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FINAL 2023 0509 Council Agenda PacketMoses Lake City Council Don Myers, Mayor | Deanna Martinez, Deputy Mayor | Dustin Swartz, Council Member | Mark Fancher, Council Member David Eck, Council Member| Judy Madewell, Council Member| David Skaug, Council Member Tuesday, May 9, 2023 Moses Lake Civic Center – 401 S. Balsam or remote access* Study Session at 5:30 p.m. – Water Resource Committee Presentation Executive Session at 6:15 pm. – Litigation pursuant to RCW 42.30.110 (1)(i) 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 -American Public Works Week Proclamation -Police Officer Week Proclamation - Parks, Recreation and Cultural Services Vacancy for Resident Position Additional Business City Manager’s Report -Indigent RV Parking Location Recommendation – pg 4 -AWC Annual Conference Registration Public Hearing #1 Motion pg 6 The Refuge at Mae Valley Development Agreement Ordinance 3024 Presented by Kirsten Sackett, Community Development Director Summary: Hear from public and consider adoption Moses Lake Council Packet 05-09-23, Page 1 of 83 May 9, 2023, City Council Meeting Page 2 _________________ Consent Agenda 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. #2 pg 27 a.City Council Meeting Minutes Dated April 20, 2023 b.Claims and Payroll c.Fund Creation Resolution 3937 d.Well Rehabilitation Project Change Order #2 e.Sand Dunes Treatment Plant Biofuser Rebuild Project Old Business #3 Motion #4 Motion x2 pg 50 2023 Supplemental LTAC Funding Recommendations Presented by Rich Huebner, Assistant City Manager Summary: Council to review and consider approval pg 53 Water Conservation Code/Fee Update Ordinance 3025, Resolution 3938 Presented by Water Resources Committee Summary: Council to review and consider adoption New Business #5 Motion pg 65 Larson Rec Center 1st Quarter Report and Fee Schedule Resolution 3939 Presented by Doug Coutts, Parks, Recreation and Cultural Services Director Summary: Council to review and consider adoption Administrative Reports -Renew – Moses Lake Community Coalition 1st Quarter Update – pg 82 -Wellness Program Employee BBQ Council Committee Reports Adjournment Next Regular Council Meeting is scheduled for May 23, 2023 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. Moses Lake Council Packet 05-09-23, Page 2 of 83 May 9, 2023, City Council Meeting Page 3 _________________ *Please click the link below to join remote access: https://cityofml.zoom.us/j/81573286494 Or iPhone one-tap: US: +12532158782,,81573286494# or +13462487799,,81573286494# Or Telephone: Dial(for higher quality, dial a number based on your current location):US: +1 253 215 8782 or +1 346 248 7799 or +1 669 900 9128 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 Webinar ID: 81573286494. International numbers available: https://cityofml.zoom.us/u/aelROcwuzZ ** Remote Citizen Comment or Public Hearings Remote speaker request forms must be completed by 3 p.m. on the day of the meeting. Moses Lake Council Packet 05-09-23, Page 3 of 83 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) Mayor and City Council 10764 Allison Williams. City Manager Administration 5/9/2023 City Manager's Report Indigent RV Parking Location Recommendation City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 5,000.00$0.00$5,000.00$ Consider Ad Hoc Committee recommendation and authorize location. Moses Lake Council Packet 05-09-23, Page 4 of 83 Overview In May 2019, in response to the 2018 Martin v. Boise case, City Council provided direction to staff to ensure the City is able to enforce MLMC 9.18 in regard to camping on public property. In 2020 through the use of COVID emergency funds and the city's portion of the document recording fees collected by Grant County, the Sleep Center was established in 2021 and is operated by HopeSource. Each year, the Point in Time Count (PIT count), carried out to be consistent with state law for the use of recording fee dollars, establishes the homeless household count in the county. The Sleep Center provides shelter that exceeds the PIT count for 2023 for Moses Lake (38 units vs. 37 in PIT count). The Long v. Seattle case in August 2021 has provided additional requirements of cities to ensure that persons living in motor vehicles are protected under the Homestead Act. In 2022, City Council authorized a feasibility analysis that would look at location options for the Sleep Center, due to an expiring lease, and this process was utilized to see if the motor vehicle / RV issue could be resolved simultaneously. With City Council direction to extend the lease of the current site, and the recommendation of the operator to not co-locate the uses, staff brought forward options for these vehicles on March 28. In a review of options, staff reviewed all city owned properties and reviewed opportunities with other agency properties (USBR, Moses Lake School District, Grant County). Locations were reviewed with City Council and a recommendation was made for a temporary location adjacent to the city's dog park at the regular April 25th meeting. Council directed that the Ad Hoc committee hold a public hearing to review all options and hear from the public. The public hearing was held May 2, and public input was received in regard to locations, with significant opposition to the location adjacent to the dog park. The Ad Hoc committee was in favor of the former city firing range. Staff asked to review several potential liabilities with City Council in executive session prior to full City Council action which is expected at this meeting. RVs on Central Drive were provided a thirty day notice to vacate on April 24. At the May 23rd regular meeting, staff will provide updated operating rules for the RV location and an updated policy for impounding vehicles, if vehicles are abandoned. Fiscal and Policy Implications Should the firing range be chosen, there is some clean up required, installation of cameras and ordering of portable restrooms. A quick estimate of staff time and materials is approximately $5,000. Staff would also like to get the building operational to provide a check in point for sheriff/police. Should another location be chosen, staff would verify improvements needed and adjust request accordingly. Options and Results Approve, Authorize, or Adopt: City Council directs staff to move forward with the location. Provide Amended Direction: Staff will bring back options for recommended changes. No Action Taken: Vehicles will need to vacate by May 24 however if no other location is provided, they may return to locations on city streets and necessitate further enforcement. Moses Lake Council Packet 05-09-23, Page 5 of 83 Council Staff Report Agenda Item Number: Department Proceeding Type Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested 10754 Community Development Public Hearing To: Allison Williams, City Manager From Kirsten Sackett, Director For Agenda of: 5/9/2023 Subject Refuge at Mae Valley Development Agreement Ordinance Reviewed and Approved by: City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ The Refuge at Mae Valley (TRAMV) First Addition consists of the major subdivision of 106 residential lots on approximately 30.27 acres in the R-2 Zone. The property is currently within the City’s incorporated limits. The subdivision will be served by City sanitary sewer, stormwater, City water, and City streets. Streets and utilities will be extended and constructed in conformance with Moses Lake Street and Utility Construction design standards consistent with the provisions of this Development Agreement. Mitchell Development II LLC is requesting to use a portion of Well Site 31 property, and in consideration agrees to install public improvements along Well Site 31 property and Montana Street at a value of approximately $32,000. Attached is the portion of property being requested and the engineered cost estimate of public improvements being provided. Staff recommends that City Council hold a public hearing to review and consider the Development Agreement, Motion to Approve, Motion to Deny, or Motion to revise, with directions, the Development Agreement; and if approved, authorize the City Manager to sign the Development Agreement. 22.41KB 37.28KB 440.04KB Packet Attachments (if any) Ordinance - Development Agreement.docx Mitchell Development II LLC Development Agreement.docx The Refuge at Mae Valley 1st Addition DA Exhibits A & B.pdf TRAMV DA - Improvements Constr Plan Set - Exhibit C.pdf 233.92KB Moses Lake Council Packet 05-09-23, Page 6 of 83 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: A development agreement is a voluntary contract between the City of Moses Lake and a person who owns or controls property within the jurisdiction, detailing the obligations of both parties and specifying the standards and conditions that will govern development of the property. Although the agreements are voluntary, once made they are binding on the parties and their successors. A development agreement provides assurances to the developer that the development regulations that apply to the project will not change during the term of the agreement. The City Council may require conditions to mitigate project impacts, as well as clarification about project phasing and timing of public improvements. RCW 36.70B.170 describes the type of development standards that are appropriate in a development agreement. The Local Project Review Act (Ch. 36.70B RCW), enacted in 1995, provides specific authority and direction for development agreements. In particular, see RCW 36.70B.170 - .210 and WAC 365- 196-845. The City of Moses Lake must hold a public hearing prior to approving a development agreement and may only impose impact fees, dedications, mitigation measures, and standards as authorized by other laws. RCW 36.70B.180 addresses vested rights under a development agreement. Early in the Preliminary Subdivision process of The Refuge at Mae Valley (TRAMV) First Addition, the need to use a portion of Well Site 31 property for safe street design was evident and the subdivision approval was conditioned on execution of a development agreement. In an effort to address safe street design, the Municipal Services Department and Community Development Department worked with Mitchell Development II LLC to outline a development agreement. This Development Agreement is being brought before the City Council for hearing and consideration. none Options and Results City Council moves to adopt Ordinance 3024 to approve The Refuge at Mae Valley First Addition / Mitchell Development II LLC Development Agreement Staff will bring back options for recommended changes. The Refuge at Mae Valley First Addition Final Plat will not be issued. Moses Lake Council Packet 05-09-23, Page 7 of 83 ORDINANCE NO. 3024 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, APPROVING THE MITCHELL DEVELOPMENT II LLC DEVELOPMENT AGREEMENT REGARDING THE “THE REFUGE AT MAE VALLEY FIRST ADDITION” MAJOR SUBDIVSION Recitals: 1. The City is a noncharter optional code city incorporated under the laws of the State of Washington, with authority to enact laws and enter into development agreements to promote the health, safety, and welfare of its citizens. 2. The City has the authority to enter into Development Agreements pursuant to RCW 36.70B.170 which provides: a. The Legislature finds that the lack of certainty of the approval of development projects can result in a waste of public and private resources, escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public. Assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations, and subject to conditions of approval, all as set forth in a development agreement, will strengthen the public planning process, encourage public participation and comprehensive planning, and reduce the economic cost of development. 3. Pursuant to RCW 36.70B.200, the City Council conducted a public hearing on May 9, 2023, for the proposed Development Agreement at its regularly scheduled meeting. 4. The City and the Applicant have reached agreement regarding the terms and conditions of a Development Agreement related to the development of the Project, which Development Agreement, together with its Exhibit A. is attached hereto and incorporated herein. NOW THEREFORE. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Public Interest. The City Council for the City of Moses Lake, Washington finds, following a public hearing process. that it is in the public interest for the City or Moses Lake to approve the Development Agreement with Mitchell Development II LLC related to the “The Refuge at Mae Valley First Addition” Major Subdivision. Moses Lake Council Packet 05-09-23, Page 8 of 83 Section 2. Development Agreement Approved. The City Council for the City of Moses Lake hereby approves the Mitchell Development II LLC Development Agreement (“Agreement") related to the “The Refuge at Mae Valley First Addition” attached herein as Exhibit A and authorizes the City Manager to execute the Agreement substantially in the form attached and to lake such other actions as may be necessary to effect this Agreement. Section 3. Compliance with other law. Nothing in the Ordinance shall be construed as excusing the Applicant from compliance with all federal, state, or local statutes, ordinances, or regulations applicable to this development other than expressly set forth herein. Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary clerical corrections to this ordinance including, but not limited to, the correction of scrivener’s / clerical errors, references, ordinance number, section/subsection numbers and any thereto. Section 5. 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 6. 