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FINAL 2023 0613 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, June 13, 2023 Moses Lake Civic Center – 401 S. Balsam or remote access* Study Session 6 p.m. – Groundwater Management Area Study Update – Aquifer Status Kevin Lindsey, GeoEngineers 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 - Yonezawa Japan Sister City Proclamation - Parks, Recreation, and Cultural Services Board Appointment - New Parks, Recreation, and Cultural Services Committee Appointments Additional Business City Manager’s Report -Fire Department Recognition of Heroic Citizen - PRR, Inc. Contract Review Public Hearing #1 Motion pg 4 Interim Control for Covered Parking Findings Ordinance 3026 Presented by Kirsten Sackett, Community Development Director Summary: Council to hear from public Moses Lake Council Packet 6-13-23, Page 1 of 112 June 13, 2023 City Council Meeting Page 2 _________________ #2 pg 13 6-Year Transportation Improvement Program Resolution 3940 Motion Presented by Richard Law, City Engineer Summary: Hear from public and consider adoption 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. #3 pg 22 a.City Council Meeting Minutes Dated May 9, 11, 18, 19, 23, 2023 b.Claims and Payroll c.COF Raw Waste Upgrade Amendment #5 d.Westshore Dr. Gravity Sewer Budget Amendment e.Professional Services Contract with Elevate Government Affairs, LLC f.Accept Improvements – Stratford & Valley Signal Emergency Project Old Business #4 Motion x2 pg 94 Water Conservation Code/Fee Update Ordinance 3029, Resolution 3941 Presented by Richard Law, City Engineer Summary: Council to review and consider adoption New Business #5 #6 Motion pg 106 Shoreline Master Plan Amendment – First Reading Presented by Kirsten Sackett, Community Development Director Summary: Council to review and discuss Shoreline Master Plan Can be found here: https://cityofml.com/351/Shoreline-Permits pg 110 Red, White and Boom! Fee Waiver Request Presented by Doug Coutts, Parks, Recreation, and Cultural Services Director Summary: Council to review and consider approval Administrative Reports Council Committee Reports Adjournment Next Regular Council Meeting is scheduled for June 27, 2023 Moses Lake Council Packet 6-13-23, Page 2 of 112 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. *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 6-13-23, Page 3 of 112 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 Kevin Fuhr, Interim City Manager 11162 Kirsten Sackett Community Development 6/13/2023 Public Hearing Interim Control for Covered Parking Findings Ord. 3026 City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 0.00$0.00$0.00$ Staff is requesting that City Council hold a public hearing to receive testimony on the Interim Emergency Land Use Regulations and Official Controls pursuant to RCW 35A.63.220 and RCW 36.70A.390 for open surface parking within the R-1 Residential Zoning District. In addition, direct the commencement of the Planning Commission / City Council Work Program to remove the requirement for covered parking (open surface parking) within the R-1 Residential Zoning District Interim Controls Workplan For - removing enclosed parking in R-1 6-6- 2023.docx 15.22KB 3026 03 Interim Removal Covered Residential Parking (1).pdf 801.53KB Summary The purpose of this open hearing is for City Council to receive and consider testimony and approve the Planning Commission / City Council Work Program. Background On May 9, 2023, during a regular City Council meeting, the Council instructed the Community Development Department to return with options to address a citizen’s request to allow the use of garage for habitable space. Specifically, the property owner desires to open a day care within their residence and convert the garage into day care space. On May 23, 2023, the City Council conducted the following actions: 1. City Council Declared an emergency 2. City Council stated Findings of Fact regarding the emergency Moses Lake Council Packet 6-13-23, Page 4 of 112 Fiscal and Policy Implications 3. City Council established an effective date 4. City Council directed staff to prepare a work plan 5. City Council adopted Ordinance No. 3026 - Ordinance adopting Interim Land Use Regulations and Official Controls Pursuant to RCW 35A.63.220 And RCW 36.70A.390 for Code text amendment to remove the requirement for Covered Parking, Declaring an Emergency, Adopting Findings of Fact, and Establishing an Effective Date. Analysis Pursuant to Moses Lake Municipal Code 18.20.050 Development Standards for Residential Zones within the R-1 Zoning District, a minimum of one required covered parking spaces is required (in a garage or carport constructed to the standards of the State Building Code), in addition to off-street parking required in Chapter 18.54. In addition, parking is required pursuant to MLMC 18.54.040 - Two (2) required parking stall per unit for single-family homes (including manufactured homes). In addition, every parcel of land hereafter used for parking purposes shall be developed and permanently maintained in accordance with the Code requirements. The garage is intended for car parking for the residence and should be maintained as such unless additional compliant parking is developed on-site. Code Amendment The covered parking required is found within Moses Lake Municipal Code 18.20.050 Development Standards for Residential Zones. Within the R-1 Zoning District, Table 2: Development Standards in Residential Zones the following requirement is included: “Minimum required number of covered (footnote 11) parking spaces, in addition to off-street parking required in Chapter 18.54.” Footnote No. 11. In a garage or carport constructed to the standards of the State Building Code. Summary - The amendment to the code is to remove the word “covered”, and to eliminate Footnote #11. Planning Commission / City Council Work Program (attached preliminary dates) Staff analysis to determine consistency with Comprehensive Plan. If not, a Comprehensive Plan amendment process must begin. If consistent, then the following steps may proceed (abbreviated): 1. Complete SEPA 2. Complete public notice for amendment and 3. Complete Commerce 60-day review 4. Hold public workshops with the Planning Commission. 5. Hold public hearings (upon public notice) before the Planning Commission. 6. Hold public hearing with City Council to consider Planning Commission recommendations and determine action to adopt, deny or remand Code Amendments. see above. Options and Results Moses Lake Council Packet 6-13-23, Page 5 of 112 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Moses Lake City Council opens the public hearing, receives testimony, closes hearing, deliberates on testimony and, as applicable, directs Community Development to proceed with Tentative Work Program for final adoption of the text amendments within Interim Emergency Land Use Regulations and Official Controls. The Tentative Work Program shall proceed; and final Code Text Amendment will be presented to Council. Staff will bring back options for recommended changes. The Tentative Work Program shall not proceed; and Emergency Interim Controls shall lapse Moses Lake Council Packet 6-13-23, Page 6 of 112 WORK PLAN: Interim Controls to remove the requirement for covered parking within the R-1 Residential Zoning District 2023. Task Time frame Responsible Staff Develop outreach and public information July 1 – July 20 Planner Circulate interim regulations to developers, industry experts, City staff and impacted developers for review and comments July 20-June 8 Planner Draft Final regulations June 8-June June 12 Planner Review regulations w/ Planning Commission (NOTE below time frame may be reduced or expanded subject to public interest) July Planner Public outreach / workshop w/PC (multiple as needed) August Planner Circulate updated Code for Comment - SEPA review - Sixty-day state agency review Estimate- August / September Planner Planning Commission Review/Recommendation Estimate- September / October Planner City Council Review/Adoption Estimate- October / November Planner Moses Lake Council Packet 6-13-23, Page 7 of 112 Page 1 of 4 ORDINANCE 3026 AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, RELATING TO COVERED PARKING WITHIN R-1 RESIDENTIAL ZONED PROPERTY, ADOPTING INTERIM LAND USE REGULATIONS AND OFFICIAL CONTROLS PURSUANT TO RCW 35A.63.220 AND RCW 36.70A.390 FOR OPEN SURFACE PARKING WITHIN THE R-1 RESIDENTIAL ZONING DISTRICTS, DECLARING AN EMERGENCY, AND ESTABLISHING AN EFFECTIVE DATE. Recitals: 1. The City of Moses Lake Municipal Code 18.20.050 Development Standards for Residential Zones within the R-1 Zoning District, requires a minimum of one required covered parking spaces (in a garage or carport constructed to the standards of the State Building Code), in addition to off-street parking required in Chapter 18.54; and 2. The City of Moses Lake Municipal Code requires parking pursuant to MLMC 18.54.040 - Two (2) required parking stall per unit for single-family homes (including manufactured homes); and 3. The City of Moses Lake Municipal Code requires every parcel of land hereafter used for parking purposes shall be developed and permanently maintained in accordance with the Code requirements; and 4. The City of Moses Lake is working toward the Growth Management Act Periodic Update (RCW 36.70A.130) – Comprehensive Plan / Code update; and 5. On May 9, 2023, during a regular City Council meeting, the Council instructed the Community Development Department to address a citizen’s request to allow the use of garage space for habitable space; and 6. The City of Moses Lake finds that use of a residential structure should not be limited; and 7. The City of Moses Lake finds that required covered parking is extraneous; and 8. The City of Moses Lake finds that within residential zones there is a limited or declining supply of day care options; and 9. The City Council finds that the proposed interim development and zoning regulations are reasonable and necessary in order to further implement the full use of residential structure to accommodate day care facilities, and are therefore in the public interest; and 10. The need for day care facilities create a time sensitive emergency requiring the adoption of an interim zoning ordinance; and Document Ref: MFAAH-KEH9B-ABQNA-RYEZ9 Page 1 of 4 Moses Lake Council Packet 6-13-23, Page 8 of 112 Page 2 of 4 11. The City is authorized to impose interim land use controls for up to one (l) year if a work plan is developed for related studies providing for such longer periods pursuant to RCW 35A.63.220 and RCW 36.704.390; and 12. A public hearing on these interim regulations will be scheduled within 60 days of ordinance adoption, pursuant to RCW 35A.63.220 and RCW 36.70A.390. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Recitals Incorporated. The Recitals set forth above are hereby adopted and incorporated as Findings of Fact of the City Council. Section 2. Additional Findings. The Council may adopt further additional findings after the public hearing is held and evidence presented to the City Council. Section 3. This purpose of this ordinance is to: A. Promote expansion of needed day care facilities; and B. Allow for the full use of residential structures for day care facilities; and C. Accommodate the growing need and demand for day care facilities and service. Section 4. The following amendments are hereby adopted: A. Moses Lake Municipal Code 18.20.050 Development Standards for Residential Zones within the R-1 Zoning District, Table 2: Development Standards In Residential Zones: “Minimum required number of covered11 parking spaces, in addition to off-street parking required in Chapter 18.54.” Table 2, Footnote #11: 11. In a garage or carport constructed to the standards of the State Building Code. Section 5. Appeals. Interim controls are not subject to appeal. Section 6. Public Hearing. Pursuant to RCW 35A.63.220 and RCW 36.70.390, the City Council will hold a public hearing on this interim ordinance to take public testimony. Section 7. Duration of Interim Regulations. The interim amendments adopted by this ordinance shall remain in effect until six (6) months from the effective date and shall automatically expire unless the same are extended as provided in RCW 36.70A.390 and RCW 35A.63.220 prior to that date, or unless the same are repealed or superseded by permanent amendments prior to that date. Section 8. Planning Commission Work Program. The City of Moses Lake Planning Commission is hereby directed to review the interim regulations in 2023. The Commission shall make a Document Ref: MFAAH-KEH9B-ABQNA-RYEZ9 Page 2 of 4 Moses Lake Council Packet 6-13-23, Page 9 of 112 Page 3 of 4 recommendation on whether said amendments, or some modification thereof, should be permanently adopted. The Moses Lake Planning Commission is directed to complete its review, to conduct such public hearings as may be necessary or desirable, and to forward its recommendation to the Moses Lake City Council prior to the expiration of the interim amendments. The work program shall include input from wireless carriers, existing franchisees, and City staff. Section 9. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court, board or tribunal of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 10. Enforcement. Violations of this ordinance are enforceable to the same extent as other violations of Title 18 MLMC and are equally subject to injunctive and other forms of civil relief that the City may seek. Section 11. Conflict. In the event that there is a conflict between the provisions of this ordinance and any other City ordinance, the provisions of this ordinance shall control. Section 12. Declaration of Emergency. The Moses Lake City Council hereby finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to preserve the public health, safety and welfare of the City of Moses Lake, pursuant to RCW 35A.13.190. Section 13. Effective Date. This Ordinance shall take effect and be in full force and effect immediately upon passage, as set forth herein. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on May 23, 2023. _____________________________________ Don Meyers, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Document Ref: MFAAH-KEH9B-ABQNA-RYEZ9 Page 3 of 4 Moses Lake Council Packet 6-13-23, Page 10 of 112 Page 4 of 4 Martinez Swartz Myers Fancher Madewell Eck Skaug Vote: Aye Aye Aye Aye Aye Absent Aye Date Published: May 30, 2023 Date Effective: May 23, 2023 Document Ref: MFAAH-KEH9B-ABQNA-RYEZ9 Page 4 of 4 Moses Lake Council Packet 6-13-23, Page 11 of 112 Signature Certificate Reference number: MFAAH-KEH9B-ABQNA-RYEZ9 Document completed by all parties on: 26 May 2023 15:36:46 UTC Page 1 of 1 Signer Timestamp Signature Katherine Kenison Email: kkenison@basinlaw.com Recipient Verification: Sent:25 May 2023 20:45:27 UTC Viewed:25 May 2023 21:27:10 UTC Signed:25 May 2023 21:27:32 UTC ✔Email verified 25 May 2023 21:27:10 UTC IP address: 173.209.171.7 Location: Moses Lake, United States Mayor Don Myers Email: dmyers@cityofml.com Recipient Verification: Sent:25 May 2023 20:45:27 UTC Viewed:26 May 2023 13:26:12 UTC Signed:26 May 2023 13:26:53 UTC ✔Email verified 26 May 2023 13:26:12 UTC IP address: 67.21.180.215 Location: Moses Lake, United States Debbie Burke Email: dburke@cityofml.com Recipient Verification: Sent:25 May 2023 20:45:27 UTC Viewed:26 May 2023 15:36:26 UTC Signed:26 May 2023 15:36:46 UTC ✔Email verified 26 May 2023 15:36:26 UTC IP address: 63.135.54.162 Location: Moses Lake, United States Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 40,000+ companies worldwide. Moses Lake Council Packet 6-13-23, Page 12 of 112 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Kevin Fuhr, Interim City Manager 11180 Richard Law Municipal Services 6/13/2023 Public Hearing Six Year Transportation Improvement Program Resolution City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 0.00$0.00$0.00$ Staff requests that Council pass the Resolution and adopt the Six-Year TIP as presented. Six Year TIP Res 2024-2029 Modified 6-08-23.docx 13.18KB 2023-06-08, Combined 2024-2029 6 Year TIP.pdf 2.34MB Staff has the presented proposed Six-Year Transportation Improvement Program (TIP) to the Planning Commission on June 8. The TIP will be incorporated as an exhibit to the Capital Facilities Plan that will be developed through the Comprehensive Plan update process. Annually, the City is required to present the TIP to the public and allow comments to be heard and incorporated into the program. The TIP is sent to Regional, State, and Federal planning organizations to form lists of transportation needs and is due by June 30 each year. Only projects listed on the City’s TIP are eligible for Federal Funding. If a TIP is not approved, the City will not be eligible to receive any Federal transportation grants. Options and Results The city will be in compliance with state law and the projects will be eligible for state and federal funding. Moses Lake Council Packet 6-13-23, Page 13 of 112 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. The City will be out of compliance with state law. Moses Lake Council Packet 6-13-23, Page 14 of 112 2024-2029 Transportation Impovement Plan(TIP) *ATP = Active Transportation Program ID Est. Proj. Yr. Project Title Primary Benefit Total Length (Mi.)Project Type Status Estimated Total Cost 1.01 Annual Annual Gravel Road Paving Program Local Maintenance Ongoing 500,000$ 1.02 Annual Citywide Pavement Preservation Program Local Maintenance Ongoing 1,500,000$ 1.03 Annual ADA Ramp Reconstruction Misc. Sidewalks Local Improvement Ongoing 100,000$ 1.04 2023-2024 SR 17/Yonezawa Roundabout Regional 0.15 Improvement New 4,000,000$ 1.05 2023-2025 Downtown Road Circulation Study Local Study In Process 100,000$ 1.06 2023-2025 Nelson Road Safe Routes to School & Reconstruction Local 1 Bike/Ped/Impr In Process 2,200,000$ 1.07 2023-2025 Stratford Road & SR 17 Interchange Local Study/Design Carryover 685,000$ 1.08 2024-2025 SR 17/Grape Dr Roundabout Gateway Treatment Local 0.1 Improvement Carryover 200,000$ 1.09 2024-2025 Yonezawa Blvd East of Hwy 17 and