FINAL 2023 0627 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 27, 2023
Moses Lake Civic Center – 401 S. Balsam or remote access*
6:10 p.m. – Executive Session
Evaluate qualifications of applicants and Potential Litigation pursuant to RCW 42.30.110(1)(g)and(i)
Regular Meeting Agenda
Call to Order – 6:30 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Presentation – Airport Commission Quarterly Report – Assistant City Manager Rich Huebner
Citizen’s Communications**
Summary Reports:
Mayor’s Report
- NSDAR US Flag Display Certificate pg 4
-Parks and Recreation Month Proclamation
-Citizen Comment Rules
Additional Business
City Manager’s Report
-Northshore Lift Station Project Noise Exception pg 6
-Public Works Projects
- Water Conservation Solutions Workshop Update
-Shopping Cart Theft Update
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.
Motion
COML Council Packet 6-27-23, Page 1 of 101
June 27, 2023, City Council Meeting Page 2 _________________
Consent Agenda Continued
#1 pg 13
a.City Council Meeting Minutes Dated June 13, 2023
b.Claims and Payroll
c.LOCAL Program Intent for Police Station
d.Accept Valley Rd Reconstruction Project
e.Accept The Refuge at Mae Valley Major Plat 1st Addition Resolution 3942
f.Accept Maple Grove Planned Unit Development Phase 2 Resolution 3943
g.Accept Milwaukee and AeroTEC Water Main Project (GC2021-034)
h.Accept Maple Grove Park Improvements and Deed Resolution 3944
Old Business
#2
Motion x2
#3
Motion
pg 53
Water Conservation Code/Fee Update Ordinance 3029, Resolution 3941
Presented by Rich Huebner, Assistant City Manager
Summary: Council to review and consider adoption
pg 64
Shoreline Management Program Ordinance 3030
Presented by Kirsten Peterson, Community Development Director
Summary: Council to review and consider adoption
New Business
#4
Motion
#5
Motion
#6
pg 88
Municipal Airport Lease Insurance Requirements
Presented by Rich Huebner, Assistant City Manager
Summary: Council to review and provide direction to staff
pg 92
Municipal Airport Commission Membership
Presented by Rich Huebner, Assistant City Manager
Summary: Council to review and provide direction to staff
pg 94
Development Code Update
Presented by Kirsten Peterson, Community Development
Director Summary: Discussion
Administrative Reports
Council Committee Reports
Adjournment
Next Regular Council Meeting is scheduled for July 11, 2023
COML Council Packet 6-27-23, Page 2 of 101
June 27, 2023, City Council Meeting Page 3 _________________
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/83652426280
Or iPhone one-tap: US: +12532158782,,83652426280# or +13462487799,,83652426280# 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: 83652426280. 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.
COML Council Packet 6-27-23, Page 3 of 101
�DAR
Daughters of the American Revolution
May 23, 2023
On behalf of The Flag of the United States of America Committee, NSDAR, it
is my great pleasure to present the City of Moses Lake with this Certificate
of Award for 'Proper Use, Correct Display and Patriotic Presentation of The
Flag of the United States of America.
My sincere and heartfelt thanks,
�"aQv-d,Uw�
Cindy Jo nson-Sakuma, WA State Chairman
The Flag of the United States of America Committee
National Society Daughters of the American Revolution
COML Council Packet 6-27-23, Page 4 of 101
COML Council Packet 6-27-23, Page 5 of 101
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Kevin Fuhr, Interim City Manager 11301
Richard Law PE Municipal Services
6/27/2023 City Manager's Report
Northshore Lift Station Project Noise Exception
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 City Council grant temporary approval for the Northshore Lift Station Project Contractor to
operate a sound attenuated generator between the hours of 10 pm and 7 am in a residential area.
Northshore Lift Station Sound Attenuated Generator.pdf 1.31MB
The contractor for the Northshore Lift Station project has requested to operate a sound attenuated generator
between the hours of 10 pm and 7 am. near the Edgewater Lane cul-de-sac. This is necessary in order to
remove ground water from excavations at the work site in order to proceed with the project.
The contractor is also considering other options including drawing electrical power from a transformer at the
work site. This option is probably not workable since the transformer is going to be decommissioned as part of
the project and excavations near the transformer may preclude it from being used as a power source.
MLMC 8.28 states that noises emanating from temporary construction sites in residential zones are exempt from
the noise ordinance except between the hours of 10 pm and 7 am unless otherwise approved by the City
Council.
The generator that has been submitted to city staff is rated to operate at 68 dBA at 23 feet. This level of noise is
equivalent to the level of noise emanating from a normal conversation between two people.
It is expected that the generator would need to be run continuously for a period of about 4-5 days during the last
week of June or the first or second week in July.
None.COML Council Packet 6-27-23, Page 6 of 101
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Options and Results
Staff will notify the contractor that they have been approved to temporarily operate the generator between the
hours of 10 pm and 7 am.
Staff will bring back options for recommended changes.
Staff will pause the project and investigate other options.
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MOSES LAKE CITY COUNCIL June 13, 2023
STUDY SESSION
Groundwater Management Area Study and Aquifer Status GeoEngineers Hydrogeologist Kevin Lindsey presented a slide deck on the usage of water in the
Columbia Basin. He compared the national average for residential consumption of 250 gallons per
day to the City’s average of 1,000 gallons per day. He reviewed data from the Supervisory Control and Data Acquisition (SCADA) showing a decline of the aquifer. Mr. Lindsay explained interference for overall capacity is due to the decline of water in the wells. They are working to get agriculture use off the potable water aquifer and are working with Moses Lake Irrigation and Rehabilitation District
for lake water access.
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 6:35 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.
ROLL CALL
Present: Mayor Myers; Council Members Eck, Fancher, Madewell, Swartz, and Skaug. Deputy Mayor Martinez was in attendance remotely.
PLEDGE OF ALLEGIANCE
Mayor Myers led the Flag Salute.
AGENDA APPROVAL
Council Member Skaug requested to postpone agenda item 5 “Shoreline Master Program – First
Reading”.
Action taken: Council Member Skaug moved to approve postponing agenda item 5, second by Council Member Madewell. The motion carried 5 – 2, Mayor Myers and Deputy Mayor Martinez were opposed.
Action taken: Deputy Mayor Martinez moved to approve the Agenda as amended, second by
Council Member Skaug. The motion carried 7 – 0.
The motion to table was followed by a motion to rescind under City Manager’s Report.
Action taken: Council Member Swartz moved to approve the addition back to the agenda of item 5, second by Deputy Mayor Martinez. The motion carried 7 – 0.
CITIZEN’S COMMUNICATION
Homeless Andrew Koeppen, Moses Lake, thanked Council for enforcing laws regarding the Homeless on Central Drive. He provided details on the high costs of the San Diego Housing Plan.
Various Topics Elisia Dalluge, Moses Lake, spoke on the PFOS litigation, water conservation example from California, Police Grants, McCosh Park water conservation signs, and hiring of a City Manager.
COML Council Packet 6-27-23, Page 13 of 101
SUMMARY REPORTS
MAYOR’S REPORT
Sister City Proclamation
A proclamation was read to commemorate the relations and benefits from the strong friendships developed with the Yonezawa City, Japan. Council Member Swartz displayed prints from a local artist that will be sent to Japan to reciprocate the tapestry they sent to our City following the online Anniversary event last year. Student Exchange Committee Member Amador Castro provided an update on the in-person student exchange planned for
2024, memorial park bench donation, and thanked Council for their support of the program.
Parks, Recreation, and Cultural Services Board Appointment Park Board Chair Charlene Rios and Parks Director Doug Coutts interviewed three candidates meeting the eligibility criteria of residing in the City Limits. Mayor Myers
concurred with their recommended appointment to vacant position with a term due to expire
in December.
Action taken: Council Member Swartz moved to confirm appointment of Brad Harshman, second by Council Member Mark Fancher. The motion carried 7 – 0.
New Parks, Recreation, and Cultural Services (PRCS) Committee
The PRCS is being separated from the Community Development and Municipal Services Council Committee. The new committee will meet on the 3rd Tuesday each month at Noon.
Action taken: Council Member Fancher moved to confirm appointments of Council Members Swartz, Madewell, and Eck, second by Council Member Skaug. The motion carried 7 – 0.
ADDITIONAL BUSINESS
Council Member Fancher requested a Study Session be facilitated for water conservation solutions prior to budget work.
Council Member Swartz inquired about feasible options to eliminate shopping cart thefts.
CITY MANAGER’S REPORT
Fire Department Citizen Recognition Fire Chief Brett Bastian and Medical Services Officer Todd Schanze presented Amanda Taylor and Lewis Espinoza with a certificate and challenge coin for their heroic deed in performing life-saving CPR to a citizen on May 3rd.
PRR Inc. Contract Review The consultants have completed the Strategic Communications Plan for water issues being faced by the City. The second phase of the contract would be designing campaign materials. Council concurred to have staff to issue a 30-day notice to terminate the contract.
NCW Opioid Abatement Council Interlocal Agreement Council authorized execution of the Interlocal Agreement as presented on April 25. A new draft was circulated containing minor amendments tailored to fit needs of involved entities.
COML Council Packet 6-27-23, Page 14 of 101
Action taken: Deputy Mayor Martinez moved to authorize the revised agreement, second by Council Member Eck. The motion carried 7 – 0.
Perteet Inc Contract Amendment
The last contract amended services for the Interim Municipal Services Director through the end of December. The proposed amendment will provide funding at the current level of services through year end, should the position remain unfilled.
Action taken: Council Member Fancher moved to authorize the contract amendment through
year end, second by Council Member Eck. The motion carried 7 – 0.
Department of Ecology (DOE) Grant Award The City has been awarded a $200,000 grant from DOE to perform an Aquifer Storage and Recovery Alternatives Evaluation and Cost-Benefit Study. A copy of the grant was emailed to Council prior to the meeting.
Action taken: Council Member Swartz moved to authorize the grant award as presented, second
by Mayor Myers. The motion carried 7 – 0.
PUBLIC HEARING
#1 Interim Control for Covered Parking Findings Council adopted emergency land use controls to remove the requirement for covered parking at their meeting on May 23. A hearing is required to be held within 60-days of
adoption, as well as approval of the proposed Work Program to permanently remove this regulation from MLMC 18.20.050 and 18.54.040. Mayor Myers opened the Public Hearing at 7:25. There being no comment, the hearing was closed.
Action taken: Council Member Swartz moved to approve the Work Program as presented, second by Council Member Fancher. The motion carried 7 – 0.
#2 6-year Transportation Improvement Program (TIP) Resolution 3940Staff presented the draft TIP to the Planning Commission on June 8. The Planning Commission requested three additions: an I-90 interchange at Potato Hill Road, another interchange at Road K/Clover Dr, and an Agriculture mobility study. The final TIP will be an exhibit to the Capital Facilities Plan and sent to the Regional, State, and Federal
planning organizations for projects to be eligible for grant funding. Mayor Myers opened the Public Hearing at 7:35. There being no comment, the hearing was closed.
Action taken: Council Member Fancher moved to adopt Resolution 3940 with the three additions from the Planning Commission, second by Council Member Swartz. The motion carried 7 – 0.
CONSENT AGENDA
#3 a. City Council meeting minutes dated May 9, 11, 18, 19, 23, 2023b. Electronic Transfer: 253 - 258 - $1,186.33Checks: 160889 - 161124 - $1,121,715.37Payroll Checks: #65146 - 65241 - $26,173.76
Electronic Payments: Direct Deposit - $562,716.03
COML Council Packet 6-27-23, Page 15 of 101
c.Central Operations Facility Upgrade Amendment #5d. Westshore Dr. Gravity Sewer Budget Amendmente. Professional Services Contract with Elevate Government Affairs, LLC
f.Accept Stratford & Valley Signal Emergency Project
Action taken: Council Member Swartz moved to approve the Consent Agenda as presented, second by Council Member Madewell. The motion carried 7 – 0.
OLD BUSINESS
#4 Water Conservation Code/Fee Update Ordinance 3029, Resolution 3941 The staff Water Resources Committee presented changes to Council in April in effort to further conserve potable water resources and conducted a Study Session on May 9 to provide answers to Council questions. Elliott Delong provided comments on behalf of the
Columbia Basin Conservation District related to deep water basalt aquifer recovery and
conservation programs including work with the Heritage Gardens, Grant County Health District algae tracker, and City Park watering programs. Council requested staff make modifications to the Ordinance and bring back to the first meeting in July.