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 May 9, 2023. _____________________________________ Don Meyers, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 05-09-23, Page 9 of 83 APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Vote: Martinez Swartz Myers Fancher Madewell Eck Skaug Aye Nay Abstain Absent Date Published: May 15, 2023 Date Effective: May 20, 2023 Moses Lake Council Packet 05-09-23, Page 10 of 83 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Moses Lake Planning Department PO Box 1579 Moses Lake, WA 98837 DEVELOPMENT AGREEMENT This development agreement (“Agreement”) is made and entered into this ___ day of _____________, 2023, between the City of Moses Lake (“City”), and Mitchell Development II, LLC, a limited liability company organized under the laws of the State of Washington (“Developer”). Recitals 1. RCW 36.70B.170 authorizes the execution of a development agreement between the local government and a person having ownership or control of real property within its jurisdiction. 2. RCW 36.70B.170 requires a development agreement to set forth the development standards and other provisions that shall apply to govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. The purpose of this Agreement is to recognize and vest the development standards and other provisions specified below that apply to and govern development and use of the Property. 3. For the purposes of this Agreement, “development standards” includes but is not limited to all of the development standards listed in RCW 36.70.B.170(3) as currently enacted or as hereafter amended. 4. This Agreement by and between the City and the Developer relates to the development known as The Refuge at Mae Valley First Addition Major Subdivision which is located adjacent to Montana Street and Westlake Road in Moses Lake, Washington. 5. The following events have occurred in the processing of the Developer’s major plat application: 5.1. A public hearing on the preliminary plat application for the major subdivision was held by the Hearing Examiner on May 10, 2022. The Hearing Examiner's decision recommending approval of the major subdivision was issued on June 24, 2022. 5.2 Following a public hearing on May 9, 2023 pursuant to RCW 36.70B.200, the City Council approved Ordinance No. 3024 authorizing the City Manager to execute this Agreement with the Developer. Moses Lake Council Packet 05-09-23, Page 11 of 83 AGREEMENT The parties agree as follows: General Provisions Section 1. The project. The project is the development and use of the property consisting of the major subdivision of 106 residential lots on approximately 30.27 acres in the R-2 Zone. The property is currently within the City’s incorporated limits. The subdivision will be served by City sanitary sewer, stormwater, City water, and City streets. Streets and utilities will be extended and constructed in conformance with Moses Lake Street and Utility Construction design standards consistent with the provisions of this Development Agreement. Section 2. The subject property. The project site is described in Exhibit A which is attached hereto and incorporated herein by this reference, and herein will be referred to as the “Property”. Section 3. Definitions. 3.1 “City Manager” means the City Manager of the City of Moses Lake. 3.2 “Adopting Ordinance” means the Ordinance which approves this Agreement, as required by RCW 36.70B.200. 3.3 “Budget” means the agreed budget and cost-share as identified in the attached Exhibit “B” which is attached hereto and incorporated herein by this reference. Changes, amendments, or revisions to the budget and cost-share must be mutually agreed upon in writing and signed by all parties to this Agreement. 3.4 “Certificate of Occupancy” means either a certificate issued after inspections by the City authorizing a person or persons in possession of property to dwell or otherwise use a specified building or dwelling unit, or the final inspection if a formal certificate is not issued. 3.5 “Cost of Construction” means the actual cost of construction including, but not limited to: Mobilization; Dewatering; Unsuitable Soils Removal; Imported Materials; Soil Stabilization; Erosion Control; and Installation and Materials related to the Road and Utility Installation. 3.6 “Council” means the duly elected legislative body governing the City of Moses Lake. 3.7 “Design Standards” means the City of Moses Lake Community Development standards as adopted by the City and dated February 23, 2021, by Resolution 3845. 3.8 “Effective Date” means the effective date of the Adopting Ordinance, subject to full satisfaction of the requirements of Section 23 herein. 3.9 “Existing Land Use Regulations” means the ordinances adopted by the City of Moses Lake in effect on the Effective Date, including the adopted ordinances that govern Moses Lake Council Packet 05-09-23, Page 12 of 83 the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards, and specifications applicable to the development of the Property, including, but not limited to, the Comprehensive Plan, the City's Official Zoning Map and development standards, the Public Works Construction Standards, SEPA, and all other ordinances, codes, rules, and regulations of the City establishing subdivision standards, codes, rules, and regulations of the City establishing subdivision standards, park regulations and building standards. “Existing Land Use Regulations” do not include non-land use regulations, which include tax and impact fees. 3.10 “Landowner” is the party who has acquired any portion of the Property from the Developer who, unless otherwise released as provided in this Agreement, shall be subject to the applicable provisions of this Agreement. The “Developer” is identified in the section 5 of this Agreement. 3.11 “Project” means the anticipated development of the Property, as identified in Sections 1 and 2 above, and as provided in all associated permit/approvals, and all incorporated exhibits. Section 4. Exhibits. Exhibits to this Agreement are as follows: 4.1 Exhibit “A”: The Refuge at Mae Valley First Addition Preliminary Plat Map. 4.2 Exhibit “B”. Scope of Work for Developer construction of public roadway on Well Site 31. Section 5. Parties to the Development Agreement. The parties to this Agreement are: 5.1 The “City” is the City of Moses Lake, 421 East Balsam Avenue, Moses Lake, WA 98837. 5.2 The “Developer” is Mitchell Development II, LLC, a Washington Limited Liability Company which is a private enterprise which owns the Property in fee, and whose mailing address is 910 Traffic Avenue, Sumner, WA 98390. 5.3 The “Landowner”. From time to time, as provided in this Agreement, the Developer may sell or otherwise lawfully dispose of any portion of the Property to a Landowner who, unless otherwise released, shall be subject to the applicable provisions of this Agreement related to such Property. Section 6. Project is a Private Undertaking with the City of Moses Lake for Street and Utility Improvements as Identified Herein. It is agreed between the parties that the Project is a private development, and that the City will enter into this Agreement with the Developer; and that the City has no interest therein except as authorized in the exercise of the governmental functions and this Agreement. The parties have agreed to the scope of work as stipulated and identified in Sections 12.1 and 12.2 and shown in the attached Exhibit B. Moses Lake Council Packet 05-09-23, Page 13 of 83 Section 7. Term of the Agreement. This Agreement shall commence on the Effective Date of the Adopting Ordinance approving this Agreement and shall continue in force for a period of two (2) years unless otherwise extended or terminated as provided for herein. Following the expiration of the term or any extension thereof, or if sooner terminated, this Agreement shall have no force and effect, subject however, to any surviving post-termination obligations of the Developer or Landowner. This Agreement shall be recorded with the Grant County Auditor. Section 8. Vested Rights of Developer. During the term of this Agreement, unless sooner terminated in accordance with the terms hereof, and developing the Subject Property consistent with the project described herein, Developer is assured, and the City agrees, that the development rights, obligations, terms, and conditions specified in this Agreement (regarding the Project described herein), are fully vested in the Developer. Said development rights obligations, terms, and conditions may not be changed or modified by the City, except as may be expressly permitted by, and in accordance with, the terms and conditions of this Agreement, including the exhibits hereto, or as expressly consented thereto by the Developer. Section 9. Permitted Uses and Development Standards. The permitted uses, the density and intensity of the use, the maximum height and size the proposed buildings, provisions for reservations and dedications of land or payment of fees in lieu of dedication for public purposes, the construction, installation, and extension of public improvements, development guidelines and standards for the development of the Property, shall be those set forth in (a) this Agreement, (b) the City of Moses Lake Municipal Code, the City's official design standards and construction standards (except to the extent they conflict with this Agreement), (c) the Ordinance approved by the City Council, (d) the approvals identified herein and the Council's decision, and (e) all exhibits incorporated herein. Section 10. Further Discretionary Actions. Developer acknowledges that the Existing Land Use Regulations contemplate the exercise of further discretionary powers by the City. These powers include, but are not limited to, review of additional permit application under SEPA. Nothing in this Agreement shall be construed to limit the authority or obligation of the City to hold legally required public hearings, or to limit the discretion of the City and its officers or officials in complying with or applying Existing Land Use Regulations. Section 11. Existing Land Use Fee. Land use fees adopted by the City by ordinance as of the Effective Date of this Agreement may be increased from time to time. Such increased land use fees may apply to permits and approvals for the Property if such fees may apply to similar applications and projects in the City. Section 12. Montana Street and Lesser Loop Improvements. The Developer agrees to design, construct, and pay all associated costs for the required street and utility improvements including, but not limited to road surface expansion, sidewalk, curb and gutter (Exhibit B) fronting Lot 1 Block 1 City of Moses Lake Well 31 Short Plat. In consideration for these Developer improvements, the City of Moses Lake agrees to permit the Developer to utilize a portion of the City’s Well 31 Site for the construction of a public roadway (Exhibit C). Moses Lake Council Packet 05-09-23, Page 14 of 83 Section 13. Testing. Materials testing is the responsibility of the Developer’s contractor. Testing will be in conformance with the standard testing procedures in conformance with adopted City, WSDOT, and AASHTO standards. Section 14. Default. 14.1 Subject to extensions of time by mutual consent in writing, failure or delay by either party or Landowner not released from this Agreement, to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party or Landowner notice of the default in writing, specifying the nature of the alleged default and manner in which set default may be cured. For thirty (30) days after delivery of the default notice, the party or Landowner charged shall not be considered in default for purposes of termination or institution of legal proceedings. 14.2 After notice of default and expiration of the thirty (30) day period, if such default has not been cured or is not being diligently cured in a manner set forth in the notice, the other party or Landowner to this Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce the City's Code, and to recover penalties, fees, and costs as provided in the City’s Code for violations or breaches of this Agreement and or the City’s code. Section 15. Termination. This Agreement shall expire end or terminate as provided below: 15.1 This Agreement shall expire and be of no further force and effect if the development contemplated in this Agreement and all the permits and/or approvals issued by the City for such Development are not substantially underway prior to expiration of such permits and/or approvals. Nothing in this Agreement shall extend the expiration date of any permit or approval issued by the City for any development of the Property. 15.2 This Agreement shall expire and be of no further force and effect if the Developer does not construct the Project as contemplated by the permit and approvals identified in this Agreement, and/or submits application for development of the Property that are inconsistent with such permits and approvals. 