the conclusion of this Agreement, expiration of the policy or termination of coverage; (b) Professional Liability Insurance of no less than One Million Dollars ($1,000,000.00) primary coverage and Three Million Dollars ($3,000,000.00) annual aggregate. However, if the Transportation Services are provided in a state that allows or requires participation in a Patient Compensation Fund (PCF) and Contractor qualifies for the PCF, then Contractor shall provide the minimum limits required by the PCF and abide by all rules and regulators required by the PCF; COML Council Packet 2-27-24, Page 59 of 126 Page 4 of 9 CRF # 40102 - MT (c) Workers’ Compensation insurance coverage in the minimum statutory amount required pursuant to applicable law; and (d) Employers’ Liability coverage of no less than Five Hundred Thousand Dollars ($500,000.00) for bodily injury per employee. 5.3 Additional Requirements. Contractor shall attach a Waiver of Subrogation in favor of Hospice to all insurance policies referenced herein. The insurance requirements stipulated herein shall be provided by an insurance company that is licensed in the state for which services are provided. Additionally, each carrier shall maintain a minimum rating of “A-, VIII” by A.M. Best. If the insurer’s rating falls below this minimum rating requirement, Hospice shall have the right to replace coverage with a carrier that does meet the minimum requirements at the Contractor’s expense. 5.4 Termination of Coverage. Contractor agrees that it will immediately notify Hospice if such insurance is canceled or expires. Contractor hereby warrants and covenants that all Contractor's employees will have in force, general and professional liability, automobile and workers’ compensation insurance coverage, in the minimum amounts specified above, and shall maintain such insurance throughout the terms of this Agreement. 5.5 Independent Contractors. The Parties agree that Contractor shall be fully responsible for ensuring that these minimum insurance coverage requirements are met by any self-employed and/or independent contractors utilized by Contractor to provide the Transportation Services. Hospice shall not exercise any control or direction over the exercise of professional judgment used by Contractor in providing services under this Agreement, except as otherwise noted herein. ARTICLE VI INDEMNIFICATION Contractor agrees to indemnify and hold harmless Hospice, its parent, subsidiaries, affiliates, successors and assigns, from and against any and all claims, actions, causes of action, liabilities, costs, damages, expenses, court costs and attorney fees resulting from or attributable to any and all acts or omissions of Contractor in carrying out the Transportation Services under this Agreement. Such indemnification will survive the termination of this Agreement. Hospice agrees to indemnify and hold harmless Contractor its parent, subsidiaries, affiliates, successors and assigns, from and against any and all claims, actions, causes of action, liabilities, costs, damages, expenses, court costs and attorney fees resulting from or attributable to any and all acts or omissions of Hospice in carrying out the Services under this Agreement. Such indemnification will survive the termination of this Agreement. ARTICLE VII RECORDS 7.1 Creation and Maintenance of Records. Contractor shall prepare and maintain complete and detailed records concerning each Hospice Patient receiving Transportation Services under this Agreement in accordance with prudent recordkeeping procedures and as required by applicable federal and state laws and regulations and Medicare and Medicaid program guidelines. Each record shall completely, promptly, and accurately document all Transportation Services provided to, and events concerning, each Hospice Patient. Each record shall document that the specified services are furnished in accordance with this Agreement and shall be readily accessible and systemically organized to facilitate COML Council Packet 2-27-24, Page 60 of 126 Page 5 of 9 CRF # 40102 - MT retrieval by either Party. Contractor shall cause each entry made for Transportation Services provided to be signed and dated by the person providing such Transportation Services. Contractor shall permit Hospice or its authorized representative, upon reasonable notice, to review and make photocopies of records maintained by Contractor relating to the provision of Transportation Services. This section shall survive the termination of this Agreement. 7.2 Inspection by Government. In accordance with 42 U.S.C. § 1395x(v)(1)(I) and 42 C.F.R. § 420.300, et seq., Contractor shall make available, until the expiration of four years from the termination of this Agreement, upon written request, to the Secretary of Health and Human Services of the United States, and upon request, to the Comptroller General of the United States, or any of their duly authorized representatives, this Agreement and any of its books, documents, and records that are necessary to certify the nature and costs of Medicare-reimbursable services provided under this Agreement. If and to the extent Contractor carries out any of its duties under this Agreement through a subcontract with a related organization having a value or cost of Ten Thousand Dollars ($10,000.00) or more over a twelve (12) month period, then Contractor shall ensure that the subcontract contains a clause comparable to the clause in the preceding sentence. Nothing contained in this section shall be construed as a waiver by either Party of any legal rights of confidentiality with respect to patient records and proprietary information. ARTICLE VIII CONFIDENTIALITY 8.1 Confidentiality. The Parties recognize that under HIPAA, the Agency is acting as the Facility’s Business Associate (as that term is defined under the HIPAA Privacy Standards, codified at 45 C.F.R. §§ 160 and 164 et seq.). Consequently and concurrently herewith, the Facility and Agency agree to being health care providers under the privacy regulations would have access limited access based on the need to know and will safeguard and protect patient information at all times. Both Parties agree to immediate notification if any inappropriate access or disclosure of patient information is determined for proper notification. 8.2 Disclosure. Each Party may also be required to disclose to the other Party certain business or financial information (collectively, with the Patient Information, the “Confidential Information”). Each Party agrees that it shall treat Confidential Information with the same degree of care it affords its own similarly confidential information and shall not, except as specifically authorized in writing by the other Party or as otherwise required by law, reproduce any Confidential Information or disclose or provide any Confidential Information to any person. Excluded from the definition of Confidential Information is information that (a) is now or becomes publicly available, (b) was known to a Party without any direct or indirect obligation of confidentiality prior to such information’s disclosure; (c) is or becomes available to the non-disclosing Party on a non-confidential basis from a source other than the other Party, provided that such other source is not bound by a confidentiality agreement with respect thereto; or (d) was independently developed by the non-disclosing Party without reference to, or use of, such information. A Party that discloses Confidential Information shall be entitled to seek injunctive relief to prevent a breach or threatened breach of this section, in addition to all other remedies that may be available. This section shall survive termination of this Agreement. ARTICLE IX TERM AND TERMINATION 9.1 Term. The initial term of this Agreement shall be for one (1) year beginning with the Effective Date shown herein above, and shall renew automatically on each anniversary date thereof, unless terminated by either Party with thirty (30) days prior written notice. The Parties shall review this COML Council Packet 2-27-24, Page 61 of 126 Page 6 of 9 CRF # 40102 - MT Agreement no less than annually, and any changes to the Agreement must be agreed upon in writing. Each Party shall execute any and all documents necessary to reflect such annual review. 9.2 Termination with Notice. This Agreement may be terminated: (a) at any time without cause upon thirty (30) days’ prior written notice; (b) immediately upon breach by the other Party of any material obligation in the Agreement, which breach has not been cured to the satisfaction of the other Party within ten (10) days after written notice of such breach; or (c) in the event (i) Medicare, Medicaid, or any federal, state or local legislative or regulatory authority adopts any law, rule, regulation, policy, procedure or interpretation thereof which establishes a material change in the method or amount of reimbursement or payment for services under this Agreement, or (ii) any or all of such payors/authorities impose requirements which require a material change in the manner of either Party’s operations under this Agreement and/or the costs related thereto, then, upon the request of either Party materially affected by any such change in circumstances, the Parties shall enter into good faith negotiations for the purpose of establishing such amendments or modifications as may be appropriate in order to accommodate the new requirements and change of circumstances while preserving the original intent of this Agreement to the greatest extent possible. If, after thirty (30) days of such negotiations, the Parties are unable to reach an agreement as to how or whether this Agreement shall continue, then either Party may terminate this Agreement in accordance with subsection (a) of this Section. 