NEW BUSINESS
#5 Shoreline Management Program Amendment – First Reading Staff worked with consultants from SCJ Alliance to prepare the periodic update. The Planning Commission conducted a Public Hearing on February 16 and recommends Council approval. Rachel Granrath with SCJ Alliance discussed the checklist that shows
the changes of required regulation and local options, which will be included in the packet for the next meeting.
#6 Red, White, and Boom! Fee Waiver Request Staff requests waiving the concession and flat vendor fees in order to increase business
participation to improve attraction for the community to attend the July 1st activities at McCosh Park and in the downtown area. A schedule of events was provided in the meeting packet. The fee waivers are for this event only and staff is evaluating the procedures for these fees for all future events in the City.
Action taken: Council Member Skaug moved to authorize the fee waivers as presented, second
by Council Member Eck. The motion carried 7– 0.
COUNCIL COMMUNICATIONS AND REPORTS
Council Member Eck reported Port of Moses Lake business: 737 Max airplane storage, Father’s
Day Airshow, and that the construction of the railway begins in July.
Council Member Skaug attended the Finance Committee Meeting and thanked Finance Director Madeline Prentice for her work.
Deputy Mayor Martinez attended the Chamber of Commerce Town Hall Meeting. She advised
that the Board of County Commissioners will be holding a public forum with local agencies on
COML Council Packet 6-27-23, Page 16 of 101
July 13. She thanked Interim City Manager Kevin Fuhr and Communications and Marketing Specialist Lynne Lynch for online posts about the 4th of July celebration and water conservation.
Mayor Myers attended the Spring Fest Committee meeting. He announced that Ian Lockwood,
from Toole Design Group, will be doing a presentation in Moses Lake at the Civic Center Auditorium on June 22 from 10:30 to 4:30 p.m. The presentation is titled Design Training: Explore current transportation opportunities to plan, design, and build walkable, accessible communities.
ADJOURNMENT
The regular meeting was adjourned at 9:10 p.m.
______________________________________ Don Myers, Mayor
ATTEST____________________________
Debbie Burke, City Clerk
COML Council Packet 6-27-23, Page 17 of 101
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 11292
Madeline Prentice, Director Finance
6/27/2023 Consent Agenda
Disbursement report since June 13, 2023
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
2,171,380.10$2,171,380.10$0.00$
Approve payment of claims as presented.
The following amounts were budgeted, and sufficient funds were available to cover these payments:
Electronic Transfer: N/A
Checks: 161125 - 161245 - $1,498,556.03
Payroll Checks: #65242 - 65313 - $31,972.28
Electronic Payments: Direct Deposit - $640,851.79
Vouchers - 06.27.2023.pdf 121.95KB
COML Council Packet 6-27-23, Page 18 of 101
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW
42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at
least a monthly basis. The State Budgeting, Accounting and Reporting Systems (BARS) Manual outlines the
above format for approval by the City Council.
RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering
services or performing labor must be certified by the appropriate official to ensure that the materials have
been furnished, the services rendered, or the labor performed as described, and that the claims are just, due
and unpaid obligations against the City.
RCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been
met. The statute allows the issuance of warrants or checks in payment of claims before the legislative body
has acted to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the
legislative body had adopted policies that implement effective internal control; (3) the legislative body has
provided for review of the documentation supporting the claims within a month of issuance; and (4) that if
claims are disapproved, they shall be recognized as receivables and diligently pursued.
The City meets all these conditions.
To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly Council
approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments
during the period prior to the date of the Council meeting.
All payments made during this period were found to be valid claims against the City. Details are attached and
any questions should be directed to the City Manager or Finance Director.
The City's internal controls include certification of the validity of all payments by the appropriate department prior
to submission for payment. The Finance Director has delegated authority for the examination of vouchers and
authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and
validated. The Finance Division regularly reviews it processes to ensure appropriate internal controls are in
place.
Options and Results
Approve
N/A
Staff would recognize claims as receivables and pursue collections.
COML Council Packet 6-27-23, Page 19 of 101
TOTALS BY FUND:
FUND NO FUND NAME AMOUNT
001 GENERAL FUND 166,275.24
102 TOURISM ‐
103 GRANTS AND DONATIONS 805.00
110 HOMELESS SERVICES 47,695.06
114 PATHS/TRAILS ‐
116 STREET 91,477.35
119 STREET REPR/RECON 53,374.37
286 REFUNDING GO BONDS 2015 ‐
314 PARK & RECREATION IMPROVEMENTS 418.00
315 PARK MITIGATION CAPITAL PROJECTS ‐
410 WATER/SEWER 46,084.80
450 2011 BOND FUND ‐
452 2004 BOND FUND ‐
471 WATER RIGHTS ‐
477 WATER SEWER CONSTRUCTION 611,179.55
487 2015 GO BONDS REDEMPTION ‐
490 SANITATION 127,725.26
493 STORM WATER 11,260.95
495 AIRPORT 124.07
498 AMBULANCE 18,162.68
501 UNEMPLOYMENT COMPENSATION INSURANCE 21,591.39
503 SELF‐INSURANCE 39,299.56
517 CENTRAL SERVICES 139,153.01
519 EQUIPMENT RENTAL 115,712.53
528 BUILDING MAINTENANCE 8,018.46
611 FIRE PENSION ‐
623 DEPOSIT ‐
631 STATE 198.75
TOTAL 1,498,556.03$
City of Moses Lake
Tabulation of Claims Paid‐Summary by Fund
Council Meeting Date‐ 06/27/2023
COML Council Packet 6-27-23, Page 20 of 101
Check Name Check Amount Check Date Invoice Description
161125 A & H Printers Inc 808.66 06/16/2023 Business Cards
161126 Alicia M. Hicks 56.00 06/16/2023 Consignment Sales
161127 Amazon Capital Services, Inc.844.89 06/16/2023 Finance/HR/UB Supplies
161128 American Linen Inc 314.95 06/16/2023 Ambulance Linen Services
161129 Anna Enriquez 28.00 06/16/2023 Consignment Sales
161130 API Group Life Safety USA LLC 617.88 06/16/2023 Pump Inspection
161131 Barbara Nickerson 51.60 06/16/2023 Consignment Sales
161132 Bound Tree Medical LLC 1,805.73 06/16/2023 Medical Supplies
161133 Branom Operating Company LLC 457.17 06/16/2023 Timer
161134 Bud Clary Ford LLC 57,578.11 06/16/2023 Key Fobs Eq. No. 208
161135 Centurylink 1,376.72 06/16/2023 Long Distance Services
161136 CHS Inc 37,976.62 06/16/2023 Fuel for vehicles May 2023
161137 Columbia Basin Herald 2,071.32 06/16/2023 Ordinance Ad
161138 Columbia Bearing Bdi 34.90 06/16/2023 SNS Belt & Lubrication
161139 Consolidated Disposal Service 46,645.32 06/16/2023 Transfer Station
161140 Consolidated Electrical Distributors Inc 238.85 06/16/2023 Timers
161141 Copiers Northwest Inc 720.08 06/16/2023 Equipment Contract Fees
161142 Corporate Translation Services, LLC 36.03 06/16/2023 Translation Services
161143 CSWW, Inc 30.36 06/16/2023 Fire Supplies
161144 Databar Inc 1,975.45 06/16/2023 Mail Utility Bills
161145 Dell Marketing 9,809.17 06/16/2023 Laptops Eq. Nos. 057, 144, 145, 155
161146 Devries Information Mgmt 46.00 06/16/2023 On Site Record Destruction
161147 Direct Mail, Inc 533.80 06/16/2023 Recreation Ad
161148 Dr Lou Sowers 700.00 06/16/2023 Pre‐Employment Evaluation
161149 Emergency Medical Products Inc 134.05 06/16/2023 Medical Supplies
161150 Empire Construction Group LLC 119,987.90 06/16/2023 Wells 9,17,31,33 and Sand Dunes Well
161151 Employment Security Department 21,591.39 06/16/2023 Unemployment Claims May 2023
161152 EMS Connect, LLC 519.50 06/16/2023 EMS Training Program Membership
161153 Faber Industrial Supply 708.50 06/16/2023 Marking Paint
161154 Fehr & Peers 5,882.63 06/16/2023 Moses Lake Travel Demand Model
161155 Forum Consulting 5,600.00 06/16/2023 Confined Space Training
161156 Galls LLC 455.74 06/16/2023 Uniform pants ‐ Walls
161157 Grainger Parts Operations 616.49 06/16/2023 Dual Run Capacitor
161158 Grant Co Solid Waste 80,792.26 06/16/2023 Landfill Dumping Fees
161159 Grant County Animal Outreach 8,333.00 06/16/2023 June 2023 Contract Payment
161160 Gray & Osborne, Inc.5,395.07 06/16/2023 Pro Services‐Well 34 GC2022‐085
161161 Ground Works Three, LLC 4,583.33 06/16/2023 Rental @ Sleep Center
161162 Haglund's Trophies, LLC 21.52 06/16/2023 Kirsten Name Change
161163 Heartland Agriculture, LLC 16.82 06/16/2023 Maintenance Supplies
161164 Home Depot Pro (Supplyworks)161.34 06/16/2023 Hardwood Floor Cleaner
161165 Hopesource 31,435.63 06/16/2023 Homeless Services Pro Services
161166 Hot Springs Spa & Leisure Inc 517.61 06/16/2023 Pool Chemicals
161167 IAFF Local 1258 4,930.00 06/16/2023 2312 Fire Union Dues
161168 Itron Inc 1,101.82 06/16/2023 Meter Read Services
161169 Jerrys Auto Supply 1,091.45 06/16/2023 Engine Oil, Spark Plug
161170 Jims Lock Service LLC 45.53 06/16/2023 Keys
161171 Kassandra Wiggum 52.50 06/16/2023 Consignment Sales
City of Moses Lake
Checks Issued with Summary Description
For June 27, 2023 Council Meeting
COML Council Packet 6-27-23, Page 21 of 101
161172 Kathleen Parr 27.99 06/16/2023 Consignment Sales
161173 Keller Associates 1,159.10 06/16/2023 COF Pump Station Upgrade
161174 Kelley Connect 529.52 06/16/2023 Equipment Contract Fees
161175 Kent D. Bruce Co LLC 298.21 06/16/2023 Seat Covers
161176 Kim Wheaton 311.50 06/16/2023 Consignment Sales
161177 Kottkamp & Yedinak, P.L.L.C.997.50 06/16/2023 Seizure Hearing
161178 Kris Chudomelka 52.85 06/16/2023 Consignment Sales
161179 Kustom Signals Inc 5,142.62 06/16/2023 Radar Detectors Eq. Nos. 144 & 145
161180 Lake Auto Parts 924.74 06/16/2023 Split Loom **$0.34 Discount Taken**
161181 Lance, Soll & Lunghard, LLP 6,542.50 06/16/2023 Finance Pro Services
161182 Laree Baratcart 287.68 06/16/2023 Refund Utility Overpayment
161183 Lisa Kay Dorsing 379.40 06/16/2023 Department Photos
161184 Maria Morales 44.80 06/16/2023 Consignment Sales
161185 Martin Law LLP 29,865.00 06/16/2023 Wellfield Superfund Pro Services
161186 Martin Schempp 63.00 06/16/2023 Consignment Sales
161187 Matrix Sciences International Inc.744.00 06/16/2023 Sample Testing
161188 McKesson Medical‐Surgical 289.84 06/16/2023 Medical Supplies
161189 Mde Inc 999.45 06/16/2023 MDE Computer Maintenance
161190 Med Tech Resource Inc 94.75 06/16/2023 Medical Supplies
161191 Michael Reed 32.20 06/16/2023 Consignment Sales
161192 Modern Building Systems, Inc 894.31 06/16/2023 Rental @ Sleep Center‐July 23
161193 Moon Security Services Inc 246.83 06/16/2023 June Evidence Monitoring
161194 Moore Iacofano Goltsman, Inc 6,996.90 06/16/2023 Exhibit Redo
161195 Moses Lake Police Guild 2,665.00 06/16/2023 2312 Police Union Dues
161196 National Safety, Inc 182.33 06/16/2023 Sqweeze Pops
161197 NB Engineering, LLC 10,516.50 06/16/2023 Stormwater Comp Plan
161198 Norco Enterprises Inc 20.23 06/16/2023 Miscellaneous Supplies
161199 Northeast Electric LLC 48,600.00 06/16/2023 Stratford & Valley Signal Emergency
161200 Northland Cable Television, Inc 104.95 06/16/2023 Internet Backup
161201 NYS Child Support Prosessing Center 184.61 06/16/2023 2312 Gilmartin Child Support
161202 Oasis Auto Spa 1,293.60 06/16/2023 Car Washes May 2023
161203 Oxarc Inc 1,936.15 06/16/2023 SNS CO2 Bulk
161204 Parker Corporate Services, Inc 7,932.45 06/16/2023 Security @ Sleep Center
161205 Pasco Tire Factory, INC 378.15 06/16/2023 Tires
161206 Perteet, Inc.22,402.14 06/16/2023 Moses Lake Admin Support
161207 Pitney Bowes Inc 1,342.73 06/16/2023 Postage Machine Lease
161208 Pow Contracting 482,752.25 06/16/2023 Milwaukee & AeroTec Water Mains
161209 Protect Youth Sports 921.00 06/16/2023 Background Checks