15.3 This Agreement shall terminate upon either (a) the expiration of the term identified in section 7, or (b) when the Property has been fully developed, whichever first occurs, and all the Developer’s obligations in connection therewith are satisfied as determined by the City. Upon termination of this Agreement, the City shall record a notice of such termination in a form satisfactory to the County that the Agreement has been terminated. This Agreement shall automatically terminate and be of no further force and effect as to any dwelling unit or non-residential building and the lot or parcel upon which such residence or building is located (except for design standards and Moses Lake Council Packet 05-09-23, Page 15 of 83 obligations to dedicate property to the City as set forth herein), when it has been approved by the City for Occupancy. Section 16. Effect upon Termination on Developer Obligations. Termination of this Agreement as to the Developer of the Property or any portion thereof shall not affect any of the Developer’s obligations to comply with (a) the City's Comprehensive Plan and the terms and conditions thereof, (b) any applicable zoning code(s) or subdivision map or other land use entitlements approved with respect to the Property, or any other conditions of the development specified in the Agreement to continue after the termination of this Agreement or (d) obligations to pay assessments, liens, fees or taxes. Section 17. Effect of Termination on City. Upon termination of this Agreement as to the development of the Property, or any portion thereof, the entitlements, conditions of development, limitations of fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the Property affected by such termination, if vesting of such entitlements, conditions or fees may then be established for such Property pursuant to the existing planning and zoning laws. Section 18. Assignment and Assumption. The Developer shall have the right to sell, assign, or transfer this Agreement with all its rights, title, and interest therein to any person, firm, or corporation at the time during the term of this Agreement subject to the prior written approval of the City which shall not be unreasonably withheld. Developer shall provide the City with written notice of any intent to sell, assign, or transfer all or a portion of the Property, at least 30 days in advance of such action. Section 19. Covenants Running with the Land. The conditions and covenants set forth in this Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The Developer, Landowner, and every purchaser, assignee, or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof, but only with respect to the Property, or such portion thereof, sold, assigned, or transferred to it. Any such purchaser, assignee, or transferee shall observe and fully perform all the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertaining to the portion of the Property sold, assigned, or transferred to it. Section 20. Amendments to Agreement: Effect of Agreement on Future Actions. This Agreement may be amended or extended by mutual consent of all parties, provided that any such Amendment shall be in writing and follow the process established by law for the adoption of a Development Agreement (see RCW 36.70B.200). However, nothing in the Agreement shall prevent the City from making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map, Design Standards or development regulations affecting the Property during the next two years, as the City Council may deem necessary to the extent required by a serious threat to public health and safety. Section 21. Releases. Subject to prior written approval of the City, Developer, and any subsequent Landowner, may free itself from further obligations relating to the sold, assigned, Moses Lake Council Packet 05-09-23, Page 16 of 83 or transferred Property, provided that the buyer, assignee, or transferee expressly assumes the obligations under this Agreement as provided herein. Section 22. Notices. Notices, demands, and correspondence to the City and Developer shall be by pre-paid, first-class mail to the addresses of the parties as designated in Section 5. Notice to the City shall be to the attention of the City Manager. Notices to the subsequent Landowners shall be required to be given by the City only for those Landowners who have given the City written notice of their address for such notice. The parties hereto may, from time to time, advise the other of new address for such notices, demands, or correspondence. Section 23. Applicable Law and Attorney's Fees. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. If litigation is initiated to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs from the non-prevailing party. Venue for any action shall lie in the Superior Court of Grant County, Washington, or if the dispute involves violation of federal law, in the U.S. District Court of Eastern Washington. Section 24. Third Party Legal Challenge. If any legal action or special proceeding is commenced by any third person or entity other than the parties to this Agreement challenging this Agreement or any provisions herein, the City may elect to tender the defense of such lawsuit or individual claimed in the lawsuit to Developer and/or Landowner(s). In such event, Developer and/or such Landowner, shall hold the City harmless from and shall defend and indemnify the City from and against all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, not including but limited to, attorney’s fees and expenses of litigation, and damages awarded to the prevailing party or parties of such litigation. The Developer and/or Landowner shall not settle any lawsuit without the prior written consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. Section 25. Specific Performance. The parties specifically agree that damages are not an adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific performance of all material terms of this Development Agreement by any party in default hereof. Section 26. Severability. If any portion of this Agreement, or the application of a portion, is determined unenforceable or unlawful by a court of competent jurisdiction, the remainder of the Agreement, or the application of the portion in question to the remainder of the Agreement, shall not be affected. Section 27. Construction. In the event of a dispute between the parties as to the meaning of terms, phrases or specific provisions of this Agreement, the authorship of this Agreement shall not be cause for the Agreement to be construed against any party nor in favor of any party. Section 28. Integration. This Agreement contains all terms of the Agreement between the parties. No other writings, communication, or representations are part of this Agreement. Moses Lake Council Packet 05-09-23, Page 17 of 83 Section 29. Waiver. No provision of this Agreement shall be deemed to have been waived unless that waiver is in writing signed by the waiving party. Failure by any of the parties to insist upon the strict performance of any provision of this Agreement, or to exercise any right or remedy upon a breach, shall not constitute a waiver of the breach of that provision or of any other provision. A waiver of one provision of this Agreement shall not be deemed a waiver of any other provision of this Agreement or a waiver of that provision with respect to any subsequent breach, unless expressly provided in writing. Section 30. Authority. Each of the parties to this Agreement represents, warrants and covenants that he, she or it has the full power and authority to execute, deliver, and perform this Agreement, and that such execution, delivery and performance has been duly authorized. Each of the undersigned agents of the parties represents and warrants his or her authority to sign this Agreement on behalf of that party. Section 31. Counterparts. This Agreement may be executed in any number of counterparts, all of which when taken together shall constitute one agreement binding on all of the parties to the Agreement, notwithstanding that all such parties are not signatories to the same counterpart. The parties hereto have caused this Agreement to be executed on the dates set forth below. OWNER/DEVELOPER: Mitchell Development II, LLC By: ______________________________________ Date: _______________________ STATE OF WASHINGTON COUNTY OF _________________ I certify that I know or have satisfactory evidence that__________________________ signed this instrument, on oath stated that he/she was authorized to execute the instrument as __________________ for _____________________________ and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: ____________________, 2023 ____________________________________ Notary Public for Washington State My commission expires________________ Moses Lake Council Packet 05-09-23, Page 18 of 83 CITY OF MOSES LAKE: By: _______________________________________ Date: ______________________ Allison Williams, City Manager STATE OF WASHINGTON COUNTY OF GRANT I certify that I know or have satisfactory evidence that__________________________ signed this instrument, on oath stated that he/she was authorized to execute the instrument as __________________ for _____________________________ and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: ____________________, 2023 ____________________________________ Notary Public for Washington State My commission expires________________ APPROVED AS TO FORM: __________________________________ Katherine Kenison, City Attorney Moses Lake Council Packet 05-09-23, Page 19 of 83 Moses Lake Council Packet 05-09-23, Page 20 of 83 Moses Lake Council Packet 05-09-23, Page 21 of 83 Moses Lake Council Packet 05-09-23, Page 22 of 83 Moses Lake Council Packet 05-09-23, Page 23 of 83 Moses Lake Council Packet 05-09-23, Page 24 of 83 Moses Lake Council Packet 05-09-23, Page 25 of 83 Exhibit C Construction Plan Set Well No. 31 Property Moses Lake Council Packet 05-09-23, Page 26 of 83 MOSES LAKE CITY COUNCIL – SPECIAL MEETING April 20, 2023 CALL TO ORDER A special meeting of the Moses Lake City Council was called to order at 5 p.m. by Grant County Economic Development Council Executive Director Brant Mayo at the Pillar Rock Café Banquet Room. ROLL CALL Present: Mayor Myers; Deputy Mayor Martinez; Council Members Eck, Swartz, Fancher, and Madewell. Absent: Council Member Skaug. REGIONAL COLLABORATION MEETING This is the first joint meeting in what was characterized as “50 years” between the elected officials representing the City of Moses Lake, Grant County, Grant County PUD and the Port of Moses Lake. Each entity spoke about current priorities and the shared needs to support the growth of the county. Power, water, transportation infrastructure were all mentioned needs to jointly work on. Discussion included scheduling a follow up meeting later this year in advance of the next legislative session with the legislators present. ADJOURNMENT The special meeting was adjourned at 6:30 p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________ Debbie Burke, City Clerk Moses Lake Council Packet 05-09-23, Page 27 of 83 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) Allison Williams, City Manager 10723 Madeline Prentice Finance 5/9/2023 Consent Agenda Disbursement report since April 25, 2023 City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 1,835,118.40$1,835,118.40$0.00$ Approve payment of claims as presented. The following amounts were budgeted, and sufficient funds were available to cover these payments: Electronic Transfer: 238 - 240 - $759,253.26 Checks: 160501 - 160689 - $510,337.78 Payroll Checks: #65085 - 65087 - Voided Payroll Checks: #65088 - 65102 - $5,634.76 Electronic Payments: Direct Deposit - $559,892.60 Vouchers - 05.09.2023.pdf 128.98KB Moses Lake Council Packet 05-09-23, Page 28 of 83 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. Moses Lake Council Packet 05-09-23, Page 29 of 83 TOTALS BY FUND: FUND NO FUND NAME AMOUNT 001 GENERAL FUND 418,167.87                        102 TOURISM 6,613.00                            103 GRANTS AND DONATIONS 1,346.67                            110 HOMELESS SERVICES ‐                                      114 PATHS/TRAILS ‐                                      116 STREET 44,149.27                          119 STREET REPR/RECON 10.14                                  286 REFUNDING GO BONDS 2015 ‐                                      314 PARK & RECREATION IMPROVEMENTS 61,355.13                          315 PARK MITIGATION CAPITAL PROJECTS ‐                                      410 WATER/SEWER 130,224.27                        450 2011 BOND FUND ‐                                      452 2004 BOND FUND ‐                                      471 WATER RIGHTS ‐                                      477 WATER SEWER CONSTRUCTION 48,964.45                          487 2015 GO BONDS REDEMPTION ‐                                      490 SANITATION 6,378.72                            493 STORM WATER 9,355.14                            495 AIRPORT 534.39                                498 AMBULANCE 64,558.45                          501 UNEMPLOYMENT COMPENSATION INSURANCE 375.00                                503 SELF‐INSURANCE 19,784.30                          517 CENTRAL SERVICES 31,899.59                          519 EQUIPMENT RENTAL 37,387.89                          528 BUILDING MAINTENANCE 81,984.29                          611 FIRE PENSION 1,263.16                            623 DEPOSIT 305,239.31                        631 STATE ‐                                      TOTAL 1,269,591.04$                  City of Moses Lake Tabulation of Claims Paid‐Summary by Fund Council Meeting Date‐ 04/25/2023 Moses Lake Council Packet 05-09-23, Page 30 of 83 Check Name Check Amount Check Date Invoice Description 238 Assn Of Wash Cities 442,625.55$      03/03/2023 March Health Insurance Coverage 239 Dept Of Retirement Systems 152,963.67$      04/21/2023 2308 DRS Retirement Contributions 240 FICA‐Medicare 163,664.04$      12/12/2022 Payroll Taxes 160501 Tom Moschner 128.00$              04/18/2023 CDL Physical Reimbursement 160502 IAFF Local 1258 150.00$              04/21/2023 Deering Deduction 160503 Valley Empire Collection 693.15$              04/21/2023 Y220567 B Garnishment‐ Torrey 160504 Wash Council Police & Sheriffs 517.50$              04/21/2023 2305 WCPS Police Dues 160505 A & H Printers Inc 204.88$              04/25/2023 Printing 160506 Ag Supply Ace Hardware 302.78$              04/25/2023 Spraypaint 160507 Agri‐Fix II 371.70$              04/25/2023 Tow 160508 Agri‐Fix, LLC 742.04$              04/25/2023 Evidence Impound 160509 Alpine Products Inc 18,758.87$        04/25/2023 Waterborne Paint/Glass Beads 160510 Amazon Capital Services, Inc.995.50$              04/25/2023 Amazon Purchases 160511 Anatek Labs, Inc.10,995.00$        04/25/2023 Sample Testing 160512 Arcadia Publishing 143.94$              04/25/2023 Museum Wholesale ‐ Banks Lake 160513 Badger Meters Inc 3,076.39$           04/25/2023 Fire Hydrant Meters 160514 Basin Propane LLC 152.17$              