9.3 Automatic Termination. This Agreement shall terminate immediately upon the occurrence of any one of the following events, without the requirement of further action on the part of either Party: (a) if one of the Parties commences or has commenced against it proceedings to liquidate, wind-up, reorganize or seek protection, relief, or a compromise of its debts under any law relating to insolvency, reorganization or relief of debtors or seeking the appointment of a receiver or trustee or bankruptcy; (b) if this Agreement is determined, by any governmental agency with jurisdiction of the subject matter of this agreement, to violate any provision of state or Federal law regulating the provision of services reimbursable by the Medicare program; (c) upon Hospice’s receipt of notice, from any source whatsoever, that Contractor’s or any of its employees’ license to provide the Transportation Services has been the subject of any disciplinary action, including reprimand, probation, suspension, or revocation; or (d) upon Hospice’s receipt of notice, from any source whatsoever, that Contractor or any of its employees has been convicted of a felony, or have been charged with a crime related to fraud or abuse of the Medicare or Medicaid programs, or have been excluded or barred from participation in the Medicare or Medicaid programs. 9.4 Effect of Termination. Upon termination of this Agreement, neither Party shall have any further obligation hereunder, except for obligations accruing prior to the date of termination (including obligations with respect to any patients who are already involved in the transport process on the date the of termination) and covenants herein which extend beyond the term of this Agreement, including any indemnities and payment provisions. In the event that this Agreement is terminated, the Parties agree that they will each use their best efforts to arrange for the appropriate transfer of responsibilities in order that the provision of home health care and Transportation Services to Hospice’s patients is not interrupted or limited in any way. ARTICLE X MISCELLANEOUS PROVISIONS 10.1 Amendment. No amendment, modification, or discharge of this Agreement, and no waiver hereunder, shall be valid or binding unless set forth in writing and duly executed by the Parties hereto. COML Council Packet 2-27-24, Page 62 of 126 Page 7 of 9 CRF # 40102 - MT 10.2 Severability. This Agreement is severable, and in the event that any one or more of the provisions hereof shall be deemed invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 10.3 Headings. The descriptive headings in this Agreement are for convenience only and shall not affect the construction of this Agreement. 10.4 Governing Law. This Agreement, the rights and obligations of the Parties hereto, and any claims or disputes relating thereto, shall be governed by and construed in accordance with the laws of the State of Washington. 10.5 Assignment. Contractor shall not assign or transfer, in whole or in part, this Agreement or any of Contractor's rights, duties or obligations under this Agreement without the prior written consent of Hospice, and any assignment or transfer by Contractor without such consent shall be null and void. 10.6 Waiver. The waiver by either Party of a breach or violation of any provision in this Agreement shall not operate or be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any such provisions, rights, or privileges hereunder. 10.7 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns. 10.8 No Third-Party Beneficiaries. Except as expressly provided elsewhere herein, nothing in this Agreement is intended to be construed or be deemed to create any rights or remedies in any third party. 10.9 Force Majeure. In the event that either Party's business or operations are substantially interrupted by acts of war, fire, labor strike, insurrection, riots, earthquakes, or other acts of nature of any cause that is not that Party's fault or is beyond that Party's reasonable control, then that Party shall be relieved of its obligations only as to those affected operations and only as to those affected portions of this Agreement for the duration of such interruption. 10.10 Nonexclusive Agreement. This Agreement is intended to be nonexclusive, and either Party may use any provider for the same or similar services. 10.11 Counterparts. This Agreement may be executed in any number of counterparts, all of which together shall constitute one and the same instrument. 10.12 Notices. All notices or other communications which may be or are required to be given, served, or sent by any Party to the other Party pursuant to this Agreement shall be in writing, addressed as set forth below, and shall be mailed by first-class, registered, or certified mail, return receipt requested, postage prepaid, or transmitted by hand delivery or facsimile. Such notice or other communication shall be deemed sufficiently given or received for all purposes at such time as it is delivered to the addressee (with the return receipt, the delivery receipt, the affidavit or messenger or the answer back being deemed conclusive evidence of such delivery) or at such time as delivery is refused by the addressee upon presentation. Each Party may designate by notice in writing a new address to which any notice or communication may thereafter be so given, served, or sent. COML Council Packet 2-27-24, Page 63 of 126 Page 8 of 9 CRF # 40102 - MT To Hospice: Assured Hospice – Moses Lake c/o LHC Group, Inc. 901 Hugh Wallis Road S Lafayette, Louisiana 70508 Attn: Legal Department – Contracts Fax: (833) 741-3195 Email: ContractParalegals@lhcgroup.com To Contractor: City of Moses Lake P.O. Box 1579 Moses Lake, Washington 98837 Attn: Kevin Fuhr, City Manager Phone: (509) 764-3848 10.13 Independent Contractors. Neither Party nor its respective personnel, employees, agents, servants, consultants, independent contractors or licensees will be deemed to be an employee of the other Party. Each Party will have direct responsibility for payment of wages and other compensation, reimbursement of expenses, and compliance with federal, state and local withholding requirements pertaining to taxes, workers’ compensation, disability, Social Security, unemployment compensation, and other insurance requirements and obligations imposed on an employer, for its respective personnel. Neither Party will have responsibility for any incidents of employment of the other’s employees. This Agreement does not render either Party the agent or legal representative of the other Party for any purpose whatsoever. Neither Party is granted any express or implied right of authority by the other Party to assume or create an obligation or responsibility on behalf of or in the name of the other Party or to bind the other Party in any manner whatsoever. 10.14 Non-Discrimination. To the extent applicable, the Parties to this Agreement shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, national origin, and for inquiring about, discussing or disclosing compensation. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status. 10.15 Use of Name and Trademarks. Neither Hospice nor Contractor shall have the right to use the name, symbols, trademarks, or service marks of the other Party in advertising or promotional materials or otherwise without receiving the prior written approval of such other Party. 10.16 Entire Agreement. This instrument contains the entire agreement of the Parties hereto and supersedes all prior oral or written agreements or understandings between them with respect to the matters provided for herein. This Agreement may not be modified or amended except by mutual consent of the Parties, and any such modification or amendment must be in writing duly executed by the Parties hereto, and shall be attached to, and become a part of, this Agreement. COML Council Packet 2-27-24, Page 64 of 126 Page 9 of 9 CRF # 40102 - MT IN WITNESS WHEREOF, The Parties have executed this Agreement as of the day, month and year first written above. HOSPICE: WASHINGTON HOMECARE AND HOSPICE OF CENTRAL BASIN, LLC D/B/A ASSURED HOSPICE By: LHC Group, Inc., its Manager By: ______________________________________ Joshua Proffitt, President CONTRACTOR: CITY OF MOSES LAKE By: ___________________________________________ Kevin Fuhr, City Manager COML Council Packet 2-27-24, Page 65 of 126 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Kevin Fuhr, City Manager 14593 Kirsten Peterson, Director Community Development 2/27/2024 Consent Agenda Build on Unplatted Thompson Resolution City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Approve a resolution allowing Kenneth R. Thompson and Bonnie L. Thompson to build on an unplatted parcel, Assessor’s Parcel Number 11-0475-071. The property is located along the Moses Lake Shoreline bordered by Cove West and Cove West 2 Major plats (east of Westshore Dr.). The request is to construct one single residential dwelling and necessary supporting infrastructure on the 0.60-acre parcel, which is zoned R1-Single Family Residential. Draft Resolution.docx 16.16KB KR Thompson 2024-02-12 143729.jpg 190.49KB COML Council Packet 2-27-24, Page 66 of 126 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: The Community Development Department has received a request from Kenneth R. Thompson to allow for construction of a residence on unplatted property. A building permit cannot be issued on unplatted[1] property in accordance with Moses Lake Municipal Code (MLMC) 16.02.040 unless the City Council finds