161210 Pud Of Grant County 97,576.07 06/16/2023 Well Elec. Services
161211 Qcl Inc 76.00 06/16/2023 Pre Employment Testing
161212 Quill Corporation 168.97 06/16/2023 Chair Floor Mat‐ HR
161213 R&M Hansen, Inc 2,678.97 06/16/2023 Sleep Center Laundry‐ May 23
161214 Racom Corporation 486.36 06/16/2023 Microphones
161215 Redflex Traffic Systems Inc 47,701.93 06/16/2023 Redflex
161216 Rexel USA 89.68 06/16/2023 Square boxes/Cover Blanks/Connectors
161217 RH2 Engineering Inc.1,885.23 06/16/2023 On‐Call Electrical Engineering Services
161218 Schindler Elevator Corp 401.08 06/16/2023 Elevator Maintenance
161219 SCJ Alliance 12,382.93 06/16/2023 Planning Pro Services
161220 Sea Western Inc 3,238.81 06/16/2023 Bunker Gear ‐ WALLS
161221 Selland Construction, Inc.46,241.72 06/16/2023 Valley Road Reconstruction
161222 Sherwin‐Williams 344.80 06/16/2023 Paint ‐ LRC BMX
161223 SHI International, Inc 116,374.06 06/16/2023 Network Switch‐ Fire Admin Building
161224 Shirtbuilders Inc 1,659.21 06/16/2023 SNS Apparel
COML Council Packet 6-27-23, Page 22 of 101
161225 Signs Now, LLC 57.63 06/16/2023 Decal
161226 Smarsh Inc 189.36 06/16/2023 Professional Archive
161227 Staples Credit Plan 1,697.05 06/16/2023 Statement Date 5.15.23
161228 Systems Design West, LLC 6,511.07 06/16/2023 EMS Billing May 23
161229 Tamera Abate 63.00 06/16/2023 Consignment Sales
161230 Target Solutions Learning 16,518.78 06/16/2023 Yearly Subscription
161231 The Driftmier Architects Ps 418.00 06/16/2023 Larson Rec Center Pro Services
161232 The Ice House 500.00 06/16/2023 Campground Ice ‐ Resale
161233 The Lifeguard Store 1,934.77 06/16/2023 SNS Supplies
161234 United Rentals 153.93 06/16/2023 Scissor Lift
161235 Ups Freight 66.16 06/16/2023 Shipping & Weekly Service Fees
161236 Verizon Wireless 14,894.22 06/16/2023 Cell Phone Services
161237 Wa Cities Insurance Authority 9,434.56 06/16/2023 Large Deductible Program
161238 Wash Council Police & Sheriffs 512.50 06/16/2023 2312 WCPS Dues
161239 Washington State Patrol 233.00 06/16/2023 Background Checks
161240 Washington State Patrol 9,098.00 06/16/2023 Academy Attendance ‐ WALLS
161241 Waytek Inc 510.90 06/16/2023 Misc Parts
161242 Weinstein Beverage Company 2,709.00 06/16/2023 Water
161243 Whitmer Public Safety Group 2,060.84 06/16/2023 Badges
161244 WSCCCE, AFSCME, AFL‐CIO 2,212.38 06/16/2023 2312 AFSCME Union Dues
161245 Zoll Medical Corp 586.59 06/16/2023 Medical Supplies
1,498,556.03$
COML Council Packet 6-27-23, Page 23 of 101
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Kevin Fuhr, Interim City Manager 11288
Madeline Prentice, Director Finance
6/27/2023 Old Business
New Police Station - Authorization to submit application for funding
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
0.00$0.00$0.00$
Authorize the project to move forward as currently designed and submit the Notice of Intent and Credit
Application to the State of Washington LOCAL program.
During the 2023 budget process, Council authorized $15,000,000 for construction of a new police station on City
owned property located on Central Drive. The funding for construction will be through a local agency site lease
with the State of Washington's LOCAL program. The due date for submitting the Notice of Intent and Credit
Application with the State of Washington is July 6, 2023, with funds made available in November 2023 and the
first repayment (interest only) on the lease due June 1, 2024.
Staff have been meeting with Rolluda Architects regularly since 2022 to design the building and prepare a cost
estimate. As a result of current market conditions, the most recent cost estimate is approximately $15,500,000.
Staff is continuing to work with Rolluda Architects to seek ways to further reduce costs to achieve the
$15,000,000 budget.
The Notice of Intent (NOI) and Credit Application process is non-binding, so the City would not be locked into
borrowing through the LOCAL program after approval is provided. The City is not locked into a full financing
amount until much later in the process, and Council would need to approve resolutions and documentation prior
to moving forward with acceptance of any agreement.
Options and Results
COML Council Packet 6-27-23, Page 24 of 101
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Authorize staff to move forward with submitting the NOI and Credit Application to the State of Washington
LOCAL program for funding the construction of a new police station by the July 6th deadline.
Staff will bring back options for recommended changes.
Application to the LOCAL program for funding of a new police station would not be submitted.
COML Council Packet 6-27-23, Page 25 of 101
COML Council Packet 6-27-23, Page 26 of 101
COML Council Packet 6-27-23, Page 27 of 101
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 11277
Richard Law, City Engineer Municipal Services
6/27/2023 Consent Agenda
Accept Valley Road Reconstruction Project (GC2022-066)
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 recommends that City Council accept the Valley Road Reconstruction Project (GC2022-066).
Signed Final Pay Estimate #6 Valley Road Recontruction.pdf 1.01MB
The Valley Road Reconstruction Project is complete and ready for acceptance. The project included
reconstruction of approximately 1 mile of Valley Road from Stratford Road to Paxson Drive. Work included
replacing the asphalt bike path on the south side of the roadway with a concrete multi-use trail. Work also
included upgrading the stormwater facilities. The original awarded contract amount was for $2,888,910.00. The
final amount expended is $3,036,554.19. The added amount was due to adding additional sidewalk on the north
side of the roadway between Grape Drive and Paxson Drive, and additional excavation and haul due to
unsuitable subgrade material discovered after the roadway was removed.
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 State Agencies and the 60-day lien period will
begin.
Staff will bring back options for recommended changes.
COML Council Packet 6-27-23, Page 28 of 101
No Action Taken:
The project will not be formally accepted at this time.
COML Council Packet 6-27-23, Page 29 of 101
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Expenditure Required:Amount Budgeted:Appropriation Required:
Kevin Fuhr, Interim City Manager 11196
Richard Law, City Engineer Municipal Services
6/27/2023 Consent Agenda
Accept The Refuge at Mae Valley Major Plat 1st Addition Resolution
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$0.00$
Action Requested
Motion to accept plat improvements per attached resolution.
Packet Attachments (if any)
TRAMV 1st Addition Plat Improvements
Resolution to accept improvements.docx
Overview
The platting regulations require all street and utility improvements installed in right of way and municipal
easements to be accepted by City Council or bonded for prior to recording the plat and issuing building permits.
The construction plans are required to be reviewed and approved by the City prior to construction. All
construction work is inspected to assure compliance with the construction plans and City standards. The street
and utility improvements in place will serve a one hundred and six (106) lot residential subdivision. As part of the
platting process the Developer is responsible for the three-quarter width improvements to Montana Street for the
frontage of the plat.
Fiscal and Policy Implications
Upon acceptance, the City will be responsible for the maintenance and repairs of the improvements.
A Subdivision Maintenance Bond, or other approved security, in the amount of $1,669,618.48 (50% of total costs
of $3,339,236.95) to the City is required to be provided by the owners for the two year maintenance period
which commences on the date of acceptance of the improvements by the City Council.
Options and Results
Approve, Authorize, or Adopt:
The improvements will be accepted and the plat can be completed.COML Council Packet 6-27-23, Page 30 of 101
Provide Amended Direction:
No Action Taken:
Staff will bring back options for recommended changes.
The City will not accept the plat
improvements and the plat could not be
completed.
COML Council Packet 6-27-23, Page 31 of 101
COML Council Packet 6-27-23, Page 32 of 101
RESOLUTION NO. 3942
A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR
MUNICIPAL USE AS PART OF THE REFUGE AT MAE VALLEY 1st ADDITION
MAJOR SUBDIVISION
Recitals: 1. Street and Utility improvements lying in dedicated right-of-way or easements are in
place and connected to the City of Moses Lake’s street and utility systems as part of
The Refuge at Mae Valley 1st Addition Major Subdivision. The project includes full width street improvements including water, sewer, and storm improvements to Bufflehead BLVD from phase line approximately 800 feet west, Rudy Street from phase line to the end of the project approximately 375 feet south, Lessor Lane from
phase line to Sandy Street approximately 1066 feet south. Reconstruction of Montana Street¸ including asphalt, curb, sidewalk on the west side of Montana Street ROW, and storm improvements from phase line south approximately 1300 feet. Reconstruction of Sandy Street, Oklahoma Street and Dusty Street including asphalt and sewer improvements from Westshore Drive approximately 966 feet west.
2. Said street and utility improvements have been installed in accordance with the City of Moses Lake’s Community Standards and were completed in June of 2023.
3. RCW 35.90.030, indicates that developer installed public street and utility facilities,
should be accepted by the City of Moses Lake upon completion if the facilities are
built to city standards.
4. A Subdivision Maintenance Bond shall be provided by the developer for a two-year maintenance period which commences on the June 28, 2023
Resolved: 1. The City Council of the City of Moses Lake accepts The Refuge at Mae Valley 1st Addition Major Subdivision street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance.
2. After June 28, 2023, all operational costs of the said street and utility improvements
shall be borne by the City of Moses Lake as provided by city ordinance and subject to
the required maintenance bond.
3. Subject to final inspection, after June 28, 2025, all further maintenance and operational costs of said street and utility improvements shall be borne by the City of
Moses Lake, as provided by city ordinance. ACCEPTED by the City Council on June 27, 2023.
COML Council Packet 6-27-23, Page 33 of 101
______________________________ Don Myers, Mayor
ATTEST: _______________________________
Debbie Burke, City Clerk
COML Council Packet 6-27-23, Page 34 of 101
Council Staff Report
Agenda Item Number:
Department
Proceeding Type
Expenditure Required:Amount Budgeted:Appropriation Required:
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
11166
Municipal Services
Consent Agenda
To:
Kevin Fuhr, Interim City Manager
From
Richard Law, City Engineer
For Agenda of:
6/27/2023
Subject
Accept Maple Grove P.U.D.- Phase 2 Resolution
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$0.00$
3.01MB
Action Requested
Motion to accept plat improvements per attached resolution.
Packet Attachments (if any)
Maple Grove Phase II Signed Mylars.pdf
Resolution to accept improvements.docx 15.42KB
The pla ng regula ons require all the street and u lity improvements installed in right of way and municipal easements
to be accepted by City Council or bonded for prior to recording the plat and issuing building permits. The construc on
plans are required to be reviewed and approved by the City prior to construc on. All the construc on work is inspected to
assure compliance with the construc on plans and city standards. The street and u lity improvements in place will serve
a forty-seven (47) lot residen al subdivision. As part of the pla ng process the Developer is responsible for the half width
improvements to Grape Drive for the frontage of the plat.