04/25/2023 Wellness ‐ Fire Training Event 160515 Battery Systems Inc 1,613.09$           04/25/2023 Batteries CB12‐85 160516 Bound Tree Medical LLC 4,257.11$           04/25/2023 Repair Pieces ‐ Suction Units 160517 Bud Clary Ford LLC 190.78$              04/25/2023 Multi‐Point Inspection/General Diag 160518 Cable Company Promotions, LLC 5,275.00$           04/25/2023 Challenge coins 160519 Carquest Auto Parts 22.54$                04/25/2023 Junction Box 160520 Cascade Natural Gas Corp 1,018.33$           04/25/2023 March23 Gas 160521 Central Machinery Sales Inc 1,456.94$           04/25/2023 Turbo Charger Eq#572 160522 Centurylink 134.71$              04/25/2023 509‐765‐2240 400B 4.13.2023 160523 Columbia Basin Herald 51.93$                04/25/2023 Ordinance Ad 160524 Consolidated Disposal Service 133.92$              04/25/2023 Medical Waste Disposal 160525 Copiers Northwest Inc 13.57$                04/25/2023 Equipment Contract Fees 160526 CSWW, Inc 1,192.05$           04/25/2023 Gloves 160527 Databar Inc 1,363.85$           04/25/2023 Mail Utility Bills 160528 Desert Graphics Inc 86.74$                04/25/2023 Plaque 160529 Direct Mail, Inc 553.80$              04/25/2023 Recreation Ad 160530 EMS Connect, LLC 263.00$              04/25/2023 EMS Training Software 160531 Faber Industrial Supply 517.65$              04/25/2023 Transfer Pump 160532 File of Life Foundation, Inc.1,051.72$           04/25/2023 File of Life Forms Printing 160533 Fishingmagician.com 300.00$              04/25/2023 LTAC Expense 160534 Galls LLC 104.99$              04/25/2023 Job Shirt ‐ Falconer 160535 GeoEngineers, Inc.8,118.75$           04/25/2023 Columbia Basin Water Level Evaluation 160536 Gokeyless 4,237.89$           04/25/2023 Pushbutton Locks 160537 Hajoca Corp 2,137.60$           04/25/2023 PVC Couplings/PVC Pipe  160538 Home Depot Pro (Supplyworks)4,364.88$           04/25/2023 Janitorial Supplies 160539 IAFF Local 1258 4,930.00$           04/25/2023 2308 Fire Union Dues 160540 Ibs Inc 326.87$              04/25/2023 Misc Supplies 160541 Inland Empire Fire Chiefs Asso.225.00$              04/25/2023 Fire Office Training ‐ Anthony Toto 160542 Irrigators Inc 82.36$                04/25/2023 Misc Supplies 160543 Jerrys Auto Supply 677.13$              04/25/2023 Oil Cap O‐Ring & Plug Eq#429  160544 Kaman Fluid Power LLC 54.02$                04/25/2023 SNS Supplies 160545 Katherine Kenison, PS 19,322.00$        04/25/2023 City Atty March 23 City of Moses Lake Checks Issued with Summary Description For April 25, 2023 Council Meeting Moses Lake Council Packet 05-09-23, Page 31 of 83 160546 Keller Associates 9,251.70$           04/25/2023 COF Pump Station Upgrades 160547 Kelley Connect 84.69$                04/25/2023 Equipment Contract Fees 160548 Lake Auto Parts 154.09$              04/25/2023 Multi Duty Hose  160549 Martin Law LLP 5,306.50$           04/25/2023 Superfund PFAS Representation 160550 McKesson Medical‐Surgical 573.91$              04/25/2023 Medical Supplies 160551 Med Tech Resource Inc 210.85$              04/25/2023 Ambulance Supplies 160552 Moon Security Services Inc 554.48$              04/25/2023 Museum Security 160553 Moses Lake BMX Association 892.50$              04/25/2023 Recreation Prof. Fees 160554 Moses Lake Police Guild 2,665.00$           04/25/2023 2308 Police Union Dues 160555 Moses Lake Steel Supply 181.50$              04/25/2023 Sq Tube 160556 Moses Lake Towing 278.07$              04/25/2023 Towing Eq. 159 160557 Motorola Solutions Inc 14,923.66$        04/25/2023 Annual Maintenance 160558 National Event Publications 2,750.00$           04/25/2023 LTAC Expense 160559 National Safety, Inc 600.10$              04/25/2023 Safety Gear 160560 Norco Enterprises Inc 1,153.40$           04/25/2023 ABC Extinguisher/Tsunami Grip Glove 160561 Northstar Chemical Inc 2,268.75$           04/25/2023 Sodium Hypochlorite Well No. 10 160562 Northwest Sales Group, Inc.173.09$              04/25/2023 Misc Supplies 160563 NYS Child Support Prosessing Center 184.61$              04/25/2023 2308 Gilmartin Child Support 160564 Oreilly Auto Parts 163.13$              04/25/2023 HVAC Actuator Eq#256 WO 58703 160565 Original Watermen Inc 1,607.20$           04/25/2023 SNS Staff Apparel 160566 OSW Equipment & Repair, LLC 3,951.84$           04/25/2023 Tarps 160567 Pet Emergency Clinic PS.196.18$              04/25/2023 K9 Jester Vet Bill 160568 Pro Rentals And Sales 580.48$              04/25/2023 Forklift Rental 160569 Pro Touch Car Wash & Auto Detail LLC 13.55$                04/25/2023 Self Serve Car Washes March 2023 160570 Pud Of Grant County 16,738.56$        04/25/2023 Lift Station Elec. Services March 23 160571 Quill Corporation 640.00$              04/25/2023 Supplies/Coffee 160572 Ramada Moses Lake 216.38$              04/25/2023 Interview Evaluator Stay 160573 Region 6 Fire Trng Council 150.00$              04/25/2023 Membership Dues 160574 Rexel USA 1,323.18$           04/25/2023 LED Bulbs 160575 Rolluda Architects, Inc.44,693.73$        04/25/2023 Police Dept Building Design. 160576 Schindler Elevator Corp 401.08$              04/25/2023 Elevator Maintenance Contract 160577 Sea Western Inc 7,095.46$           04/25/2023 Breathing Air Quality Testing 160578 Sebastian Moraga 153.10$              04/25/2023 Translation Service 160579 SESAC 553.00$              04/25/2023 Music Performance License 160580 SHI International, Inc 9,533.49$           04/25/2023 NetMotion Renewal 160581 Shirtbuilders Inc 5,917.08$           04/25/2023 Uniform Shits ‐ KOK 160582 Sirennet.Com 2,845.83$           04/25/2023 Emergency Equipment & Lighting  160583 State Auditors Office 140.91$              04/25/2023 Finance Pro Services 160584 Statehood Media, LLC 2,500.00$           04/25/2023 LTAC 160585 SWARCO McCain Inc.69.38$                04/25/2023 Actuator Arrow Plate W/Screws 160586 Systems Design West, LLC 8,366.29$           04/25/2023 EMS Billing‐ March 2023 160587 The DOH Associates 3,412.50$           04/25/2023 LRC Pro Services 160588 The Lifeguard Store 2,118.41$           04/25/2023 SNS Ops Supplies 160589 Traffic Safety Supply Company 3,897.32$           04/25/2023 Round Posts 160590 Trusteed Plans Service Corp 2,730.00$           04/25/2023 2307 Police Disability 160591 Turf Star Western 333.37$              04/25/2023 Poly V‐Belt 160592 Uline 1,815.05$           04/25/2023 Supplies 160593 Ups Freight 50.22$                04/25/2023 Shipping & Service Fees 160594 UPS Store 2469 53.89$                04/25/2023 Shipping 160595 WA St Council Of FF Emp Ben 3,400.00$           04/25/2023 2307 MERP Contributions 160596 Wash Council Police & Sheriffs 505.00$              04/25/2023 2308 WCPS Police Dues 160597 Waste Mgt Recycle America Inc 5,756.33$           04/25/2023 Commingle Loads March 23 160598 Weinstein Beverage Company 106.00$              04/25/2023 Drinking Water 160599 Wenatchee Valley Fire Department 462.47$              04/25/2023 Training Expenses ‐ Hazmat Training Moses Lake Council Packet 05-09-23, Page 32 of 83 160600 Western Display Fireworks Ltd 6,250.00$           04/25/2023 Fireworks Installment 160601 WFCA: The Daily Dispatch 405.00$              04/25/2023 Fire Inspector Position Ad 160602 WSCCCE, AFSCME, AFL‐CIO 1,780.13$           04/25/2023 AFSCME Union Dues 160603 Zoll Medical Corp 5,372.59$           04/25/2023 Monitor Batteries 160604 Steven Mugnos 1,689.00$           04/25/2023 Registration/Hotel Reimbursement 160605 Dean Gaddis 314.00$              04/25/2023 NWGIA 2023 Per Diem 160606 Todd Eldred 192.00$              04/25/2023 Instructor 2 Reimbursement 160607 Jay Morice 134.00$              04/25/2023 Officer 2 Course 2023 160608 Alberto Chavez 154.95$              04/26/2023 Boot Reimbursement 2023 160609 Allison Williams 116.59$              04/26/2023 Mileage Reimbursement 160610 Jason Koziol 166.16$              04/26/2023 Hotel Reimbursement 160611 Anthony Toto 67.00$                04/26/2023 Fuel Reimbursement 160612 Edgar Salazar 314.00$              04/26/2023 NWGIA 2023 Per Diem 160613 Curt Ledeboer 314.00$              04/26/2023 NWGIA 2023 Per Diem 160614 Omar Ramirez 314.00$              04/26/2023 NWGIA 2023 Per Diem 160615 Perteet, Inc.1,382.50$           04/26/2023 Mae Valley Traffic Analysis. 160616 Allplay Systems, LLC 57,942.63$        04/26/2023 Compass Shade ‐ Food Court. 160617 Madeline Prentice 177.00$              04/27/2023 GFOA 2023 Per Diem 160618 Doug Coutts 2,614.98$           04/27/2023 Reimburse Relocation Expenses 160619 Alice Rolfness 10.14$                04/28/2023 Overpayment on Account 160620 Justin Akerley 102.00$              04/28/2023 CDL Endorsement 2023 160621 Janelle Sword 732.71$              04/29/2023 April Pension w/DRS COLA 160622 Luther Stowers 530.45$              04/29/2023 April 2023 Pension w/DRS COLA 160623 IAFF #1258/Disab Ins 1,961.18$           03/31/2023 2307 Fire Disability Deductions 160624 ANGELA SIMS 105.97$              04/28/2023 Refund Utility Overpayment 160625 D&R Family Properties, LLC 235.87$              04/28/2023 Refund Utility Overpayment 160626 SIXCESS INVESTMENT CO LLC 16.33$                04/28/2023 Refund Utility Overpayment 160627 Thomas & Diana Christoe 198.76$              04/28/2023 Refund Utility Overpayment 160628 Ty & Cortnie Strohmaier 65.46$                04/28/2023 Refund Utility Overpayment 160629 Dale Cantrell 88.95$                05/01/2023 IT Interview‐ Mileage 160630 A&A Custom Tarps LLC 4,238.44$           05/01/2023 SNS Flow Rider Supplies 160631 AAA Readymix Inc 156.46$              05/01/2023 Drain Rock 160632 Active Network LLC 597.50$              05/01/2023 Museum Signature Pad 160633 Ag Supply Ace Hardware 97.05$                05/01/2023 SNS Supplies 160634 Agri‐Fix II 371.70$              05/01/2023 Seizure Tow Bill 160635 Basin Feed & Supply 90.99$                05/01/2023 Gloves 160636 Basin Propane LLC 336.04$              05/01/2023 Wellness ‐ Fire Extinguisher Training 160637 Battery Systems Inc 58.81$                05/01/2023 Battery CB12180 160638 Branom Operating Company LLC 342.12$              05/01/2023 Supplies Services 160639 Cellebrite, Inc 6,612.40$           05/01/2023 Subscription 160640 Centurylink 315.19$              05/01/2023 Water Shut‐Off Notifications 160641 Centurylink 3,788.66$           05/01/2023 509‐764‐5387 088B 160642 Code Publishing Co.350.00$              05/01/2023 Municipal Code‐Custom Interface 160643 Columbia Basin Herald 51.93$                05/01/2023 Ordinance Ad 160644 Columbia Glass LLC 917.74$              05/01/2023 Install Into Door Frame 160645 Consolidated Disposal Service 75.42$                05/01/2023 Disposal Loads 160646 Consolidated Electrical Distributors Inc 206.99$              05/01/2023 Misc. Maintenance Supplies 160647 Copiers Northwest Inc 185.68$              05/01/2023 Equipment Contract Fees 160648 Correct Equipment 5,506.72$           05/01/2023 Blue White Pump 160649 CSWW, Inc 231.95$              05/01/2023 Masonry Caulk 160650 Equifax / Talx UC Express Inc 375.00$              05/01/2023 Unemployment Claims Q1 23 160651 Faber Industrial Supply 1,201.90$           05/01/2023 Tools 160652 Fastenal Company 193.97$              05/01/2023 Machine Screws 160653 Ferguson Enterprises Inc #3007 74.79$                05/01/2023 SNS Supplies Moses Lake Council Packet 05-09-23, Page 33 of 83 160654 Fishingmagician.com 510.00$              05/01/2023 LTAC Ads 160655 Grainger Parts Operations 839.86$              05/01/2023 Bathroom Cleaner 160656 Grant County Treasurer 962.32$              05/01/2023 2% Liquor Excise Tax 160657 H D Fowler Company 10,743.78$        05/01/2023 Credit Memo for Invoice I6343851 160658 Haglund's Trophies, LLC 43.04$                05/01/2023 IT Director Name Plate 160659 Hajoca Corp 4,128.11$           05/01/2023 Sch 80 PVC Adapters  160660 Jerrys Auto Supply 1,728.68$           05/01/2023 Floor Dry 160661 Jims Lock Service LLC 54.85$                05/01/2023 Key Copies 160662 Keller Associates 31,594.00$        05/01/2023 Cascade Valley Improvements 160663 Kent D. Bruce Co LLC 362.06$              05/01/2023 Seat Covers 160664 Lake Auto Parts 145.69$              05/01/2023 Filters **$2.42 Discount Taken** 160665 Les Schwab Tire Center 174.43$              05/01/2023 Tubeless Tire Eq#511 W/O 58731 160666 Localtel Communications 1,073.35$           05/01/2023 Internet 160667 Matrix Sciences International Inc.9,048.00$           05/01/2023 Sample Testing 160668 Metron Powder Coating 780.48$              05/01/2023 Water Keys 160669 Moses Lake School Dist #161 875.00$              05/01/2023 MLHS Pool Fees 160670 Moses Lake Steel Supply 669.27$              05/01/2023 SNS ‐ Taping Screws 160671 Northstar Chemical Inc 1,498.75$           05/01/2023 Sodium Hypochlorite Well #8 160672 Pasco Tire Factory, INC 136.48$              05/01/2023 Tire 160673 Public Safety Testing Inc 1,066.00$           05/01/2023 Subscription Fees Q1 2023 160674 Quill Corporation 372.87$              05/01/2023 Breakroom Supplies 160675 Renew 3,000.00$           05/01/2023 Q1 2023 160676 Rexel USA 221.16$              05/01/2023 Bracket 160677 Richland Research Corporation 1,158.60$           05/01/2023 Free‐Flow Blocks 160678 Sherwin‐Williams 167.50$              05/01/2023 SNS ‐ Paint 160679 Sirennet.Com 10,639.73$        05/01/2023 Emergency Equipment & Lighting  160680 Skaug Brothers Carpet One 1,861.81$           05/01/2023 Schluter 160681 Staples Credit Plan 118.98$              05/01/2023 Staples Statement 4.14.23 160682 Summit Law Group 9,434.13$           05/01/2023 HR Pro Services 160683 SWARCO McCain Inc.2,198.36$           05/01/2023 BBS Batteries/Harness  160684 Tommer Construction Co Inc 9,633.75$           05/01/2023 Gravel split 116/411 160685 Tyco Inc 199.02$              05/01/2023 Citrol 160686 Ups Freight 67.74$                05/01/2023 Weekly Shipping Fees 160687 Wa Cities Insurance Authority 14,477.80$        