Moses Lake Avenue Local 0.3 Ext/New Road Carryover 4,000,000$ 1.10 2024-2025 Wheeler Road and Road L Intersection Traffic Study Local Study Carryover 50,000$ 1.11 2024-2025 Division St. and Nelson Road Intersection Traffic Study Local Study Carryover 50,000$ 1.12 2024-2025 Wheeler Road Corridor Study SR 17 to Road N SE Regional Study Carryover 50,000$ 1.13 2024-2025 Hill Avenue Road Diet Local 0.81 Improvement Carryover 50,000$ 1.14 2024-2026 Broadway Revitalization Regional 2 Improvement Carryover TBD 1.15 2024-2026 Hamilton Commercial Roadway Improvements Local 0.26 Improvement New 1,000,000$ 1.16 2025-2028 East Broadway Study Regional Study Carryover 100,000$ 1.17 2025-2028 Broadway Ave & Stratford Rd Intersection Improvements Regional 0.1 Improvement Carryover 75,000$ 1.18 2025-2028 SR 17 and Randolph Road Intersection Signalization Regional 0.15 Signal Carryover 1,000,000$ 1.19 2025-2028 Stratford Road & SR 17 Intersection Signalization and Interchange Improvements Regional 0.25 Signal/ Improvements Carryover 3,000,000$ 1.20 2025-2028 Gateway Treatments Local Improvement Carryover 500,000$ 1.21 2025-2028 Local Road Improvements around Exits 174 and 175 in Mae Valley Local 1 Improvement Carryover 25,000,000$ 1.22 2025-2028 Wheeler Road Improvements SR 17 to Road N NE Regional 3 Bike/Ped/Impr Carryover 2,000,000$ 1.23 2025-2028 Road F Corridor Regional 3 Improvement New 20,000,000$ 1.24 2025-2028 Road F Connection Local 0.25 Ext/New Road New 1,000,000$ 1.25 2027-2029 North Frontage and Road F NE Intersection Improvement Regional 1 Improvement New 5,000,000$ 2.01 ATP Big Bend Community College Trail - Segment 1 (2019)Regional 2.26 Bike/Ped Carryover 1,700,000$ 2.02 ATP Big Bend Community College Trail - Segment 2 (2019)Regional 0.95 Bike/Ped Carryover 2,000,000$ 2.03 ATP Big Bend Community College Trail - Segment 3 (2019)Regional 0.9 Bike/Ped Carryover 770,000$ 2.04 ATP Central Washington Railroad ROW Acquisition S City Limits to N City Limits 4 Bike/Ped Carryover 3,000,000$ 2.05 ATP Additional Lake Crossing - Pedestrian Bridge Regional Study Carryover 100,000$ 2.06 ATP Montlake Park Trail Local 1.4 Bike/Ped Carryover 800,000$ 2.07 ATP Power Point Park Trails Local 0.37 Bike/Ped Carryover TBD 2.08 ATP Three Ponds Wetland Park Trail Local 0.5 Bike/Ped Carryover TBD 3.01 Future 3rd Ave. Reconstruction Dogwood St. to Pioneer Way Local 0.41 Bike/Ped/Impr Carryover 4,000,000$ 3.02 Future Additional Lake Crossing- Motor Vehicle Bridge Regional Ext/New Road Carryover 200,000,000$ 3.03 Future Active Transportation (Multimodal) on Wide Roads Local Bike/Ped Carryover TBD Moses Lake Council Packet 6-13-23, Page 15 of 112 City of Moses Lake 6 Year TIP Project Descriptions Rev. 5.31.2023 1 2024-2029 Transportation Improvement Plan (TIP) Project Descriptions Proposed Projects: 1.01 Annual Gravel Road Paving Program This program includes the evaluation of current city gravel roads for possible paving. Additional annual funding may be required dependent upon identified paving solution and number of roads identified. 1.02 Citywide Pavement Preservation Program This is an annual program to maintain city roadways to reduce deterioration. 1.03 ADA Ramp Reconstruction Misc. Sidewalks This program consists of replacement or repair of ADA ramps identified within our ADA transition plan. This is an annual investment and is often combined with stormwater upgrade projects. 1.04 SR 17/Yonezawa Roundabout Proposed intersection improvement and access break to future Yonezawa Blvd E from SR 17 to Moses Lake Avenue. 1.05 Downtown Road Circulation Study Proposed study to evaluate lane configurations and parking in “Downtown Area”, between Broadway Ave./3rd Ave. intersection to Block St. 1.06 Nelson Road Safe Routes to School & Reconstruction This project includes reconstruction of approximately 1,800 linear feet of East Nelson Road between SR 17 and Hamilton Road and reconstruction of ADA ramps from Skyline Drive to Clover Street. This also includes the addition of curb extensions, rapid flashing beacons, and speed limit reduction within identified school zones. 1.07 Stratford Road & SR 17 Interchange Project includes development and design study to address intersection safety. This project could be combined with other feasibility studies. 1.08 SR 17/Grape Dr Roundabout Gateway Treatment Project consists of addition of traffic calming and visual measures for beautification of gateway entrance to city. 1.09 Yonezawa Blvd East of Hwy 17 and Moses Lake Avenue Extend Moses Lake Avenue to meet proposed future extension of Yonezawa Blvd east of SR 17 to serve school and any future development. Moses Lake Council Packet 6-13-23, Page 16 of 112 City of Moses Lake 6 Year TIP Project Descriptions Rev. 5.31.2023 2 1.10 Wheeler Road and Road L Intersection Traffic Study Proposed study to evaluate intersection control feasibility. This project could be combined with other feasibility studies. 1.11 Division St. and Nelson Road Intersection Traffic Study Proposed study to evaluate intersection control feasibility. This project could be combined with other feasibility studies. 1.12 Wheeler Road Corridor Study SR 17 to Road N SE Proposed study to evaluate road diet and safety improvements along Wheeler Road from SR 17 to Road N SE. 1.13 Hill Avenue Road Diet This project consists of striping revision on Hill Avenue between Clover Drive and Division Street. Proposed change from a four-lane road with parking to a three-lane road, center turn lane, parking, and the addition of bicycle lanes as part of annual Chip/Seal program. 1.14 Broadway Revitalization Proposed improvements along 300 acres of underutilized commercial corridor, Complete Streets. This includes landscaping, traffic calming, safety analysis, and lighting. 1.15 Hamilton Commercial Roadway Improvements Proposed reconstruction of Hamilton Road from Burr Avenue to Wheeler Road. 1.16 East Broadway Study Study intersection control options from Pioneer Way to SR 17. Evaluate effect of proposed roundabout at Pioneer Way. This project could be combined with other feasibility studies. 1.17 Broadway Ave & Stratford Rd Intersection Improvements This project consists of striping revision to add protected right-turn lane for west bound Broadway Avenue to northbound Stratford Road. It would also include signal timing revision to make length of signal phases more efficient. 1.18 SR 17 and Randolph Road Intersection Signalization This project consists of a proposed traffic signal at Randolph Road and SR 17. 1.19 Stratford Road & SR 17 Intersection Signalization and Interchange Improvements Proposed addition of a traffic signal at Stratford Road and SR 17 southbound ramps intersection, addition of a southbound right-turn lane at Stratford Road and SR 17 northbound ramps intersection and widening of the Stratford Road and Marts Road intersection (to include additional turn lanes, widening of the Stratford Road sidewalk throughout the intersection, and ADA upgrades). Moses Lake Council Packet 6-13-23, Page 17 of 112 City of Moses Lake 6 Year TIP Project Descriptions Rev. 5.31.2023 3 1.20 Gateway Treatments Project consists of proposed welcome signage and beautification of gateway area located at Lakeshore Avenue and Broadway Avenue. 1.21 Local Road Improvements Around Exits 174 and 175 in Mae Valley Proposed intersection improvements, widening of Hansen Road North of I-90, adding a center turn lane, including sidewalks/planters on both sides of the road, and bike lanes. Addition of sidewalk and planter areas along north side of Westlake Road to fill in future gaps. 1.22 Wheeler Road Improvements SR 17 to Road N NE Proposed addition and/or improvement of curbs, ramps, and sidewalks or separated shared use paths along Wheeler Road from SR 17 to Road N NE. 1.23 Road F Corridor Project consists of widening of roadway, addition of sidewalks, ADA ramps, curbing – consistent with Complete Streets. 1.24 Road F Connection Proposed connection of Road F NE from W. Thrush Street to Mae Valley Road NE. 1.25 North Frontage Road and Road F Intersection Improvement Proposed intersection improvements where county, state, and local roads intersect, candidate for traffic signal or roundabout, and includes reconstruction of North Frontage Road. ATP Identified Projects: 2.01 Big Bend Community College Trail - Segment 1 (2019) This project consists of three separate trail segments. Segment 1 includes the addition of a paved pedestrian/bicycle trail along SR 17 between Big Bend Community College and Patton Boulevard. 2.02 Big Bend Community College Trail - Segment 2 (2019) This project consists of three separate trail segments. Segment 2 includes the addition of a paved pedestrian/bicycle trail along SR 17 between Patton Boulevard and Grape Drive. 2.03 Big Bend Community College Trail - Segment 3 (2019) This project consists of three separate trail segments. Segment 3 includes the addition of a paved pedestrian/bicycle trail along SR 17 between Grape Drive and Stratford Road. 2.04 Central Washington Railroad ROW Acquisition S City Limits to N City Limits The proposed project includes the acquisition of right of way from railroad when operations cease for a future shared use path. Moses Lake Council Packet 6-13-23, Page 18 of 112 City of Moses Lake 6 Year TIP Project Descriptions Rev. 5.31.2023 4 2.05 Additional Lake Crossing - Pedestrian Bridge Evaluation of additional pedestrian lake crossing at Dogwood Street (to Knolls Vista) or Marina Drive (to Cascade Valley). 2.06 Montlake Park Trail This project consists of the construction of a new trail from Montlake Park to W. Lakeside Drive, connecting neighborhoods on the east side of the City to Larson Recreation Center. 2.07 Power Point Park Trails Proposed connection of Power Point Park to Division Street and Montlake Park through Grant County Public Utility District (PUD) existing right of way. 2.08 Three Ponds Wetland Park Trail Proposed development of a trail along the south side of the Three Ponds Wetland Park within dedicated right of way connecting to existing McCosh Park facilities. Future Projects: 3.01 3rd Ave. Reconstruction Dogwood St. to Pioneer Way Identified future project to widen sidewalks and implement a road diet from Dogwood St. to Pioneer Way, which would extend the "downtown feel" creating a cohesive downtown commercial district. 3.02 Additional Lake Crossing- Motor Vehicle Bridge There is an identified need for a future motor vehicle bridge to increase motor vehicle mobility. Future studies would be required to identify the best location based on current and forecasted growth and development. 3.03 Active Transportation (Multimodal) on Wide Roads Evaluation of road projects for feasibility of active transportation improvements. Moses Lake Council Packet 6-13-23, Page 19 of 112 Moses Lake Council Packet 6-13-23, Page 20 of 112 RESOLUTION NO. 3940 A RESOLUTION TO AMEND RESOLUTION 3919 TRANSPORTATION IMPROVEMENT PROGRAM FOR 2024-2029 Recitals: 1. Pursuant to the requirements of RCW 35.77.010 laws of the State of Washington, the City of Moses Lake has presented an amended Six Year Transportation Improvement Program for the ensuing six calendar years, 2024-2029. 2. Pursuant further to said law, the City Council of the City of Moses Lake, being the legislative body of said city, did hold a public hearing on said Transportation Improvement Program at 6:30 p.m. in the Civic Center Council Chambers June 13, 2023. Resolved: 1. The City Council of the City of Moses Lake adopts the amended Six Year Transportation Improvement Program for the ensuing six calendar years, 2024-2029. 2. A copy of said amended Six Year Transportation Improvement Program for the ensuing six calendar years, 2024-2029, together with a copy of this resolution shall be filled with the Director of Highways of the State of Washington. Adopted by the City Council on June 13, 2023. ______________________________ Don Myers, Mayor ATTEST: ______________________________ Debbie Burke, City Clerk Moses Lake Council Packet 6-13-23, Page 21 of 112 MOSES LAKE CITY COUNCIL May 9, 2023 STUDY SESSION Water Presentation The Water Resources Committee (City Engineer Richard Law, Stormwater Manager Brad Mitchell, Parks Maintenance Superintendent Bill Aukett, Utility Billing Supervisor Jessica Cole, Water Manager Chad Strevy, and Code Enforcement Officer Rick Rodriguez) provided a PowerPoint presentation to illustrate the need to update water conservation regulations and how the City is improving conservation in parks and on street/sidewalk planting strips. EXECUTIVE SESSION Mayor Myers called an Executive Session at 6:12 p.m. for 15 minutes to discuss potential litigation pursuant to RCW 42.30.110(1) subsection (i). CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Mayor Myers in the Council Chambers of the Civic Center with audio remote access and overflow seating in the auditorium. Special notice for remote attendance and citizen comment were posted on the meeting agenda. ROLL CALL Present: Mayor Myers; Deputy Mayor Martinez; Council Members Eck, Fancher, Madewell, Swartz, and Skaug. PLEDGE OF ALLEGIANCE Mayor Myers led the Flag Salute. AGENDA APPROVAL Action taken: Council Member Eck moved to approve the Agenda as presented, second by Deputy Mayor Martinez. The motion carried 7 – 0. CITIZEN’S COMMUNICATION Residential Covered Parking (following City Manager Report) Serena Boroquez, Moses Lake, requested elimination of the requirement to have covered parking in the Code so she could remodel her garage space into a daycare facility. Council requested staff bring back options to allow a remodel for habitable space in a garage. SUMMARY REPORTS MAYOR’S REPORT American Public Works Week Proclamation A proclamation was read acknowledging the 63rd annual National Public Works Week from May 21 to 27 to pay tribute to public works and engineer professionals. Moses Lake Council Packet 6-13-23, Page 22 of 112 CITY COUNCIL MINUTES – May 9, 2021 pg. 2 Police Appreciation Week Proclamation A proclamation was read for Police Officer Week from May 14 to 20 to thank Officers for their service and sacrifice. Parks, Recreation and Cultural Services Vacancy for Resident Position A vacancy for an unexpired term of a city resident position on the Parks, Recreation and Cultural Services was posted today. Applications are due Tuesday, May 23. CITY MANAGER’S REPORT Indigent RV Parking Location Recommendation The staff report summarizes the many actions taken since May 2019 in response to case law 2018 Martin v Boise and 2021 Long v Seattle. Comments about homelessness were received from 24 citizens. Council requested staff draft revisions to parking and camping regulations that will allow enforcement to manage public property to provide a safer environment for the community, as well as an update to the police staffing plan. Staff are working with the landowner of the Sleep Center to extend the lease. PUBLIC HEARING #1 The Refuge at Mae Valley Development Agreement Ordinance 3024 There is a need to use a portion of Well 31 property for safe street design. The subdivision approval was conditioned on execution of a development agreement by the Hearing Examiner. Section 12 of the Agreement states that the Developer will cover costs for the improvements. Mayor Myers opened the hearing at 8:30 p.m. There were no verbal or written comments and the hearing was closed. Action taken: Council Member Eck moved to adopt Ordinance 3024, as presented, second by Council Member Swartz. The motion carried 6 – 0, Council Member Fancher was absent. CONSENT AGENDA #2 a. City Council meeting minutes dated April 20, 2023 b. 