Upon acceptance, the City will be responsible for the maintenance and repairs of the improvements.
A SUBDIVISION MAINTENANCE BOND or other approved security in the amount of $689,401.06 (50% of total costs of
$1,378,802.11) to the City is required to be provided by the owners for the two year maintenance period which
commences on the date of acceptance of the improvements by the City Council.
Options and Results
Staff recommends the improvements be accepted by City Council.
COML Council Packet 6-27-23, Page 35 of 101
Provide Amended Direction:
No Action Taken:
Staff will bring back options for recommended changes.
The City will not accept the plat improvements and the plat can not be completed.
COML Council Packet 6-27-23, Page 36 of 101
COML Council Packet 6-27-23, Page 37 of 101
RESOLUTION NO. 3943
A RESOLUTION ACCEPTING STREET AND UTILITY IMPROVEMENTS FOR
MUNICIPAL USE AS PART OF MAPLE GROVE P.U.D. PHASE 2 MAJOR PLAT
Recitals:
1. Street and Utility improvements lying in dedicated right-of-way or easements are in
place and connected to the City of Moses Lake’s street and utility systems as part of
the Maple Grove P.U.D. Phase 2 Major Plat. The project includes full width street
improvements including water, sewer, and storm improvements to Sequoia Road
from Grape Drive NE approximately 1450 feet west, Hemlock Road from Phase line
to Sequoia Road approximately 113 feet south and Maple Drive to the end of the
project approximately 550 feet west.
2. Said street and utility improvements have been installed in accordance with the City
of Moses Lake’s Community Standards and were completed in June of 2023.
3. RCW 35.90.030, indicates that developer installed public street and utility facilities, should be accepted by the City of Moses Lake upon completion if the facilities are built to city standards.
4. A Subdivision Maintenance Bond shall be provided by the developer for a two-year
maintenance period which commences on the June 28, 2023
Resolved: 1. The City Council of the City of Moses Lake accepts the Maple Grove P.U.D. Phase 2
Major Plat street and utility improvements as facilities of the City of Moses Lake and as such will charge for use of facilities as authorized by ordinance. 2. After June 28, 2023, all operational costs of the said street and utility improvements
shall be borne by the City of Moses Lake as provided by city ordinance and subject to
the required maintenance bond.
3. Subject to final inspection, after June 28, 2025, all further maintenance, and operational costs of said street and utility improvements shall be borne by the City of Moses Lake, as provided by city ordinance.
ACCEPTED by the City Council on June 27, 2023.
______________________________ Don Myers, Mayor
COML Council Packet 6-27-23, Page 38 of 101
ATTEST:
_______________________________ Debbie Burke, City Clerk
COML Council Packet 6-27-23, Page 39 of 101
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 11258
Richard Law, PE Municipal Services
6/27/2023 Consent Agenda
Accept Milwaukee and AeroTEC Water Main Project (GC2021-034)
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
0.00$0.00$0.00$
City staff recommends that City Council motion to formally accept the Milwaukee and AeroTEC Water Main
Project (GC2021-034).
GC2021-034 Milwaukee and AeroTEC Water Mains Final Pay Estimate
Signed.pdf 1.64MB
City staff identified two water main locations in the City that required replacement due to several factors
including the age of the pipe, the material of the pipe (steel and cast iron), excessive depth of some pipe, and
the location of some pipe underneath existing structures. The benefits of the project included updating the old
pipe to new PVC C900 material and relocating the water mains to areas that will better allow for future
maintenance work.
City Council formally awarded the project to the contractor on January 24, 2023. The original construction
budget was approved for $447,312.60 and the final construction budget cost was $432,826.02.
The project is now complete and ready to be accepted. All punch list items are complete, and all relevant City
departments have inspected the work in their areas of responsibility.
Upon acceptance, the City will enter into the 60-day lien period as required by Washington State Law.
Options and Results
City staff will send a Notification of Acceptance letter to the contractor and the 60-day lien period will begin.COML Council Packet 6-27-23, Page 40 of 101
Provide Amended Direction:
No Action Taken:
Staff will review the amended direction and provide options for the recommended changes.
The project will not be formally accepted at this time.
COML Council Packet 6-27-23, Page 41 of 101
COML Council Packet 6-27-23, Page 42 of 101
Council Staff Report
Council Staff Report Submittal
Agenda Item Number:*
Department
Proceeding Type
To be reviewed by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
11323
Parks, Recreation, and
Cultural Services
Consent Agenda
To:
Kevin Fuhr, Interim City Manager
From
Doug Coutts, Director
For Agenda of:
6/27/2023
Subject
Accept Maple Grove Park Resolution 3944
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 recommends Council consider adoption of the Resolution as presented.
COML Council Packet 6-27-23, Page 43 of 101
Packet Attachments (if any)
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
20.07KBResolution-Maple Grove Park Acceptance.docx
Maple Grove Park Dedication.pdf
Overview
38.59MB
The developer has completed the park improvements and is prepared to dedicate the park to the City. City
staff has reviewed the elements in the park and they meet the standards we require.
Staff recommends acceptance, a slide deck of photos is included for information only.
No significant fiscal/policy implications. Existing staff are prepared to maintain the park going forward.
Options and Results
The property and improvements will be accepted and the park will be added to the City inventory.
Staff will bring back options for recommended changes.
City staff will work through any issues and bring back a new resolution at a future date.
COML Council Packet 6-27-23, Page 44 of 101
RESOLUTION NO. 3944
A RESOLUTION ACCEPTING A STATUTORY WARRANTY DEED TO THE CITY OF MOSES LAKE FROM HHIF V, LLC. RECITALS:
1. Resolution No. 238 provides that all grants of real estate, or any interest therein, to the City of Moses Lake, shall not be accepted until a resolution has been duly passed by the City Council.
2. HHIF V, LLC presented a statutory warranty deed to the City of Moses Lake.
RESOLVED: 1. A deed for municipal purposes for the following described property is hereby accepted by
the City of Moses Lake:
Maple Grove Phase 1 Major Plat TRACT A Maple Grove Phase 1 Major Plat, Book 32, Page 84, Records of Grant County
Adopted by the City Council on June 27, 2023.
______________________________________
Don Myers, Mayor
ATTEST: _______________________________________
Debbie Burke, City Clerk
COML Council Packet 6-27-23, Page 45 of 101
6/22/2023
1
Maple Grove Park
Dedication
1
2
COML Council Packet 6-27-23, Page 46 of 101
6/22/2023
2
3
4
COML Council Packet 6-27-23, Page 47 of 101
6/22/2023
3
5
6
COML Council Packet 6-27-23, Page 48 of 101
6/22/2023
4
7
8
COML Council Packet 6-27-23, Page 49 of 101
6/22/2023
5
9
10
COML Council Packet 6-27-23, Page 50 of 101
6/22/2023
6
11
12
COML Council Packet 6-27-23, Page 51 of 101
6/22/2023
7
13
14
COML Council Packet 6-27-23, Page 52 of 101
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 11295
Rich Huebner, Assistant City
Manager Administration
6/27/2023 Old Business
Water Conservation Measures Ordinance and 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 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 - June 27 Agenda, 2023-06-
20.docx 28.61KB
RESOLUTION - FEE SCHEDULE AMENDMENT_13.07.060_June 27
Agenda.docx 15.62KB
MOSES LAKE PURVEYOR PROFILE.pdf 1.21MB
August 2022 Consumption.pdf 136.02KB
December 2022 Consumption.pdf 233.43KB
COML Council Packet 6-27-23, Page 53 of 101
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
At the June 13, 2023 Council meeting, Council directed staff to address and provide clarification for proposed
water conservation measures including: removal of the restriction on irrigating after a measurable rainfall event,
increasing the timeframe for stopping leaks from 72 to 96 hours, further clarification on the guidelines for
irrigating after the installation of new sod, and further clarifications related to the requirement of a shutoff nozzle.
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."
Based on the Council's feedback from June 13, 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
The New Sod/Turf Permit has been renamed the Unrestricted Irrigation Allowance.
Understanding the potential for failure of new sod, residents are eligible for up to three allowances per
calendar year.
Additional allowances may be issued at the discretion of the Municipal Services Director or designee.
As discussed by staff at the June 13 meeting, the Unrestricted Irrigation Allowance and its limitation of
three allowances is not intended to be an enforcement mechanism. If a resident requests a fourth or
additional allowance, this will provide an opportunity for staff to provide recommendations or resources to
assist the resident to avoid further sod failure.
The restriction against irrigating after a measurable rainfall event has been removed.
Chapter 13.07.060 Water Use
The requirement to mitigate a leakage has been increased from 72 hours to 96 hours.
The restriction against washing a paved area except to alleviate immediate safety or sanitation hazards has
been removed; the restriction against allowing such water to enter the municipal separate storm sewer
system remains.
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 96 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 dates of the ordinance and resolution.
Staff will bring back options for recommended changes.
Continue processing in the current manner.
COML Council Packet 6-27-23, Page 54 of 101
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/
••••
COML Council Packet 6-27-23, Page 55 of 101
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. New sod,
turf, or grass seed may be irrigated irrespective of these provisions provided an Unrestricted Irrigation
Allowance is first obtained from the City of Moses Lake Public Works allowing 14 days of unrestricted water
use to irrigate installation of new sod, turf, or grass seed. Only three unrestricted irrigation allowances 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. Additional allowances may be requested and will be issued at the
COML Council Packet 6-27-23, Page 56 of 101
discretion of the Municipal Services Director or their designee. 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.
D. Rationing. Water rationing will be implemented during emergency conditions as determined by the City
Manager and Municipal Services Director.
COML Council Packet 6-27-23, Page 57 of 101
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 96 hours of notification by the City. If a water leak is not stopped or repaired within 96 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. 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
27, 2023.
_____________________________________ Don Myers, Mayor
ATTEST: _______________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
_______________________________________
Katherine L. Kenison, City Attorney
COML Council Packet 6-27-23, Page 58 of 101
Martinez Swartz Myers Fancher Madewell Eck Skaug
Vote:
Date Published: July 3, 2023 Date Effective: July 8, 2023
COML Council Packet 6-27-23, Page 59 of 101
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 27, 2023.
________________________________________ Don Myers, Mayor ATTEST:
____________________________________ Debbie Burke, City Clerk
COML Council Packet 6-27-23, Page 60 of 101
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
COML Council Packet 6-27-23, Page 61 of 101
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
COML Council Packet 6-27-23, Page 62 of 101
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)
COML Council Packet 6-27-23, Page 63 of 101
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 11297
Kirsten Peterson, Director Community Development
6/27/2023 New Business
Shoreline Management Program Ordinance 3030
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 recommends Council consider adoption the SMP ordinance as presented.
SMP Exhibit Binder.pdf 2.11MB
Legislative History:
· First Presentation: June 13, 2023
· Second Presentation/Action: June 27, 2023
Background
Shoreline Master Program Basics
Under the state's Shoreline Management Act, the City of Moses Lake is required to periodically review the
land-use policies and regulations governing shoreline uses. The last update was approved by the
Department of Ecology January 17, 2017. A brief history of past revisions can be found within the Shoreline
Master Program Update Process within the SMP.
The Shoreline Management Act (SMA) requires all counties and most towns and cities with shorelines to
develop and implement Shoreline Master Programs. The law also defines our role in reviewing and
approving local 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."
The SMA establishes the concept of preferred shoreline uses. These uses are consistent with controlling
pollution, preventing damage to the natural environment, or are unique to or dependent upon use of
Washington's shorelines. Preferred uses include:
Si l f il id
COML Council Packet 6-27-23, Page 64 of 101
o Single-family residences
o Ports
o Shoreline recreational uses
o Water-dependent industrial and commercial developments
o Other developments providing public access opportunities
o As much as possible, shorelines should be reserved for "water-oriented" uses, including those that are
"water-dependent," "water-related," and for "water enjoyment."
Preferred uses for shorelines of statewide significance are designed to:
o Recognize and protect statewide over local interests.
o Preserve the natural character of the shoreline.
o Result in long-term rather than short-term benefits.
o Protect shoreline resources and environment.
o Increase public access to publicly owned shoreline areas.
o Expand recreational shoreline opportunities for the public.