that the public interest will not be adversely affected by the issuance of such a permit. All other land use and building permit requirements will still apply. The development of Cove West and Cove West 2 Major Plats land locked the Thompson’s property blocking direct access to a public right of way. As outlined above, to gain approval for a building permit, the property must be platted (which means that all City standards are met to serve the lot – including: access, sewer and water). The applicant has indicated to City staff that they do not intend to subdivide the property at a future date. Without direct connection to public right of way, this hinders Mr. Thompson’s ability to plat (subdivide) the property to meet the requirement that all lots must abut and have access to a street, road, or highway (MLMC 17.21.030 D.) There is currently an easement granted from the neighboring property to the Thompson’s parcel for access/egress. It will be necessary to obtain an easement(s) for utilities across a neighboring property before a building permit is issued. Regardless of listing herein, approval does not waive fees, infrastructure, or other requires except for the action specifically identified. Therefore, staff recommends that development fees such as park and open space (Municipal Code 17.27.060 B), and the fee in lieu of water right (MLMC 17.03.060.C), be collected at the time of a building permit is requested for this property. [1] Unplatted property is property that has not been subdivided in compliance with RCW 58.17. None Options and Results The applicant will be allowed to build on unplatted property. Staff will bring back options for recommended changes. Building permit will not be issued. COML Council Packet 2-27-24, Page 67 of 126 RESOLUTION NO. 3972 A RESOLUTION ALLOWING KR THOMPSON TO BUILD ON UPLATTED PROPERTY Recitals: 1. Moses Lake Municipal Code 16.02.040 allows for the issuance of a building permit to a proponent who wishes to build on unplatted property after a resolution has been duly passed by the City Council. 2. Moses Lake City Council finds that that the public interest will not be adversely affected by the issuance of a building permit provided that water, sewer, street, sidewalk and curb improvements meeting City standards will be provided before occupancy. 3. Kenneth R. Thompson has requested City Council allow a building permit to be issued on unplatted property he owns and described as follows: TX# 9414 IN S1/2NW 29 19 28 TX# 9414 THAT PORTION OF THE NORTH HALF OF SECTION 29, TOWNSHIP 19 NORTH, RANGE 28 EWM, GRANT COUNTY, WASHINGTON, DESCRIBED AS: BEGINNING AT THE MONUMENT MARKING THE NORTHWESTERLY CORNER OF THE PLAT OF GOLDEN ACRES; THENCE SOUTH 24°47' EAST ALONG THE CENTERLINE OF WEST SHORE DRIVE, A DISTANCE OF 850.2 FEET TO THE MONUMENT MARKING THE MOST SOUTHERLY CORNER OF SAID PLAT; THENCE SOUTH 32°57' EAST, A DISTANCE OF 49.82 FEET; THENCE SOUTH 37°21'44" EAST, A DISTANCE OF 192.75; THENCE SOUTH 41°34'45' EAST, A DISTANCE OF 937.4 FEET; THENCE NORTH 37°56' EAST, A DISTANCE OF 560.56 FEET; THENCE SOUTH 59°34' EAST, A DISTANCE OF 150 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 37°56' EAST A DISTANCE OF 270 FEET, MORE OR LESS, TO THE SHORELINE OF MOSES LAKE, SAID POINT BEING HEREBY DESIGNATED POINT 'A'; BEGINNING AGAIN AT THE TRUE POINT OF BEGINNING; THENCE SOUTH 59°34' EAST, A DISTANCE OF 23.44 FEET; THENCE SOUTH 31°54' EAST, A DISTANCE OF 76.56 FEET; THENCE NORTH 37°56' EAST A DISTANCE OF 310 FEET, MORE OR LESS, TO THE SHORELINE OF MOSES LAKE; THENCE NORTHWESTERLY ALONG SAID SHORELINE A DISTANCE OF 100 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. Resolved: 1. The Moses Lake City Council grants the privilege to build on unplatted land Kenneth R. Thompson and Bonnie L. Thompson allowing the construction of one single residential dwelling on unplatted property, Assessor’s Parcel Number 11-0475-071, provided that all permits and construction plans are submitted and approved by the appropriate city departments. The proponent will obtain a building permit within six months of adoption of this resolution. 2. The applicant shall obtain an easement(s) for utilities from a neighboring property. 3. Development fees such as park and open space (Municipal Code 17.27.060 B), the fee in lieu of water right (MLMC 17.03.060.C), shall be collected before a building permit is issued on the property. COML Council Packet 2-27-24, Page 68 of 126 4. Regardless of listing herein, approval does not waive fees, infrastructure, or other requires except for the action specifically identified. ADOPTED by the City Council on February 27, 2024. _____________________________________ Dustin Swartz, Mayor ATTEST: ___________________________________ Debbie Burke, City Clerk COML Council Packet 2-27-24, Page 69 of 126 COML Council Packet 2-27-24, Page 70 of 126 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Kevin Fuhr, City Manager 14633 Madeline Prentice, Director Finance 2/27/2024 Consent Agenda Ordinance amending Chapter 13.12 and Resolution amending 2024 Fee Schedule City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Motion 1 - Staff recommends Council consider adoption of the ordinance amending water regulations as presented. Motion 2 - Staff recommends Council consider adoption of the amendments to water rates as presented. Ordinance Amending Chp 13.12, Effective 4.1.2024.docx 24.68KB Resolution Amending 2024 Fee Schedule.docx 20.06KB Water Study Session Water Rate Models.JPG 89.79KB COML Council Packet 2-27-24, Page 71 of 126 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: At the February 6, 2024 Water Study Session, Council reviewed various rate models proposed by staff to help encourage water conservation. Each model included a Tier 4 water rate for residential and irrigation customers and an Excess Use Charge (EUC) that would be assessed when more than 10,000 cubic feet of water is used in a single billing period. Council directed staff to move forward with drafting an ordinance and fee code resolution using the consumption allowance and rates proposed in Model 2, but requested that the rate for Tier 4 be lowered to $3.75/100 CF. Council expressed to staff that the overarching goal is not to gain additional water revenue, but to encourage customers to conserve water and reduce the amount of potable water being used for irrigating purposes. During the study session, staff also proposed reserving after-hour dispatch for water related emergencies only and eliminating after-hour services for delinquent accounts. When a delinquent account has been shut off for non-payment and a customer brings the account current after business hours, the water will be scheduled for reconnection on the next business day, during normal operating hours. On occasion, after-hour services are requested to turn water on over weekends or holidays when there is a change in ownership. The proposed Fee Resolution and Code revisions ensure the City is not gifting services and is recouping the expense to provide the service outside normal operating hours. Revenues collected from the Excess Use Charge (EUC) will be earmarked for specific uses related to water conservation and consumer education. Quarterly reports will be available for Council to review EUC revenues collected throughout the year and provide direction on how to spend the funds. There is a cost associated with dispatching staff to turn the water meter on after hours. The proposed Fee Resolution and Code revisions ensure the City is not gifting services and is recouping the expense to provide the service outside normal operating hours. Options and Results Implement these changes upon the effective date of the ordinance and resolution. Staff will bring back options for recommended changes. Continue processing in the current manner. COML Council Packet 2-27-24, Page 72 of 126 ORDINANCE NO. 3043 AN ORDINANCE AMENDING CHAPTER 13.12 OF THE MOSES LAKE MUNICIPAL CODE TITLED “WATER, SEWER, AND STORMWATER RATES” Recitals: 1. The City promotes water conservation through education and utilizes anincentivized tiered rate structure for Residential and Irrigation customers to helpreduce the amount of water used for irrigating purposes; and 2.Excessive use of potable water used for irrigation continues to strain the City’s water system during peak watering season; and 3.The City’s Water Division is responsible for repair and maintenance of City waterinfrastructure, including after-hour services for water related emergencies.Providing after-hour services to restore water that was shut-off for non-payment is no longer considered an emergency. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Section 13.12.053 MLMC titled “Water Service Termination Procedures” is amended as follows: 13.12.053 Water Service Termination Procedures: A.The provisions of this section shall govern all terminations of water service for non-payment of City charge and/or installments and surcharges. B.If by the payment date shown on a water, sewer, garbage, ambulance, and stormwater bill, the City has not received complete payment of the amount shown on the bill the City shall mail to, or personally serve upon, the customer a notice of termination. The notice of termination shall be sent with the current month’s bill. The notice shall indicate the amount past due. C.The notice of termination shall contain the following: 1.The amount past due and the amount of the current month’s billing. 2.The date of the notice of termination. COML Council Packet 2-27-24, Page 73 of 126 3.The date of termination, which shall be no less than ten (10) days from the date of the notice of termination. 