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 c. Fund Creation Resolution 3937 d. Well Rehabilitation Project Change Order #2 e. Sand Dunes Treatment Plant Biofuser Rebuild Project Action taken: Deputy Mayor Martinez moved to approve the Consent Agenda as presented, second by Council Member Swartz. The motion carried 7 – 0. OLD BUSINESS Moses Lake Council Packet 6-13-23, Page 23 of 112 CITY COUNCIL MINUTES – May 9, 2021 pg. 3 #3 2023 Supplemental LTAC Funding Recommendations The Lodging Tax Advisory Committee (LTAC) met on April 21 and voted unanimously to submit the following recommendations for approval: MoraVida Festival: $5,000 (added to the original $5,000 award for a total allocation of $10,000); Visitor Information Center budget revision to reallocate line item funding; Red, White & Boom fireworks: $27,000 (from the City's 2% instead of LTAC funding); and, Datafy Visitor Analytics: $13,451.20. Datafy Analytics is an app to collect voluntary and anonymous data such as the age, gender, and why visitors are in our area. LTAC members also suggested staff issue a Request for Proposal/Qualifications for a professional event manager to operate future Independence Day events. Action taken: Council Member Fancher moved to approve funding as presented, second by Council Member Swartz. The motion carried 7 – 0. #4 Water Conservation Code/Fee Update Ordinance 3025, Resolution 3938 The Water Resources Committee recommended several changes to MLMC 13.07 to further conserve the city’s potable water source. They also provided an update to City fees to cover labor associated with violation disconnection and reconnection services. A current study of the aquifer will be presented to the Council on June 13. Action taken: Council Member Swartz moved to postpone consideration of the Ordinance and Resolution to June 13, second by Council Member Fancher. The motion carried 7 – 0. NEW BUSINESS #5 Larson Rec Center (LRC) 1st Quarter Report and Fee Schedule Resolution 3939 Recreation Superintendent Carrie Hoiness provided a PowerPoint presentation to review the programs, passes purchased, revenue, and expenses for the first quarter of 2023. An amendment to the fee schedule included proposed corrections, changes, and additions for the Parks Department. Council requested staff research adding programs at the LRC that are not in competition with commercial or other established programs during the spring and summer months, as well as exploring partnerships. Action taken: Council Member Swartz moved to adopt Resolution 3939 as presented, second by Deputy Mayor Martinez. The motion carried 7 – 0. ADMINISTRATIVE REPORTS Renew – Moses Lake Community Coalition 1st Quarter Update The Moses Lake Community Coalition written report was in the packet. City Manager Allison Williams has been at several community meetings with Community Coalition staff present and have been providing a great voice on the mental health challenges in the local area. Employee Wellness Event and BBQ Council was invited to attend the event on May 23 at Blue Heron Park. Staffing Update Public Works Superintendent Tony Massa announced that he will retire at the end of June. Moses Lake Council Packet 6-13-23, Page 24 of 112 CITY COUNCIL MINUTES – May 9, 2021 pg. 4 There will be an Interim appointment to cover the period of process to fill the regular position. The new Technology Services Director, James Richmond, was also introduced. Engineering Grant Awards Engineering staff have received notice of awards for Pedestrian Safety and Safe Route to Schools grants. City Engineer Richard Law reviewed the funding offers toward Nelson Road Bike Path Project and Stratford Road Pedestrians Mobility Study. AWC Annual Conference Registration Registration is open for Council interested in attending conference at the Spokane Convention Center June 20 – 23. COUNCIL COMMUNICATIONS AND REPORTS Council Member Eck reported on 737 Max airplane storage, Father’s Day Airshow, Railroad parcel purchases, and new Aerospace Manufacturing company for business of the Port of Moses Lake. The Moses Lake Municipal Airport Soft Take Off and Landing (STOL) Event held last weekend was a success. Council Member Skaug attended the Finance Committee for discussion of several routine business items. Deputy Mayor Martinez advised that the Grant County Homeless Housing Task Force is working on a direction to recommend funding assistance from the County. She encouraged Council Members to speak with all County Commissioners to assist in funding these matters. Public Safety Committee discussed issues Police are having with RV parking and issues Fire is having with response times. The CARES program has been able to relocate one person to services in another city and they continue to work on identifying high users to get them connected with needed services. Finance Committee discussed a request to add an employee in Community Development that will be coming to Council for approval. ADJOURNMENT The regular meeting was adjourned at 9:55 p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________ Debbie Burke, City Clerk Moses Lake Council Packet 6-13-23, Page 25 of 112 MOSES LAKE CITY COUNCIL – SPECIAL MEETING May 11, 2023 CALL TO ORDER A special meeting of the Moses Lake City Council was called to order at 5:00 p.m. by Mayor Myers in Conference Room 225 of the Civic Center. ROLL CALL Present: Mayor Myers; Deputy Mayor Martinez; Council Members Eck, Skaug, Swartz, Fancher, and Madewell. EXECUTIVE SESSION Mayor Myers called an Executive Session to be held for 60 minutes pursuant to RCW 42.30.110(1)(g) and (i) to review performance of a public employee and discuss potential litigation. Mayor Myers extended the Session for 45 minutes. ADJOURNMENT The special meeting was adjourned at 6:45 p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________ Debbie Burke, City Clerk Moses Lake Council Packet 6-13-23, Page 26 of 112 MOSES LAKE CITY COUNCIL – SPECIAL MEETING May 18, 2023 EXECUTIVE SESSION Mayor Myers called an Executive Session at 3 p.m. to be held for 60 minutes pursuant to RCW 42.30.110(1)(g) and (i) to discuss performance of a public employee and litigation. Mayor Myers extended the executive session by 10 minutes. CALL TO ORDER The public portion of the special meeting of the Moses Lake City Council was called to order at 4:12 p.m. by Mayor Myers in Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance was posted on the meeting agenda. ROLL CALL Present: Mayor Myers; Deputy Mayor Martinez; Council Members Eck, Swartz, Fancher, and Madewell. Council Member Skaug was absent. Action taken: Council Member Swartz moved to excuse Council Member Skaug, second by Deputy Mayor Martinez. The motion carried 6 – 0. STUDY SESSION Water Rights Update Jill Van Hulle, Principal Water Rights Specialist (Project Manager) and Kelsey Mach, Project Geologist/Water Rights Specialist (Deputy Project Manager) with Aspect Consulting provided a water rights update. This included information on the increasing demands with decreasing physical water supply and water quality challenges. Additionally, Aspect Consulting is helping the City explore a range of options for assuring the water supply security for the future and is collaborating with many local, state, and federal entities. Mayor Myers called a recess at 4:55 p.m. The meeting reconvened at 5:20 p.m. 2022 Council Priorities Review Manage and Encourage City Growth - Streamline permitting processes - Market opportunities to address housing needs and increase supply - Utilize manufacturing presence to leverage investment - Add and revitalize infrastructure (water, sewer, streets) - Beautify corridors and add amenities (shopping, activities) Crime Reduction - Emphasize programs that can steer youth positively - Address drug and transient issues - Collaborate on gang/drug issues - Augment graffiti abatement efforts Collaboration/Customer Service - Align interests with County, Port, Economic Development Committee (EDC), Big Ben Community College (BBCC), Watershed Council, etc. Moses Lake Council Packet 6-13-23, Page 27 of 112 CITY COUNCIL MINUTES – May 18, 2023 pg. 2 - Be responsive to the public, customers and agencies – hire with customer service in mind Preserve Lake Health and Access - Shoreline Master Program underway(Complete) - Add infrastructure that can help the lake (sewer, stormwater) - Support the efforts of the Watershed Council - Address EPA Superfund Site City Sustainability - Financial Stability Address Aquifer Issue - Water communication plan and staff work plan Communication - Increase visibility in the community 2024 Priority Discussion Potential Funding Options: • Transportation Benefit District – Market the use of funds (annual reports) • Tourism Promotion area • Affordable Housing Sales Tax City Operational Options • Annexation Analysis • Fire Analysis • Water Infrastructure Analysis • Long-term financial planning to fund infrastructure ADJOURNMENT The special meeting was adjourned at 6:31 p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________ Debbie Burke, City Clerk Moses Lake Council Packet 6-13-23, Page 28 of 112 MOSES LAKE CITY COUNCIL – SPECIAL MEETING May 19, 2023 CALL TO ORDER A special meeting of the Moses Lake City Council was called to order at ________ p.m. by Mayor Myers in Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance was posted on the meeting agenda. ROLL CALL Present: Mayor Myers; Deputy Mayor Martinez; Council Members Eck, Swartz, Fancher, and Madewell. Absent: Council Member Skaug. Action taken: Deputy Mayor Martinez moved to excuse Council Member Skaug, second by Council Member Fancher. The motion carried 6 – 0. NEW BUSINESS City Manager City Manager Allison Williams tendered her resignation effective May 31, 2023. A separation agreement was negotiated as Council’s acceptance of the resignation. Action taken: Council Member Fancher moved to authorize the Mayor to sign the Separation Agreement with Allison Williams on the terms and conditions as proposed, second by Council Member Swartz. The motion carried 6 – 0. Action taken: Deputy Mayor Martinez moved to appoint Police Chief Kevin Fuhr to serve as Interim City Manager effective immediately, second by Council Member Fancher. The motion carried 6 – 0. ADJOURNMENT The special meeting was adjourned at 3:40 p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________ Debbie Burke, City Clerk Moses Lake Council Packet 6-13-23, Page 29 of 112 MOSES LAKE CITY COUNCIL May 23, 2023 STUDY SESSION Code Enforcement Process Code Enforcement Officers Rick Rodriguez and Tina Jewell provided a PowerPoint presentation to illustrate their roll to investigate and educate property owners when a violation has been reported, prior to issuing citations and fines. A temporary position is typically hired for spring to fall each year to enforce the height and noxious weed regulations. In 2022, a full-time position was created to also encompass water conservation education. CALL TO ORDER The regular meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Mayor Myers in the Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda. Council Member Eck left the meeting at 8:10 p.m. ROLL CALL Present: Mayor Myers; Deputy Mayor Martinez; Council Members Eck, Fancher, Madewell, Swartz, and Skaug. PLEDGE OF ALLEGIANCE Downtown Moses Lake Association Executive Director Rosenda Henley led the Flag Salute. AGENDA APPROVAL Mayor Myers added an Executive Session for 30 minutes at the end of the meeting, followed by a vote to authorize the contract for our Interim City Manager. Action taken: Deputy Mayor Martinez moved to approve the Agenda as amended, second by Council Member Madewell. The motion carried 7 – 0. PRESENTATION Renew - Grant Behavioral Health & Wellness Renew Executive Director Dell Anderson provided a PowerPoint presentation to illustrate the following types of services they make available to the community: mental health, substance use disorder, crisis response and intervention, and Wraparound with Intensive Services (WISe). CITIZEN’S COMMUNICATION (following Mayor’s Report) Citizen Advisory Committee Victor Lombardi, Moses Lake, recommended Council initiate a committee of residents to work on recommendations to resolve issues in the City. Mayor Myers noted that residents were included on the interview panel when Allison Williams was hired, and the current Council will likely include residents again. Multiple Topics Elisia Dalluge, Moses Lake, shared her thoughts on the recent City Manager resignation, issues on water shortage, lake algae, and PFAS testing. Moses Lake Council Packet 6-13-23, Page 30 of 112 CITY COUNCIL MINUTES – May 23, 2023 pg. 2 Homeless David Hunt, Moses Lake, questioned the process on clean up of garbage left on private property, enforcement of drugs being sold at a local motel, concern of children’s safety, and homeless persons with cars staying at sleep center v. motel space. Homeless Andrew Koeppen, Moses Lake, provided his experience with homeless persons and workers of non-profits on the west side of the state. Homeless Taylor Peterson, Moses Lake, feels that the current system is enabling homeless persons to continue on a path of least resistance and would rather see Moses Lake tax dollars spent on rehabilitation services. RV Parking Joseph Mariarty, Moses Lake, believes the City is being overwhelmed with fentanyl addictions. He would like Council to consider options to bring the community together to fix this issue. SUMMARY REPORTS MAYOR’S REPORT Key to the City National Society Daughters of the American Revolution’s (NSDAR) Chapter Regent Stephanie Massert presented Miyo Koba with several awards from their chapter. Ms. Koba was also presented with the first “Key to the City” to acknowledge recognition she received from Karneetsa NSDAR as Women in History Honoree. PUBLIC HEARING #1 Miscellaneous Code Amendments Ordinance 3025 Community Development Director Kirsten Sackett and Building Official Lee Creiglow reviewed changes to Municipal Code Titles 16, 17, 18 and 20 as recommended by the Planning Commission to provide clarity and create efficiencies in the development review process. Mayor Myers opened the hearing at 8 p.m. Four citizens provided comments and the hearing was closed at 8:05 p.m. Council Member Fancher requested staff modify 16.02.045 to clarify that four dwellings are approved after the preliminary plat has been granted. Action taken: Council Member Fancher moved to adopt Ordinance 3025 as amended, second by Council Member Swartz. The motion carried 6 – 0. CONSENT AGENDA #2 a. City Council meeting minutes dated April 25, and May 4, 2023 b. Electronic Transfer: 241 - 252 - $161,244.90 Checks: 160690 - 160888 - $1,824,380.10 Payroll Checks: #65103 - 65145 - $14,879.88 Electronic Payments: Direct Deposit - $558,506.45 c. Police Unmanned Aircraft System Program Resolution 3938 Moses Lake Council Packet 6-13-23, Page 31 of 112 CITY COUNCIL MINUTES – May 23, 2023 pg. 3 d. Grant County ESV-CV Contract Amendment e. Accept Biosolids Land Application Project Action taken: Council Member Swartz moved to approve the Consent Agenda as presented, second by Deputy Mayor Martinez. The motion carried 6 – 0. OLD BUSINESS #3 Interim Covered/Enclosed Parking Ordinance 3026 The ordinance temporarily removes the requirement of covered parking with purpose to promote expansion of needed daycare facilities. The resident making the request also has other items to address to bring her space into compliance. A Public Hearing will be advertised for the Regular Meeting on June 13. Action taken: Council Member Swartz moved to adopt Ordinance 3026 as presented, to be effective immediately, second by Deputy Mayor Martinez. The motion carried 6 – 0. #4 Vehicle Impound and Parking Regulations Ordinances 3027 and 3028 These are updates to Municipal Code Titles 9.18 and 10.36 for camping and parking to manage enforcement of street parking. Council requested to have the option to extend the violation period if an individual can show they are actively engaged with services to exit homelessness. Action taken: Council Member Swartz moved to adopt Ordinance 3028 as amended, second by Deputy Mayor Martinez. The motion carried 6 – 0. Action taken: Council Member Swartz moved to adopt Ordinance 3027 as presented, second by Deputy Mayor Martinez. The motion carried 6 – 0. NEW BUSINESS #5 Additional Police Officers Interim City Manager Kevin Fuhr is requesting approval for six officers due to increased call volumes. He is anticipating higher sales tax income with new businesses and will meet with Finance Director Madeline Prentice to bring back the source(s) to cover costs of new positions. The next available Police Academy is six months out (in December). ADMINISTRATIVE REPORTS Farmer’s Market/Springfest Update Parks, Recreation, and Cultural Services Director Doug Coutts provided a printed report to Council in advance of the meeting. New safety protocols have been implemented for parking and cooking regulations. Options for resolving consistency of concession fees and parking of heavy vehicles on the grass/roots of trees will be brought to Council for consideration in the fall. Museum Exhibit Butterfly Landscapes Macro Photography by Walter B. Klockers will be on display from Moses Lake Council Packet 6-13-23, Page 32 of 112 CITY COUNCIL MINUTES – May 23, 2023 pg. 4 May 26 to July 7. Opening reception will be held June 2nd from 4 p.m. to 7 p.m. Groundworks Lease Extension Update (Sleep Center) Staff is negotiating site improvements to the site and amount of property needed with the landowner and HopeSource. A new concept of design for one building is to have exterior doors as well as consideration of pallet shelters. COUNCIL COMMUNICATIONS AND REPORTS Council Member Swartz noted that the Community Development, Municipal Services, and Parks Committee discussed xeriscape on planter strips and roundabouts to lower water usage in each area by 90%. Deputy Mayor Martinez reminded everyone that the Grant County Health District is still looking for volunteer testers and that the information is now on their website. Mayor Myers attended the Ad Hoc Homelessness Committee meeting today to discuss how the funding can be used and to include the County. The Grant Transit Authority has increased salary range and reposted the vacancy for General Manager. Action taken: Council Member Swartz moved to extend the meeting to 10:30 p.m., second by Deputy Mayor Martinez. The motion carried 6 – 0. EXECUTIVE SESSION Mayor Myers called an Executive Session at 9:51 p.m. for 30 minutes to discuss performance of a Public Employee pursuant to RCW 42.30.110(1) subsection (g), with one action item to follow. Mayor Myers extended the Executive Session for 30 minutes. Council reconvened in the Chambers at 10:55 p.m. Action taken: Council Member Fancher moved to authorize the contract for Interim City Manager Kevin Fuhr as presented, second by Deputy Mayor Martinez. The motion carried 6 – 0. ADJOURNMENT The regular meeting was adjourned at 11:03 p.m. ______________________________________ Don Myers, Mayor ATTEST____________________________ Debbie Burke, City Clerk Moses Lake Council Packet 6-13-23, Page 33 of 112 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Kevin Fuhr, Interim City Manager 11132 Madeline Prentice Finance 6/13/2023 Consent Agenda Disbursement report since May 23, 2023 City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 1,711,791.49$1,711,791.49$0.00$ Approve payment of claims as presented. The following amounts were budgeted, and sufficient funds were available to cover these payments: Electronic Transfer: 253 - 258 - $1,186.33 Checks: 160889 - 161124 - $1,121,715.37 Payroll Checks: #65146 - 65241 - $26,173.76 Electronic Payments: Direct Deposit - $562,716.03 Vouchers - 06.13.2023.pdf 130.79KB Moses Lake Council Packet 6-13-23, Page 34 of 112 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 6-13-23, Page 35 of 112 TOTALS BY FUND: FUND NO FUND NAME AMOUNT 001 GENERAL FUND 231,715.15 102 TOURISM 9,146.02 103 GRANTS AND DONATIONS 1,217.86 110 HOMELESS SERVICES 6,182.88 114 PATHS/TRAILS ‐ 116 STREET 61,330.30 119 STREET REPR/RECON 548.25 286 REFUNDING GO BONDS 2015 ‐ 314 PARK & RECREATION IMPROVEMENTS 3,076.99 315 PARK MITIGATION CAPITAL PROJECTS ‐ 410 WATER/SEWER 178,355.24 450 2011 BOND FUND ‐ 452 2004 BOND FUND ‐ 471 WATER RIGHTS ‐ 477 WATER SEWER CONSTRUCTION 12,982.28 487 2015 GO BONDS REDEMPTION ‐ 490 SANITATION 8,999.99 493 STORM WATER 18,244.10 495 AIRPORT 62.43 498 AMBULANCE 31,536.89 501 UNEMPLOYMENT COMPENSATION INSURANCE ‐ 503 SELF‐INSURANCE 28,027.00 517 CENTRAL SERVICES 19,592.32 519 EQUIPMENT RENTAL 464,766.29 528 BUILDING MAINTENANCE 41,959.18 611 FIRE PENSION 1,377.32 623 DEPOSIT 3,776.71 631 STATE 4.50 TOTAL 1,122,901.70$ City of