05/01/2023 Large Deductible Program 160688 Weinstein Beverage Company 2,740.24$           05/01/2023 Maintenance Supplies 160689 Wilbur Ellis Company 1,478.69$           05/01/2023 Spray Chemicals 1,269,591.04$   Moses Lake Council Packet 05-09-23, Page 34 of 83 Council Staff Report Agenda Item Number: Department Proceeding Type Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested 10717 Finance Consent Agenda To: Allison Williams, City Manager From Madeline Prentice, Director For Agenda of: 5/9/2023 Subject Establish new funds and amend existing funds. Reviewed and Approved by: City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Adopt resolution to establish the following new funds: Rainy Day Fund - #005 Fire Mitigation Fund - #320 Well Remediation Fund - #322 Adopt resolution to amend the following funds (to take effect on 1/1/2024): Create an HR Department under the General Fund and move the HR costs out of the Executive Department - #001-008 Water and Wastewater are currently being reported under one fund (#410). To more accurately track and report the revenue and expenditures of these two funds, we are requesting to split these into two separate funds, #411 - Water and #412 - Wastewater Central Services Fund #517 currently includes resources for Information Technology-IT (#517-517) and Utility Billing (#517-514). With the addition of a new IT Director to the City, we are recommending that the Utility Billing staff and resources be consolidated with the Finance Department and the Central Services Fund #517 be renamed to Information Technology Services. Packet Attachments (if any) RESOLUTION NO xxxx - Establish new_amend existing funds.docx Moses Lake Council Packet 05-09-23, Page 35 of 83 Overview Resolution #3482, adopted in 2021, established a set of formal financial management policies for the City, including establishing a contingency reserve (Rainy Day Fund) for periodic transfer of excess ending cash balances over the General Fund Reserve balance. The Rainy Day Fund would be established to serve as a budget stabilization account in uncertain economic times, to fund one-time emergency expenditures, or other uses as directed and authorized by Council. Under SEPA, the City is authorized to impose fees to pay for the mitigation of impacts on public facilities and services. The City has collected fire mitigation fees under SEPA for the Maple Landing Planned Development District. Per SEPA and the State Auditor's BARS requirements, fire mitigation fees must be separately accounted for and not commingled with other funds. The City will be required to mitigate/remediate PFAS in the water supply to comply with Federal, State and/or EPA regulations. Funds expended for water supply mitigation/remediation efforts should be tracked and accounted for separately in order to quickly respond to and apply for potential funding assistance or claims. The Human Resources (HR) Department of the City is currently reported as part of the Executive Department of the General Fund. With the growth of the department to include a Director and two full-time staff, we believe that the HR department should be reported in a separate department of the General Fund. Water and Wastewater are currently reported under a single fund but are managed by separate staff members. To more efficiently track the resources of the two divisions, we recommend the creation of separate enterprise funds for Water (#411) and Wastewater (#412). The Central Services fund currently reports the activities of the Information Technology and Utility Billing functions and was . In 2022, the Information Technology (IT) Services department was moved under the direction of the City Clerk's Office. Previously, IT reported to the Finance Department. In 2023, a new IT Director position was approved and in process of being hired. The Utility Billing Department remains the responsibility of the Finance Director. We are recommending that the Central Services fund be renamed to Information Technology Services and the Utility Billing activities and resources be transferred to the Finance Department of the General Fund. Fiscal and Policy Implications The requested fund creations/changes will provide more efficient, accurate and transparent reporting of the resources of each fund/department. Asset, liability and net position balances of the existing funds will be transferred as of 12/31/2023 after a complete and thorough analysis to the appropriate new fund/department and old funds will be closed. Options and Results Approve, Authorize, or Adopt: Adopt resolution to create/amend funds. Provide Amended Direction: Staff will bring back options for recommended changes. No Action Taken: No changes will be made to current fund structure. Moses Lake Council Packet 05-09-23, Page 36 of 83 RESOLUTION NO. 3937 A RESOLUTION TO ESTABLISH NEW FUNDS AND AMEND EXISTING FUNDS. Recitals: 1. RCW 43.09.200 authorizes the state auditor to prescribe a uniform system of accounting. The State Auditor’s Office (SAO) Budgeting, Accounting, and Reporting System (BARS), Section 3.1.1 provides requirements and guidance for the specific fund types and accounting principles to be used by local governments. 2. Governmental accounting focuses on “accountability”, which requires governments to answer to citizens for the actions they take and services they provide. Governmental accounting uses funds to segregate resources related to specific activities. Each fund has a separate set of self-balancing financial records. 3. Resolution #3482 adopted in 2021, established a set of formal financial management policies including establishing a contingency reserve (Rainy-Day Fund) for excess funds above the General Fund cash reserve balance. A Rainy-Day Fund has not previously been created. 4. The City’s authority under SEPA to mitigate environmental impacts includes the authority to impose fees to pay for the mitigation of impacts on public facilities and services. Ordinance 3020, approving the Maple Landing Division No. 2 Planned Development District (Maple Landing PDD), was adopted by Council on January 24, 2023, and includes provisions for the assessment and collection of fire mitigation fees under SEPA. Fire mitigation fees for the Maple Landing PDD and any future fire mitigation fees collected by the City are required to be accounted for separately under the SAO BARS requirements and guidance. 5. The City water system completed a round of sampling in March, 2023 for PFAS at all City wells. Water mitigation/remediation activities will be necessary at sites that test above State and/or EPA limits for PFAS levels. Funds expended to mitigate/remediate PFAS in the water supply should be accounted for separately from other water operations or capital projects in order to quickly respond to and apply for potential funding assistance or damage claims. 6. Expenditures of the Human Resources (HR) department of the City are currently reported as part of the Executive (#001-002) division of the General Fund. In 2021, a Human Resources Director was hired, and the department is now staffed with three full-time employees. To manage and report more accurately, the Finance Department is recommending the creation of a separate HR department in the General Fund and moving the budget and expenditures of HR to a new General Fund department code. Moses Lake Council Packet 05-09-23, Page 37 of 83 7. Water and Wastewater are currently reported together under a single fund (#410). The operations of these two utilities are managed by separate divisions and it is difficult to quickly and easily identify fund balances associated with the activities of the two divisions. To track the resources and fund balances of the two divisions more efficiently, the Finance Department is recommending the creation of separate Water and Wastewater enterprise funds. 8. Utility Billing (UB) and Information Technology Services (IT) are reported under a single internal services fund, Central Services, #517. The UB and IT budgets and activities were the responsibility of the Finance Director until 2022 when IT was moved under the responsibility of the City Clerk’s Office. During the 2023 budget session, staff recommended, and Council approved the addition of an IT Director position to build out the IT department. With this change, the Finance Department is recommending moving the UB staff/activities to the General Fund – Finance department for more efficient management of the two divisions by their respective directors. Resolved: 1. The City Council of the City of Moses Lake hereby authorizes the Finance Director to establish the following new funds: A. Rainy Day Fund, #005 for the transfer of excess funds above the General Fund Cash Reserve balance as periodically authorized by Council. B. Fire Mitigation, #320 to account for the fire mitigation funds collected under SEPA. C. Water Remediation, #322 to account for PFAS water supply mitigation/remediation activities. D. Enterprise fund titled “Water Utility” (#411) to segregate Water resources from Wastewater resources. E. Enterprise fund titled “Wastewater Utility” (#412) to segregate Wastewater resources from Water resources. 2. The City Council of the City of Moses Lake hereby authorizes the Finance Director to amend the following funds effective with the 2024 budget period beginning January 1, 2024: A. Create a separate Human Resources department, #001-008, within the General Fund. B. Transfer the resources related to Water activities from Fund #410 to Fund #411 effective 12/31/2023. C. Transfer the resources related to Wastewater activities from Fund #410 to Fund #412 effective 12/31/2023. D. Close Fund #410 upon the transfer of resources to new Water and Wastewater funds. Moses Lake Council Packet 05-09-23, Page 38 of 83 E. Rename Central Services Fund #517 to Information Technology Services effective 1/1/2024. F. Transfer the staff and appropriate resources related to Utility Billing activities from Fund #517 to General Fund – Finance, #001-003 effective 1/1/2024. ADOPTED by the City Council on May 9, 2023. ________________________________________ Don Myers, Mayor ATTEST: _________________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 05-09-23, Page 39 of 83 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) Allison Williams, City Manager 10664 Richard Law, PE Municipal Services 5/9/2023 Consent Agenda Wells 9, 17, 23, 31, 33 and Dunes Well Rehabilitation Project Change Order #2 (GC2022-086) City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 117,409.12$0.00$117,409.12$ City staff recommends that City Council move to approve the Well Rehabilitation Project Change Order #2 for a total of 117,409.12. The previous contract amount including change order #1 was $541,089.44. The new contract amount will be $658,498.56. GC2022-086 Wells 9, 17, 31, 33 and Dunes Well Rehabilitation Poject Change Order #2.pdf 122.82KB Well Rehabilitation Budget Ammendment For Change Order #2.xlsx 21.06KB Moses Lake Council Packet 05-09-23, Page 40 of 83 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: The Municipal Services Department Engineering Division have identified six city wells that require maintenance and/or well rehabilitation work due to the declining deep aquifer water levels and well equipment that is out of service. The project was advertised for bid under the assumption that the Well 17 motor could be rebuilt. However, after having disassembled and inspected the motor, it has been determined that the motor needs to be replaced. The benefits of completing this project will be to restore the reliability of the wells included in this project to a level of service that the city requires to meet its potable water supply needs in the near-term. This project is a high priority for the near-term water supply requirements of the city. However, this project is not a long-term solution for addressing the declining deep aquifers in the Columbia Basin region. The change order will require a budget amendment in the amount of $117,409.12. Options and Results City staff will execute the change order with the Contractor. Staff will develop options for recommended changes. City staff will not proceed with the change order at this time. Moses Lake Council Packet 05-09-23, Page 41 of 83 Municipal Services Department Change Order Project: Wells 9, 17, 23, 31, 33, and Dunes Well Rehabilitation Project Date: May 9, 2023 Change Order No: 2 Contract No: GC2022-086 Contractor: Empire Well Drilling The following changes are made to the Wells 9, 17, 31, 33 and Dunes Well Rehabilitation Project: 1. The quantity for item 11 “New Line Shaft” is increased from 340 VF to 640 VF. This is an additional 300 vertical feet. The project was bid under the assumption that some colum pipe would need to be replaced on various wells. However, after pulling the colum pipe from Well 9 it has been determined that all of the column pipe needs to be replaced in Well 9. 2. The quantity for item 12 “New Column Pipe” is increased from 420 VF to 1100 VF. This is an additional 680 vertical feet. The project was bid under the assumption that some column pipe would need to be replaced on various wells. However, after pulling and inspecting the column pipe from Well 9, it has been determined that more column pipe needs to be replaced than initially estimated for the project. 