4.Notice that unless the City receives complete payment of the amount past due prior to the date of termination, water service shall be terminated. 5.Notice that in lieu of paying the entire amount shown, a customer, prior to the date of termination, may notify the City that he disputes the correctness of all or part of the amount shown, if all or part of the amount shown was not the subject of a previous dispute. 6.Notice that a disconnect for non-payment fee will be assessed in accordance with the adopted fee schedule if payment of the past due balance is received by the Finance Department, Utilities Division, after the date and time shown on the notice of termination, provided no formal dispute has been filed with the Finance Department as set forth in this section. 7.An informational telephone number. 8.Notice that an after-hour service charge will be assessed in accordance with the adopted fee schedule as a service charge for all water turn-ons or turn-offs after 4:00 p.m. and before 8:00 a.m. and at any other time which is not a normal working day of the City, such as weekends or legal holidays.Notice that all water turn-ons after 4:00 p.m. and before 8:00 a.m. and at any other time which is not a normal working day of the City, such as weekends or legal holidays, will not be provided if water was terminated for non- payment. D.If the City receives payment of the past due amount prior to the date and time shown on the notice of termination, such payment shall be considered a timely and complete payment for purposes of this section. Section 2. Section 13.12.085 MLMC titled “Service Charge” is amended as follows: 13.12.085 Service Charge: A.The service charge for all water turn-ons or turn-offs after 4 p.m. and before 8 a.m. and at any other time which is not a normal working day for the City shall be assessed in accordance COML Council Packet 2-27-24, Page 74 of 126 with the adopted fee schedule. Water that has been disconnected for non-payment will not be considered a water-related emergency and will not qualify for after-hour turn-on. B.A late payment charge will be assessed in accordance with the adopted fee schedule on each water, sewer, garbage, ambulance, or stormwater account or any combination of water, sewer, garbage, ambulance, or stormwater service which is billed on one (1) account if not paid and received by the Finance Department, Utilities Division, by the due date shown on the billing statement provided no disputes have been filed with the Finance Department as set forth in Section 13.12.053. C. A disconnect for non-payment fee will be assessed in accordance with the adopted fee schedule if payment of the past due balance is received by the Finance Department, Utilities Division, after the date and time shown on the notice of termination. If water service is terminated for non-payment of the account, the service charge shall include turning the water back on from 8 a.m. to 4 p.m. on normal City working days provided the occupant does not change. This charge is in addition to the fee imposed by Subsection D. D.A service fee shall be assessed in accordance with the adopted fee schedule and added to each new water, sewer, garbage, ambulance, or stormwater account or any combination of water, sewer, garbage, ambulance, or stormwater service which is billed on one (1) account. A service fee shall be assessed in accordance with the adopted fee schedule and added for each change of service to another occupant. This fee shall include one (1) water turn-on if applicable from 8 a.m. to 4 p.m. on normal City working days. E. A service charge for temporary water service will be charged when a property owner or their designated agent submits a written request on forms provided by the City to have water turned on for inspection or repairs when the billing account is inactive. Temporary service will only be provided if there is no outstanding utility account balance related to the parcel. Temporary water service will be provided for one business day between the hours of 10 am and 4 pm. Requests for temporary service must be made one business day in advance of the effective date. F. A return trip fee will be assessed in accordance with the adopted fee schedule at any time a customer fails to leave the faucets off, or changes mind about connection or reconnection and requires an additional trip(s), or when a customer requests a re-read of the water meter outside of the City’s routine reading schedule. COML Council Packet 2-27-24, Page 75 of 126 G.Prior to disconnection of service, the Utilities Department will deliver by telephone a notice of termination reminder using the customer’s contact phone number on file with the Utilities Department. If the phone number on file is not current, out of service, or the call is unsuccessful, a door notification will be delivered. A door notification fee will be assessed in accordance with the adopted fee schedule. H.Where a customer requests the water meter be tested for accuracy by the City’s water department, a fee will be assessed in accordance with the adopted fee schedule. The fee will be fully refunded to the customer if the test determines the water meter accuracy does not meet the standards defined by the American Water Works Association (AWWA). I.Tampering with City’s water or sewer systems as described in Section 13.307.100 will result in the customer’s account being assessed penalties for meter tampering in accordance with the adopted fee schedule. The recipient of utility services that have been obtained without full payment either through tampering, alteration, bypass, or falsification of records shall also be responsible and billed for the costs incurred by the city as a result of investigation, damages, repair, and bookkeeping. J.An excess use charge will be assessed in accordance with the adopted fee schedule when more than 10,000 cubic feet of water is used in a single billing period by any residential or irrigation user. It will be at the discretion of the Finance Director or their designee to determine if a reversal of an excess use charge is warranted when a leak occurs. Only leaks that meet the minimum qualifications of the adopted Water and Sewer Leak Adjustment Policy will be considered for reversal of the excess use fee. JK. All fees and supplemental billing shall be placed on the next forthcoming utility bill and shall be collected under the normal collection procedures as set forth in Chapter 13.12 MLMC. Section 3. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any particular person or circumstances, no other section of the ordinance shall be deemed to be invalid, but rather, should be deemed to have been enacted independently and without regard to the section affected. Section 4. 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 February 27, 2024. COML Council Packet 2-27-24, Page 76 of 126 ________________________________________ Dustin Swartz, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Lombardi Skaug Vote: Date Published: March 4, 2024 Date Effective: March 9, 2024 COML Council Packet 2-27-24, Page 77 of 126 RESOLUTION 3973 A RESOLUTION OF THE CITY OF MOSES LAKE WASHINGTON, AMENDING THE CITY OF MOSES LAKE 2024 FEE SCHEDULE Recitals: 1. In connection with the municipal functions and operations of the City of Moses Lake, the City requires certain fees; and 2. It is appropriate to review such fees and adjust appropriately to address costs; and 3. In keeping with the philosophy of setting City fees in amounts reflective of actual costs, it is appropriate at this time to revise certain fees to compensate the City for costs associated with various City functions and facilities. 4. Council approved annual increases with the adoption of Resolution 3966 on November 14, 2023. 5. Council directed staff during a special meeting on February 6, 2024 to create an additional Tier 4 water rate and to implement an excess use fee for residential and irrigation users to help encourage water conservation efforts. Resolved: 1. The following items will be amended on the 2024 Fee Schedule effective April 1, 2024: Utility Consumption Charge (per 100 cf) Single Family Tier 2 (1,001-35,000 cubic feet) $1.40 Utility Consumption Charge (per 100 cf) Single Family Tier 3 (over 35,0001-10,000 cubic feet) $2.78 Utility Consumption Charge (per 100 cf) Irrigation Tier 2 (1,001-35,000 cubic feet) $1.40 Utility Consumption Charge (per 100 cf) Irrigation Tier 3 (over 35,0001-10,000 cubic feet) $2.78 Utility Administrative After-Hour Service Charge $1400.00 2. The following items will be added on the 2024 Fee Schedule: COML Council Packet 2-27-24, Page 78 of 126 Utility Consumption Charge (per 100 cubic feet) Single Family Tier 4 (over 10,000 cubic feet) $3.75 Utility Consumption Charge (per 100 cubic feet) Irrigation Tier 4 (over 10,000 cubic feet) $3.75 Utility Administrative Excessive Use Charge (water use over 10,000 cubic feet) $250.00 ADOPTED by the City Council on February 27, 2024. ________________________________________ Dustin Swartz, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk COML Council Packet 2-27-24, Page 79 of 126 COML Council Packet 2-27-24, Page 80 of 126 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Kevin Fuhr, City Manager 14628 Kirsten Peterson, Director Community Development 2/27/2024 New Business Prattville Duplexes Multi-Family Tax Exemption Request City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Staff recommends the City Council authorize the City Manager to sign a contract with Haley and Daniel Pratt, owners of the Prattville Duplexes, for the 8-year Multi-Family Housing Tax Exemption and authorize the Community Development