Moses Lake Tabulation of Claims Paid‐Summary by Fund Council Meeting Date‐ 06/13/2023 Moses Lake Council Packet 6-13-23, Page 36 of 112 Check Name Check Amount Check Date Invoice Description 253 Dept Of Licensing 15.00 03/02/2023 Driving Record 254 Dept Of Licensing 60.00 05/15/2023 Driving Records 255 Dept Of Retirement Systems 721.33 05/18/2023 April 23 NLEC Reporting 256 Dept Of Licensing 15.00 04/24/2023 Driving Records 257 Dept Of Licensing 240.00 04/25/2023 Driving Records 258 Dept Of Licensing 135.00 04/25/2023 Driving Records 160889 Randy Penrose 173.43 05/17/2023 Boot Reimbursement 2023 160890 Omar Ramirez 640.80 05/17/2023 Training Hotel Reimbursement 160891 Nick Stewart 333.00 05/17/2023 K9 Advanced Training Per Diem 160892 Bradly Zook 333.00 05/17/2023 K9 Advanced Training Per Diem 160893 Alderbrook Homes 3,756.90 05/18/2023 Duplicate Payment Reimbursement 160894 Terry Troutman 86.68 05/18/2023 LRC Purchase Reimbursement 160895 Cynthia A. Moore 113.26 05/18/2023 Refund Utility Overpayment 160896 Dawn Miller 77.91 05/18/2023 Refund Utility Overpayment 160897 Marie Woodward 99.80 05/18/2023 Refund Utility Overpayment 160898 The Estate of Twyla Henderson 134.10 05/18/2023 Refund Utility Overpayment 160899 Thomas & Nancy McCurdy 143.53 05/18/2023 Refund Utility Overpayment 160900 WESTERN INTEGRATED TECH 3,909.12 05/18/2023 Dumpster Overcharge 160901 North Central Construction 6,427.93 05/18/2023 Permit Fees Overestimated 160902 Kenworth Sales Company 135,695.31 05/23/2023 2024 Kenworth Dump Truck 160903 Roger Thornton 178.84 05/23/2023 2023 Boot Reimbursement 160904 Verizon Wireless 28,201.18 05/23/2023 Cell Phone Services March 23 160905 Andres Aguayo & Katrina Louise 280.50 05/23/2023 Refund Utility Overpayment 160906 Gaudencio F Castellanos Mendoza 104.64 05/23/2023 Refund Utility Overpayment 160907 Heather Lagendorff 213.05 05/23/2023 Refund Utility Overpayment 160908 Kelsey Hanson 176.80 05/23/2023 Refund Utility Overpayment 160909 Linda Cunnington 153.59 05/23/2023 Refund Utility Overpayment 160910 Northwest Properties Quincy, LLC 18.56 05/23/2023 Refund Utility Overpayment 160911 PATRICK CUSTER 121.52 05/23/2023 Refund Utility Overpayment 160912 RUSSELL CRAMER 190.78 05/23/2023 Refund Utility Overpayment 160913 Shane & Jennifer Carlile 180.94 05/23/2023 Refund Utility Overpayment 160914 Wayne & Patricia Woodworth Trust 251.06 05/23/2023 Refund Utility Overpayment 160915 Blended 50.00 05/24/2023 Refund City Endorsement 160916 Weinstein Beverage Company 37.75 05/24/2023 Museum Water 160917 Winco Foods 270.78 05/24/2023 Gallery Opening Refreshments 160918 Doug Wraspir 178.85 05/24/2023 Boot Reimbursement 2023 160919 Rick Kelly 15.00 05/24/2023 Record Reimbursement 160920 Nick Stewart 38.00 05/24/2023 K9 Liability Class 160921 Omar Ramirez 74.00 05/24/2023 Prisoner Pickup Per Diem 160922 Curt Ledeboer 74.00 05/24/2023 Prisoner Pickup Per Diem 160923 Derek Beach 51.00 05/24/2023 Smoke Control Testing Per Diem 160924 Tasiya Deering 51.00 05/24/2023 Smoke Control Training Per Diem 160925 Grant County Auditor 206.50 05/25/2023 Blanchet Recording 160926 A & H Printers Inc 290.52 05/25/2023 UB Door Hanger 160927 A M Hardware Company Inc 1,065.57 05/25/2023 Locksets 160928 Ag Supply Ace Hardware 78.50 05/25/2023 SNS Hose, Plug 160929 Amazon Capital Services, Inc.4,349.50 05/25/2023 Tec Svs Amazon Feb 2023 City of Moses Lake Checks Issued with Summary Description For June 13, 2023 Council Meeting Moses Lake Council Packet 6-13-23, Page 37 of 112 160930 American Linen Inc 358.39 05/25/2023 Ambulance Linens 160931 Anatek Labs, Inc.875.00 05/25/2023 Sample Testing 160932 Asbestos Central, LLC 14,382.14 05/25/2023 Asbestos Abatement Civic Center Park 160933 Basin Septic Services Inc 1,555.54 05/25/2023 Park Toilet Rentals 160934 Bound Tree Medical LLC 6,340.84 05/25/2023 Medical Supplies 160935 Bud Clary Ford LLC 124,362.70 05/25/2023 2023 Ford Police Interceptor 160936 Cascade Natural Gas Corp 717.86 05/25/2023 SNS Utilities 160937 Centurylink 31.51 05/25/2023 Long Distance Service 160938 Centurylink 4,006.71 05/25/2023 206‐T32‐2908 583B 5.16.23 160939 Cobies Fine Dry Cleaning 203.17 05/25/2023 April Dry Cleaning 160940 Columbia Basin Herald 640.77 05/25/2023 Advertising 160941 Commercial Tire Inc 5,801.56 05/25/2023 Tires 160942 Copiers Northwest Inc 268.84 05/25/2023 Equipment Contract Fees 160943 Correct Equipment 5,506.72 05/25/2023 Blue White Pump 160944 CSWW, Inc 840.42 05/25/2023 Oil Dry 160945 Databar Inc 3,289.68 05/25/2023 Mail Utility Bills 160946 Fastenal Company 2,129.50 05/25/2023 Fasteners 160947 Fehr & Peers 548.25 05/25/2023 ML Travel Demand Model Development 160948 Ferguson Enterprises Inc #3007 63.98 05/25/2023 Copper Tubing/Elbow 160949 Fire Mountain Farms Inc 125,428.37 05/25/2023 Biosolids Land Application 160950 Fishingmagician.com 1,140.00 05/25/2023 LTAC Expense 160951 General Fire Apparatus Inc 9,294.84 05/25/2023 Com Gear ‐ 388 and 189 160952 GeoEngineers, Inc.2,070.00 05/25/2023 Columbia Basin GWMA Water Level 160953 Grainger Parts Operations 864.79 05/25/2023 Dust Cup Filters 160954 Ground Works Three, LLC 4,583.33 05/25/2023 Rental @ Sleep Center 160955 H D Fowler Company 4,874.31 05/25/2023 Meter Parts 160956 Haglund's Trophies, LLC 83.80 05/25/2023 Key to the City 160957 Hajoca Corp 215.05 05/25/2023 Aerator 160958 Heartland Agriculture, LLC 418.05 05/25/2023 Pump 160959 Home Depot Credit Services 3,187.08 05/25/2023 April Statement 2023 160960 Home Depot Pro (Supplyworks)1,622.48 05/25/2023 Janitorial Supplies 160961 Hot Springs Spa & Leisure Inc 517.07 05/25/2023 SNS Chemicals 160962 Ibs Inc 655.17 05/25/2023 Misc Parts 160963 Inland Body & Paint 1,554.16 05/25/2023 Repair Eq. No. 038 160964 Jerrys Auto Supply 262.73 05/25/2023 Filters 160965 Jims Lock Service LLC 182.11 05/25/2023 Animal shelter key copies 160966 Kaman Fluid Power LLC 49.57 05/25/2023 SNS Supplies 160967 Katherine Kenison, PS 21,280.00 05/25/2023 City Atty Services April 2023 160968 Keller Associates 9,458.30 05/25/2023 COF Pump Station Upgrade 160969 Kelley Connect 618.31 05/25/2023 Museum Print Contract 160970 Lad Irrigation Company Inc 3,612.69 05/25/2023 Ball Valve 160971 Lake Auto Parts 74.87 05/25/2023 Wiper Blades 160972 M 1 Tanks 259.68 05/25/2023 Parking Blocks/Pins 160973 Matrix Sciences International Inc.488.00 05/25/2023 Sample Testing 160974 Metron Powder Coating 406.50 05/25/2023 Water Keys‐Powdercoat 160975 Michaelle Boetger Graphic Des 403.75 05/25/2023 LTAC Expense 160976 Moon Security Services Inc 386.14 05/25/2023 Museum Security 160977 Morrison Veterinarian Services 21.36 05/25/2023 K9 Jester Vet 160978 Moses Lake Tennis Booster Club 320.00 05/25/2023 Recreation Fees 160979 Moses Lake Towing 156.89 05/25/2023 Undercover Vehicle Tow 160980 NB Engineering, LLC 17,481.00 05/25/2023 Storm Water Comp Plan 160981 Norco Enterprises Inc 2,129.73 05/25/2023 Medical Oxygen 160982 Northstar Chemical Inc 2,213.75 05/25/2023 Sodium Hypochlorite Well No. 10 Moses Lake Council Packet 6-13-23, Page 38 of 112 160983 Oreilly Auto Parts 326.42 05/25/2023 Receiver/Install Kit/Radio Harness 160984 Pasco Tire Factory, INC 53.60 05/25/2023 Bulk Light Truck Tire Disposal 160985 Perteet, Inc.21,920.99 05/25/2023 Moses Lake Admin Support 160986 Pro Force Law Enforcement 384.61 05/25/2023 Gun Supplies 160987 Pro Touch Car Wash & Auto Detail LLC 2.17 05/25/2023 Self Serve Car Washes April 2023 160988 Qcl Inc 53.00 05/25/2023 Pre Employment Testing 160989 Quill Corporation 93.12 05/25/2023 Breakroom Supplies 160990 Rexel USA 140.33 05/25/2023 SNS Supplies 160991 RH2 Engineering Inc.1,453.98 05/25/2023 On‐Call Electrical Engineering Services 160992 Richland Research Corporation 1,158.60 05/25/2023 Free‐Flow Blocks 160993 Rolluda Architects, Inc.14,123.74 05/25/2023 Police Building Design 160994 Safety Kleen Corp 216.80 05/25/2023 Picked up Sludge 160995 SCL Fence and Supply, LLC 49.72 05/25/2023 5" Safe T Mall Rear Wheel with Bracket 160996 Shirtbuilders Inc 3,269.38 05/25/2023 SNS Staff Shirts 160997 Signs Now, LLC 6,133.03 05/25/2023 LTAC Kiosk Prints 160998 Sirennet.Com 18,577.78 05/25/2023 Emergency Eq & Lighting 160999 Spokane Television, Inc.2,992.85 05/25/2023 LTAC Ads 161000 Summit Law Group 401.50 05/25/2023 HR Professional Services 161001 Traffic Safety Supply Company 15,054.36 05/25/2023 Sign Posts 161002 True Survey Supply Inc 763.14 05/25/2023 Survey Lath 161003 Ups Freight 32.73 05/25/2023 Weekly Service Fees 161004 Waste Mgt Recycle America Inc 2,830.83 05/25/2023 Commingle Loads April 23 161005 Weaver Exterminating Srvc Inc 83.47 05/25/2023 Rodent Control 161006 Weinstein Beverage Company 113.25 05/25/2023 Drinking Water 161007 Wesco Paint & Equipment 60.47 05/25/2023 SNS Wax 161008 Ziggys 38.70 05/25/2023 2X4X10 Fir Standard and Better 161009 Shanda Creiglow 652.14 05/30/2023 Wellness BBQ Purchase 161010 Mitch Hohman 72.00 05/30/2023 Personal Funds Spent @ Training 161011 Janelle Sword 732.71 05/31/2023 Retirement Pension May 23 161012 Luther Stowers 644.61 05/31/2023 Retirement Pension May 23 161013 A M Hardware Company Inc 3,564.19 05/31/2023 Steel Door with Hardware 161014 Agri‐Fix II 371.70 05/31/2023 Drug Seizure Tow 161015 Agri‐Fix, LLC 371.02 05/31/2023 Patrol Felony Seizure 161016 Amazon Capital Services, Inc.220.45 05/31/2023 Amazon April 2023 Facilities 161017 Axon Enterprise Inc 51,290.03 05/31/2023 Cameras 161018 Badger Meters Inc 702.34 05/31/2023 Meter Read Services 161019 Basin Septic Services Inc 220.00 05/31/2023 Sanitizer Stations @ Sleep Center 161020 Battery Systems Inc 253.24 05/31/2023 Batteries 161021 Bound Tree Medical LLC 3,120.43 05/31/2023 Medical Supplies 161022 Centurylink 297.01 05/31/2023 Water Shut‐Off Notifications 161023 Centurylink 55.41 05/31/2023 206‐T03‐6229 331B 5.23.23 161024 Certified Folder Display Service, Inc 1,858.34 05/31/2023 LTAC Expense 161025 City‐County Communications & Marketing 400.00 05/31/2023 Membership Fee 161026 Columbia Basin Water Works Inc 5,751.00 05/31/2023 Large Meter Testing 161027 Columbia Electric Supply 117.43 05/31/2023 Relay 161028 Consolidated Electrical Distributors Inc 428.23 05/31/2023 SNS Misc. Supplies 161029 Copiers Northwest Inc 522.52 05/31/2023 Equipment Contract Fees 161030 CSWW, Inc 446.22 05/31/2023 Nozzle/Nozzle Set w. Holder 161031 Economic Consultants Oregon LTD.1,379.55 05/31/2023 Homeless Pro Services 161032 EMS Technology Solutions, LLC 1,105.68 05/31/2023 RFID Tags 161033 ESO Solutions Inc 502.44 05/31/2023 Medical Report Software 161034 F C S Group 1,845.00 05/31/2023 UB Pro Services 161035 Faber Industrial Supply 32.63 05/31/2023 SNS Maintenance Supplies Moses Lake Council Packet 6-13-23, Page 39 of 112 161036 Fastenal Company 3,897.54 05/31/2023 SNS Maintenance Supplies 161037 Global Rental Co. INC 172,029.51 05/31/2023 2023 Ford F550 Bucket Truck 161038 H D Fowler Company 6,055.45 05/31/2023 Meter Parts 161039 Hach Company 1,066.76 05/31/2023 Reagent Sets 161040 Hot Springs Spa & Leisure Inc 517.07 05/31/2023 SNS Chemicals 161041 Ibs Inc 997.78 05/31/2023 Grinding Wheels 161042 Jerrys Auto Supply 32.99 05/31/2023 Wiper Blades/Filter 161043 Jims Lock Service LLC 13.66 05/31/2023 Key copies 161044 Kelley Connect 454.20 05/31/2023 New Hire Chair 161045 Kottkamp & Yedinak, P.L.L.C.122.50 05/31/2023 Planning Pro Services 161046 Lad Irrigation Company Inc 205.85 05/31/2023 SNS Supplies 161047 Life Flight Network 81.25 05/31/2023 Newhire Deductions 161048 Localtel Communications 1,162.06 05/31/2023 Internet Statement 5.23.23 161049 Martin Law LLP 28,027.00 05/31/2023 Wellfield Superfund Pro Services 161050 Matrix Sciences International Inc.1,161.00 05/31/2023 Sample Testing 161051 Moses Lake Steel Supply 14.03 05/31/2023 HR Plate (A‐36)/Labor 161052 Multi Agency Comm Center E911 11,797.64 05/31/2023 Emergency Dispatch Services 161053 North Central Laboratories 278.25 05/31/2023 Lab Supplies 161054 Northstar Chemical Inc 6,436.68 05/31/2023 Sodium Hypochlorite Well No. 10 161055 NYS Child Support Prosessing Center 184.61 05/31/2023 2311 Gilmartin Child Support 161056 Oreilly Auto Parts 314.19 05/31/2023 Control Arm Assemblies 161057 Oxarc Inc 43.57 05/31/2023 Boots 161058 Rexel USA 1,099.06 05/31/2023 Electrical Supplies 161059 SHI International, Inc 5,156.89 05/31/2023 Splashtop 161060 Shirtbuilders Inc 1,505.56 05/31/2023 Drill Camp Shirts 161061 Skaug Brothers Glass 986.87 05/31/2023 Replace Windshield 161062 Stoneway Electric Supply 166.21 05/31/2023 Mini Circuit Breaker 161063 Traffic Safety Supply Company 301.89 05/31/2023 Parks Signs 161064 Ups Freight 35.72 05/31/2023 Weekly Service Fees 161065 Water Gear Inc 2,069.34 05/31/2023 SNS Resale Items 161066 Weinstein Beverage Company 1,745.40 05/31/2023 Restroom Supplies 161067 Edmund Guerrero 48.00 06/01/2023 Crimes Against Children Training 161068 Devin Morice 70.45 06/01/2023 2023 Boots 161069 Taylor Thomas 1,899.18 06/01/2023 Hotel, Flight, Registration Reimburse 161070 Isaac Taylor 36.00 06/01/2023 Roadside Impaired Driving Training 161071 Carrie Hoiness 11.17 06/01/2023 Meal Reimbursement 161072 Miranda Martinez 395.00 06/01/2023 NIBIN Training Per Diem 2023 161073 Meagan Miller 150.00 06/01/2023 2023 Union Boot Allowance 161074 Caitlin Carter 295.46 06/01/2023 Reimburse Overpayment 161075 Rich Huebner 90.00 06/01/2023 Labor Relations Institute Conference 161076 AAA Readymix Inc 1,623.00 06/05/2023 Ecology Blocks 161077 Abadan Tri Cities 1,986.50 06/05/2023 KIP Printer Service 161078 Affordable Auto Repair Inc 359.13 06/05/2023 Drug Seizure Tow 161079 Ag Supply Ace Hardware 48.93 06/05/2023 Japanese Gardens ‐ Supplies 161080 Amazon Capital Services, Inc.2,602.24 06/05/2023 Amazon May 2023 Wastewater 161081 Arrow Concrete & Asphalt Inc 42,841.15 06/05/2023 Crafco Mastic Pleximelt 161082 Basin Propane LLC 28.80 06/05/2023 Propane 161083 Bound Tree Medical LLC 833.98 06/05/2023 Medical Supplies 161084 Bud Clary Ford LLC 632.03 06/05/2023 Auto Transmission Oil/Screen Assem 161085 Cascade Natural Gas Corp 358.90 06/05/2023 Natural Gas Utility 161086 Central Machinery Sales Inc 40.21 06/05/2023 Hard Hat 161087 Consolidated Disposal Service 56.90 06/05/2023 Disposal Loads 161088 CSWW, Inc 210.80 06/05/2023 Gloves Moses Lake Council Packet 6-13-23, Page 40 of 112 161089 Dobbs Peterbilt‐ Moses Lake 9.00 06/05/2023 Credit Memo for Invoice 029P148949 161090 Faber Industrial Supply 735.26 06/05/2023 Pipes 161091 Fastenal Company 1,308.52 06/05/2023 Misc Supplies 161092 Galls LLC 288.95 06/05/2023 Uniform Pants Merrit and Walls 161093 Grainger Parts Operations 124.70 06/05/2023 Relay 161094 H D Fowler Company 1,002.81 06/05/2023 Repair Clamp 161095 Heartland Agriculture, LLC 79.38 06/05/2023 Misc Parts 161096 IAFF #1258/Disab Ins 1,895.58 06/05/2023 2311 Fire Disability 161097 Jerrys Auto Supply 230.50 06/05/2023 Fire Supplies 161098 Kaman Fluid Power LLC 783.81 06/05/2023 Hose Assemblies 161099 Kelley Connect 3,076.99 06/05/2023 Office Furniture 161100 Lad Irrigation Company Inc 141.80 06/05/2023 Maintenance Supplies 161101 Matrix Sciences International Inc.1,008.00 06/05/2023 Sample Testing 161102 McKesson Medical‐Surgical 637.00 06/05/2023 Medical Supplies 161103 Med Tech Resource Inc 274.29 06/05/2023 Medical Supplies 161104 Moses Lake Steel Supply 197.08 06/05/2023 Angle Iron 161105 Multi Agency Comm Center E911 49,958.61 06/05/2023 June Law Calls 161106 National Association of EMS Educators 95.00 06/05/2023 Membership Fee 161107 Norco Enterprises Inc 193.27 06/05/2023 Earplugs 161108 Outdoor Power & Repair 69.90 06/05/2023 Power Fan Repair 161109 Quill Corporation 530.57 06/05/2023 Office Supplies 161110 Rells Fire Equipment Inc 230.89 06/05/2023 Fire Alarm Monitoring 161111 Rexel USA 517.04 06/05/2023 Fluorescent Lamps 161112 Sebastian Moraga 31.50 06/05/2023 Water Signage Translation 161113 Sherwin‐Williams 234.52 06/05/2023 Field Paint 161114 Signs Now, LLC 775.20 06/05/2023 Vinyl Banners 161115 Skaug Brothers Carpet One 65.57 06/05/2023 Dritac 161116 Stoneway Electric Supply 123.21 06/05/2023 Fuse 161117 Trilogy Medwaste West, LLC 85.00 06/05/2023 Pharmaceutical Waste Disposal 161118 Trusteed Plans Service Corp 2,665.00 06/05/2023 Police Disability 161119 WA St Council Of FF Emp Ben 3,400.00 06/05/2023 MERP‐ Fire 161120 Washington State Association of Fire Chiefs 50.00 06/05/2023 Registration for Training 161121 Wenatchee Valley Hospital 867.00 06/05/2023 Annual Employment Questionnaire 161122 Western Integrated Technologies, Inc 2,646.96 06/05/2023 Rubber Water Hose 161123 WFCA: The Daily Dispatch 280.00 06/05/2023 Job Posting Advertisement 161124 Zoll Medical Corp 174.55 06/05/2023 Medical Supplies 1,122,901.70$ Moses Lake Council Packet 6-13-23, Page 41 of 112 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Kevin Fuhr, Interim City Manager 11021 Richard Law, PE Municipal Services 6/13/2023 Consent Agenda COF Raw Waste Upgrade Amendment #5 (GC2021-055) City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 276,200.00$276,200.00$0.00$ Staff recommends that City Council motion to approve the Contract Amendment Number 5. COF Raw Waste Pump Amendment No. 5.pdf 354.46KB 03c cpb 2023-05-25, GC2021-055 COF Raw Waste Upgrade.pdf 446.46KB On August 24, 2022, City Council approved a contract amendment with the engineering consultant Keller Associates for design work to replace the aging wastewater pumps at the Central Operations Facility. In the course of planning investigations, city staff and our engineering consultant identified several options for the project. City staff have elected to move forward with Option #3 which involves geotechnical site investigations, wet well design, valve vault design, wastewater pump design, electrical cabinet design, related infrastructure improvement design, and planning for the demolition of some existing structures at the work site. This amendment will allow the engineering consultant to move ahead with the detailed design of Option #3. This amendment also includes support for submitting required documentation to the Department of Ecology and SRF funding application support for the construction phase of the project. Amendment #5 will increase the contract spending limit for contract GC2021-055 by an amount of $276,200. The aggregate