The SMA is intended to protect shoreline natural resources, including the land, vegetation, wildlife, and
aquatic habitats, against adverse environmental effects. All allowed uses are required to offset adverse
environmental impacts, as much as possible, and to preserve the natural character and aesthetics of the
shoreline.
Shoreline Master Programs must include a public-access element, including provisions for public access to
publicly owned areas. They are to include an element for preserving and enlarging recreational
opportunities.
The SMA also implements the common law Public Trust Doctrine. This Doctrine conveys that the waters of
the state are a public resource for the purposes of navigation, conducting commerce, fishing, recreation,
and similar uses. In addition, the Public Trust Doctrine is not invalidated by private ownership of the
underlying land. The doctrine limits public and private use of tidelands and other shorelands to protect the
public's right to access waters of the state.
For tonight, the state Shoreline Management Act requires that counties, cities, and towns periodically
review their comprehensively-updated Shoreline Master Program (SMP) every eight years. The review
timetable for local governments is established in RCW 90.58.080(4), and the completion deadline and
process requirements are outlined in WAC 173-26-090. In addition, WAC 173-26-104 allows an optional
joint review process that combines required local and state public comment periods. Periodic reviews due
in 2021-2023 include the counties listed below and the cities and towns within those counties:
Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Grays Harbor, Klickitat, Lincoln, Okanogan,
Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman
The periodic review must be accomplished through legislative action. Legislative action means the
adoption of a resolution, motion, or ordinance following notice and a public hearing including, at a
minimum, findings that a review and evaluation has occurred and identifying the revisions made, or that a
revision was not needed and the reasons therefore. Legislative findings that no revisions are needed are
referred to in this section as "findings of adequacy."
Legislative action includes two components. It includes a review of the shoreline master program and it
includes the adoption of either findings of adequacy or any amendments necessary to bring the program
into compliance with the requirements of the act.
The purpose and scope of the periodic review as established by the act is:
1. To assure that the master program complies with applicable law and guidelines in effect at the time of
the review; and
2. To assure consistency of the master program with the local government's comprehensive plan and
development regulations adopted under chapter 36.70A RCW, if applicable, and other local requirements.
Th i id h h d f b i i h li i li i h
COML Council Packet 6-27-23, Page 65 of 101
a. The review process provides the method for bringing shoreline master programs into compliance with
the requirements of the act that have been added or changed since the last review and for responding to
changes in guidelines adopted by the department, together with a review for consistency with amended
comprehensive plans and regulations. Local governments should also incorporate amendments to reflect
changed circumstances, new information, or improved data. The review ensures that shoreline master
programs do not fall out of compliance over time through inaction.
b. The periodic review is distinct from the comprehensive updates required by RCW 90.58.080(2). The
presumption in the comprehensive update process was that all master programs needed to be revised to
comply with the full suite of ecology guidelines. By contrast, the periodic review addresses changes in
requirements of the act and guidelines requirements since the comprehensive update or the last periodic
review, and changes for consistency with revised comprehensive plans and regulations, together with any
changes deemed necessary to reflect changed circumstances, new information or improved data. There is
no minimum requirement to comprehensively revise shoreline inventory and characterization reports or
restoration plans.
A necessary component of the review and revision process is the attached Exhibit E-SMP Period Review
Checklist. The checklist is provided by the Department of Ecology as an aid to the City in reviewing its
shoreline program for consistency with state law. The Checklist includes a place to document:
(1) the City’s responses to Ecology’s annual list of legislative and rule amendments;
(2) the City’s review of changes to relevant comprehensive plans and regulations to determine if the City
remains consistent with the SMP; and
(3) the City’s consideration of new information, improved data, or changed local circumstances, thereby
meeting all the requirements of WAC 173-26-090(3)(b).
Although a key part of the materials transmitted, the Checklist is a summary and not
comprehensive nor the actual text to the Shoreline Master Program recommended
amendments. The checklist which is included as Exhibit E provides a summary of the changes and
refers to the action taken regarding the new revisions and update.
The amendments can be found within the revised and updated Shoreline Master Program found via
the attached link. Proposed additions to language are depicted in red and underlined. Verbiage
proposed for deletion has been depicted with a strikethrough.
Dates and Actions
The City’s public participation program included three workshops/meetings with the Planning Commission,
03/09/22. 09/15/22, and 11/17/22, social media, and public notices. On February 16, 2023, the Planning
Commission held a joint PC and Department of Ecology public hearing.
As part of the final adoption, the Department of Ecology must issue a formal approval of any amendment or
findings of adequacy. Department approval is necessary to affirmatively conclude the periodic review
process, to confirm that state review of local action has occurred, and to establish a definitive appeal
window consistent with RCW 90.58.190.
Analysis
The state Shoreline Management Act requires that counties, cities, and towns periodically review their
comprehensively-updated Shoreline Master Program (SMP) every eight years.
The City of Moses Lake has completed its public participation program.
The 2023 Shoreline Master Program update has brought the shoreline master program into compliance
with the requirements of the Act.
Council Packet Attachments
Exhibit A: 2023 Shoreline Master Program update
https://cityofml.com/DocumentCenter/View/10865/Final-Moses-Lake-Shoreline-Master-Program-2023-
0525?bidId=
Exhibit B: SMP Adopting Ordinance
Exhibit C: Washington State Department of Ecology- Initial Determination Consistency
Exhibit D: Planning Commission / Department of Ecology Joint Hearing minutes and memo
Exhibit E: SMP Review Checklist COML Council Packet 6-27-23, Page 66 of 101
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
As described above, adoption of the SMP is required by the Growth Management Act.
Options and Results
The 2023 Shoreline Master Program Update will be in place and the City will be in compliance with the
Shoreline Management Act by the June 30, 2023 deadline.
Staff will bring back options for recommended changes.
The SMP approval is postponed, grant funds may be in jeopardy.
COML Council Packet 6-27-23, Page 67 of 101
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)
Recitals:
1. The Shoreline Management Act (SMA) requires the City of Moses Lake to develop
and administer a Shoreline Master Program (SMP).
2.Moses Lake’s comprehensive SMP update as required by RCW 90.58.080(2), which
was effective as of January 17, 2017.
3.RCW 90.58.080(4) requires Moses Lake to periodically review and, if necessary,
revise the master program on or before June 30, 2023.
4. 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 regulations, and incorporate amendments deemed necessary to reflect changed
circumstances, new information, or improved data.
5. The City of Moses Lake developed a public participation program for this periodic
review in accordance with WAC 173-26-090(3)(a) to inform, involve and encourage
participation of interested persons and private entities, tribes, and applicable agencies
having interests and responsibilities relating to shorelines.
6. The City of Moses Lake used the Department of Ecology’s checklist of legislative
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).
7. The City of Moses Lake conducted a formal public comment period in compliance
with requirements of WAC 173-26-104.
8. The City published a legal notice in the Columbia Basin Herald on January 13, 2023,
for a public hearing on the proposed Planning Commission recommendations,
including a statement that the hearings were intended to address the periodic review
in accordance with WAC 173-26-090(3)(c)(ii).
EXHIBIT B
COML Council Packet 6-27-23, Page 68 of 101
9.The City’s SEPA responsible official circulated a State Environmental Policy Act
(SEPA) environmental checklist for review. A Determination of Nonsignificance
(DNS) was issued on February 10, 2023.
10. The Moses Lake Planning Commission took public testimony on the proposed
Planning Commission recommendations at a public hearing on February 16, 2023.
11. The Moses Lake Planning Commission reviewed the public testimony and written
comments on the proposed SMP revisions, and suggested revisions to the proposed
amendments.
12. The Moses Lake Planning Commission recommended approval of the proposed
amendments and forwarded it to the City Council for review and adoption on
February 16, 2023.
13. The City of Moses Lake provided Notice of Intent to Adopt to the Washington State
Department of Commerce in accordance with WAC 173-26-100(5).
14. After considering all public comments and evidence, the Moses Lake City Council
determined that the proposed amendments comply with all applicable laws and rules.
15. 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).
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. Review and Evaluation. The City Council hereby finds that the review and
evaluation required by RCW 90.58.080(4) have occurred, as described in the recitals
above.
Section 2. Revisions. That Shoreline Master Program Periodic Update and maps are hereby
amended to read as set forth in Exhibit 1 attached to this ordinance and incorporated
herein by this reference.
Section 3. Adoption. 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.
Section 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 adoption. If/Once approved by the Department of
Ecology no further action is necessary for compliance with RCW 90.58.080(4) for
the periodic review update due on June 30, 2023.
Section 5. Severability. If any section of this ordinance is found to be unconstitutional or
invalid as written or as applied to any particular person or circumstances, no other
COML Council Packet 6-27-23, Page 69 of 101
section of the ordinance shall be deemed to be invalid, but rather, should be deemed
to have been enacted independently and without regard to the section affected.
Section 6. Effective Date. The amendments to the SMP adopted through Ordinance XX______
shall be effective 14 days after Department of Ecology final action as provided by
RCW 90.58.090(7).
Adopted by the City Council of the City of Moses Lake and signed by its Mayor on June 27,
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)
COML Council Packet 6-27-23, Page 70 of 101
Allow sender | Block sender
From:Wilson, Chelsea
To:Rachel Granrath
Cc:Vivian Ramsey; Sikes, Jeremy (ECY); Chandler, Jackie (ECY)
Subject:Moses Lake Shoreline Master Program Amendment Initial determination
Date:Wednesday, May 24, 2023 11:22:03 AM
Attachments:MosesLake_PR23_Initial_Determination_5.24.23.pdfMosesLake_PR23__Initial Determination_5.24.23_Attachment1.pdf
Caution! This message was sent from outside your organization.
Hello,
Thank you for your initial submittal of amendments to the Moses Lake Shoreline Master Program
(SMP). Ecology is required under WAC 173-26-104(3)(b) to make an initial determination of
consistency with applicable laws and rules.
This serves as Ecology’s formal written statement of initial concurrence of your proposed
amendments, subject to Ecology’s required change.
Please see attached draft Initial Findings and Conclusions that document our review in detail, along
with Attachment 1 that identifies one required change for consistency with state law.
As described under WAC 173-26-104(4), the next step in the approval process is for your jurisdiction
to formally adopt the amendment through resolution or ordinance and send the final SMP submittal
for formal agency approval as outlined in WAC 173-26-110.
Please let me know if you have questions or concerns.
Chelsea Wilson (Benner)
Shoreline Planner/ Voluntary Stewardship Program Coordinator
WA State Department of Ecology - CRO
Cell (509) 571-4155
EXHIBIT C
COML Council Packet 6-27-23, Page 71 of 101
TO: Rachel Granrath, SCJ Alliance Consultant for City of Moses Lake
CC: Jackie Chandler, Shoreline Administrator, WA Department of Ecology
FROM: Chelsea Wilson, Shoreline Planner, WA Department of Ecology
Date: May 19, 2023
Subject: SMP Periodic Review - Initial Determination of Consistency
Sent via email to: Rachel Granrath, rachel.granrath@scjalliance.com
Use of this Document
Ecology’s Determination of Initial Concurrence provides Ecology’s review of the proposed amendment to
the City of Moses Lake (City) Shoreline Master Program (SMP). This document is divided into two
sections: Findings of Fact, which provides findings related to the City’s proposed amendment,
amendment history, and the review process and Initial Determination of the proposed amendment
with next steps.
Brief Description of Proposed Amendment
The City of Moses Lake is undergoing a statutorily required periodic review of their Shoreline Master
Program (SMP) and has submitted their draft SMP amendment to Ecology for an initial determination as
required by the joint review process and consistent with WAC 173-26-104(3). The SMP regulates
shoreline uses and activities along Moses Lake within city limits.
FINDINGS OF FACT
Need for amendment
The City comprehensively updated their master program in 2017. This current amendment is needed to
comply with the statutory deadline for a periodic review of the SMP pursuant to RCW 90.58.080(4).
SMP provisions to be changed by the amendment as proposed
The City prepared a checklist and an analysis documenting the proposed amendment. The amendment
will bring the SMP into compliance with requirements of the Shoreline Management 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 regulations, and incorporate revisions deemed necessary to
reflect changed circumstances, new information, or improved data.
In addition to needed general formatting, reorganization, citation corrections, and housekeeping edits
to provide clarity and legibility, review authority throughout the document has changed from the
Planning Commission to Hearings Examiner.