Director to issue a Conditional Certificate of Acceptance of Tax Exemption, as presented. MFTE Conditional App-Pratt.pdf 1.22MB 504siteplanbuilding1.pdf 1.11MB 504siteplanbuilding2.pdf 1.11MB MFTE Target Area Map.pdf 2.76MB Pratville MFTE Contract.docx 18.22KB Prattville Conditional Certificate of Tax Exemption.docx 13.08KB COML Council Packet 2-27-24, Page 81 of 126 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: Haley and Daniel Pratt, owners of Prattville Duplexes, have submitted a proposal to permit a Multi- Family Housing Tax Exempt development in accordance with MLMC 18.23, Multi-Family Tax Exemption. The property is located at 504 S. Alder Street. Currently there are two other multi-family projects within the corporate limits that have utilized this development tool as an in-fill incentive. Staff have been through the pre-application process with the developer, and this is the next request as part of their permitting. The approval requirements for this type of project fall under MLMC 18.23. See the following: 1. Approval: If an application is approved, the applicant shall enter into a contract with the city, subject to approval by the City Council, regarding the terms and conditions of the project. Upon City Council approval of the contract, the Community Development Director shall issue a Conditional Certificate of Acceptance of Tax Exemption. The Conditional Certificate expires three (3) years from the date of approval unless an extension is granted as provided in this chapter. Background Through the Growth Management Act planning process, the State of Washington found that many cities lacked desirable, convenient, attractive, affordable, and livable places in urban centers benefiting and promoting the public health, safety and welfare to stimulate new or enhanced residential opportunities. One outcome of the State’s housing assessment was the adoption of RCW 84.14, which provides in-fill incentive to cities planning under the Growth Management Act. Cities may assess their housing needs and encourage the development of new multi-family housing in urban centers through the use of special valuations and tax incentives. MLMC 18.23 requires the applicant to apply and meet certain criteria to be eligible for the Multi-Family Housing Tax exemption. Once it has been reviewed and approved by the Community Development Director, the City Council may approve a contract with the applicant approving the terms and conditions of the project. If the contract is approved by City Council, the Conditional Certificate of Tax Exemption will then be issued by the Community Development Director. The project is allotted three (3) years from the date of application approval to complete the conditions. Upon compleon of the improvements as agreed upon in the contract, and issuance of a Cerficate of Occupancy, the applicant may then apply to the Community Development Department for a Final Cerficate of Tax Exempon. If the project is found to be completed in accordance with the project contract, then the final cerficate will be issued by the department and provided and submied to Grant County Assessor for assessment and taxaon. The special valuaon is effecve for a period of eight (8) years, and per the RCW it only applies to the apartment buildings and not the underlying property, open space, or community facilies (such as pool, offices, parking lots, etc.) The application has been received and accepted by the Community Development Director. The applicant is now requesting a contract and will have three years to complete the project. This may push out the exemption as far as 2035. The estimated fiscal impact is minimal for the City of Moses Lake. This was considered when the ordinance for multi-family tax exemption was passed. Currently the City is only receiving taxes on the land that’s assessed value is $60,000. According to the applicant, the project’s estimated value is $500,000. However, the benefits for both the developer and city are of much more value as this unit of duplexes will provide more opportunity for housing in our centralized downtown target area. Options and Results Project moves forward under MLMC 18.23 and property taxes are abated for eight years. Staff will bring back options for recommended changes. COML Council Packet 2-27-24, Page 82 of 126 No Action Taken: The project applicant will not be eligible for the multifamily property tax exemption. COML Council Packet 2-27-24, Page 83 of 126 COML Council Packet 2-27-24, Page 84 of 126 COML Council Packet 2-27-24, Page 85 of 126 COML Council Packet 2-27-24, Page 86 of 126 COML Council Packet 2-27-24, Page 87 of 126 DRIVEWAY 1A = 1065 Sq Ft CS01CS01 DRIVEWAY 1A = 1065 Sq Ft CS01CS01 SIDEWALK, ENTRY 1A = 323 Sq Ft CS05CS05 SIDEWALK, ENTRY 1A = 323 Sq Ft CS05CS05 1ST FLOOR, UNIT AA = 964 Sq Ft 1ST FLOOR, UNIT BA = 964 Sq Ft SIDEWALK, ENTRY 1A = 152 Sq Ft CS03CS03 SIDEWALK, ENTRY 1A = 152 Sq Ft CS03CS03 DRIVEWAY 1A = 1065 Sq Ft CS02CS02 DRIVEWAY 1A = 1065 Sq Ft CS02CS02 SIDEWALK, ENTRY 1A = 152 Sq Ft CS04CS04 SIDEWALK, ENTRY 1A = 152 Sq Ft CS04CS04 SIDEWALK, PUBLIC 1A = 995 Sq FtSIDEWALK, PUBLIC 1A = 995 Sq Ft 200 PLOT PLAN LINES 1ST BLDGA = 8395 Sq Ft EP EP BUILDABLE AREAA = 4270 Sq Ft Meter Base Elec. PanelElec. PanelMeter Base I LightPole W SC/O C/O W Meter Base EP Elec. PanelEP Elec. PanelMeter Base 20.00'43.00'5.07'44.83'36.00' 20.10'8.00'20.00'36.00' 12.50'30.00'30.00' 31.60' 21.00' 6.00' 120.10' 120.10'69.90'70.00'Alder Street 5th StreetDriveway New Duplex Future Duplex Curb 5' Sidewalk CurbExisting5' SidewalkNew SWNEPole Driveway PROPERTY AREA = 8,400 Sq Ft Remove ExistingDriveway ApproachBuilding ABuilding B Property Corner 0 20 40 1"=20'(ft) P W I S PL Water Meter Power IrrigationSewer Property Line Property Corner PLOT PLAN LEGEND EXTERIOR CONCRETE - QUANTITY BASED ONPERFECT GRADING # Qty Slab Conc.Depth Volume (cu. yds.) CS01 1 Driveway 1 4" 13.15 Cu.Yds. CS02 1 Driveway 2 4" 13.15 Cu.Yds. CS03 1 Sidewalk 1 4"1.88 Cu.Yds. CS04 1 Sidewalk 2 4"1.88 Cu.Yds. CS05 1 Sidewalk 3 4"3.99 Cu.Yds. Lot # Address - 123 E 5th St Subdivision - Scale - 1" = 20' Plan # -964-130NG09G00M2PX J23-082 7/12/2023 City - Moses Lake, WA Parcel #09-0855-000Prepared For - COML Council Packet 2-27-24, Page 88 of 126 SIDEWALK, ENTRY 2A = 323 Sq FtSIDEWALK, ENTRY 2A = 323 Sq Ft SIDEWALK, ENTRY 2A = 152 Sq FtSIDEWALK, ENTRY 2A = 152 Sq Ft DRIVEWAY 2A = 1065 Sq FtDRIVEWAY 2A = 1065 Sq Ft DRIVEWAY 2A = 1065 Sq FtDRIVEWAY 2A = 1065 Sq Ft SIDEWALK, ENTRY 2A = 153 Sq FtSIDEWALK, ENTRY 2A = 153 Sq Ft SIDEWALK, PUBLIC 2A = 995 Sq FtSIDEWALK, PUBLIC 2A = 995 Sq Ft EP EP BUILDABLE AREAA = 4270 Sq Ft Meter Base Elec. PanelElec. PanelMeter Base 200 PLOT PLAN LINES 2ND BLDGA = 8395 Sq Ft SWNELightPoleI W SC/O C/O W CS04 CS01CS02 CS05 CS03 Meter Base EP Elec. PanelEP Elec. PanelMeter Base 43.00'44.83'12.50'30.00'21.00'30.00'32.10'20.00'20.00'20.10'5.07'6.00'8.00'69.90'Curb 5' Sidewalk Alder Street 120.10'Curb5' Sidewalk70.00'5th Street120.10' Driveway Driveway Remove ExistingDriveway ApproachPROPERTY AREA = 8,400 Sq Ft New Duplex Existing Duplex Building ABuilding B Property Corner 0 20 40 1"=20'(ft) P W I S PL Water Meter Power IrrigationSewer Property Line Property Corner PLOT PLAN LEGEND EXTERIOR CONCRETE - QUANTITY BASED ONPERFECT GRADING # Qty Slab Conc.Depth Volume (cu. yds.) CS01 1 Driveway 1 4" 13.15 Cu.Yds. CS02 1 Driveway 2 4" 13.15 Cu.Yds. CS03 1 Sidewalk 1 4"1.88 Cu.Yds. CS04 1 Sidewalk 2 4"1.88 Cu.Yds. CS05 1 Sidewalk 3 4"3.99 Cu.Yds. Lot # Address - 123 E 5th St Subdivision - Scale - 1" = 20' Plan # -964-130NG09G00M2PX J23-082 7/12/2023 City - Moses Lake, WA Parcel #09-0855-000Prepared For - COML Council Packet 2-27-24, Page 89 of 126 EASTLAKE DRLAKESIDE DRS A G E B AYDRWHEELER RDRR CLPENN ST FI G S T ELEVENTH AVE BALSAM ST HILL AVELAURELHURSTDRDIVISION STEDGE W A T E R L N BROA D WAY A VE DUN E P L OLIVE AVE LOOP DR LARK AVE MARIN A D R STRATFORD RDSKYLINE DRPIONEER WAYCOLUMBIAAVEPI N E D R A ST C E D A R S T A S H S T B ST FIFTH AVEEIGHTH AVE GARDENDREARL RDC ST VUE STRIDGE RDK N O LL S V IS T A D R THIRD AVEASHCROFTC H E S T N U T S T D A T E S T CARNATION PL GRANT STGRAPEDR AZALEA PL SIXTH A V E M E RIDIANAVE E L D E R S T B L O C K S T D ST BROWN AVECENTRAL DRMattson DRROSE AVEASHLEY WYSEVENTH AV EDALE RDM A T T S O N A V E CASCADE AVENINTH AVE IVY AVEDUNERDSTATE AVE REISNERRD A L D E R S T H O L L Y S T G U M W O O D S T E L M S T B E E C H S T FOURTH AVE FI R S T BAKER STNORTHSHORE DRRIVIERA AVE ASHL EYWAYWALNUT AV E MANZA NITA GEM AVECLARK RDJEFFERSON STCOM MER C IA LS T DOGWOODSTCITY OF MOSES LAKE Date: 4/23/2021 VACANT Multi-Family Housing Tax Exemption Target AreaZONING R3-Multi Family Residential C2-General Commercial C1-Central Business District C1A-Transitional Commercial P-Public COML Council Packet 2-27-24, Page 90 of 126 CITY OF MOSES LAKE MULTI-FAMILY HOUSING LIMITED PROPERTY TAX EXEMPTION AGREEMENT THIS AGREEMENT is entered into this 27th day of February 2024, by and between Haley and Daniel Pratt (hereinafter referred to as the “Owners”), and the CITY OF MOSES LAKE, a municipal corporation of the State of Washington (hereinafter referred to as the “City”). WITNESSETH: WHEREAS, the City has an interest in stimulating new construction or rehabilitation of multi-family housing in Residential Target Areas in order to reduce development pressure on single-family residential neighborhoods, to increase and improve housing opportunities, and to encourage development densities supportive of transit use, and WHEREAS, the City has, pursuant to the authority granted to it by Chapter 84.14 RCW, designated various Residential Target Areas for the provision of a limited property tax