3. Item 16 “Well 23 Soft Start Replacement” is added for replacing the Well 23 . The project was bid under the assumption that the soft start was useable. However, after rebuilding and replacing the motor which has allowed further testing, it has become clear that the soft start needs to be replaced. The unit cost for line item 16 shall include all labor, materials and equipment required to replace the Well 23 Soft Start with a new Benshaw Soft Start, setting up the new Soft Start, installing or relocating wiring inside the building, all per the submitted Soft Start plans, project specifications, and as directed by the Engineer. Moses Lake Council Packet 05-09-23, Page 42 of 83 CONTRACT WORKING DAYS: ORIGINAL CONTRACT WORKING DAYS CURRENT CONTRACT WORKING DAYS NET CHANGE WORKING DAYS NEW CONTRACT WORKING DAYS 65 65 +20 85 ITEM NO. DESCRIPTION OF WORK APPROX. QUANTITY UNIT UNIT PRICE AMOUNT Schedule A 11 New Line Shaft 300 VF $99.00 $29,700.00 12 New Column Pipe 680 VF $78.00 $53,040.00 16 Well 23 Soft Start Replacement 1 LS $25,571.00 $25,571.00 Subtotal: $108,311.00 Sales Tax 8.4% $9,098.12 TOTAL: $117,409.12 ORIGINAL CONTRACT AMOUNT CURRENT CONTRACT AMOUNT ESTIMATED NET CHANGE THIS ORDER ESTIMATED CONTRACT TOTAL AFTER CHANGE $487,973.44 $541,089.44 +$117,409.12 $658,498.56 Moses Lake Council Packet 05-09-23, Page 43 of 83 CONTRACTOR ___________________________________ Beau Anderson Date Title: Owner Empire Well Drilling CITY OF MOSES LAKE ______________________________ Allison Williams Date City Manager City of Moses Lake Moses Lake Council Packet 05-09-23, Page 44 of 83 FUND #477 DEPARTMENT # 477 REVENUES: 477-000-30890-1000 117,409.12 117,409.12 EXPENDITURES: 477-477-59434-0693 117,409.12 117,409.12 - EXPLANATION: REVENUES: - EXPENDITURES: - CITY OF MOSES LAKE 2023 BUDGET AMENDMENT 2023 BUDGET TRANSFER When this project went out to bid it was not known that the Well 23 Soft Starter required repair. After rebuilding the motor it was possible to put load on the soft starter and it has been determined that the soft starter needs to be replaced. It has also been determined that much more column pipe and line shaft needs to be replaced at Well 9 than expected. This budget amendment seeks to cover the cost of these additional expenses at Well 23 and Well 9. Moses Lake Council Packet 05-09-23, Page 45 of 83 EXPLANATION: Moses Lake Council Packet 05-09-23, Page 46 of 83 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: Allison Williams, City Manager 10709 Richard Law, PE Municipal Services 5/9/2023 Consent Agenda Sand Dunes WWTP Biofuser Rebuild Project (GC2022-068) City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 208,571.65$300,000.00$0.00$ Staff recommends that the City Council motion to award the Sand Dunes WWTP Biofuser Rebuild Project to the apparent low bidder for $208,571.65. GC2022-068 Sand Dunes WWTP Biofuser Rebuild Project Bid Tabulation 3-29-2023.pdf 200.79KB The Sand Dunes Waste Water Treatment Plant has two aeration basins. These basins depend on air being pumped into each basin through submerged biofuser assemblies. The assemblies include membranes that diffuse the air into bubbles that are released into the wastewater. Over the years, these membranes become clogged and inefficient. As this occurs, the air blowers that supply air to aeration basins start to get overworked. All of this leads to a rise in energy costs and maintenance costs for the city, and a decrease in overall efficiency of the Aeration Basins. The solution to these issues is to rebuild the biofuser assemblies which will include replacing all the membranes that create the air bubbles. In addition to restoring the aeration basin efficiency performance, this project is expected to lower the city's associated maintenance and energy costs. Two bids were received for this project, and city staff opened the bids on March 29, 2023. This project will require budgeted funds to be spent in the amount of $208,571.65. Options and Results City staff will execute the contract with the apparent low bidder. Moses Lake Council Packet 05-09-23, Page 47 of 83 Provide Amended Direction: No Action Taken: Staff will develop options for recommended changes. City staff will wait for further instructions. Moses Lake Council Packet 05-09-23, Page 48 of 83 PROJECT NAME: Sand Dunes WWTP Biofuser Rebuild Project BID RESULTS 1 Mobilization 1-09 1 LS $15,000.00 $15,000.00 $6,446.34 $6,446.34 $22,500.00 $22,500.00 2 Rebuild Biofuser Assembly 8-34 306 EA $495.00 $151,470.00 $137.07 $41,943.42 $625.00 $191,250.00 3 Install New Biofuser Assembly 8-34 17 EA $375.00 $6,375.00 $1,572.83 $26,738.11 $150.00 $2,550.00 4 Replace Biofuser Tube/Sheath Assembly 8-34 85 EA $50.00 $4,250.00 $403.22 $34,273.70 $50.00 $4,250.00 5 Replace Downcomer Nozzle Assembly 8-34 30 EA $75.00 $2,250.00 $933.14 $27,994.20 $50.00 $1,500.00 6 Replace Manifold Assembly 8-34 40 EA $70.00 $2,800.00 $703.37 $28,134.80 $50.00 $2,000.00 7 Replace Counterweight 8-34 34 EA $25.00 $850.00 $790.55 $26,878.70 $50.00 $1,700.00 182,995.00$ $192,409.27 $225,750.00 8.4%15,371.58$ $16,162.38 $18,963.00 198,366.58$ $208,571.65 $244,713.00 Amount Has Been Corrected Color Key UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT PROJECT NUMBER: GC2022-068 SUBTOTAL SCHEDULE A SALES TAX Total Schedule A ITEM ITEM DESCRIPTION SECTION APPROX. QUANTITY Engineers Estimate Industrial Construction of Washington West Richland, WA POW Contracting Pasco, WASchedule A: Wastewater Improvements UNIT PRICE AMOUNT Moses Lake Council Packet 05-09-23, Page 49 of 83 Council Staff Report Agenda Item Number: Department Proceeding Type Expenditure Required:Amount Budgeted:Appropriation Required: 10713 Administration New Business To: Allison Williams, City Manager From Rich Huebner, Assistant City Manager For Agenda of: 5/9/2023 Subject 2023 Supplemental Lodging Tax Funding Recommendations Reviewed and Approved by: City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 45,451.20$45,451.20$45,451.20$ Action Requested City Council motion to approve the 2023 Supplemental Lodging Tax Funding recommendations. Packet Attachments (if any) Moses Lake Council Packet 05-09-23, Page 50 of 83 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: At its November 8, 2022 meeting, the Moses Lake City Council approved the recommendations of the Lodging Tax Advisory Committee (LTAC) of $386,569 in funding to 14 applications. One of the applications approved at that time was $5,000 to the Grant County Fairgrounds for the MoraVida Festival. As part of its action, the City Council approved this initial award and remanded the application to the LTAC for further consideration after the end of the calendar year, to determine if additional funding was available and appropriate. The LTAC met on Friday, April 21, 2023 to consider the remanded application and three requests received, each from the City of Moses Lake: revision of the previously approved Visitor Information Center (VIC) budget (no additional funds requested), the Red, White & Boom celebration fireworks (referred from City Council as a request to fund the fireworks), and a visitor data analytics agreement with Datafy (a request from the LTAC to help measure visitor impact). The Lodging Tax is an excise tax authorized by State law in RCW 67.28, Public Stadium, Convention, Arts and Tourism Facilities. The City of Moses Lake has imposed an excise tax on charges for lodging by hotels, motels, and similar business enterprises, pursuant to Chapter 82.08 RCW. In Moses Lake the total tax on lodging is 4% (this includes the original 2% sales tax credit and the additional 2% special excise tax). By State Law, the Lodging Tax Advisory Committee is chaired by an elected official of the City and has positions for two generators of the hotel-motel tax and two potential recipients. Council Member David Eck is the current LTAC Chair, and the additional members are Rich Hanover and Barry Lawson (both representing potential recipients, the Port and DMLA), and Tim Molitor (representing a tax generator); there is currently an open position for a tax generator. The LTAC members voted unanimously to submit the following recommendations to the City Council for its consideration: 1. MoraVida Festival: $5,000 (added to the original $5,000 award for a total allocation of $10,000) 2. VIC Budget Revision: approve 3. Red, White & Boom fireworks: $27,000 (from the City's 2% instead of LTAC funding) 4. Datafy Visitor Analytics: $13,451.20 The total recommended allocation is $45,451.20. This amount is available within the adopted budget. As part of its approval for the Red, White & Boom application, the LTAC recommends that the City issue a Request for Proposal/Qualifications (RFP/Q) for a professional event manager to operate the City's Independence Day event in future years. By law, the City Council must concur with the recommendations of the LTAC. Should City Council wish to change an allocation, that recommendation needs to go back to the LTAC for consideration. The City of Moses Lake has established a special revenue fund titled “Tourism Activities Fund” to account for the lodging tax receipts and related tourism promotion expenditures. As set forth in RCW 67.28.1816, the revenues received from the City’s hotel/motel tax may be used for the following purposes only: 1. Tourism marketing; 2. Marketing and operations of special events and festivals designed to attract tourists; 3. Operations and capital expenditures of tourism-related facilities owned or operated by a municipality or a public facilities district; 4. Operations of tourism-related facilities owned or operated by non-profit organizations. The LTAC recommends 2% of the funding for tourism events and marketing and the other 2% is reserved for capital project support. A reserve has been established by the LTAC to fund a future capital project. These are 2023 funds that are a part of the proposed 2023 budget. Options and Results Staff recommends City Council approve the recommendations of the Lodging Tax Advisory Committee. Moses Lake Council Packet 05-09-23, Page 51 of 83 Provide Amended Direction: No Action Taken: The recommendation will be remanded to the Lodging Tax Advisory Committee for consideration. The above described projects will not be awarded Lodging Tax funds. Moses Lake Council Packet 05-09-23, Page 52 of 83 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 Allison Williams, City Manager 10740 Water Resources Committee Municipal Services 5/9/2023 Old Business Water Conservation Measures City Manager Finance Fire City Attorney Community Development Police Human Resources Municipal Services Parks, Rec, & Cultural Services 0.00$0.00$0.00$ Staff recommends Council consider the adoption of the ordinance and resolution as presented. WA State Dept of Health_Unrepaired Leaks (002).pdf 88.42KB DRAFT ORDINANCE Title 13 REVISED - May 9 Agenda, 5.3.23.docx 25.47KB RESOLUTION - FEE SCHEDULE AMENDMENT_13.07.060_May 9 Agenda.docx 15.63KB 23-03-17 MOSES LAKE PURVEYOR PROFILE.pdf 1.21MB August 2022 Consumption.docx 22.16KB December 2022 Consumption.docx 21.71KB At the Aprill 11, 2023 Council meeting, Council directed staff to address and provide clarification for proposed water conservation measures including: a sunset provision for watering restrictions, City led conservation efforts, and to provide clarification about the 72-hour timeframe for stopping leaks. As stated in the City of Moses Lake Water Purveyor Profile, "The City of Moses Lake continues to see declining water levels in most of the City's wells. These declining water levels have resulted in a decreased ability to provide water to the community. The City is currently evaluating other water sources, enhancing water conservation as well as education and outreach, working to reduce reliance on potable water as a primary source, completing multiple storage and well rehabilitation projects, and identifying elements in city code that need to be updated to meet Council goals." The Water Resources Committee would like to propose the following code revisions in an effort to enhance the existing water conservation measures and help protect one of the region's most invaluable resources, our water. Chapter 13-07-010 Water Conservation, Restrictions, and Rationing Moses Lake Council Packet 05-09-23, Page 53 of 83 Fiscal and Policy Implications Approve, Authorize, or Adopt: Extend the current conservation requirements to be year-round. - The current code requires water conservation June 1st thru September 31st Switch from odd/even calendar days to designated days of the week, allowing all customers three days per week to irrigate. Prohibit irrigation on Mondays. -Mondays often see the highest potable use resulting in strain refilling the reservoirs. Restricting irrigation use during heat of the day, 10:00 a.m. to 7:00 p.m. -Currently the code does not restrict irrigation during the hottest times of the day. -10% of all irrigation is lost when temperatures exceed 100 degrees. Restricting irrigation use during or 48 hours after a measurable rainfall event. -Measurable rainfall means all precipitation reported at the Grant County International Airport greater than .01 inches during any 24-hour period. Creation of a Sod/Turf Permit for one address per year. -This will ensure permit holders can install sod/turf with unrestricted watering for up to 14 days. -The permit will be issued by the Public Works office. Water conservation measures will be revisited every two years, beginning February 2025, following a review of water resource availability. City Parks will observe the following water regulations. -No zone using potable water for irrigation purposes, will run more than three times per week with the following exemptions: *High tourism value parks: Larson Playfield, Laurzier Playfield, and Yonezawa Park *City parks without remote watering capabilities are exempt from time-of-day watering restrictions, these parks must be manually watered during work hours. *Upon written request of the Director of parks, Recreation, and Cultural Services, the City Manager may approve a one-day exemption to watering restrictions to promote turf recovery following a Special Event held at the park. Specific Water Restrictions/Rationing will be defined on a case-by case basis. There are no proposed changes regarding enforcement of water conservation for Chapter 13.07.010. Chapter 13.07.060 Water Use Require immediate attention (up to 72 hours) to water leaks to reduce unnecessary water loss. -Unrepaired leaks can result in tens