The following amendments to the SMP are proposed:
Shoreline Master Program
Chapter 2 – Public Participation Process
Language has been simplified an description of the public engagement process has been added.
COML Council Packet 6-27-23, Page 72 of 101
City of Moses Lake SMP
Determination of Initial Concurrence
May 23, 2023
2
Chapter 3 – Shoreline Inventory and Characterization
Elaborated language for Shoreline Inventory and Characterization added.
Chapter 7 – Specific Shoreline Use Policies and Regulations
7-20-030 (3) – Updated review authority from Planning Commission to City staff and Hearings
Examiner for Aquaculture permits.
7-30-030 (6) – Updated review authority from Planning Commission to Hearings Examiner for
Boating Facility permits.
7-40-030 (3) – Updated review authority from Planning Commission to Hearings Examiner for
Commercial Use permits.
Chapter 8 – Shoreline Modification Policies and Regulations
8-15-030 (2) – Updated review authority from Planning Commission to Hearings Examiner for
dredging projects.
Chapter 9 – Shoreline Environmental Designations
Comprehensive Plan/Zoning tables were removed from the environmental designation
information to fix inconsistency between documents.
Chapter 12 – General Provisions
12-20-010 – Updated review authority from Planning Commission to Hearings Examiner for
shoreline permits.
12-30-020 – List of exemptions updated to match changes in statute.
12-30-020 – List of exemptions (O), language added for exceptions from local review.
12-06-070 – Review Process, Special procedures for WSDOT projects added.
Chapter 13 – Definitions
The following definitions have been added or amended: Development, Floodway, Non-
conforming structure, Non-conforming lot, and Qualified professional.
Appendix B – Public Participation History
Language added for Ongoing review and periodic updates.
Amendment History, Review Process
The City prepared a public participation program in accordance with WAC 173-26-090(3)(a) to inform,
involve and encourage participation of interested persons and private entities, tribes, and applicable
agencies having interests and responsibilities relating to shorelines. An important element of the public
participation plan is the City’s SMP Periodic Review project website. The City developed draft
COML Council Packet 6-27-23, Page 73 of 101
City of Moses Lake SMP
Determination of Initial Concurrence
May 23, 2023
3
documents in collaboration with Ecology. The City held a public meeting in a virtual and in person
format, with the city planning commission held February 16, 2023.
The City used Ecology’s Periodic Review checklist of legislative 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 were needed to maintain compliance in
accordance with WAC 173-26-090(3)(b)(i). The City also reviewed changes to the comprehensive plan
and development regulations to determine if the shoreline master program policies and regulations
remain consistent with them in accordance with WAC 173-26-090(3)(b)(ii). The City considered whether
to incorporate any amendments needed to reflect changed circumstances, new information or
improved data in accordance with WAC 173-26-090(3)(b)(iii). The City consulted with Ecology and
solicited comments throughout the review process.
SEPA determination and comment period
The record indicates the City issued a SEPA Checklist and Determination of Non-Significance (DNS) on
February 10, 2023 for the proposed SMP amendment. Notice of DNS was published on January 13, 2023
in the Columbia Basin Herald. The City accepted comments on the DNS through March 2. 2023. During
the period that the City solicited for comments for the DNS, no comments were received.
State Local Joint comment period under WAC 173-26-104
Ecology and the City held a joint state/local public comment period on the proposed SMP amendment
following the procedures outlined in WAC 173-26-104. The comment period began on January 16, 2023
and continued through February 16, 2023. Ecology and the City held a joint public hearing before the
Planning Commission on February 16, 2023.
The City provided notice of the Joint comment period and hearing. Affidavits of publication provided by
the City indicate notice of the joint comment period and hearing was published on January 13, 2023 in
The Columbia Basin Herald.
Ecology distributed notice of the joint local/state comment period to state interested parties on January
12, 2023. The Confederated Tribes of the Yakama Nation, Confederated Colville Tribes, and The Spokane
Tribe were invited to comment and consult on the City’s proposed SMP periodic review amendment on
January 12, 2023 by email.
Two comments were received during the joint comment period from The Washington State Department
of Fish and Wildlife (WDFW), and Department of Natural Resources (DNR).
The comment letter from WDFW highlighted the completion of both volumes of the update Priority
Habitats and Species (PHS) publications volume one and two. The letter addresses the degraded water
quality in Moses Lake and identifies that total phosphorus levels are the main contribution to the
persistence of toxic algae blooms. They recommend a minimum riparian management zone of 100 feet
to achieve higher filtering capacity.
The comment letter from DNR identified a mistake in the draft SMP in the critical area section, and
pointed out two sources where the City can find Geologic Information if needed.
These comments were reviewed by the City as part of the local process. City staff provided responses to
the comment in a response Matrix.
In response to comments, the City has corrected the mistake in the critical area section on the SMP.
COML Council Packet 6-27-23, Page 74 of 101
City of Moses Lake SMP
Determination of Initial Concurrence
May 23, 2023
4
The proposed SMP amendments were received by Ecology on March 24, 20223 for initial state review,
additional documents were received on May 10, 2023 and verified as complete on May 24, 2023. This
began Ecology’s review and initial determination.
Summary of Issues Identified by Ecology as Relevant to Its Decision
Ecology is required to review all SMPs to ensure consistency with the Shoreline Management Act (SMA)
and implementing rules including WAC 173-26, State Master Program Approval/Amendment Procedures
and Master Program Guidelines. WAC 173-26-186(11) specifies that Ecology “shall insure that the state’s
interest in shorelines is protected, including compliance with the policy and provisions of RCW
90.58.020.”
Based on review of the proposed amendments to the SMP for consistency with applicable SMP
Guidelines requirements and the Shoreline Management Act, and consideration of supporting materials
in the record submitted by the City, Ecology has identified one required change to the SMP.
Required Changes
Shoreline Exemptions
Both the Act at RCW 90.58.030(3)(e) and the implementing rules at WAC 173-27-040 establish that
some specific shoreline activities are not considered substantial development and are exempt from
requirements for a substantial development permit. Using the exact language as established by statute
and rule will ensure these allowances are correctly implemented and narrowly construed, as required.
Ecology, has identified changes needed to ensure that SMP substantial development permit exemptions
are implemented consistent with the requirements of the Act. These changes remove Language for
development not identified under the WAC exemption list.
Finding: Ecology finds that corrections are needed to ensure consistency with WAC 173-27-040 and for
clarity to aid both applicants and practitioners. [Attachment 1, Req-1]
INITIAL DETERMINATION
The following constitutes Ecology’s written statement of initial concurrence, consistent with WAC
173-26-104(3)(b)(ii):
After review by Ecology of the complete record submitted and all comments received, Ecology has
determined that the City’s proposed amendment, subject to Ecology’s required changes, is consistent
with the policy and standards of RCW 90.58.020 and RCW 90.58.090 and the applicable SMP guidelines
(WAC 173-26-171 through 251 and .020 definitions).
Next Steps
Once adopted by the City, we anticipate being able to approve your SMP Periodic Review amendment
after formal submittal is provided consistent with WAC 173-26-110.
COML Council Packet 6-27-23, Page 75 of 101
CITY OF MOSES LAKE PLANNING COMMISSION MEETING MINUTES
OF February 16, 2023
Commissioners Present: Nathan Nofziger (Chair), Charles Hepburn (Vice Chair), Gary
Mann
Commissioners Absent: Susan Tao
Staff Present: Community Development Director Kirsten Sackett, Planning Manager
Vivian Ramsey, Senior Planner Nathan Pate, Associate Planner Amy Harris, and
Planning Technician Michelene Torrey
The meeting was called to order at 6:00 p.m. Attendance was called by Secretary
Michelene Torrey.
Community Development Director Kirsten Sackett informed the commission of the new
member that would be joining the Planning Commission, Adam Weber.
Item # 1- Approval of Minutes from February 2nd, Meeting
Commissioner Hepburn moved to approve the minutes; this motion was seconded by
Commissioner Mann. Passed Unanimously.
Item #2 Shoreline Master Program Update (Public Hearing): Rachel Granrath with SCJ Alliance gave a presentation and a brief overview of the
requirements and the draft Shoreline Master Program that would be presented to City
Council. Jeremy Sikes, Department of Ecology, explained the checklist that the
commission had seen at previous workshops and the state requirements for the
updated SMP. Chair Nofziger opened the public hearing, and no members of the public
were present both online and in person. Chair Nofziger closed the public hearing and
Vice Chair Hepburn moved to recommend the Shoreline Master Program Period
Update to City Council, motion seconded by Gary Mann, Passed Unanimously.
Meeting adjourned at 7:18PM by Chair Nofziger.
EXHIBIT D
COML Council Packet 6-27-23, Page 76 of 101
Moses Lake SMP Periodic Update: Planning Commission Joint-
Public Hearing
To Moses Lake Planning Commission
From: Rachel Granrath, SCJ Alliance
Date: February 16, 2023
Project: Moses Lake Shoreline Master Program (SMP) Update
Subject: Joint Public Hearing – Department of Ecology and City of Moses Lake
Background
The City of Moses Lake received an Ecology grant to complete a periodic review and update to the City’s
Shoreline Master Program (SMP). The city started this update in the summer of 2021 in order to study the
ordinary high water mark (OHWM) through a desktop analysis to see if the city could improve mapping,
education and coordination relative to the shorelines. The periodic update included various workshops with
planning commission, staff, council updates, discussions with Ecology, and discussions with the consultant team,
SCJ Alliance and Four Peaks.
The intent behind the periodic review is to bring Moses Lake’s SMP into conformance with all applicable
requirements in regulations, streamline processes, and update mapping for relevant and most up to date data.
Outreach
Over the course of the last year there has been collaboration, meetings, and outreach on the periodic update to
the Shoreline Master Program. The draft before the Commission today is a result of meetings, discussions, and
updates. The outreach efforts conducted are as follow:
•Kick off meeting with staff and appropriate stakeholders – Spring 2021
•Planning Commission SMP Introduction Workshop - Thursday October 14, 2021
•Planning Commission SMP Draft Checklist and Plan Workshop – March 22, 2022
•Various staff updates to Planning Commission and Council over the course of the project
•Website management – duration of project – domain is: https://www.moseslakesmp.com/
SMP Summary
The proposed amendments and periodic update elements are outlined in Exhibit A and Exhibit B. In addition to
the periodic updates required for state and federal compliance, this periodic update includes the following
amendments:
•Cost Thresholds
COML Council Packet 6-27-23, Page 77 of 101
•Streamlined Process: Ecology
•Non-conforming/ Conforming Provisions
•Exemptions: American with Disabilities Act, Federal lands, enhancement projects
•Clarification to definitions, procedures
•Wetland Delineation, Critical areas guidance
•Floating home regulations
Additional Recommendations/ Changes
•Chapter 2: Public Participation Process: as part of this submittal, we recommend requesting Ecology to
remove the public participation history, or greatly reduce this section for clarity and use of document.
•Chapter 11: Shoreline Protection and Restoration - Benchmarks and Timelines (Page 117): Timeline on
restoration goals and actions – please review as a Commission and provide input if any
•Chapter 12: Administration and Compliance – streamline in accordance with proposed code changes and
types before the hearing examiner
Notice & Referral
Notice for the joint review and public hearing were published in the Columbia Basin Herald on Monday, January
16, 2023. Public comment period ran from Monday 1/16 and run until 2/16. Notices were posted on the City’s
website and on notice boards as required. Agency review was sent out to all appropriate agencies. This was a
joint noticed hearing for the City of Moses Lake and the Department of Ecology. At this time, the city and its
consultant have received one comment from DNR, see Exhibit E.
Staff Recommendation
Based on the staff report, exhibits, public and agency input, Staff recommends the approval of the periodic
update to the Moses Lake Shoreline Master Program.
Recommended Motion
I move to recommend approval of the City of Moses Lake’s Shoreline Master Program periodic update as
outlined in this staff report and the Exhibits.
Exhibit A: Moses Lake Periodic Review Checklist
Exhibit B: Draft Moses Lake Shoreline Master Program
Exhibit C: Four Peaks Final Report
Exhibit D: Noticing Documents
Exhibit E: Written Received Comments
COML Council Packet 6-27-23, Page 78 of 101
SHORELINE MASTER PROGRAM PERIODIC REVIEW
City of Moses Lake Periodic Review Checklist
This document is intended for use by counties, cities and towns subject to the Shoreline Management Act (SMA) to conduct the
“periodic review” of their Shoreline Master Programs (SMPs). This review is intended to keep SMPs current with amendments to
state laws or rules, changes to local plans and regulations, and changes to address local circumstances, new information or improved
data. The review is required under the SMA at RCW 90.58.080(4). Ecology’s rule outlining procedures for conducting these reviews is
at WAC 173-26-090.