exemption for new multi-family residential housing, and WHEREAS, the City has, through Chapter 18.23 Moses Lake Municipal code (MLMC), enacted a program whereby property owners may qualify for a Final Certificate of Tax Exemption which certifies to the Grant County Assessor that the owner is eligible to receive a limited property tax exemption, and WHEREAS, The Owner is interested in receiving the multiple family property tax exemption for new/rehabilitated multiple family residential housing units in a Residential Target Area; and WHEREAS, The Owner has submitted to the City a complete application form for at least four (4) units of multi-family housing within a residential structure or as part of a mixed-use development. A minimum of four (4) new units must be constructed or at least four (4) additional multi-family units must be added to existing occupied multi-family housing. Existing multi-family housing that has been vacant for twelve (12) months or more does not have to provide additional units so long as the project provides at least four (4) units of new, converted, or rehabilitated multi-family housing; and WHEREAS, the Owner has submitted to the City preliminary site plans and floor plans for multi-family residential housing to be constructed on said property legally described as: POR OF LOTS 9 & 10 BLOCK 24 BURRESS TRACT #4 That portion of Lots 9 and 10, Block 24, Burress Tract No. 4, as per plat recorded in Volume 2 of Plats, Page 115, records of Grant County, Washington, lying NORTHEASTERLY of a line described as follows: Beginning at the most Westerly corner of said Lot 10; thence North 53°41'20" East, along the Northwesterly line of said Lot 10, a distance of 70.00 feet to the TRUE POINT OF BEGINNING of said line; thence South 36°18'40" East, a distance of 120.00 feet to the Southerly line of said Lot 9 and the terminus of said line, in the City of Moses Lake, Grant County. Assessor’s Parcel Number(s) 090855000, commonly known as Lots 9 through 10, hereinafter referred to as the (“Site”), and generally referred to as Prattville Duplexes (“Project”); and COML Council Packet 2-27-24, Page 91 of 126 WHEREAS, on 27th day of February 2024, the City determined that the Owner has met all the eligibility and procedural requirements to qualify for a Conditional Certificate of Acceptance of Tax Exemption as provided in Chapter 18.23 MLMC, with the exception of entering into this Agreement; NOW, THEREFORE, the City and the Owner do mutually agree as follows: 1.The City agrees to issue the Owner a Conditional Certificate of Acceptance of Tax Exemption subject to the terms and conditions of this Agreement. 2.The Owner agrees to construct the Project on the Site as described in the most recent site plans, floor plans, and elevations on file with the City as of the date of this Agreement. 3.The project shall comply with all applicable zoning requirements, land use requirements, design review requirements and all building, fire, and housing code requirements contained in the Moses Lake Municipal Code (herein referred to as the “MLMC”) at the time a complete application for a building permit is received. 4.The project, whether new, converted, or rehabilitated multiple-unit housing, must include at least four (4) units of multifamily housing within a residential structure or as part of an urban development. 5. The Owner agrees to complete construction of the agreed upon improvements within three (3) years from the date the City issues the Conditional Certificate of Acceptance of Tax Exemption, or within any extension thereof granted by the City. 6.The Owner is requesting an __X_EIGHT or a ___ TWELVE year (check one) limited property tax exemption. (If a twelve year exemption, the Owner commits to renting or selling at least twenty percent (20%) of the multifamily housing units constructed on the site as housing units affordable for low or moderate-income households as defined by RCW 84.14.020(1)a)(ii)(B)). 7.The Owner agrees, upon completion of the improvements and upon issuance by the City of a temporary or permanent certificate of occupancy, to file with the City’s Department of Community Development the following: (a)A statement of expenditures made with respect to each multi-family housing unit and the total expenditures made with respect to the entire property; (b)A description of the completed work and a statement of qualification for the exemption; and (c) A statement that the work was completed within the required three (3) year period or any authorized extension. (d)If applicable, that the project meets the affordable housing requirements as described in RCW 84.14.020. 8.The City shall determine whether the Project complies with the requirements for a Final Certificate of Tax Exemption within thirty (30) days of receipt of all materials required under Paragraph 7. The City agrees, conditioned on the Owner’s successful completion of the improvements in accordance with the terms of this Agreement and on the Owner’s filing of the COML Council Packet 2-27-24, Page 92 of 126 materials described in Paragraph 7 above, to file an eight or twelve year, as applicable, Final Certificate of Tax Exemption with the Grant County Assessor within ten (10) days of the City’s determination that the Project complies with the requirements for a Final Certificate of Tax Exemption. Any denial of a Final Certificate of Tax Exemption shall be subject to the right of appeal set forth in MLMC 18.23.050(E). 9.The Owner agrees, within 30 days following the first anniversary of the City’s filing of the Final Certificate of Tax Exemption and each year thereafter for a period of eight or twelve years, as applicable, to file a notarized declaration with the City’s Department of Community Development indicating the following: (a)A statement of occupancy and vacancy of the multi-family units during the previous twelve (12)months; (b)A certification that the property continues to be in compliance with this Agreement; and, (c)A description of changes or improvements constructed after issuance of the certificate of tax exemption. (d)Allow the city staff to conduct an on-site verification of the declaration. 10.The parties acknowledge that the units are to be used and occupied for multifamily residential use. The parties further acknowledge that the certificate of occupancy issued by the City is for multifamily residential units. The Owner acknowledges and agrees that the units shall be used primarily for residential occupancy and any business activities shall only be incidental and ancillary to the residential occupancy. 11. If the Owner converts to another use any of the new multi-family residential housing units constructed under this Agreement, the Owner shall notify the Grant County Assessor and the City’s Department of Community Development within 60 days of such change in use. 12.The Owner agrees to notify the City promptly of any transfer of Owner’s ownership interest in the Site or in the improvements made to the Site under this Agreement. 13.For purposes of this Agreement, “Owner” shall mean the Owners’ Association of a condominium complex once such association is established which shall be responsible for all reporting requirements required herein on behalf of the owners of individual condominium units. 14.The City reserves the right to cancel the Final Certificate of Tax Exemption should the Owner, its successors and assigns, fail to comply with any of the terms and conditions of this Agreement, subject to the right of appeal set forth in MLMC 18.23.050(G). 15.Nothing in this Agreement shall permit or be interpreted to permit either party to violate any provision of Chapter 84.14 RCW or MLMC Chapter 18.23. 16. No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 17. The Owner acknowledges its awareness of the potential tax liability involved if and when the property ceases to be eligible for the incentive provided pursuant to this Agreement. Such liability COML Council Packet 2-27-24, Page 93 of 126 may include additional real property tax, penalties and interest imposed pursuant to RCW 84.14.110. The Owner further acknowledges its awareness and understanding of the process implemented by the Grant County Assessor’s Office for the appraisal and assessment of property taxes. The Owner agrees that the City is not responsible for the property value assessment imposed by Grant County at any time during the exemption period. 18.In the event that any term or clause of this Agreement conflicts with applicable law, such conflict shall not affect other terms of this Agreement which can be given effect without the conflicting term or clause, and to this end, the terms of this Agreement are declared to be severable. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF MOSES LAKE PROPERTY OWNERS: _________________________________ ________________________________ Kevin Fuhr, City Manager By:_____________________________ Its: _____________________________ Approved to Form __________________________________ Katherine Kenison, City Attorney COML Council Packet 2-27-24, Page 94 of 126 CONDITIONAL CERTIFICATE OF ACCEPTANCE OF TAX EXEMPTION This Conditional Certificate of Acceptance of Tax Exemption (the “Conditional Certificate”) is issued pursuant to the application by (HALEY AND DANIEL PRATT) under the City of Moses Lake’s Multiple Family Housing Property Tax Exemption Ordinance. The property subject to the Conditional Certificate is located on property legally described as “POR OF LOTS 9 & 10 BLOCK 24 BURRESS TRACT #4 That portion of Lots 9 and 10, Block 24, Burress Tract No. 4, as per plat recorded in Volume 2 of Plats, Page 115, records of Grant County, Washington, lying NORTHEASTERLY of a line described as follows: Beginning at the most Westerly corner of said Lot 10; thence North 53°41'20" East, along the Northwesterly line of said Lot 10, a distance of 70.00 feet to the TRUE POINT OF BEGINNING of said line; thence South 36°18'40" East, a distance of 120.00 feet to the Southerly line of said Lot 9 and the terminus of said line.”, hereinafter referred to as the “Site”. As the duly authorized administrative official of the City of Moses Lake responsible for administering the Multiple Family Housing Property Tax Exemption ordinance and for reviewing the applications, I find that 1) the Owner has complied with the requirements of RCW 84.14.050 and MLMC 18.23.050, 2) the property is in compliance with the findings indicated in RCW 84.14.040 and 3) the parties have entered into a multifamily housing property tax exemption agreement. This Conditional Certificate shall expire three (3) years from the date of approval unless an extension is granted as provided in MLMC 18.23.050. Dated this ___ day of _______________ 20__ ________________________________________________ Administrative Official- City of Moses Lake COML Council Packet 2-27-24, Page 95 of 126 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Kevin Fuhr, City Manager 14629 Kirsten Peterson, Director Community Development 2/27/2024 New Business Aspen Townhomes Multi-Family Tax Exemption Request City Manager City Attorney Community Development Finance Fire Human Resources Parks, Rec, & Cultural Services Police Public Works Technology Services 0.00$0.00$0.00$ Staff recommends the City Council consider authorizing the City Manager to sign a contract with Tyson and Hunter Mollotte, owners of Aspen Townhomes project, for the 8-year Multi-Family Housing Tax Exemption and authorize the Community Development Director to issue a Conditional Certificate of Acceptance of Tax Exemption, as presented. Aspen Townhomes conditional app.pdf 3.83MB Aspen Site plan.pdf 1.76MB MFTE Target Area Map.pdf 2.76MB Aspen Townhomes MFTE Contract.docx 18.08KB Conditional Certificate of Tax Exemption-Aspen townhomesdocx.docx 12.91KB COML Council Packet 2-27-24, Page 96 of 126 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: Tyson and Hunter Mollotte owners of Aspen Townhomes have submitted a proposal to permit a Multi- Family Housing Tax Exempt development in accordance with MLMC 18.23, Multi-Family Tax Exemption. The project is located at 211 E. 6th Ave. Currently there are two other multi-family projects within the corporate limits that have utilized this development tool as an in-fill incentive. Staff have been through the pre-application process with the developer, and this is the next request as part of their permitting. The approval requirements for this type of project fall under MLMC 18.23. See the following: 1.Approval: If an application is approved, the applicant shall enter into a contract with the city, subject to approval by the City Council, regarding the terms and conditions of the project. Upon City Council approval of the contract, the Community Development Director shall issue a Conditional Certificate of Acceptance of Tax Exemption. The Conditional Certificate expires three (3) years from the date of approval unless an extension is granted as provided in this chapter. Background Through the Growth Management Act planning process, the State of Washington found that many cities lacked desirable, convenient, attractive, affordable, and livable places in urban centers benefiting and promoting the public health, safety and welfare to stimulate new or enhanced residential opportunities. One outcome of the State’s housing assessment was the adoption of RCW 84.14, which provides in-fill incentive to cities planning under the Growth Management Act. Cities may assess their housing needs and encourage the development of new multi-family housing in urban centers through the use of special valuations and tax incentives. MLMC 18.23 requires the applicant to apply and meet certain criteria to be eligible for the Mul-Family Housing Tax exempon. Once it has been reviewed and approved by the Community Development Director, the City Council may approve a contract with the applicant approving the terms and condions of the project. If the contract is approved by City Council, the Condional Cerficate of Tax Exempon will then be issued by the Community Development Director. The project is alloed three (3) years from the date of applicaon approval to complete the condions. Upon compleon of the improvements as agreed upon in the contract, and issuance of a Cerficate of Occupancy, the applicant may then apply to the Community Development Department for a Final Cerficate of Tax Exempon. If the project is found to be completed in accordance with the project contract, then the final cerficate will be issued by the department and provided and submied to Grant County Assessor for assessment and taxaon. The special valuaon is effecve for a period of eight (8) years and per the RCW it only applies to the apartment buildings and not the underlying property, open space or community facilies (such as pool, offices, parking lots, etc.) The application has been received and accepted by the Community Development Director. The applicant is now requesting a contract and will only have three years to complete the project. This may push out the exemption as far as 2035. The estimated fiscal impact is minimal for the City of Moses Lake. This was considered when the ordinance for multi-family tax exemption was passed. Currently the City is only receiving taxes on the land that’s assessed value is $75,000. According to the applicant, the project’s estimated value is $1,300,000. However, the benefits for both the developer and city are of much more value as this unit of duplexes will provide more opportunity for housing in our centralized downtown target area. Options and Results Project moves forward under MLMC 18.23 and property taxes are abated for eight years. Staff will bring back options for recommended changes.COML Council Packet 2-27-24, Page 97 of 126 No Action Taken: The project applicant will not be eligible for the multifamily property tax exemption. COML Council Packet 2-27-24, Page 98 of 126 COML Council Packet 2-27-24, Page 99 of 126 COML Council Packet 2-27-24, Page 100 of 126 COML Council Packet 2-27-24, Page 101 of 126 COML Council Packet 2-27-24, Page 102 of 126 COML Council Packet 2-27-24, Page 103 of 126 COML Council Packet 2-27-24, Page 104 of 126 COML Council Packet 2-27-24, Page 105 of 126 COML Council Packet 2-27-24, Page 106 of 126 COML Council Packet 2-27-24, Page 107 of 126 COML Council Packet 2-27-24, Page 108 of 126 COML Council Packet 2-27-24, Page 109 of 126 COML Council Packet 2-27-24, Page 110 of 126 COML Council Packet 2-27-24, Page 111 of 126 COML Council Packet 2-27-24, Page 112 of 126 COML Council Packet 2-27-24, Page 113 of 126 COML Council Packet 2-27-24, Page 114 of 126 COML Council Packet 2-27-24, Page 115 of 126 COML Council Packet 2-27-24, Page 116 of 126 COML Council Packet 2-27-24, Page 117 of 126 COML Council Packet 2-27-24, Page 118 of 126 COML Council Packet 2-27-24, Page 119 of 126 COML Council Packet 2-27-24, Page 120 of 126 EASTLAKE DRLAKESIDE DRS A G E B AYDRWHEELER RDRR CLPENN ST FI G S T ELEVENTH AVE BALSAM ST HILL AVELAURELHURSTDRDIVISION STEDGE W A T E R L N BROA D WAY A VE DUN E P L OLIVE AVE LOOP DR LARK AVE MARIN A D R STRATFORD RDSKYLINE DRPIONEER WAYCOLUMBIAAVEPI N E D R A ST C E D A R S T A S H S T B ST FIFTH AVEEIGHTH AVE GARDENDREARL RDC ST VUE STRIDGE RDK N O LL S V IS T A D R THIRD AVEASHCROFTC H E S T N U T S T D A T E S T CARNATION PL GRANT STGRAPEDR AZALEA PL SIXTH A V E M E RIDIANAVE E L D E R S T B L O C K S T D ST BROWN AVECENTRAL DRMattson DRROSE AVEASHLEY WYSEVENTH AV EDALE RDM A T T S O N A V E CASCADE AVENINTH AVE IVY AVEDUNERDSTATE AVE REISNERRD A L D E R S T H O L L Y S T G U M W O O D S T E L M S T B E E C H S T FOURTH AVE FI R S T BAKER STNORTHSHORE DRRIVIERA AVE ASHL EYWAYWALNUT AV E MANZA NITA GEM AVECLARK RDJEFFERSON STCOM MER C IA LS T DOGWOODSTCITY OF MOSES LAKE Date: 4/23/2021 VACANT Multi-Family Housing Tax Exemption Target AreaZONING R3-Multi Family Residential C2-General Commercial C1-Central Business District C1A-Transitional Commercial P-Public COML Council Packet 2-27-24, Page 121 of 126 CITY OF MOSES LAKE MULTI-FAMILY HOUSING LIMITED PROPERTY TAX EXEMPTION AGREEMENT THIS AGREEMENT is entered into this 27th day of February 2024, by and between Tyson and Hunter Mollotte (hereinafter referred to as the “Owners”), and the CITY OF MOSES LAKE, a municipal corporation of the State of Washington (hereinafter referred to as the “City”). WITNESSETH: WHEREAS, the City has an interest in stimulating new construction or rehabilitation of multi-family housing in Residential Target Areas in order to reduce development pressure on single-family residential neighborhoods, to increase and improve housing opportunities, and to encourage development densities supportive of transit use, and WHEREAS, the City has, pursuant to the authority granted to it by Chapter 84.14 RCW, designated various Residential Target Areas for the provision of a limited property tax exemption for new multi-family residential housing, and WHEREAS, the City has, through Chapter 18.23 Moses Lake Municipal code (MLMC), enacted a program whereby property owners may qualify for a Final Certificate of Tax Exemption which certifies to the Grant County Assessor that the owner is eligible to receive a limited property tax exemption, and WHEREAS, The Owner is interested in receiving the multiple family property tax exemption