of thousands of water loss in just a few days. -Temporary measures can be taken to stop or bypass leaks, while still providing water supply to the home for occupants. Require use of water saving devices such as hose nozzle when using potable water to wash vehicles or outdoor hardscape features such as sidewalks, driveways, decks, and patios. There is a cost associated with dispatching staff to turn the water meter off and on if a leak is not repaired or stopped within 72 hours. The proposed Fee Resolution and Code revisions ensure the City is not gifting services and is recouping the expense to provide the service. Options and Results Implement these changes upon the effective date of the ordinance and resolution. Moses Lake Council Packet 05-09-23, Page 54 of 83 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. Continue processing in the current manner. Moses Lake Council Packet 05-09-23, Page 55 of 83 Unrepaired Leaks Can Be Costly Water Loss in Gallons at 50 psi Leak this Size Loss per Day Loss per Month Loss per Year 120 3,600 43,200 360 10,800 129,600 693 20,790 249,480 1,200 36,000 432,000 1,920 57,600 691,200 Drinking Water - It’s Worth Saving •••••3,096 92,880 1,114,560 4,296 128,880 1,546,560 6,640 199,200 2,390,400 6,984 209,520 2,514,240 Offi ce of Drinking Water 1-800-521-0323http://www.doh.wa.gov/ehp/dw/ •••• Moses Lake Council Packet 05-09-23, Page 56 of 83 ORDINANCE 3025 AN ORDINANCE AMENDING THE MOSES LAKE MUNICIPAL CODE TITLE 13 WATER, SEWERS, AND PUBLIC UTLITIES. Recitals: 1. The City of Moses Lake continues to see declining water levels in most of the City’s wells because of the declining aquifer resulting in a decreased ability to provide water to the community; and, 2. The need for water conservation is critical; and, 3. Restrictions on use of potable water for landscape irrigation are necessary to conserve water resources; and, 4. Parks are essential to the community by providing larger common spaces for recreation and relaxation and providing a yard, turf, and open space housing facilities without one. Additionally, the city’s larger parks are home for the many community youth and adult sports leagues, the host for tournaments and large special events that attract teams statewide and from neighboring states which promotes tourism and brings visitors to the community. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Moses Lake Municipal Code Section 13.07.010 titled “Water Conservation, Restrictions, and Rationing” is amended as follows: 13.07.010 Water Conservation, Restrictions, and Rationing: A. Conservation. To designate the months of June, July, August, and September as mandatory months of water conservation. Addresses with odd numbers shall be allowed to irrigate and wash vehicles on odd- numbered calendar days. Addresses with even numbers will be allowed to irrigate and wash vehicles on even- numbered calendar days. Properties with irrigation meters that are two inches (2") and larger will be restricted to irrigate from midnight to 8:00 a.m. or on a schedule approved by the Municipal Services Director. All odd numbered addresses shall be allowed to irrigate on Wednesday, Friday, and Sunday. All even numbered addresses shall be allowed to irrigate on Tuesday, Thursday, and Saturday. All irrigating shall be prohibited between the hours of 10:00 a.m. through 7:00 p.m. All irrigating shall be prohibited on Mondays. The application of potable water to outdoor landscapes during and within 48 hours after measurable rainfall shall be prohibited. Measurable rainfall means all precipitation reported at The Grant County International Airport greater than 0.01 inches during any 24-hour period as reported by The National Weather Service. New sod/turf may be irrigated irrespective of these provisions provided a New Sod/Turf Permit is first obtained from the Moses Lake Council Packet 05-09-23, Page 57 of 83 City of Moses Lake Public Works allowing 14 days of unrestricted water use to irrigate new sod/turf. Only one sod/turf permit shall be permitted per address per calendar year, except when a change in property ownership occurs, allowing for potential re-permitting during the same year. Water conservation measures will be revisited every two years, beginning February 2025, following a review of water resource availability. After a written warning for the first offense, the second offense will incur a C-13 penalty as outlined in the Fee Schedule of pursuant to Chapter 1.08. A third offense will be subject to a C-7 penalty. B. Exemptions for City Parks. City parks irrigating on City’s potable water system will be limited to watering three days each week with a specific schedule to be determined by the Parks Superintendent. No zone of a city park irrigation system connected to the city potable water system will be irrigated more than three days each week with the following exceptions. 1. Larson Playfields, Paul Lauzier Park, and Yonezawa Park have high tourism value, and currently an alternative source isn’t available so in the interim there will be an exemption. This exemption will be revisited annually as resources are identified. 2. City Parks without timers or remote watering capabilities will be exempt from the time-of-day watering restrictions. City Park staff will maintain a current list of these parks. As park infrastructure is updated and timers are added to these parks, they will be removed from the exemption list. 3. Upon written request of the Director of Parks, Recreation, and Cultural Services, the City Manager may approve a one-day exemption to watering restrictions to promote turf recovery following a Special Event held at the park. B.C. Notice to Begin Water Restrictions. The Municipal Services Director will place a notice in the local newspaper and provide a public announcement on the City’s social media as well as to the radio stations that are in the area. The notice will state the requirements for individuals or organizations for irrigating and washing vehicles. Water restrictions will be effective immediately upon publication and broadcast. After a written warning for the first offense, the second offense will incur a C-13 penalty pursuant to Chapter 1.08. A third offense will be subject to a C-7 penalty. Further infractions will be subject to a C-4 penalty. C. Restrictions. Water restrictions may be necessary when the Municipal Services Director determines that the City water system is insufficient to meet the forecasted demand for any water distribution zone of the City water system. Addresses with odd numbers shall be allowed to irrigate and wash vehicles on odd-numbered calendar days. Addresses with even numbers will be allowed to irrigate and wash vehicles on even-numbered calendar days. Properties with irrigation meters that are two inches (2") and larger will be restricted to irrigate from midnight to 8:00 a.m. or on a schedule approved by the Municipal Services Director. After a warning for the first offense, the second offense will incur a C-13 penalty as outlined in the Fee Schedule of Chapter 1.08. A third offense will be subject to a C-7 penalty. Further infractions will be a C-4 penalty. Moses Lake Council Packet 05-09-23, Page 58 of 83 D. Rationing. Water rationing will be implemented during emergency conditions as determined by the City Manager and Municipal Services Director. E. Notice to End Water Restrictions and Rationing. The Municipal Services Director will place a notice in the local newspaper and provide a public announcement on the City’s social media as well as to the radio stations that are in the area that states water rationing is no longer required. Section 2. Moses Lake Municipal Code Section 13.07.060 titled “Water Use” is amended as follows: 13.07.060 Water Use: A. Wasting water as a result of leaking pipes and using water for purposes other than what would be normally used to service the property is prohibited. Customers shall repair or stop all water leaks upon discovery or within 72 hours of notification by the City. If a water leak is not stopped or repaired within 72 hours, the meter will be shut off by the City to prevent wasting of water. The utility account will be assessed water leak disconnection and reconnection fees in accordance with the adopted fee schedule. Customers shall not use a hose that dispenses potable water to wash a motor vehicle except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use. Customers shall not wash down sidewalks, driveways, parking areas, tennis courts, or other paved areas without using a power washer or a hose with a shut-off nozzle. Washing any paved areas is only allowed to alleviate immediate safety or sanitation hazards. Water shall be collected and prevented from leaving the property and entering the municipal separate storm sewer system. The prohibition on wasting water shall be enforced by the Utility Service Supervisor Municipal Services Director or their designee pursuant to Chapter 1.20. B. No connection will be made to allow supplying water from one property to another property. Section 3. 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 May 9, 2023. _____________________________________ Don Myers, Mayor Moses Lake Council Packet 05-09-23, Page 59 of 83 ATTEST: _______________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: _______________________________________ Katherine L. Kenison, City Attorney Vote: Martinez Swartz Myers Fancher Madewell Eck Skaug Aye Nay Abstain Absent Date Published: May 15, 2023 Date Effective: May 20, 2023 Moses Lake Council Packet 05-09-23, Page 60 of 83 RESOLUTION 3938 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON AMENDING THE CITY OF MOSES LAKE 2023 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 reflect current costs; and 3. In keeping with the policy 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. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOSES LAKE: Section 1. The following items will be added to the 2023 Fee Schedule: Utility Administrative Disconnection of Water for non-compliance with MLMC 13.07.060A to repair/stop water leak. $65.00 Utility Administrative Reconnection of Water for non-compliance with MLMC 13.07.060A to repair/stop water leak. $65.00 Section 2. Severability. If any sections, sentence, clause, or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its application to any other person, property or circumstance. ADOPTED by the City Council on May 9, 2023. ________________________________________ Don Myers, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 05-09-23, Page 61 of 83 As a result of the deep aquifer decline, the City of Moses Lake is experiencing serious water supply issues ... Solutions to this issue are not easy and require a comprehensive approach, first among those is a committed and coordinated effort by all of our partners in the region. Education and outreach Additional tier-rates for all users Developing plans to reduce potable water irrigation usage on city owned properties and recreation facilities. Current normal water system demand is 4.2 mg/d. Summer demand is 16 mg/d. This increase is well outside of national averages and planning standards (AWWA). Six of our 18 wells currently require additional summer demand monitoring and management because of lost aquifer capacity, with peak day demand at 20 - 22mg. In 2022, the city invested in an aggressive conservation campaign that includes: The city is committing to a 5-year potable water irrigation reduction of 50% and are in the process of updating the 2015 Comprehensive Water System Plan. When the city transitions to surface/shallow water, the required treatment and estimated cost for total water needs is in excess of $230M. MAJOR ISSUES PUBLIC SAFETY The City of Moses Lake continues to see declining water levels in most of the city’s wells. These declining water levels have resulted in a decreased ability to provide water to the community. The city is currently evaluating other water sources, enhancing water conservation as well as education and outreach, working to reduce reliance on potable water as a primary irrigation source, completing multiple storage and well rehabilitation projects, and identifying elements in city code to meet council goals. CITY OF MOSES LAKE W A T E R P U R V E Y O R P R O F I L E Reduced Pumping Capacity Intermittent Well Failures Insufficient Budget to Address Issues Public Safety Concern Fire Protection Concern Six of 18 wells currently require additional summer demand monitoring and management. Updating groundwater model Sustainable source identification Shallow suprabasalt sediment Regulatory Support Acquiring the necessary water rights. Streamlining water transfer process IMMEDIATE NEEDS WATER SOURCES 18 GROUNDWATER WELLS Depth: 500 - 1200 ft Pump Range: 400 - 750 ft Sources: Wanapum, Grande Ronde CONCERNS Deep water: Soft, Warm, Hydrogen Sulfide Shallow water: Hard, Calcium Variable Water Composition FAST FACTS Service Population: 26,040 (2022) Median Income: $60,000 (2020) Water Rates: Single Family Tier 1 $0.42/100cft Single Family Tier 2 $1.27/100cft Single Family Tier 3 $2.65/100cft Additional Rates: Multi-Family Rate $0.85/100cft Commercial Rate $1.02/100cft Industrial Rate $1.02/100cft Irrigation Rate $1.25/100cft Growth Rate: 3% per year Main Industries: Agriculture, Technology, and Manufacturing CONTACTS Kirk Holmes Interim Municipal Services Director, City of Moses Lake kholmes@cityofml.com Chad Strevy Water Division Manager, City of Moses Lake cstrevy@cityofml.com Funding for water rights and infrastructure. Determine viability of surface water as a potential treated and potable source Potential transfer of existing deep aquifer rights to shallow water rights. -Allison Williams, City Manager Moses Lake Council Packet 05-09-23, Page 62 of 83 Residential 51%Duplex 2% Multi-Family 6% Commercial 10% Industrial 8% Irrigation 9% Churches >1% Government 14% August 2022 Water Use by User Class