spending limit will remain below the amount budgeted for 2023. Options and Results City staff will execute Amendment #5 with the engineering consultant.Moses Lake Council Packet 6-13-23, Page 42 of 112 Provide Amended Direction: No Action Taken: Staff will develop alternative options to meet the City Council's recommendations. Design efforts for this project will be paused until further notice. Moses Lake Council Packet 6-13-23, Page 43 of 112 222036-00 AMENDMENT v2018.05.12 Page 1 of 7 AMENDMENT TO OWNER-CONSULTANT AGREEMENT Amendment No. 5 Background Data: Effective Date of Owner-Consultant Agreement: February 11, 2022 Effective Date of Amendment #2: August 11, 2022 Effective Date of Amendment #3: Effective Date of this Amendment: Owner: City of Moses Lake Consultant: Keller Associates, Inc. Project: Comprehensive Wastewater System Plan – COF Pump Station KA # 222036-001 Nature of Amendment: Resulting from the COF pump station wet well evaluation under Amendment #3, the City elected to proceed with Alternative #3 with some additional modifications. The project will be funded in part by the capital improvements budget and a low interest loan. A summary of the scope changes is listed below. • Move pumps out of the existing basement into a new wet well south of the existing attenuation basin. • Design new wet well, valve vault, and pad for new electrical gear. • Demolition of attenuation basin and demolition or abandonment associated piping. • Department of Ecology submittal • Funding administration support Description of Modifications: PROJECT MANAGEMENT ADD additional budget for General Project management due to the changed assumption below. Task 1 – Assumptions • CHANGE project schedule from “ten months” (Amendment #3) to “17 months” PREDESIGN SERVICES ADD sub-task 2.6 as follows: 2.6 Technical Memorandum. Assemble a technical memorandum outlining the design criteria, sizing decisions, and pump selection for the new COF lift station. The technical memorandum will be submitted to the Washington Department of Ecology for review. ADD the following to Task 2 – Owner Responsibilities • Provide input on lift station design criteria and preferred alternatives. • Review and provide input on technical memorandum prior to submission to Ecology. ADD the following to Task 2 – Assumptions • A technical memorandum is required by Ecology for approval and prior to construction. • The technical memorandum will be based on and a formalization of the three alternatives Moses Lake Council Packet 6-13-23, Page 44 of 112 222036-00 AMENDMENT v2018.05.12 Page 2 of 7 previously evaluated and submitted to Ecology for approval. • The technical memorandum will not evaluate any new scenarios or conditions. ADD the following to Task 2 – Deliverables • Submission of Technical Memorandum to Ecology. FINAL DESIGN REMOVE Task 3 – Final Design and REPLACE with the following. Consultant Responsibilities 3.1 Geotechnical Investigation. Consultant will use the services of GeoEngineers to complete a geotechnical investigation for the proposed lift station site. Evaluation will include two boring at the proposed wet well location and near the existing effluent pump building, see Figure 1 below for approximate location. The boreholes will total approximately 70-ft and advanced to a maximum depth or refusal. Sub-consultant will note depth to rock or refusal (if encountered), the depth to groundwater, and classify soil in accordance with ASTM standards. Geotechnical exploration will include 2 – 4 potholes to locate existing utility pipes and evaluate pipe bedding material. Locations for potholing will be provided by the City and all work will be performed in a single one-day trip. A monitoring well will be installed to monitor groundwater elevations. The sub-consultant will take 3 samples of ground water elevation and make recommendations on dewatering for construction of the new wet well. Washington 811 will be contacted to locate non-City utilities. The sub-consultant will prepare a geotechnical report that provides lateral earth pressures for existing types of soils, including seismic values and site classification, soil profiles, evaluate settling of the existing effluent pumping building and determine if additional settle is expected, provide recommended back-filling procedures and recommendations for type(s) of foundations that would be suitable, re-use of onsite soils, structural fill specifications, over excavation recommendations, estimated settling of lift station, groundwater depth, and required frost protection depth. Figure 1 – Boring & Survey Area Moses Lake Council Packet 6-13-23, Page 45 of 112 222036-00 AMENDMENT v2018.05.12 Page 3 of 7 3.2 Plan Sheets. Prepare general, structural demolition, mechanical demolition, site civil, structural, mechanical, electrical, and instrumentation and control plan sheets for the site, lift station, and yard piping. Coordinate location of pumps, piping layout, spacing, electrical equipment, pump removal equipment, and other appurtenances with the Owner. Instrumentation and control plan sheets will generally include a network layout drawing, control panel layout drawings, piping, and instrumentation diagrams (P&ID), control panel one-line diagrams, wiring diagrams, input/output schedule, and the instrumentation schedule. Prepare 60% and 90% review sets. 3.3 Specifications. Technical specifications will be prepared to detail the materials, processes, and the products that are to be used in the construction of the lift station. Prepare table of contents for the 60% review set, and complete draft technical specifications for the 90% review set. Prepare a performance specification outlining SCADA Integration scope of work. 3.4 60% Design and Review Workshop Meeting. Submit 60% design review drawings and specifications table of contents to the Owner. Participate in 60% design review workshop meeting. 3.5 90% Design and Review Workshop Meeting. Submit 90% design review drawings and specifications to the Owner. Participate in a 90% design review workshop meeting. 3.6 Agency Submittal(s). Agency design checklists will be completed and submitted along with the final plans and specifications to Washington Department of Ecology (Ecology) for review at 100% design. 3.7 Final Approval. Upon Owner and Agency review, Consultant will incorporate appropriate revisions into a final set of stamped drawings and specifications that will be used for bidding. 3.8 Opinion of Probable Costs. Prepare an updated AAEC Class 2 opinion of probable cost for the project and submit with 60% and 90% design submittals. Owner Responsibilities • Prepare and submit Environmental and Cultural checklists to the regulatory agency including State Environmental Policy Act (SEPA) checklists, Draft Determination of No Significance (DNS), DAHP Project Review Sheet EZ1, and Draft IDP. Owner to do public advertising and hold public meetings if required. • Provide a topographic survey and locate all City utilities within the survey boundary shown in Figure 1. Survey will include existing grade, finish floor, top of slab, and top of asphalt for structures and surfaces in or directly adjacent to the survey boundary. The Owner will provide the survey data as a CAD .dwg file. • Provide 2 – 4 locations for exploration and potholing of existing utilities for evaluation of pipe bedding materials where failures have occurred in the past. • Provide concurrence on the location of the geotechnical investigation; assist in pre-marking locations for boring. • Review and provide one set of consolidated comments on the 60% and 90% design deliverables. • Provide legal and risk reviews of the bid documents. • Provide review comments from Owner’s SCADA integrator. • Pay for any associated permitting fees not assigned to the Contractor. • Provide front end documents that will include standard bidding forms, contract forms, construction forms, and general conditions. Assumptions • The limits of topographic survey are illustrated in Figure 1. • Geotechnical exploration includes two (2) to four (4) bore hole locates and one trip. One south of the attenuation basin approximately 40-ft deep or refusal and the second near the existing effluent pump building and approximately 30-ft deep or refusal, see Figure 1 for approximate boring locations. • Consultant shall be entitled to rely, without liability or the need for independent verification, on the accuracy and completeness of any and all information provided by Owner, Owner’s consultants and Contractors, information from public records, and information ordinarily or customarily furnished by Moses Lake Council Packet 6-13-23, Page 46 of 112 222036-00 AMENDMENT v2018.05.12 Page 4 of 7 others, including, but not limited to specialty Contractors, manufacturers, suppliers, and publishers of technical standards. • Existing electrical service and backup generator to remain. • Landscaping will match existing. The services of a licensed landscape architect will not be required. • Extensive architectural features and architectural rendering are not included in the lift station building design. • The Contractor will be required to prepare and implement a Storm Water Pollution Prevention Plan (SWPPP), prepare traffic control plans, and secure associated permits. • Shoring (if required) will be designed by the Contractor. • Additional professional time for correspondence and meetings, due to an Owner initiated change in the project design, and/or project support above and beyond that described is considered an additional service. • Since Consultant has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor’s methods of determining prices, or over competitive bidding or market conditions, the Consultant does not guarantee that proposals, bids, or actual construction cost will not vary from opinions of probable construction cost prepared by the Consultant. • The following design standards and references are to be followed where relevant during the development of the project: • Hydraulic Institute 9.8, 2012 • City of Moses Lake Standards Specifications and Drawings • State of Washington, Criteria for Sewage Works Design (Orange Book) • AutoCAD is to be used to prepare drawings and AutoCAD Civil 3D or Revit may be used for the site and building design. Spreadsheets will be prepared in Microsoft Excel and text documents in Microsoft Word. • Pump control panel and SCADA Integration will be the responsibility of the Contractor and dictated through a performance specification. • City’s preference of Allen-Bradley panels will be incorporated into technical specification requirements for new pump control panels. Deliverables • Geotechnical report. • Agenda and minutes for Workshop Meeting. • 60% design submittal, including one PDF submittal (prepared in 22”x34” reviewed in 11”x17”). • 90% design drawings and technical specifications, including one PDF submittal (prepared in 22”x34” reviewed in 11”x17”). • 100% stamped design package, including one PDF submittal (prepared in 22”x34” reviewed in 11”x17”). • Opinion of probable cost (60% and final). ADD the following new tasks to the project. FUNDING SUPPORT SERVICES Funding Support. Coordinate with Owner to complete an SRF application through the Department of Ecology for funding for the project. Owner Responsibilities • Review and provide input on funding applications. • Submit final application through EAGL. Assumptions • Only one funding application will be compiled and submitted to SRF through EAGL. Moses Lake Council Packet 6-13-23, Page 47 of 112 222036-00 AMENDMENT v2018.05.12 Page 5 of 7 • Additional funding coordination and applications will be performed as additional services. Deliverables • Submission of funding application to SRF FUTURE SERVICES The following future services may be added by amendment following the final design phase: • Additional Environmental Services • Services during Bidding • Construction Phase Services • Construction Observation Services • Project Closeout • PLC Panel Design and SCADA Integration Compensation Summary REPLACE Compensation Summary with the following. Task Type Previous Amount Amendment #5 Total Amount Task 1 – Project Management LS $6,700 $6,300 $13,000 Task 2 – PreDesign Services LS $30,900 $3,200 $34,100 Task 3 – Final Design LS $47,500 $263,600 $311,100 Task 4 - Funding Support Services LS $0 $3,100 $3,100 TOTAL COST (Task 1 – 4) LS $85,100 $276,200 $361,300 Schedule: REPLACE Project Schedule with the following. Consultant anticipates the following project schedule. The number of days associated with each of the tasks are approximate and assume timely delivery of requested information. Schedule commences after receiving a signed agreement. Actual schedule may vary: Moses Lake Council Packet 6-13-23, Page 48 of 112 222036-00 AMENDMENT v2018.05.12 Page 6 of 7 Task Schedule Comments Task 2 – Pre-Design 15 days A draft technical memorandum will be submitted to the City for review within 15 days from receiving signed agreement from Owner. Technical memorandum will be submitted to Ecology after Owner comments have been addressed. Task 3 – Geotechnical Report 45 days Geotechnical Report will be completed within 45 days from receiving signed agreement from Owner. Task 3 – 60% Design Complete 60 days 60% Design Plans will be completed within 60 days after technical memorandum is submitted to Ecology. Task 3 – 90% Design Complete 60 days 90% Design Plans will be completed within 60 days after receiving Owner comments from the 60% review design meeting. Task 3 – 100% Design Submission to Agency 30 days 100% Design Plans and Specifications will be completed and submitted to Owner within 30 days after receiving Owner comments from the 90% review design meeting. All provisions of the Agreement not modified by this, or previous amendments remain in effect. In witness thereof, the parties hereto have executed or caused to be executed by their duly authorized officials this Amendment to the Agreement on the respective dates indicated below. Moses Lake Council Packet 6-13-23, Page 49 of 112 222036-00 AMENDMENT v2018.05.12 Page 7 of 7 OWNER: CITY OF MOSES LAKE CONSULTANT: KELLER ASSOCIATES, INC. Signature: Signature: Name: Richard Law Name: Larry Rupp Title: City Engineer Title: Principal Address: 100 East Bower Street, Suite 110 Meridian, ID 83642 Signature: Telephone: (208) 288-1992 Name: Kevin Fuhr Date: Title: Interim City Manager Signature: APPROVED AS TO FORM: Name: Katherine L. Kenison Title: City Attorney Date: Moses Lake Council Packet 6-13-23, Page 50 of 112 Date:May 25, 2023 Project Number: Project Name: Public Impact:Personnel Impact: Regulation/Policy Change Needed?Legal Constraints? Viable Alternatives: Start Year: End Year: Total City Funding: Other Funding: 2022 2023 2024+ 85,100 276,200 361,300 2,900,000 2,900,000 29,000 29,000 Total Project Expenditures 85,100 3,205,200 - - 361,300 2,929,000 2022 2023 2024+ Fund:Sewer 3,205,200 361,300 2,929,000 Fund: Fund: Fund: Fund: Total Project Revenues 3,205,200 - - - 361,300 2,929,000 Approved by City Council: 001 - General Fund Project Description:Replacement of the aging wastewater pumps at the COF to include geotechnical work, wet well, valve vault, electrical controls, demolition of existing structures, underground pipe installation and other miscellaneous work. Capital Project Budget GC2021-055 COF Raw Waste Upgrade Dept/Category:Wastewater No No Project Lead:Mark Beaulieu 2022 Assigned Department:Wastewater 2025 Original Project Budget:$85,100 $3,205,200 Budget Amendment:$3,205,200 Project Notes: This project is combined with wastewater comprehensive plan contract by means of several amendments to that contract. Costs listed on this spreadsheet are solely for the raw waste pump design, sourcing low interest lending options, and construction projects. Costs for 2023 are design costs. 