for new/rehabilitated multiple family residential housing units in a Residential Target Area; and WHEREAS, The Owner has submitted to the City a complete application form for at least four (4) units of multi-family housing within a residential structure or as part of a mixed-use development. A minimum of four (4) new units must be constructed or at least four (4) additional multi-family units must be added to existing occupied multi-family housing. Existing multi-family housing that has been vacant for twelve (12) months or more does not have to provide additional units so long as the project provides at least four (4) units of new, converted, or rehabilitated multi-family housing; and WHEREAS, the Owner has submitted to the City preliminary site plans and floor plans for multi-family residential housing to be constructed on said property legally described as: Lots 1, 2, 3, And 4 Block 20 Burress Tracts, According To The Plat Thereof Recorded In Volume 2 Of Plats, Page 99, Records Of Grant County, Washington, In The City Of Moses Lake, Grant County. Assessor’s Parcel Number(s) 090806000, commonly known as Lots 1 through 4 Block 20 Burress Tracts, hereinafter referred to as the (“Site”), and generally referred to as Aspen Townhomes(“Project”); and WHEREAS, on 27th day of February 2024, the City determined that the Owner has met all the eligibility and procedural requirements to qualify for a Conditional Certificate of Acceptance of Tax Exemption as provided in Chapter 18.23 MLMC, with the exception of entering into this Agreement; NOW, THEREFORE, the City and the Owner do mutually agree as follows: COML Council Packet 2-27-24, Page 122 of 126 1.The City agrees to issue the Owner a Conditional Certificate of Acceptance of Tax Exemption subject to the terms and conditions of this Agreement. 2.The Owner agrees to construct the Project on the Site as described in the most recent site plans, floor plans, and elevations on file with the City as of the date of this Agreement. 3.The project shall comply with all applicable zoning requirements, land use requirements, design review requirements and all building, fire, and housing code requirements contained in the Moses Lake Municipal Code (herein referred to as the “MLMC”) at the time a complete application for a building permit is received. 4.The project, whether new, converted, or rehabilitated multiple-unit housing, must include at least four (4) units of multifamily housing within a residential structure or as part of an urban development. 5. The Owner agrees to complete construction of the agreed upon improvements within three (3) years from the date the City issues the Conditional Certificate of Acceptance of Tax Exemption, or within any extension thereof granted by the City. 6.The Owner is requesting an __X_EIGHT or a ___ TWELVE year (check one) limited property tax exemption. (If a twelve year exemption, the Owner commits to renting or selling at least twenty percent (20%) of the multifamily housing units constructed on the site as housing units affordable for low or moderate-income households as defined by RCW 84.14.020(1)a)(ii)(B)). 7.The Owner agrees, upon completion of the improvements and upon issuance by the City of a temporary or permanent certificate of occupancy, to file with the City’s Department of Community Development the following: (a)A statement of expenditures made with respect to each multi-family housing unit and the total expenditures made with respect to the entire property; (b)A description of the completed work and a statement of qualification for the exemption; and (c) A statement that the work was completed within the required three (3) year period or any authorized extension. (d)If applicable, that the project meets the affordable housing requirements as described in RCW 84.14.020. 8.The City shall determine whether the Project complies with the requirements for a Final Certificate of Tax Exemption within thirty (30) days of receipt of all materials required under Paragraph 7. The City agrees, conditioned on the Owner’s successful completion of the improvements in accordance with the terms of this Agreement and on the Owner’s filing of the materials described in Paragraph 7 above, to file an eight or twelve year, as applicable, Final Certificate of Tax Exemption with the Grant County Assessor within ten (10) days of the City’s determination that the Project complies with the requirements for a Final Certificate of Tax Exemption. Any denial of a Final Certificate of Tax Exemption shall be subject to the right of appeal set forth in MLMC 18.23.050(E). COML Council Packet 2-27-24, Page 123 of 126 9.The Owner agrees, within 30 days following the first anniversary of the City’s filing of the Final Certificate of Tax Exemption and each year thereafter for a period of eight or twelve years, as applicable, to file a notarized declaration with the City’s Department of Community Development indicating the following: (a)A statement of occupancy and vacancy of the multi-family units during the previous twelve (12)months; (b)A certification that the property continues to be in compliance with this Agreement; and, (c)A description of changes or improvements constructed after issuance of the certificate of tax exemption. (d)Allow the city staff to conduct an on-site verification of the declaration. 10.The parties acknowledge that the units are to be used and occupied for multifamily residential use. The parties further acknowledge that the certificate of occupancy issued by the City is for multifamily residential units. The Owner acknowledges and agrees that the units shall be used primarily for residential occupancy and any business activities shall only be incidental and ancillary to the residential occupancy. 11. If the Owner converts to another use any of the new multi-family residential housing units constructed under this Agreement, the Owner shall notify the Grant County Assessor and the City’s Department of Community Development within 60 days of such change in use. 12.The Owner agrees to notify the City promptly of any transfer of Owner’s ownership interest in the Site or in the improvements made to the Site under this Agreement. 13.For purposes of this Agreement, “Owner” shall mean the Owners’ Association of a condominium complex once such association is established which shall be responsible for all reporting requirements required herein on behalf of the owners of individual condominium units. 14.The City reserves the right to cancel the Final Certificate of Tax Exemption should the Owner, its successors and assigns, fail to comply with any of the terms and conditions of this Agreement, subject to the right of appeal set forth in MLMC 18.23.050(G). 15.Nothing in this Agreement shall permit or be interpreted to permit either party to violate any provision of Chapter 84.14 RCW or MLMC Chapter 18.23. 16. No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 17. The Owner acknowledges its awareness of the potential tax liability involved if and when the property ceases to be eligible for the incentive provided pursuant to this Agreement. Such liability may include additional real property tax, penalties and interest imposed pursuant to RCW 84.14.110. The Owner further acknowledges its awareness and understanding of the process implemented by the Grant County Assessor’s Office for the appraisal and assessment of property taxes. The Owner agrees that the City is not responsible for the property value assessment imposed by Grant County at any time during the exemption period. COML Council Packet 2-27-24, Page 124 of 126 18.In the event that any term or clause of this Agreement conflicts with applicable law, such conflict shall not affect other terms of this Agreement which can be given effect without the conflicting term or clause, and to this end, the terms of this Agreement are declared to be severable. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF MOSES LAKE PROPERTY OWNERS: _________________________________ ________________________________ Kevin Fuhr, City Manager By:_____________________________ Its: _____________________________ Approved to Form __________________________________ Katherine Kenison, City Attorney COML Council Packet 2-27-24, Page 125 of 126 CONDITIONAL CERTIFICATE OF ACCEPTANCE OF TAX EXEMPTION This Conditional Certificate of Acceptance of Tax Exemption (the “Conditional Certificate”) is issued pursuant to the application by (TYSON AND HUNTER MOLLOTTE) under the City of Moses Lake’s Multiple Family Housing Property Tax Exemption Ordinance. The property subject to the Conditional Certificate is located on property legally described as “LOTS 1, 2, 3, AND 4 BLOCK 20 BURRESS TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 99, RECORDS OF GRANT COUNTY, WASHINGTON, IN THE CITY OF MOSES LAKE, GRANT COUNTY”, hereinafter referred to as the “Site”. As the duly authorized administrative official of the City of Moses Lake responsible for administering the Multiple Family Housing Property Tax Exemption ordinance and for reviewing the applications, I find that 1) the Owner has complied with the requirements of RCW 84.14.050 and MLMC 18.23.050, 2) the property is in compliance with the findings indicated in RCW 84.14.040 and 3) the parties have entered into a multifamily housing property tax exemption agreement. This Conditional Certificate shall expire three (3) years from the date of approval unless an extension is granted as provided in MLMC 18.23.050. Dated this ___ day of _______________ 20__ ________________________________________________ Administrative Official- City of Moses Lake COML Council Packet 2-27-24, Page 126 of 126