Residential (234 MG) Duplex (8 MG) Multi-Family (27 MG) Commercial (46 MG) Industrial (36 MG) Irrigation (43 MG) Church (2 MG) Government (61 MG) August 2022 Consumption % Water Use by User Class User Class # Accounts Billed Cubic Feet Gallons MG 51% Residential (234 MG) 7,800 31,333,500 234,374,580 234 2% Duplex (8 MG) 231 1,149,600 8,599,008 8 6% Multi-Family (27 MG) 239 3,577,700 26,761,196 27 10% Commercial (46 MG) 938 6,124,200 45,809,016 46 8% Industrial (36 MG) 19 4,775,200 35,718,496 36 9% Irrigation (43 MG) 269 5,709,700 42,708,556 43 1% Church (2 MG) 38 265,700 1,987,436 2 14% Government (61 MG) 171 8,224,500 61,519,260 61 Total Consumption 61,160,100 457,477,548 457 Moses Lake Council Packet 05-09-23, Page 63 of 83 December 2022 Consumption % Water Use by User Class User Class # Accounts Billed Cubic Feet Gallons MG 36% Residential (37 MG) 7,781 4,930,300 36,878,644 37 2% Duplex (2 MG) 232 272,200 2,036,056 2 15% Multi-Family (16 MG) 239 2,084,300 15,590,564 16 19% Commercial (20 MG) 924 2,684,500 20,080,060 20 18% Industrial (18 MG) 19 2,464,700 18,435,956 18 >1% Irrigation (0.60 MG) 103 87,600 655,248 1 1% Church (0.40 MG) 38 48,900 365,772 0 9% Government (9 MG) 152 1,213,400 9,076,232 9 Total Consumption 13,785,900 103,118,532 103 Residential 36% Duplex 2% Multi-Family 15% Commercial 19% Industrial 18% Irrigation >1% Churches >1%Government 9% December 2022 Water Use by User Class Residential (37 MG) Duplex (2 MG) Multi-Family (16 MG) Commercial (20 MG) Industrial (18 MG) Irrigation (0.60 MG) Church (0.40 MG) Government (9 MG) Moses Lake Council Packet 05-09-23, Page 64 of 83 Moses Lake Council Packet 05-09-23, Page 65 of 83 Moses Lake Council Packet 05-09-23, Page 66 of 83 Moses Lake Council Packet 05-09-23, Page 67 of 83 Larson Recreation Center Quarter 1 2023 Parks, Recreation and Cultural Services Moses Lake Council Packet 05-09-23, Page 68 of 83 Facility Rentals Meetings, Events, Etc.: 9 Birthday Party’s: 5 Business After Hours Wedding Anniversaries GTA Board Workshop Farmers Market Annual Meeting Economic Development Meetings Grant County Conservation District Seminars HOA Meetings Birthday Parties Hockey Meetings/Parties Special Olympics Parties 9/3/20XX Presentation Title 2Moses Lake Council Packet 05-09-23, Page 69 of 83 Programs held at the LRC -Drop In Basketball -Drop In Pickleball -Open Gym -City League: Futsal, Women’s Volleyball, Co-ed Volleyball, and Basketball -Tot Sports -Dodgeball -Special Olympics: Cheer, Basketball and Weight Training -Sports Contests -Sports Tournaments -Group Exercise Classes: Yoga, Zumba, Pound, PiYo, HIIT Bootcamp, Women’s Bodybuilding and more. 9/3/20XX Presentation Title 3Moses Lake Council Packet 05-09-23, Page 70 of 83 LRC Day Passes 614, 20% 58, 2% 407, 13% 69, 2% 1960, 63% Adult Senior Teen Youth 6 & under/Specators Moses Lake Council Packet 05-09-23, Page 71 of 83 LRC Monthly Passes Adult Senior Teen Youth Monthly 36 14 3 0 6 Month 5 5 2 0 Annual 7 0 2 0 Council April 25, 2023 LRC Quarter 1, 2023 5Moses Lake Council Packet 05-09-23, Page 72 of 83 LRC Punch Passes 3712123PUNCH PASSES Adult Senior Teen Youth Council 4/25/2023 LRC Quarter 1, 2023 6Moses Lake Council Packet 05-09-23, Page 73 of 83 9/3/20XX LRC Quarter 1, 2023 7 0.00 20,000.00 40,000.00 60,000.00 80,000.00 100,000.00 120,000.00 140,000.00 ACTIVITY FEE - LRC PASS FEES ACTIVITY FEE - LRC RENTALS LRC-Revenue-Q1-2023 Revised Budget Total Commi�ed % of Budget Moses Lake Council Packet 05-09-23, Page 74 of 83 9/3/20XX LRC Quarter 1, 2023 8Moses Lake Council Packet 05-09-23, Page 75 of 83 9/3/20XX LRC Quarter 1, 2023 9 0.00 20,000.00 40,000.00 60,000.00 80,000.00 100,000.00 120,000.00 140,000.00 160,000.00 180,000.00 LRC-Materials/Supplies/Services Expenses-Q1 Revised Budget Total Commi�ed % of Budget Moses Lake Council Packet 05-09-23, Page 76 of 83 9/3/20XX LRC Quarter 1, 2023 10 0.00 200,000.00 400,000.00 600,000.00 800,000.00 1,000,000.00 1,200,000.00 Total Revenue Total Expenses Overall LRC Revnue/Expense-Q1 2023 Revised Budget Total Commi�ed % of Budget Moses Lake Council Packet 05-09-23, Page 77 of 83 Thank you April 25, 2023 LRC Quarter 1, 2023 11 Doug Coutts Parks, Recreation and Cultural Services Director Moses Lake Council Packet 05-09-23, Page 78 of 83 Department Fee typeFee Description2023 recommended fee ActionExplanationParks Larson Recreation CenterApplication Fee-Non-refundable$50.00 DeleteFee is too high/already have Citywide Facility Rental Application Processing fee in place of $25 that could applyParks Museum & Art CenterMuseum Field Trips$4-$5 per person Delete $4 feeOnly using the $5 fee. No need for the $4 levelPRCS Museum & Art CenterMuseum School Outreach Program$3 per StudentAddFee for remote programs at school locationsPRCS AdminConcessionaire agreement on City Property-Non-Profit organization10% of Gross Revenue AddExisting fee-not currently shown on fee schedulePRCS AdminConcessionaire agreement on City Property-For-Profit entity15% of Gross Revenue AddExisting fee-not currently shown on fee schedulePRCS Larson Recreation CenterSummer Student Membership-with current hs/College ID-100 day membership$100.00 AddNew membership targeting High School and College students in town for summer breakPRCS Larson Recreation CenterRoller Skating Admission (Discounted Days) (per person) $1S/$1Y/$2A AddExisting fee-not currently shown on fee schedulePRCS Larson Recreation CenterRoller Skating Admission (per person) $4S/$4Y/$5AAddExisting fee-not currently shown on fee schedulePRCS Larson Recreation CenterRoller Skate Rental $1 per session AddExisting fee-not currently shown on fee schedulePRCS Larson Recreation CenterBirthday Party Package (Roller Rink) (1-10 participants) $155 per session AddNew feePRCS Larson Recreation CenterBirthday Party Package (Ice Rink) (1-10 participants) $220 per 2 hours ChangeAdd "Ice Rink" to the fee descriptionPRCS Larson Recreation CenterBirthday Party Package (Ice Rink) Additional Paricipants$22 per participant ChangeAdd "Ice Rink" to the fee descriptionPRCS Larson Recreation CenterRoller Skate Rental $125/hrAddNew Rental FeePRCS Larson Recreation CenterRoller Skate Rental Additional Participants (includes skates)$4/person AddNew FeePRCS Museum & Art CenterMuseum Rental-Non Profit $150.00 per hour AddBefore we ask for this, we need some clarity on where rental fees are going. If we have to spend out of our salary budget to cover, this won't make sense for us. PRCS Museum & Art CenterMuseum Rental-For Profit $297.12 per hourAddSee note above PRCS Museum & Art CenterCommission for Museum Consignments30% to the Museum AddConsignment sale fee currently in practicePRCS GeneralRental Attendant$30.00 per hour AddNew fee to cover cost of a rental attendant for larger rentals or rentals with alcoholMoses Lake Council Packet 05-09-23, Page 79 of 83 RESOLUTION 3939 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON AMENDING THE CITY OF MOSES LAKE 2023 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 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 3923 on November 22, 2022. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOSES LAKE: Section 1. The following items will be corrected on the 2023 Fee Schedule: Parks Museum & Art Center Museum Field Trips $4-$5 per person Parks Larson Recreation Center Application Fee-Non-refundable $25.00 $50.00 Section 2. The following items will be added to the 2023 Fee Schedule: PRCS Museum & Art Center Museum School Outreach Program $3 per Student PRCS Admin Concessionaire agreement on City Property-Non-Profit organization 10% of Gross Revenue PRCS Admin Concessionaire agreement on City Property-For-Profit entity 15% of Gross Revenue PRCS Larson Recreation Center Summer Student Membership-with current hs/College ID-100 day membership $100.00 PRCS Larson Recreation Center Roller Skating Admission (Discounted Days) (per person) $1S/$1Y/$2A PRCS Larson Recreation Center Roller Skating Admission (per person) $4S/$4Y/$5A PRCS Larson Recreation Center Roller Skate Rental $1 per session PRCS Larson Recreation Center Birthday Party Package (Roller Rink) (1-10 participants) $155 per session PRCS Larson Recreation Center Roller Skate Rental $125/hr Moses Lake Council Packet 05-09-23, Page 80 of 83 PRCS Larson Recreation Center Roller Skate Rental Additional Participants (includes skates) $4/person PRCS Museum & Art Center Museum Rental-Non Profit $150.00 per hour PRCS Museum & Art Center Museum Rental-For Profit $297.12 per hour PRCS Museum & Art Center Commission for Museum Consignments 30% to the Museum PRCS General Rental Attendant $30.00 per hour Section 3. The following items will be amended on the 2023 Fee Schedule: PRCS Larson Recreation Center Birthday Party Package (Ice Rink) (1-10 participants) $220 per 2 hours PRCS Larson Recreation Center Birthday Party Package (Ice Rink) Additional Participants $22 per participant Section 4. Severability. If any sections, sentence, clause, or phrase of this Resolution shall be held to be invalid or unconstitutional by a court of competent jurisdiction, or its application held inapplicable to any person, property or circumstance, such invalidity or unconstitutionality or inapplicability shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Resolution or its application to any other person, property or circumstance. ADOPTED by the City Council on May 9, 2023. ________________________________________ Don Myers, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 05-09-23, Page 81 of 83 April 5, 2023 To: Moses Lake City Council From: Megan Watson, Coalition Coordinator of Moses Lake Community Coalition Alicia Devereux, Executive Chair of Moses Lake Community Coalition Matt Paluch, Vice Executive Chair of Moses Lake Community Coalition Re: Quarterly Report January-March 2023 Moses Lake Community Coalition has been actively pursuing objectives from our strategic plan. The following descriptions include the measures we have taken from January 2023- March 2023. Services provided: 1. Community Mental Health Promotion: We continue to support the Youth Action Team at Moses Lake High School. They are currently working on two projects. One of those being a pocket mental health guide for students. They are still in the layout and design phase of this project. Their goal is to have this completed before the end of the school year so these guides, full of tips, facts, and games, can be distributed to students before the end of the school year. 2. Family Management Promotion: MLCC has successfully implemented our Strengthening Families Program at Endeavor Middle School. We have 7 families that began the classes with us and 5 that graduated. We saw an average of 20 attendees each week. By the end of the program the participants felt much more informed and we heard a lot about the concepts that we were teaching being utilized in homes. Many of the youth built up great bonds with each other (this was evidenced by the number of Tik Toks they created together). Overall, it was a successful implementation and we look forward to running this program again in the fall. We do currently have some folks that could not attend this round due to scheduling conflicts but have asked to participate the next time around. 3. Outreach & Community Education Workshops: We had two major events this past month. The first was our Town Hall event. This consisted of a data presentation from Grant County Health District describing the nature of opioid use here locally. We also heard a personal story from one of the specialists from Recovery Navigator Program in which she discussed how Narcan saved her life. We heard from a firefighter/ paramedic about what her experience has been working on individuals who have overdosed. We heard about services available now compared to years past from another individual from the Recovery Navigator Program. We had the Mobile Outreach Team from Renew do a demonstration about how to use Narcan in an overdose and we talked a bit about what parents and community can do for prevention of youth substance use. In addition, we supported the Grant County Suicide Task Force with an mlwatson@grantcountywa.gov MLCOMMUNITYCOALITION.ORG Moses Lake Community Coalition 840 E Plum St Moses Lake, WA 98837 509-797-5242 | 509-765-9239 5321 Moses Lake Council Packet 05-09-23, Page 82 of 83 event called Johnny’s Ambassadors. Presenter Laura Stack spoke at Vanguard Academy and Moses Lake High School for students about the dangers of high potency marijuana and dabbing. She also provided an evening presentation at CB Tech for parents. All presentations were well attended. Lastly, we have begun planning our 2023 Key Leader Event in which we will collaborate with coalitions from Soap Lake, Quincy, Mattawa, and Royal City to put on a county-wide event. We will focus on risk and protective factors as well as host a guest speaker, Dr. Jason Kilmer, to provide in-depth prevention information. 4. Moses Lake Community Coalition: Our coalition and Executive Leadership Team continue to meet monthly. Our coalition currently has 52 voting members that have signed a Coalition Involvement Agreement. Our coalition partner list is up to 96 individuals and our newsletter circulation is currently 207. We are currently preparing for strategic planning and will be able to provide the city council with our updated action plan by the next quarterly update. We are also applying this month for a DFC (Drug Free Communities) grant so we can expand our paid staff and therefore expand our services. MLCC continues to make strides towards achieving our action plan goals. We would like to thank the city council again for supporting these efforts. Please feel free to reach out with any questions or concerns. We would be happy to provide additional details at the city council’s behest. Sincerely, Megan Watson Coalition Coordinator, Moses Lake Community Coalition mlwatson@grantcountywa.gov MLCOMMUNITYCOALITION.ORG Moses Lake Council Packet 05-09-23, Page 83 of 83