2024+ costs are estimated construction costs. Project Expenditures by Category Original Budget Amended Budget Prior Years Spent ESTIMATES Project Total Design Engineering - Keller & Associates 361,300 Construction Contract 2,900,000 - - - - GRANTS:- Art Fund (if project cost is $75K+, add 1%)29,000 - Project Revenues by Category Original Budget Amended Budget Prior Years ESTIMATES Project Total 3,290,300 - - - - STBG - - - Date - - - Moses Lake Council Packet 6-13-23, Page 51 of 112 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: Kevin Fuhr, Interim City Manager 11101 Richard Law, PE Municipal Services 6/13/2023 Consent Agenda Westshore Drive Gravity Sewer Budget Amendment (GC2023-112) City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 50,000.00$0.00$50,000.00$ Staff recommends motion to appropriate design-only funds for the future Westshore Drive Gravity Sewer project. GC2023-112 Westshore Drive Gravity Sewer Extension Design Report.pdf 1.57MB GC2023-112 Westshore Drive Gravity Sewer Extension Capital Project Budget.pdf 440.31KB The City proposes to install 18-inch PVC gravity sewer and manholes in Westshore Drive between Road 4 and Fairway Drive. This project is planned to be in coordination with Grant County's planned reconstruction of Westshore Drive in 2025. In order to coordinate the City's and County's designs, design funding should be appropriated soon. At this time funds for design-only are being requested in the amount of $50,000. The construction funds would be requested later as part of the normal budget process and would probably be spend in 2025. Options and Results City staff will work with Grant County to create an ILA and complete the design of this project. Engineering design time will be charged to the approved project budget. Staff will develop other alternatives for council to review.Moses Lake Council Packet 6-13-23, Page 52 of 112 No Action Taken: City staff will await further instructions. Moses Lake Council Packet 6-13-23, Page 53 of 112 Moses Lake Council Packet 6-13-23, Page 54 of 112 Moses Lake Council Packet 6-13-23, Page 55 of 112 Moses Lake Council Packet 6-13-23, Page 56 of 112 Moses Lake Council Packet 6-13-23, Page 57 of 112 Moses Lake Council Packet 6-13-23, Page 58 of 112 Moses Lake Council Packet 6-13-23, Page 59 of 112 Moses Lake Council Packet 6-13-23, Page 60 of 112 Moses Lake Council Packet 6-13-23, Page 61 of 112 Moses Lake Council Packet 6-13-23, Page 62 of 112 Moses Lake Council Packet 6-13-23, Page 63 of 112 Moses Lake Council Packet 6-13-23, Page 64 of 112 Moses Lake Council Packet 6-13-23, Page 65 of 112 Moses Lake Council Packet 6-13-23, Page 66 of 112 Moses Lake Council Packet 6-13-23, Page 67 of 112 Moses Lake Council Packet 6-13-23, Page 68 of 112 Moses Lake Council Packet 6-13-23, Page 69 of 112 Moses Lake Council Packet 6-13-23, Page 70 of 112 Moses Lake Council Packet 6-13-23, Page 71 of 112 Moses Lake Council Packet 6-13-23, Page 72 of 112 Date:May 26, 2023 Project Number: Project Name: Public Impact:Personnel Impact: Regulation/Policy Change Needed?Legal Constraints? Viable Alternatives: Start Year: End Year: Total City Funding: Other Funding: 2022 2023 2024+ 250,000 50,000 200,000 3,320,500 3,320,500 33,205 33,205 Total Project Expenditures 3,603,705 - - - 50,000 3,553,705 2022 2023 2024+ Fund:Wastewater-477 3,603,705 50,000 3,553,705 Fund: Fund: Fund: Fund: Total Project Revenues 3,603,705 - - - 50,000 3,553,705 Approved by City Council: 001 - General Fund - Date - - - - STBG - - GRANTS:- Art Fund (if project cost is $75K+, add 1%)33,205 - Project Revenues by Category Original Budget Amended Budget Prior Years ESTIMATES Project Total 3,603,705 - - - - - - Design Engineering 250,000 Construction Contract 3,320,500 - Project Notes: Project Expenditures by Category Original Budget Amended Budget Prior Years Spent ESTIMATES Project Total Original Project Budget:$3,603,705 $3,603,705 Budget Amendment:$0 $0 Project Lead:Mark Beaulieu 2023 Assigned Department:Wastewater 2026 Project Description:Install 18 inch PVC gravity sewer and manholes in Westshore Drive between Road 4 and Fairway Drive. This project is planned to be in coordination with Grant County's reconstruction of Westshore Drive. Capital Project Budget GC2023-112 Westshore Drive Gravity Sewer Extension Dept/Category:Wastewater No No Moses Lake Council Packet 6-13-23, Page 73 of 112 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Kevin Fuhr, Interim City Manager 11100 Rich Huebner, Assistant City Manager Administration 6/13/2023 Consent Agenda Subject Professional Services Contract with Elevate Government Affairs, LLC Reviewed and Approved by: City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 102,000.00$0.00$102,000.00$ Authorize the Assistant City Manager to execute an agreement with Elevate Government Affairs, LLC for federal government affairs services. Elevate - Moses Lake Draft Contract.pdf 210.3KB Elevate Federal Government Affairs Services Proposal.pdf 293.63KB Moses Lake Council Packet 6-13-23, Page 74 of 112 Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Elevate Government Affairs, LLC (hereafter "Elevate") has submitted a proposal to provide the City of Moses Lake with federal government affairs services. The proposal was submitted at the recommendation of Jessica Farrell of Marten Law, the legal counsel of record for the City in water-related legal matters. Elevate has a thorough understanding of the issues impacting the City's water infrastructure and ability to serve, including PFAS contamination, the declining aquifer, and rapid growth. Elevate has extensive experience assisting cities and counties with securing federal funds to address similar issues. The attached proposal includes a detailed scope of work and approach. Potential sources of funding detailed in the proposal include: Water Infrastructure Finance and Innovation Act (WIFIA) loan program Emerging Contaminants in Small or Disadvantaged Communities grant program Public Works and Economic Adjustment Assistance Drinking Water State Revolving Fund Safe Drinking Water Action Grants Economic Development Initiative-Community Project Funding grants Congressional Outreach Administration Outreach Engaging with the Bureau of Reclamation on using water from Moses Lake Elevate has a record of success in assisting cities and counties with similar issues. For the City of Hillsboro, Oregon, Elevate has supported the City's efforts to access a new source of water from the Willamette River and advised the City on a successful $250.5 million WIFIA loan for 30 miles of pipes, intake values, two storage reservoirs and a treatment plan. For Kendall County, Illinois, Elevate secured $6.6 million in the current federal fiscal year for multiple projects, including the region's efforts to secure a new drinking water source due to projected water shortages and aquifer contamination. The proposed contract includes a monthly retainer of $8,500. The full value of the contract is $102,000, of which approximately $61,000 will be remitted in 2023. Options and Results City staff will execute the proposed agreement. Staff will bring back options for recommended changes. The City will not retain professional consulting services related to securing federal funds for water-related projects. Moses Lake Council Packet 6-13-23, Page 75 of 112 INDEPENDENT CONTRACTOR SERVICES AGREEMENT by and between THE CITY OF MOSES LAKE and ELEVATE GOVERNMENT AFFAIRS, LLC THIS INDEPENDENT CONTRACTOR SERVICES AGREEMENT (this “Agreement”) is made by and between the City of Moses Lake (“Moses Lake”) and Elevate Government Affairs, LLC, a District of Columbia limited liability company (“Elevate”), as of June 2, 2023. 1. ENGAGEMENT OF SERVICES. Moses Lake shall engage Elevate to perform certain services on its behalf, as more fully described on Schedule A attached hereto. 2. COMPENSATION. a. RETAINER. Moses Lake shall pay Elevate a monthly retainer fee (the “Retainer”) as compensation for services rendered under this Agreement. The Retainer shall be $8,500 per month, for the duration of the Agreement as described in Section 6. b. PAYMENT. The Retainer shall be paid on the first day of each month, for the duration of the Agreement as described in Section 6. c. EXPENSES. Elevate shall be reimbursed for any reasonable out of town travel expenses and development of materials incurred at Moses Lake’s request and in connection with the performance of services under this Agreement, provided Moses Lake approves such expenses prior to their incursion. 3. INDEPENDENT CONTRACTOR RELATIONSHIP. Elevate’s relationship with Moses Lake will be that of an independent contractor and nothing in this Agreement should be construed to create a partnership, joint venture, attorney-client or employer-employee relationship. Elevate is not engaged in the practice of law. Elevate is not the agent of Moses Lake and is not authorized to make any representation, contract, or commitment on behalf of Moses Lake. 4. SECURITIES COMPLIANCE. During the course of its work for Moses Lake and/or its other clients, Elevate may be asked to solicit or may receive important information about publicly-traded companies or the markets, industries or regulatory environment in which these companies do business that has not yet been disclosed or been made available to the general public (“Non- public Information”). Elevate is firmly committed to complying with all insider-trading laws, and as a result there will be information that it possesses from time to time that it will not disclose to Moses Lake Council Packet 6-13-23, Page 76 of 112 2 Moses Lake. In particular, it will not disclose to Moses Lake any Non-public Information in its possession if the source of the information is under a duty of confidentiality regarding that information or if a duty has otherwise been imposed upon Elevate to keep such information confidential. In addition, Elevate will not disclose to Moses Lake any Non-public Information in its possession if, in Elevate’s judgment, disclosing that information would or could result in a violation of applicable securities laws. 5. COMPLIANCE OF LAWS. In performing its obligations hereunder, Elevate shall comply with all applicable federal and/or state laws, legislation, regulations, codes of practice or requirements including but not limited to, the Foreign Agents Registration Act of 1938 (FARA) and the Lobbying Disclosure Act of 1995. 6. TERM. This Agreement shall remain in place from June 2, 2023 until May 31, 2024. This Agreement shall be renewable upon written consent of both Moses Lake and Elevate. 7. GOVERNING LAW AND VENUE. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the District of Columbia without giving effect to the conflicts of law principals thereof. The parties agree the exclusive place of jurisdiction for any action, suit, or proceeding arising under or in connection with this Agreement shall be the local or federal courts in Washington, DC. IN WITNESS WHEREOF, Moses Lake and Elevate have caused this Independent Contractor Services Agreement to be executed by their duly authorized representatives as of the date first set forth above. CITY OF MOSES LAKE: By: _____________________________ Name: Rich Huebner Title: Assistant City Manager Address: 401 S Balsam P.O. Box 1579 Moses Lake, WA 98837 ELEVATE GOVERNMENT AFFAIRS, LLC: By: _______________________________ Name: Jeff Markey Title: Co-Founder and Principal Address: 440 First Street NW Suite 550 Washington, DC 20001 Moses Lake Council Packet 6-13-23, Page 77 of 112 3 SCHEDULE A to INDEPENDENT CONTRACTOR SERVICES AGREEMENT by and between THE CITY OF MOSES LAKE and ELEVATE GOVERNMENT AFFAIRS, LLC All capitalized terms used herein shall be deemed to have the meanings set forth in the Independent Contractor Services Agreement by and between the City of Moses Lake (“Moses Lake”) and Elevate Government Affairs, LLC (“Elevate”), dated as of June 2, 2023. Pursuant to the Agreement, Elevate shall perform the following services for Moses Lake: 1. Scope of Work: Elevate will provide government affairs services in support of Moses Lake’s federal priorities, as determined by Moses Lake. These priorities and services will include, but are not limited to, the following: • Federal grant funding for PFAS testing and remediation to address groundwater contamination. • Federal grant funding for water infrastructure funding to ensure the City is prepared to meet its current and future drinking water needs. • Engagement with federal agencies to explore potential avenues towards expanding the City’s water resources using federally controlled water sources. • Congressionally Directed Spending requests. • General business and governmental consulting. • Relationship building with key Washington state congressional delegation members and critical committee members and staff with funding and oversight over programs of key importance to Moses Lake’s strategic priorities. • Relationship building with federal agency leadership and staff. • Furnish office space and logistical support during Washington, DC visits. • Other duties as assigned. Moses Lake Council Packet 6-13-23, Page 78 of 112 A Proposal to Provide Federal Government Affairs Services from: May 22, 2023 Moses Lake Council Packet 6-13-23, Page 79 of 112 2 440 First Street NW, Suite 550, Washington, DC 20001 • 202-919-9600 • elevatega.com Elevate Government Affairs, LLC 440 1st St NW Suite 550 Washington, DC 20001 202-919-9600 May 22, 2023 Rich Huebner Assistant City Manager City of Moses Lake, WA 401 S Balsam P.O. Box 1579 Moses Lake, WA 98837 Dear Mr. Huebner: Thank you for the opportunity to present this proposal to provide Federal government affairs services to the City of Moses Lake (“Moses Lake” or the “City”). Our past and existing experience working with cities, towns, and other municipalities in the Pacific Northwest and across the country uniquely positions Elevate Government Affairs (“Elevate” or “the Firm”) to provide measurable results for Moses Lake. We are subject matter experts who understand the complexities of Washington, DC and will work to secure PFAS remediation and water infrastructure funding that is critical to meeting the community’s needs. Enclosed is Elevate’s proposal, as requested following initial discussions with Moses Lake on April 25, 2023. We are excited to secure Federal funding for Moses Lake for PFAS remediation and/or water infrastructure. We understand that the presence of contaminated groundwater has resulted in limitations on the City’s water availability. This ability has been further strained by the depletion of deepwater aquifers and an expanding population. We will leverage our knowledge of federal grant programs and our relationships within Congress and the Administration to secure the Federal funds needed to address these issues. With our deep experience securing water infrastructure and other federal funding for municipalities, we are confident that we possess the necessary expertise and experience to perform at the highest level for the City. The Firm’s bipartisan structure, our dedication to crafting federal strategies tailored to each client, our commitment to client communications, and the collaboration among our professionals will allow us to succeed in the dynamic Federal arena on your behalf. Thank you for your consideration of our proposal; we look forward to continuing the dialogue between Elevate and Moses Lake. Moses Lake Council Packet 6-13-23, Page 80 of 112 3 440 First Street NW, Suite 550, Washington, DC 20001 • 202-919-9600 • elevatega.com Sincerely, Jeff Markey Co-Founder and Principal Elevate Government Affairs Moses Lake Council Packet 6-13-23, Page 81 of 112 4 440 First Street NW, Suite 550, Washington, DC 20001 • 202-919-9600 • elevatega.com Table of Contents I. Overview ............................................................................................................................................... 5 II. Scope of Work ...................................................................................................................................... 5 III. Proposed Approach ........................................................................................................................... 6 a. Congressional Outreach .................................................................................................................... 7 b. Administration Outreach ................................................................................................................... 7 c. Communications and Deliverables ................................................................................................... 8 IV. Elevate Information .......................................................................................................................... 8 V. Examples of Elevate Success ................................................................................................................ 9 a. City of Hillsboro, Oregon ................................................................................................................. 9 b. Kendall County, Village of Montgomery, Village of Oswego & Unified City of Yorkville, IL .... 10 VI. Bios ................................................................................................................................................. 10 VII. Fee Schedule ................................................................................................................................... 12 Moses Lake Council Packet 6-13-23, Page 82 of 112 5 440 First Street NW, Suite 550, Washington, DC 20001 • 202-919-9600 • elevatega.com I. Overview It is our understanding that the City of Moses Lake faces significant water supply challenges stemming from both rapid growth and fast-depleting aquifers. Contamination from the former Larson Air Force Base, now Grant County International Airport, and possibly other areas, combined with the continued drawdown of deepwater aquifers from the Columbia Basin Project has led to limited availability of new drinking water sources for the City. As Moses Lake continues to grow, there is a pressing need to secure additional water resources and build new water infrastructure that can support an expanding population, while also addressing groundwater contamination from trichloroethylene, per- and polyfluoroalkyl substances (PFAS), and other hazardous chemicals. An avenue towards mitigating this issue is Federal funding, both for PFAS remediation and water infrastructure in general. Working with the City’s leadership and subject matter experts, we are confident we have the relationships and experience necessary to secure federal funding for the City’s plans to address contamination and water availability. We have deep connections with the lawmakers that we will need to engage with – Sens. Maria Cantwell (D-WA) and Patty Murray (D-WA), as well as Rep. Dan Newhouse (R-WA). Furthermore, we have strong relationships with political and career staff at the agencies with programs that can provide funding to address these challenges, including the Environmental Protection Agency (EPA), Bureau of Reclamation (Reclamation), and the Economic Development Administration (EDA). At Elevate we are subject matter experts on a wide variety of issues and problem solvers, and we are confident in our abilities to execute a government affairs strategy on behalf of Moses Lake to ensure the City has the resources it needs. II. Scope of Work Elevate will work with Moses Lake and Marten Law to secure Federal funds for PFAS remediation and water infrastructure. We also work with the City and Marten Law to identify and pursue alternate plans that can mitigate the issues facing Moses Lake as determined by the City. If hired, we will, in conjunction with the City and Marten Law, craft a tailored Federal strategy that will identify several different paths to success. We believe that Federal funds from the EPA, including funding programs administered by the Washington Department of Ecology, can help address the PFAS and water infrastructure challenges facing the City. For example, if the City qualifies as an economically disadvantaged community for Ecology’s Remedial Action Grant program, it will likely qualify as the same for EPA’s Emerging Contaminants in Small or Disadvantaged Communities Grant program. Furthermore, engaging with the Bureau of Reclamation may provide an avenue towards accessing non- potable water from Moses Lake for use by the City. Beyond Federal agencies, we