This checklist summarizes amendments to state law, rules and applicable updated guidance adopted between 2007 and 2019 that
may trigger the need for local SMP amendments during periodic reviews.
EXHIBIT E
COML Council Packet 6-27-23, Page 79 of 101
Prepared By Jurisdiction Date
Rachelle Bradley & Rachel Granrath,
SCJ Alliance
City of Moses Lake
Consultant
1st submittal TBD
2nd submittal TBD
COML Council Packet 6-27-23, Page 80 of 101
Row Summary of change Review Action ECY Comments
2021
a. The Legislature amended
floating on-water residences
provisions
Not applicable - Floating on-
water residents are prohibited
in the City
No action needed.
b. The Legislature clarified the
permit exemption for fish
passage projects
12039 Shorelines Exemptions
includes outdated
information/does not
reference RCW 90.58.147
Updated 12.30 exemptions list
(P) language consistent with
Ecology example.
2019
a. OFM adjusted the cost threshold
for building freshwater docks
12-30-020 Shoreline
Exemptions Exemptions
listed –(G) contains outdated
language/costs
Updated cost thresholds to
Ecology example language to
reflect fair market value for
permit exemptions
NOTE: Update City permit
application forms to reflect this
change if not already updated
b. The Legislature removed the
requirement for a shoreline
permit for disposal of dredged
materials at Dredged Material
Management Program sites
(applies to 9 jurisdictions)
Not applicable No action needed
c. The Legislature added restoring
native kelp, eelgrass beds and
native oysters as fish habitat
enhancement projects.
Not applicable – the City has
no saltwater shorelines, and
the SMP does not contain a
full list of fish habitat
enhancement projects
No action needed
COML Council Packet 6-27-23, Page 81 of 101
2017
a. OFM adjusted the cost threshold
for substantial development to
$7,047.
12-30-020 Shoreline
Exemptions (A) contains
outdated cost threshold
Updated 12-30-020
(A)language to reflect new cost
threshold to $,7047
NOTE: Update City permit
application forms to reflect this
change if not already updated
b. Ecology permit rules clarified the
definition of “development”
does not include dismantling or
removing structures.
13 Definitions - Development
does not include this
clarification
Amended definition to include
Ecology example language
c. Ecology adopted rules clarifying
exceptions to local review under
the SMA.
Not addressed Amended 12-30-020 Shoreline
Permits to include Ecology
example language (inserted
new section 12-30-020 (O))
d. Ecology amended rules clarifying
permit filing procedures
consistent with a 2011 statute.
Permit filing procedures
already described in SMP -
12-60-070 Review Process
No action needed
e.
Ecology amended forestry use
regulations to clarify that forest
practices that only involves
timber cutting are not SMA
“developments” and do not
require SDPs.
Not addressed No action needed
f. Ecology clarified the SMA does
not apply to lands under
exclusive federal jurisdiction
Not applicable – no lands
with exclusive federal
jurisdication in City limits
No action needed
g.
Ecology clarified “default”
provisions for nonconforming
uses and development.
13 Definitions –
provideseparate definitions
for nonconforming uses,
structures, and lots..
13. Definitions separate
definitions added for non-
conforming uses, structures,
and lots.
COML Council Packet 6-27-23, Page 82 of 101
No change to 12-60-30 Non-
Conforming Structures and 12-
60-040 Non-Conforming Lots,
aligns with Ecology
recommendation.
h. Ecology adopted rule
amendments to clarify the scope
and process for conducting
periodic reviews.
Not applicable – no
description of periodic review
included in SMP; no further
clarification needed
No action needed
i. Ecology adopted a new rule
creating an optional SMP
amendment process that allows
for a shared local/state public
comment period.
Not applicable – SMP
amendment process not
described in SMP.
No action needed
j. Submittal to Ecology of proposed
SMP amendments.
Not applicable – SMP
submittal process not
described in SMP
No action needed
k. Ecology made a few
housekeeping amendments to
WAC 173-26-120, which
describes the state process for
reviewing SMPs.
Not applicable – SMP
reviewing process not
described in SMP.
No action needed
2016
a.
The Legislature created a new
shoreline permit exemption for
retrofitting existing structure to
comply with the Americans with
Disabilities Act.
Not addressed Amended 12-30-020
Exemptions Listed added (Q)
using Ecology example
language.
b. Ecology updated wetlands
critical areas guidance including
6-30-070-C includes Wetland
regulations and ratings from
the Washington Department
No action needed – the SMP is
already updated with the
COML Council Packet 6-27-23, Page 83 of 101
implementation guidance for the
2014 wetlands rating system.
of Ecology Publication #14-
06-030.
accurate CAO reference for
wetland ratings.
2015
a. The Legislature adopted a 90-day
target for local review of
Washington State Department of
Transportation (WSDOT)
projects.
Not addressed Amended 12-60-070 Review
Process to include Ecology
example language, inserted (D.)
2014
a. The Legislature adjusted the cost
threshold for requiring a
Substantial Development Permit
(SDP) for replacement docks on
lakes and rivers
12-30-020 Shoreline
Exemptions Exemptions
listed –(G) contains outdated
language/costs
Updated cost thresholds to
Ecology example language to
reflect fair market value for
permit exemptions
NOTE: Update City permit
application forms to reflect this
change if not already updated.
b. The Legislature created a new
definition and policy for floating
on-water residences legally
established before 7/1/2014.
Not applicable - Floating on-
water residents are
prohibited in the City
No action needed.
2012
a. The Legislature amended the
SMA to clarify SMP appeal
procedures.
Not appliable - SMP appeal
procedures are not described
in SMP
No action needed
2011
a. Ecology adopted a rule requiring
that wetlands be delineated in
accordance with the approved
federal wetland delineation
manual.
13. Definitions for qualified
professionals references both
state and federal manuals for
wetland delineations
Updated 13. Definitions for
Qualified Professionals to
Ecology example language,
removed state manuals
reference.
COML Council Packet 6-27-23, Page 84 of 101
b. Ecology adopted rules for new
commercial geoduck
aquaculture.
Not applicable – the City has
no saltwater shorelines
No action needed
c. The Legislature created a new
definition and policy for floating
homes permitted or legally
established prior to January 1,
2011.
Not applicable - Floating on-
water residents are
prohibited in the City
No action needed.
d. The Legislature authorizing a new
option to classify existing
structures as conforming.
Nonconforming structures
are addressed in 12-60 Non-
Conforming Development
No action needed
2010
a. The Legislature adopted Growth
Management Act – Shoreline
Management Act clarifications.
Not applicable – Clarifications
already addressed in 6-10
Overall Development
Policies.
Effective date of SMP is not
defined in SMP, no
clarification needed.
No action needed No action
needed
2009
a.
The Legislature created new
“relief” procedures for instances
in which a shoreline restoration
project within a UGA creates a
shift in Ordinary High Water
Mark.
Not addressed – SMP does
not include relief in Chapter
11 Shoreline Protection and
Restoration
Updated Chapter 11
Introduction to include
Shoreline Restoration Projects
with Ecology simple reference
example
b. Ecology adopted a rule for
certifying wetland mitigation
banks.
Mitigation banking is
included in A-10-40 and 7-50-
030 Regulations consistent
with Ecology example
language.
Not action needed.
COML Council Packet 6-27-23, Page 85 of 101
c. The Legislature added moratoria
authority and procedures to the
SMA.
Not addressed; per Ecology
guidance: “The moratoria
procedures may be included
in an SMP but it is not
necessary – local
governments can simply rely
on the statute or adopt these
provisions into other
ordinances.”
No action needed; moratoria
authority language can be
included if the City wishes, but
is optional (see Ecology
guidance) No action needed;
moratoria authority language
can be included if the City
wishes, but is optional (see
Ecology guidance)
2007
a.
The Legislature clarified options
for defining "floodway" as either
the area that has been
established in FEMA maps, or the
floodway criteria set in the SMA.
13 Definitions - Floodway
contains partial definition
Ecology example language.
Amended 13 Defintions –
Floodway to include full
Ecology example language.
b. Ecology amended rules to clarify
that comprehensively updated
SMPs shall include a list and map
of streams and lakes that are in
shoreline jurisdiction.
Not addressed – SMP
references external
document in Chapter 3 but
list and map of streams and
lakes are not in the SMP.
Included list and map of
streams and lakes that are in
shoreline jurisdiction.
Added amendment clarification
using Ecology example
language after Table 9.1
Shoreline Environment
Classification Area
Additional amendments
SMP Section Summary of change Discussion ECY Comments
Chapter 2: Public
Participation
Simplify section and add appendix
document
Simplify Chapter 2 and add full details
of engagement in Appendix B to be
COML Council Packet 6-27-23, Page 86 of 101
SMP Section Summary of change Discussion ECY Comments
updated as the City periodically
updates this SMP
Chapter 9.1 Tables
associated with
each environment
Remove tables detailing reach,
rationale, zoning, comp plan
designations –
Propose change to remove tables and
link a reference City’s Zoning,
shoreline and future land use map
rather than detail an outdated table in
SMP – trying to make this easier for
people to use
Chapter 12 Remove authority for Planning
Commission decisions relating to
Shoreline Substantial Development
Permits and Variances and assing to
Heairng Examiner and the Shoreline
Conditional Use Permits
Streamline processes and remove
liability for decision making to be
arbitrary and capricious. Hearing
examiner will review permit
revocations for all permits.
COML Council Packet 6-27-23, Page 87 of 101
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:
Kevin Fuhr, Interim City Manager 11270
Rich Huebner, Assistant City
Manager Administration
6/27/2023 New Business
Municipal Airport Lease Insurance Requirements
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
0.00$0.00$0.00$
COML Council Packet 6-27-23, Page 88 of 101
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
1. Move to reject the Municipal Airport Commission's recommendation to remove automobile and personal
property insurance requirements in the standard Municipal Airport lease and maintain current leases and lease
requirements.
OR
2. Move to accept the Municipal Airport Commission's recommendation to remove automobile and personal
property insurance requirements in the standard Municipal Airport lease and (either 5 or 6, below).
OR
3. Move to accept the Municipal Airport Commission's recommendation to remove automobile insurance
requirements and reject the recommendation to remove personal property insurance requirements in the
standard Municipal Airport lease, and (either 5 or 6, below).
OR
4. Move to accept the Municipal Airport Commission's recommendation to remove personal insurance
requirements and reject the recommendation to remove automobile insurance requirements in the standard
Municipal Airport lease, and (either 5 or 6, below).
IF ANY OF 2, 3, OR 4 IS ADOPTED:
5. Direct staff to execute new leases with lessees immediately using the updated insurance requirements and
the current lease template.
OR
6. Direct staff to implement these updated insurance requirements in the new Municipal Airport Lease template,
which is currently in development.
Municipal Airport Insurance Requirements.pdf 63.26KB
At its June 8, 2023 meeting, the Moses Lake Municipal Airport Commission passed a motion to recommend to
the City Council that the automobile and personal property insurance requirements be removed from the
standard airport ground lease. Removal of either of these requirements would eliminate the City's ability to
require these coverages and for lessees to provide proof of such coverage. Damage to airport property, or the
property or physical person of a licensee or visitor to the municipal airport, caused in whole or in part by an
uninsured vehicle or the personal property of an airport lessee, would become the liability of the City.
There is no immediate fiscal impact to the City. However, approval of the recommendation would increase the
City's liability in the event of damage caused by uninsured lessees.
Options and Results
1. The City's lease requirements and liability exposure will remain the same.
2, 3, or 4, and 5 or 6. Staff will execute new leases based on Council direction. The City's liability exposure will
increase based on the the direction provided.
Staff will bring back options for recommended changes.
The City's lease requirements and liability exposure will remain the same.COML Council Packet 6-27-23, Page 89 of 101
1
10. Insurance:
A. Insurance Term: The Lessee shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the Lessee’s operation and use of the leased
Premises.