have excellent relationships with the Washington state congressional delegation and the members and senior staff of the relevant House and Senate committees. We will Moses Lake Council Packet 6-13-23, Page 83 of 112 6 440 First Street NW, Suite 550, Washington, DC 20001 • 202-919-9600 • elevatega.com leverage these connections as appropriate to amplify the voice of the City as we execute the decided upon Federal government affairs strategy. Government relations take on a fluid nature, meaning that we will be able to adapt should we, Marten Law, or Moses Lake identify a risk or opportunity that must be acted upon immediately. We can secure the necessary meetings and information on short notice and are prepared for any situation. The Scope of Work that Elevate will carry out for Moses Lake is: • Secure Federal funds for PFAS testing and remediation, as well as water infrastructure funding, to ensure that the City is prepared for both its current water needs and future growth; o Options include the: ▪ Water Infrastructure Finance and Innovation Act (WIFIA) loan program (EPA); ▪ Emerging Contaminants in Small or Disadvantaged Communities Grant program (EPA); ▪ Public Works and Economic Adjustment Assistance (Economic Development Administration); ▪ Drinking Water State Revolving Fund (EPA); ▪ Safe Drinking Water Action Grants (Ecology); and ▪ Economic Development Initiative-Community Project Funding grants (Department of Housing and Urban Development), among others. • Explore alternative avenues towards expanding the City’s water resources, such as by engaging with the Bureau of Reclamation on using water from Moses Lake for certain uses; • Engage with the Washington state congressional delegation to secure congressional champions on grant and loan applications, and to raise awareness on the issues facing the City; o This includes Sens. Cantwell, Murray, and Rep. Newhouse. • Provide the City with timely information related to identified issues from Capitol Hill and the Biden Administration; • Lead all coordination efforts as they relate to meetings with Members of Congress and Executive agencies. III. Proposed Approach As the Federal affairs representative for Moses Lake, Elevate would work with the City to ensure it secures the Federal resources necessary for success through the programs identified in the Scope of Work To best establish a strategy, we would propose an initial meeting to fully understand the issues facing Moses Lake and the water infrastructure and financial needs of the City. This understanding would provide us the framework which we would use when crafting messages to engage Members of Congress and develop a strategy for grants and loans that the City could pursue. Should a long-term approach also be desired by the City, we would continue to assess and adapt the strategic approach for Moses Lake, while still executing on the short-term goals. We view a Washington, D.C. strategy as holistic and constantly shifting based on external factors such as elections and other events affecting the political calculus. We have a longstanding and proven belief that bipartisanship is the best way to get things done and are therefore poised to take advantage of our relationships in the Administration and on Capitol Hill during Moses Lake Council Packet 6-13-23, Page 84 of 112 7 440 First Street NW, Suite 550, Washington, DC 20001 • 202-919-9600 • elevatega.com this period of divided government. We will focus our efforts on career and political officials at the EPA, the EDA, Reclamation, and key lawmakers and their staff. With respect to actual outreach, our clients range from Fortune 500 companies to local municipalities to early-stage start-ups, cutting across every industry and all 50 states. The relationships and connections that we possess cover virtually every single aspect of the federal government, whether it be with Congress Members and their staff, or with Federal Departments and sub-agencies. We have relationships beyond what is listed, but below is what we believe to be the agencies and congressional offices of the most relevance to the City. a. Congressional Outreach Members of our team have years of experience working directly with virtually every congressional committee and federal agency with authority over a wide range of issues. Our networks cut across a broad range of Congressional power centers relevant to Moses Lake including but not limited to: • Senate Leadership; • Senate Committee on Appropriations; • Senate Committee on Environmental and Public Works; • Senate Committee on Energy and Natural Resources; • Senate Committee on Commerce, Science, and Transportation; • Sen. Patty Murray (D-WA) • Sen. Maria Cantwell (D-WA) • House Leadership • House Committee on Appropriations; • House Committee on Natural Resources; • House Committee on Energy and Commerce; and • Rep. Dan Newhouse (R-WA) b. Administration Outreach Our decades of experience gives our team strong personal ties with political and career leadership within agencies relevant to Moses Lake. Our team has engaged Executive Branch agencies on many issues, including the implementation of new policy initiatives and regulatory decision-making. In addition, Elevate maintains strong personal ties with political and career leadership across the federal agencies that carry oversight over grants and programs important to the City’s federal agenda. This includes but is not limited to the: • Environmental Protection Agency; • Department of Commerce; o Economic Development Administration; • Department of Energy; • Department of Transportation; • Department of the Interior; o Bureau of Reclamation; o Bureau of Land Management • Federal Emergency Management Agency; and the • U.S. Army Corps of Engineers. Moses Lake Council Packet 6-13-23, Page 85 of 112 8 440 First Street NW, Suite 550, Washington, DC 20001 • 202-919-9600 • elevatega.com c. Communications and Deliverables Our methods of communication would be as follows: • Regular Phone Calls: Conduct regular phone calls with Moses Lake so that the City is fully informed about our activities on an ongoing basis, and to ensure that we are communicating about the current policy state of play and that we stay aligned with Moses Lake’s policy and regulatory goals; • Monthly Written Statements of Work: Each month, we give statements of work detailing the activities undertaken for clients, should the client want such a statement, and will share with Marten Law; and • Daily Communications: As needed, during certain points of the Congressional session, we will maintain daily phone and email contact with the City as we respond quickly to any roadblocks or new opportunities that may arise, and field last minute inquiries from Members, Administration officials, and their staff. We also provide a daily update of notable and relevant stories and actions from all branches of government. IV. Elevate Information Elevate, its principals, and team members have an extensive history over the past 20 years of representing and working with clients to execute their Federal agendas. We have had significant success working with similar organizations to Moses Lake as it relates to securing Federal funds due to our collaborative nature and our deep connections to Members of Congress and Executive Branch agencies. We believe these qualities make us uniquely qualified to work with the City to serve as its presence in Washington, DC. Elevate was established in October 2019 by a bipartisan team that worked together on Capitol Hill for multiple years and have since lobbied together at the Federal level for more than 16 years. The Co- Founders created Elevate with the mission of providing value to clients at every level of government by elevating their government affairs engagement to deliver measurable results against their policy priorities. We have experienced robust growth in the ensuing years because of our focus on metrics and client service, now providing tailored, curated strategies to many clients, including the City of Hillsboro, Oregon, the Village of Oswego, Illinois, the United City of Yorkville, Illinois, and the Chelan Douglas Regional Port Authority. While not exhaustive, we also represent the Port of Seattle, Northwest Seaport Alliance Meta, Microsoft, Babcock and Wilcox, SSAB and General Motors, among others. This breadth of clients and the complexity of their issues requires us to engage and work with virtually every Federal agency, Congressional committee and lawmaker of relevance to Moses Lake. Elevate’s team brings decades of combined experience working for Democratic and Republican Members of the House and Senate, Congressional Committees, and the Executive Branch. Our team consists of former Republican and Democratic senior staff to the Senate Commerce, Science, and Transportation Committee, political and career staff at the Departments of Transportation and Energy, former staff on the House Transportation and Infrastructure and Energy and Commerce Committees, personal office staff that executed Members’ legislative agendas, and more. We believe the best way to win is to leverage all these resources in support of our clients’ agendas—when you hire Elevate, you always have access to every member of our collaborative team. Moses Lake Council Packet 6-13-23, Page 86 of 112 9 440 First Street NW, Suite 550, Washington, DC 20001 • 202-919-9600 • elevatega.com Because of our firm's bipartisan and bicameral nature, we have a proven history of success, regardless of who is in the White House or who has the majority in Congress. We also use our wide-ranging sector expertise, broad networks and varied professional background to engage with third party groups and entities to deliver successful outcomes for our clients. Furthermore, the team in place at Elevate excels in collaborating with one another, providing a framework to develop innovative and effective strategies. Our size and model allow us to communicate with each other and ensures collaboration on each of our clients, utilizing all our experience and networks. Our clients are not limited to one or two of our team. This is an important aspect of our firm. When you hire us, you get our collective experience, everyone in the firm is aware of each client’s goals and is used to achieving them. Elevate is a firm full of trusted advisors with expertise across multiple sectors. At Elevate, we harness our diverse experiences and backgrounds and work collectively to maximize success across the legislative and executive branches. We help our clients rise above the noise and cut through governmental gridlock. We partner with our clients to identify the right goals and clear the right paths to achieve them. We have grown significantly since launching our own company with little degradation of clients. We are proud of that. It shows that we are executing and providing a return on investment to our clients. V. Examples of Elevate Success We have a history and strong record of accomplishment working with and driving results on behalf of our clients who share similar aspects to Moses Lake, both structurally and in their policy goals. Below are two brief examples of the work that we have done with these clients. a. City of Hillsboro, Oregon Elevate has worked with the City of Hillsboro since 2010. During that time, our focus has largely been on the Water Department and specifically accessing a new source of water for the City of Hillsboro from the Willamette River. As the home of Intel’s semiconductor manufacturing, access to water is a key economic driver for the City. Working on behalf of the City and other impacted cities along the Willamette through our concurrent representation of the Pacific Northwest Section of the American Water Works Association, we have led the effort in Washington, DC to advance a reallocation study through the Army Corps of Engineers and the House and Senate committees of jurisdiction. We assisted the City and its partners in advancing the reallocation through the Corps’ process and secured a signed Chief’s Report, and worked with the Oregon delegation and the committees of jurisdiction to secure a modification to provide local flexibility while protecting municipal water. The authorization and the modification were both signed into law as part of the Water Resources Development Act of 2020. Additionally, we were successful in advising the City as they applied for and received a loan under the Water Infrastructure Finance and Innovation Act (WIFIA) program. This loan was one of two loans related to the $1.3 billion Willamette Water Supply System. The City secured $250.5 million to assist in the construction of 30 miles of pipes, intake valves, a water treatment plant and two storage reservoirs to deliver Willamette River water to the City and County. In 2020, we successfully worked with the City and WIFIA office to refinance the loan to take advantage of the low interest rate environment at the time, saving taxpayers $50 million over the life of the loan. Additionally, we have secured earmarks for the City and its municipal partners to expand the federal partnership and drive additional federal funding to the project. Moses Lake Council Packet 6-13-23, Page 87 of 112 10 440 First Street NW, Suite 550, Washington, DC 20001 • 202-919-9600 • elevatega.com b. Kendall County, Village of Montgomery, Village of Oswego & Unified City of Yorkville, Illinois For Kendall County, the Village of Montgomery, Village of Oswego and the United City of Yorkville , we serve as the Washington, DC representative for all interactions with the Federal government. Like with Hillsboro, we have a history of success of using the appropriations process to secure funds for them. For the current federal fiscal year (FY 2023) we were able to secure $6.6 million in funding between the FY23 Transportation, and Housing and Urban Development and FY23 Interior, Environment Appropriations bills that were passed by the House. We are also constantly engaging with the House and Senate Appropriations Committees, as well as the Department of Transportation (“DOT”), the Federal Railroad Administration (“FRA”), and the Office of the Secretary of Transportation (“OST”), the Environmental Protection Agency (“EPA”) and the Water Infrastructure Finance and Innovation Act Program Office as part of our efforts to secure funding for Oswego’s and Yorkville’s commuter rail extension project and their project to secure a new drinking water source for the communities due to projected water shortages and contamination in their aquifer. VI. Bios Jeff Markey, Co-Founder and Principal: Jeff Markey has spent more than thirty years working to drive outcomes at the Federal level. He has worked across issues in his roles as both senior staff to Members of Congress and Consultant. Jeff has been leading teams for more than 20 years that have secured billions of dollars in Federal funding and created new Federal programs and legislation. Jeff has been at the crossroads for those who engage the Federal government as a regulator, funder, customer, client, or market maker. Prior to co-founding Elevate, Jeff was a driving force behind Signal Group (formerly McBee Strategic) for more than 16 years. Jeff’s commitment to his clients and ability to drive measurable value is demonstrated by the long tenure he has working with his clients. Jeff has extensive experience designing and creating winning strategies to accomplish client goals in new and innovative ways and harness all the tools required to drive success in the Halls of Congress and within Federal agencies. Jeff served as Deputy Chief of Staff to former Congressman Doc Hastings (R-WA), Legislative Director to the late Congressman Jack Metcalf (R-WA) and worked for Senator John Seymour (R-CA) and the Bureau of Political-Military Affairs at the U.S. Department of State. David Marten, Executive Vice President: David has spent nearly a decade leading successful legislative and political strategies at the Federal level on issues ranging from transportation, technology, and tax to energy, environment, and natural resources. With bipartisan relationships across the Senate and House of Representatives, David has a record of impacting policy and creating win-win solutions for stakeholders. David most recently served as Legislative Director for Senator Maria Cantwell (D-WA), Chair of the Senate Committee on Commerce, Science, and Transportation, where he oversaw the Senator’s legislative agenda and initiatives on the Commerce, Finance, Energy & Natural Resources, Indian Affairs, and Small Business Committees. Working at the nexus of the Senator’s personal and committee offices, he helped deliver hundreds of millions of dollars in Federal infrastructure funding for Washington state priorities. Moses Lake Council Packet 6-13-23, Page 88 of 112 11 440 First Street NW, Suite 550, Washington, DC 20001 • 202-919-9600 • elevatega.com Prior to his work in the Senate, David served as Deputy Director of Washington Governor Jay Inslee’s D.C. office, serving as one of the Governor’s primary liaisons with Congress and the executive branch. He began his D.C. career as a policy advisor to former congressman Denny Heck (D-WA). A Washington state native, David splits his time between Seattle, WA, and Washington, DC. Rob Chamberlin, Co-Founder and Principal: Rob Chamberlin has over 20 years of political and policy experience in Washington, DC. He provides advice and insight on business and lobbying issues to clients from the Fortune 100 to emerging growth and public sector clients and shapes their strategic engagement with the government. Rob works closely with his clients and supports them through outreach to Senate and House Republicans across issues ranging from transportation, technology, financial services and energy to cyber-security, homeland security, telecommunications, and defense. Trained as a lawyer, Rob brings those skills to his engagement with the Administration on behalf of firm clients, effectively advocating issues across Agencies and at the White House. A co-founder of Elevate, Rob brings a wealth of experience from serving on House and Senate committees. He served as Chief Counsel on the Senate Commerce, Science, and Transportation Committee under Chairman John McCain (R-AZ) and as Assistant Counsel on the House Committee on Transportation and Infrastructure for two years under Chairman Bud Shuster (R-PA). In 2004, Rob joined what was then McBee Strategic as a lobbyist. He helped manage and grow the Association to a top 20 bipartisan advocacy and public affairs company which became Signal Group in 2016. Rob has been named a Top Lobbyist by The Hill for several years. Prior to coming to Capitol Hill, Rob was an attorney for the Airports and Environmental Law Division at the Federal Aviation Administration focusing on administrative law, noise, and environmental issues. Rob began his professional career as an attorney at the law firm Beveridge & Diamond, P.C. Sam Whitehorn, Co-Founder and Principal: Sam has spent his more than 30-year career addressing tough legal and policy issues. He has been deeply involved in infrastructure, transportation and technology sectors and their intersection for years. Co-founding Elevate will allow him to continue to collaborate and craft responsible solutions to those issues. Sam has been in the trenches on transportation security, leading the effort to create the Transportation Security Administration after 9-11, and knows the rigors and pressures of the Senate and House intimately. He has worked on issues like noise, transportation funding, and safety in a host of sectors over the years. He continues to work with clients across the tech and telecom sectors with Congress and the Administration. Additionally, he has worked on behalf of Alaska Native Corporations to advocate for opportunities for their members. His work today continues to drive decision makers to solution-driven outcomes as evidenced by his selection as a Top Lobbyist by The Hill for the past several years. Sam has held key positions on the U.S. Senate Commerce, Science and Transportation Committee (Senior Counsel to the Aviation Subcommittee, Deputy Staff Director, General Counsel, and briefly, Staff Director) under Chairmen Hollings (D-SC), Rockefeller (D-WV) and Inouye (D-HI). Prior to his time on Capitol Hill, Sam was a Senior attorney at both the United States Department of Transportation General Counsel’s office, focusing on motor carrier safety and aviation issues and a Senior Attorney at the Civil Aeronautics Board, where he focused on antitrust issues oversight, aircraft noise policy and slot- controlled airport regulations. Sam serves on the Board of the Greater Washington Aviation Open, a group devoted to raising funds for worthy charities. A full list of our team and their bios can also be found on our website. Moses Lake Council Packet 6-13-23, Page 89 of 112 12 440 First Street NW, Suite 550, Washington, DC 20001 • 202-919-9600 • elevatega.com VII. Fee Schedule Based on conversations with Moses Lake, Elevate proposes a one-year contract with an all-inclusive monthly retainer of $8,500, excluding any travel and/or other expenses requested and approved by the City, to provide the services described above. This monthly retainer is inclusive of all services performed by Elevate for a given month. The contract would be renewable subject to the written consent of Elevate and Moses Lake and cancellable by either party with 30 days written notice. This contract could be structured either between the City and Elevate directly, or as a subcontract to Marten Law LLP. Moses Lake Council Packet 6-13-23, Page 90 of 112 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: Kevin Fuhr, Interim City Manager 11129 Richard Law Municipal Services 6/13/2023 Consent Agenda Accept Improvements Stratford & Valley Signal Emergency Project City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 0.00$0.00$0.00$ Motion to accept the Stratford & Valley Signal Emergency Project (GC2023-110) 3355_001.pdf 62.68KB The signal controller for the Valley & Stratford Road intersection was destroyed in a traffic accident. City Staff followed the emergency public works process to award the work to Northeast Electric, LLC to get the intersection running again as soon as possible. City Council previously ratified the emergency declaration. The battery backup cabinet took several weeks to arrive on site, which delayed to final completion of the project. The work is now complete and the final pay estimate accepted by the Contractor. The final cost for this project is $54,000. The original bid amount was $59,000. The savings due to a reduced need to provide traffic control during construction. Upon acceptance, the City will enter into the 60-day lien period as required by Washington State Law. Options and Results Staff will send a Notification of Acceptance to the contractor and the 60-day lien period will begin. Staff will bring back options for recommended changes. Moses Lake Council Packet 6-13-23, Page 91 of 112 No Action Taken: The project will not be formally accepted at this time Moses Lake Council Packet 6-13-23, Page 92 of 112 Moses Lake Council Packet 6-13-23, Page 93 of 112 Council Staff Report Agenda Item Number: Department Proceeding Type Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview 10740 Municipal Services Old Business To: Kevin Fuhr, Interim City Manager From Water Resources Committee For Agenda of: 6/13/2023 Subject Water Conservation Measures 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$0.00$ 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 6-13-23, Page 94 of 112 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 6-13-23, Page 95 of 112 Provide Amended Direction: No Action Taken: Staff will bring back options for recommended changes. Continue processing in the current manner. Moses Lake Council Packet 6-13-23, Page 96 of 112 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 6-13-23, Page 97 of 112 ORDINANCE 3029 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 6-13-23, Page 98 of 112 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. Formatted: Font: Italic Moses Lake Council Packet 6-13-23, Page 99 of 112 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 June 13, 2023. _____________________________________ Don Myers, Mayor Moses Lake Council Packet 6-13-23, Page 100 of 112 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: June 19, 2023 Date Effective: June 24, 2023 Moses Lake Council Packet 6-13-23, Page 101 of 112 RESOLUTION 3941 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 June 13, 2023. ________________________________________ Don Myers, Mayor ATTEST: ____________________________________ Debbie Burke, City Clerk Moses Lake Council Packet 6-13-23, Page 102 of 112 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 6-13-23, Page 103 of 112 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 6-13-23, Page 104 of 112 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 6-13-23, Page 105 of 112 Council Staff Report Agenda Item Number: Department Proceeding Type Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Overview Fiscal and Policy Implications 11157 Community Development New Business To: Kevin Fuhr, Interim City Manager From Kirsten Sackett, Director For Agenda of: 6/13/2023 Subject Shoreline Master Plan Update Reviewed and Approved by: City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 0.00$0.00$0.00$ The Shoreline Master Program (SMP) final draft is provided for City Council's review to consider adoption at the June 27, 2023 meeting. This first reading is an overview to acquaint Council with the SMP. Adopting Ordinance - Moses Lake Draft.docx 25.84KB The Shoreline Management Act (SMA) requires all counties and most towns and cities with shorelines to develop and implement Shoreline Master Programs. The SMA was passed by the Washington Legislature in 1971 and adopted by voters in 1972. Its overarching goal is "to prevent the inherent harm in an uncoordinated and piecemeal development of the state’s shorelines." Local jurisdictions are required to periodically update their adopted Shoreline Management Program (SMP) to maintain compliance with state statutes and local goals and policies. The Planning Division has worked with consultants from SCJ Alliance to update the City’s SMP. SEPA (environmental) review has been conducted on the SMP and a Determination of Nonsignificance was issued. The Planning Commission has reviewed the SMP periodically throughout the update process. The Planning Commission held a public hearing on February 16, 2023 and recommended approval of the proposed amendments and forwarded to City Council. The updated SMP has been submitted to the Department of Ecology and has provided a formal written statement of concurrence of the proposed amendments. Options and Results Moses Lake Council Packet 6-13-23, Page 106 of 112 Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Review SMP Staff will bring back options for recommended changes. No action needed at this time. Moses Lake Council Packet 6-13-23, Page 107 of 112 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, ADOPTING THE 2023 SHORELINE MASTER PROGRAM PERIODIC REVIEW AS REQUIRED BY RCW 90.58.080(4) WHEREAS, the Shoreline Management Act (SMA) requires the City of Moses Lake to develop and administer a Shoreline Master Program (SMP); and WHEREAS, Moses Lake adopted a comprehensive SMP update as required by RCW 90.58.080(2), which was effec�ve as of January 17, 2017, and WHEREAS, RCW 90.58.080(4) requires Moses Lake to periodically review and, if necessary, revise the master program on or before June 30, 2023; and WHEREAS, the review process is intended to bring the SMP into compliance with requirements of the act or state rules that have been added or changed since the last SMP amendment, ensure the SMP remains consistent with amended comprehensive plans and regula�ons, and incorporate amendments deemed necessary to reflect changed circumstances, new informa�on, or improved data; and WHEREAS, the City of Moses Lake developed a public par�cipa�on program for this periodic review in accordance with WAC 173-26-090(3)(a) to inform, involve and encourage par�cipa�on of interested persons and private en��es, tribes, and applicable agencies having interests and responsibili�es rela�ng to shorelines; and WHEREAS, the City of Moses Lake used Ecology’s checklist of legisla�ve and rule amendments to review amendments to chapter 90.58 RCW and department guidelines that have occurred since the master program was last amended, and determine if local amendments are needed to maintain compliance in accordance with WAC 173-26-090(3)(b)(i); and WHEREAS, the City of Moses Lake conducted a formal public comment period in compliance with requirements of WAC 173-26-104; and WHEREAS, the City published a legal no�ce in the Columbia Basin Herald on January 13, 2023 for a public hearing on the proposed Planning Commission recommenda�ons, including a statement that the hearings were intended to address the periodic review in accordance with WAC 173-26-090(3)(c)(ii); and WHEREAS, The City’s SEPA responsible official circulated a State Environmental Policy Act (SEPA) environmental checklist for review. A Determina�on of Nonsignificance (DNS) was issued on February 10, 2023; and WHEREAS, the Moses Lake Planning Commission took public tes�mony on the proposed Planning Commission recommenda�ons at a public hearing on February 16, 2023; and WHEREAS, the Moses Lake Planning Commission reviewed the public tes�mony and writen comments on the proposed SMP revisions, and suggested revisions to the proposed amendments; and WHEREAS, the Moses Lake Planning Commission recommended approval of the proposed amendments and forwarded it City Council for review and adop�on on February 16, 2023; and Moses Lake Council Packet 6-13-23, Page 108 of 112 WHEREAS, the City of Moses Lake provided No�ce of Intent to Adopt to the Washington State Department of Commerce in accordance with WAC 173-26-100(5); and WHEREAS, a�er considering all public comments and evidence, the Moses Lake City Council determined that the proposed amendments comply with all applicable laws and rules; and WHEREAS, this completes the City of Moses Lake’s required process for periodic review in accordance with RCW 90.58.080(4) and applicable state guidelines (WAC 173-26). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOSES LAKE; Sec�on 1. Review and Evalua�on. The City Council hereby finds that the review and evalua�on required by RCW 90.58.080(4) have occurred, as described in the recitals above. Sec�on 2. Revisions. That Shoreline Master Program Periodic Update and maps are hereby amended to read as set forth in Exhibit 1 atached to this ordinance and incorporated herein by this reference. Sec�on 3. Adop�on. The Council hereby adopts the above referenced SMP revisions and finds the amended SMP consistent with the requirements of RCW 90.58 and WAC 173-26, as they apply to these amendments. Sec�on 4. Submission to Department of Ecology. The City of Moses Lake is directed to submit the SMP and associated documents to the Department of Ecology for their review and approval prior to formal adop�on. If/Once approved by the Department of Ecology no further ac�on is necessary for compliance with RCW 90.58.080(4) for the periodic review update due on June 30, 2023. Sec�on 5. Effec�ve Date. The amendments to the SMP adopted through Ordinance XX______ shall be effec�ve 14 days a�er Department of Ecology final ac�on as provided by RCW 90.58.090(7). ADOPTED BY THE CITY COUNCIL OF THE CITY OF MOSES LAKE, AT A REGULAR MEETING THEREOF, THIS 27 DAY OF JUNE, 2023. ________________________________________ Don Myers, Mayor ATTEST: ________________________________ Debbie Burke, City Clerk APPROVED AS TO FORM: __________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Skaug Vote: Date Published: <Monday after Council> Date Effective: (Saturday/5 days later unless otherwise regulated) Moses Lake Council Packet 6-13-23, Page 109 of 112 Council Staff Report To:Agenda Item Number: From Department For Agenda of:Proceeding Type Subject Reviewed and Approved by: Expenditure Required:Amount Budgeted:Appropriation Required: Action Requested Packet Attachments (if any) Kevin Fuhr, Interim City Manager 11174 Doug Coutts Parks, Recreation, and Cultural Services 6/13/2023 New Business Red, White and Boom! Fee Waiver Request City Manager City Attorney Community Development Finance Fire Human Resources Municipal Services Parks, Rec, & Cultural Services Police Technology Services 0.00$0.00$0.00$ Waive vendor fees of 15% of gross revenue on for-profit vendors and 10% of gross revenue on non-profit vendors and sidewalk sale per business fee of $25 in for businesses participating in the Red, White, and Boom! event. Moses Lake Council Packet 6-13-23, Page 110 of 112 Overview In accordance with the established fee schedule, ordinances, policies and procedures, vendors at special events are charged concessionaire fees of 15% of gross revenue on for-profit vendors and 10% of gross revenue on non-profit vendors. Additionally, each business participating in a sidewalk sale is charged a $25 fee. Staff does not have the authority to waive these fees. For the Red, White, and Boom! event we plan on having vendors in McCosh Park and the DMLA would like to have a sidewalk sale. We currently have 5-6 vendors for McCosh Park and no businesses willing to pay the $25 fee for the sidewalk sale. In order to increase business participation in the event and encourage the community to come downtown on July 1st to enjoy it, staff would recommend waiving the concessionaire fees for vendors and the sidewalk sale fee for businesses in conjunction with the July 1st Red, White, and Boom event. The Planned schedule of events is currently as follows: 8 a.m. – 2 p.m., Farmer’s Market at McCosh Park · 8am-2pm-Farmers Market, McCosh Park · 12 – 2 p.m., Free Family Saturday Scavenger Hunt at McCosh Park picnic pavilion near tennis courts 2 – 5 p.m., “Party on 3 ”, Sinkiuse Square · 2-5pm-Games & Giveaway booths from Community Organizations o Moses Lake Museum & Art Center, activity for families & information o Moses Lake Library, activity for families & information o Grant County Animal Outreach booth o Grant County Health District booth o MLK Jr. Committee booth (tentative) o Special Olympics booth o Grant County Conservation District booth · 2 – 4 pm-Open Mic · 3-3:30pm & 4-4:30pm-Bilingual story time at the Obra Project, sponsored by Moses Lake Library · 4 – 5pm-Street taco contest judging-Two current entrants-“El Chele” and “El Mirinda”. We are looking for more so put pressure on your favorite taco purveyor to step up! 5 – 10:30 p.m., “Picnic in the Park” § 5-8:30pm-Mobile Rec, games and activities § 5-8:30pm-Cornhole free play (or contest, still working on this) § 5-10pm-Food/Merchandise Vendors § 8:30-10pm-“Music at McCosh” summer concert series inaugural concert featuring Stone in Love, a Journey tribute band § 10pm-Fireworks Publicity: · Banners (Proof attached) have been posted in public spaces advertising the event · The event is posted (post graphic attached) on the City website as well as on Social media pages for the City, the Parks Recreation and Cultural Services Department, and the Moses Lake Museum. The Columbia Basin Herald has pulled the Schedule from our webpage (graphic attached) and posted it on their social media page. · The event is also running on the screens at the visitor’s information center in the Civic center, at Larson Recreation Center, and on the upper screen at Surf ‘N’ Slide Water Park. Recognizing entrants in the Taco Contest and sponsors as they come in on social media with shout outs. rd Moses Lake Council Packet 6-13-23, Page 111 of 112 Fiscal and Policy Implications Approve, Authorize, or Adopt: Provide Amended Direction: No Action Taken: Some loss of direct revenue to the City. Increases in revenue to downtown businesses. Options and Results Fees for registered vendors and businesses participating at McCosh Park and in the Downtown Sidewalk sale would not be charged. Staff will bring back options for recommended changes. Fees will be charged as stated in the fee schedule for these vendors/businesses Moses Lake Council Packet 6-13-23, Page 112 of 112