B. No Limitation: Lessee’s maintenance of insurance as required by the agreement shall
not be construed to limit the liability of the Lessee to the coverage provided by such
insurance, or otherwise limit the Lessor’s recourse to any remedy available at law or in
equity.
C. Minimum Scope of Insurance: Lessee shall obtain insurance of the types and coverage
described below:
1. Comprehensive General Liability insurance for commercial operators shall be at
least as broad as Insurance Services Office (ISO) occurrence form CG 00 01 and
shall cover premises and contractual liability. The Lessor shall be named as an
additional insured on Lessee’s Comprehensive General Liability insurance policy
using ISO Additional Insured-Managers or Lessors of Premises Form CG 20 11
or a substitute endorsement providing at least as broad coverage. Private
operators are required to obtain aircraft insurance including aircraft liability
insurance covering injury and property damage to third parties arising out of the
ownership, operation, or maintenance of aircraft on Lessor’s property in a form
satisfactory to the Lessor.
2. Property insurance shall be written on an all risk basis.
3. Automobile liability.
D. Minimum Amounts of Insurance: Lessee shall maintain the following insurance limits:
1. Comprehensive General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence with aircraft exclusions deleted.
2. Property insurance shall be written covering the full value of Lessee’s property
and improvements with no coinsurance provisions.
3. Automobile liability with limits no less than the minimum limits required by the
State of Washington.
E. Other Insurance Provisions: The Lessee’s Comprehensive General Liability or aircraft
and aircraft liability insurance policy or policies are to contain, or be endorsed to contain
that they shall be primary insurance as respect the Lessor. Any Insurance, self-
insurance, or self-insured pool coverage maintained by the Lessor shall be excess of the
Lessee’s insurance and shall not contribute with it. Lessee’s insurance policy or policies
shall not include any other entity or party as a named insured other than Lessee and the
Lessor as an additional insured.
F. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A: VII.
G. Verification of Coverage: Lessee shall furnish the Lessor with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Lessee.
COML Council Packet 6-27-23, Page 90 of 101
2
The parties recognize the inherent risks of aviation related uses and operations on
airports and, accordingly, the Lessor’s liability exposure as property owner and landlord.
Therefore, it is expressly understood and agreed that Lessee shall deliver the original
certificates and a copy of the amendatory endorsements, including the additional insured
endorsement, to Lessor evidencing all required insurance coverage; failure to provide
Lessor with such documentation shall constitute a material breach of this Lease for which
Lessor may terminate this Lease as provided for herein. Such documentation shall be
provided to Lessor within ten (10) days of the execution of the Agreement and within
thirty (30) days of the beginning of each consecutive year.
H. Waiver of Subrogation: Lessee and Lessor hereby release and discharge each other
from all claims, losses and liabilities arising from or caused by any hazard covered by
property insurance on or in connection with the premises or said building. This release
shall apply only to the extent that such claim, loss or liability is covered by insurance.
I. Lessee’s Property Insurance: Lessee shall purchase and maintain during the term of the
lease all-risk property insurance covering the Building for its full replacement value
without any coinsurance provisions.
J. Notice of Cancellation: The insurance policies shall contain a clause prohibiting
cancellation or termination of the policies without first giving ten (10) days’ prior written
notice of such cancellation or termination to the Lessor
K. Failure to Maintain Insurance: Failure on the part of the Lessee to maintain the insurance
as required shall constitute a material breach of lease, upon which the Lessor may, after
giving five (5) business days’ notice to the Lessee to correct the breach, terminate the
Lease or, at its discretion, procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to the Lessor
on demand.
L. Lessor Full Availability of Lessee Limits: If the Lessee maintains higher insurance limits
than the minimums shown above, the Lessor shall be insured for the full available limits
of Comprehensive General and Excess or Umbrella liability maintained by the Lessee,
irrespective of whether such limits maintained by the Lessee are greater than those
required by this contract or whether any certificate of insurance furnished to the Lessor
evidences limits of liability lower than those maintained by the Lessee.
COML Council Packet 6-27-23, Page 91 of 101
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Kevin Fuhr, Interim City Manager 11271
Rich Huebner, Assistant City
Manager Administration
6/27/2023 New Business
Airport Commission Membership
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
0.00$0.00$0.00$
1. Move to reject the Airport Commission's recommendation to expand its membership to seven (7) seats, and
maintain the current membership structure of MLMC 2.08.830.
OR
2. Move to accept the Airport Commission's recommend to expand its membership to seven (7) seats, and
direct staff to prepare and present a proposed ordinance to reflect this change in MLMC 2.08.830.
At its June 8, 2023 meeting, the Moses Lake Municipal Airport Commission passed a motion to recommend to
the City Council that the Commission's membership be expanded to seven (7) seats from the current five (5),
and the Council consider Representative Tom Dent and Mr. Tim Prickett, should they apply, for the new seats,
should they be created.
There is no fiscal implications to the City, as members of citizen advisory boards and commissions serve without
compensation. The policy questions for the City Council are (1) does it wish to expand the membership of the
Municipal Airport Commission by seats, and (2) does it wish to allow members who reside outside the corporate
limits of the City?
Options and Results
COML Council Packet 6-27-23, Page 92 of 101
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
1. The membership structure of the Municipal Airport Commission will remain unchanged.
2. Staff will prepare an ordinance proposal to enact the necessary code changes and bring the proposed
ordinance for consideration at a future Council meeting.
Staff will bring back options for recommended changes.
The membership structure of the Municipal Airport Commission will remain unchanged.
COML Council Packet 6-27-23, Page 93 of 101
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 11331
Kirsten Peterson, Director Community Development
6/27/2023 New Business
Development Code Review Status
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
0.00$0.00$0.00$
No action is being requested tonight. Staff welcomes discussion, questions, and feedback from City
Council.
Code Outline working June 2023.pdf 191.03KB
Dept of Commerce_Moses Lake Phase I Completion Letter.pdf 263.95KB
COML Council Packet 6-27-23, Page 94 of 101
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
Following adoption of the Comprehensive Plan in late 2021, and guidance from the Department of
Commerce (see attachment), the City then began to formulate plans for updating the Development Code
regulations into one unified Development Code. At present, the applicable code provisions are broken out
into several section of the Municipal Code, specifically in Titles 14 through 20. The intention with a new
code is to combine all development regulations into one Title.
In 2021, the City entered into a contract with SCJ Alliance to aid in the drafting of the new code. Staff
members from Community Development, with participation from other department as necessary, have
been meeting with the consultants on a regular basis to review the draft code regulations.
We have reached a point where the majority of the code has been drafted, and we will soon be seeking
input and participation from the public. The status of the development code re-write is found within the
attached Working Code Outline. This document gives an overview of each new Division of the Code, along
with the status as of the beginning of June. The Draft Code is under regular review by Staff and the
consultants, and the Outline is updated on a regular basis.
A public participation plan (PPP) is currently being drafted and will be presented to the Planning
Commission for their input and recommendation during their next meeting to be held on July 13. Following
that meeting, the PPP will be presented to City Council for consideration and potential adoption.
The intention of the PPP is to ensure that the city is offering a variety of avenues for members of the public
to review the document and provide input. Not only is it in the best interests of the City to ensure this type
of participation, but broad public participation is also a requirement found with RCS 36.70A.140.
The public participation effort is intended to achieve specific desired outcomes, which include:
· A public involvement process that provides clear information to the public on the purpose of the
Comprehensive Plan update and how the update process works;
· Public meetings and events designed to provide opportunities for all interested parties to be heard, and
for people to listen and learn from one another;
· Broad participation of all interested groups and individuals regardless of point of view;
· A transparent process which clearly documents all public input and makes it available for any and all to
review; and
· Improve the decision making process to include the interests and needs of stakeholders
At a minimum the City will be hosting workshops, and eventually public hearings, with both the Planning
Commission and City Council. However, before we arrive at the point of public hearing and adoption, the
City wants to make every effort to provide for ample participation from the public. Staff will be designing a
series of events that will include stakeholder workshops, open house events, presentations to existing
community groups, boards, and non-profit organizations, and participation at existing community events. A
variety of methods for engagement will also be utilized, from offering paper copies of the draft Code for
review, to the use of online community engagement tools to allow for broad public participation.
Following review of the PPP by the Planning Commission, Staff anticipates bringing the PPP to Council for
review at the July 25 meeting.
Adoption of development regulations that are aligned with the Comprehensive Plan will bring the City into
compliance with the GMA requirements outlined in RCW 36.70A.130.
Options and Results
Staff is providing and update and seeking concurrence with the proposal to proceed with the next steps in
implementing a Public Participation Plan related to adoption of new development code regulations.
Staff will bring back options for recommended changes.
COML Council Packet 6-27-23, Page 95 of 101
No Action Taken:
Staff will continue to work with consultants on the rewrite of the Development Code and bring back a PPP at a
later date.
COML Council Packet 6-27-23, Page 96 of 101
STATE OF WASHINGTON
DEPARTMENT OF COMMERCE
1011 Plum Street SE PO Box 42525 Olympia, Washington 98504-2525 (360) 725-4000
www.commerce.wa.gov
December 14, 2021
The Honorable David Curnel
Mayor of Moses Lake
401 S Balsam
Post Office Box 1579
Moses Lake, Washington 98837
Sent Via Electronic Mail
RE: Completion of the periodic update of Moses Lake’s Comprehensive Plan
Dear Mayor Curnel:
Thank you for sending Growth Management Services Ordinance No. 2992. We received this on
November 30, 2021 and processed it with the Material ID 2021-S-3438. This ordinance
indicates the completion of your comprehensive plan review and update required under RCW
36.70A.130. We recognize the substantial investment of time, energy, and resources that these
documents represent. We congratulate you, your planning commission, staff, and involved
citizens for the good work represented by your update.
Next Steps to Complete the Periodic Update:
RCW 36.70A.130(1) requires that counties and cities take action to review and revise, if
necessary, their comprehensive plans and development regulations, including their critical areas
ordinances, every eight-years. At this time, it appears you still need to finalize the review and
update of your development regulations and critical area regulations.
Finalizing the Periodic Update Process:
Commerce recommends that your final legislative action documents the entire review process
and declares that the periodic update required in RCW 36.70A.130(1) is complete. This final
action should outline opportunities for the public to take part in this review, and include findings
that your comprehensive plan and development regulations are consistent with the Growth
Management Act.
COML Council Packet 6-27-23, Page 97 of 101
If you have any questions or concerns about any planning or growth management issues, please
call William Simpson, Senior Planner, at (509) 280-3602. We extend our continued support to
the City of Moses Lake in achieving the goals of growth management.
Sincerely,
Dave Andersen, AICP
Managing Director
Growth Management Services
DA:WS:lw
cc: Allison Williams, City Manager, City of Moses Lake
Melissa Bethel, Community Development Director, City of Moses Lake
William Simpson, AICP, Senior Planner, Growth Management Services
Benjamin Serr, AICP, Eastern Regional Manager, Growth Management Services
George Mazur, Senior Transportation Planner, WA Department of Transportation
Eric Pentico, Habitat Biologist, WA Department of Fish and Wildlife
COML Council Packet 6-27-23, Page 98 of 101
Page 1 of 4
Draft Date: June 23, 2023
Moses Lake Title 15:
Unified Development Code
CONTENTS:
• Division I: General Provisions
• Division II: Development Review and Enforcement
• Division III: Zoning Districts and Land Use
• Division IV: Community and Project Design
• Division V: Environmental, Critical Areas, and Growth Management Act
• Division VI: Definitions, Word Usage, and Measurement.
Division I: General Provisions
15.01 General Provisions
Section Action Notes
15.01.01 Title Draft complete with initial CDD input Draft complete
15.01.02 Purposes Draft complete with initial CDD input Draft complete
15.01.03 User Guide Draft complete with initial CDD input Finalize near end of code
drafting – CDD staff led
15.01.04 Applicability Draft complete with initial CDD input Draft complete
15.01.05 Interpretation and
Severability
Draft complete with initial CDD input Draft complete
FINAL COMBINED Division I Draft complete minus user
guide
Division II: Development Review & Enforcement
15.02 Development Review
Section Action Notes
15.02.01 Purpose and
Administration
Draft complete with CDD input Draft complete
15.02.02 Permit Review Process
Types
Draft complete with CDD input Draft complete
15.02.03 Permit Review
Procedures
Draft complete with CDD input Draft complete
15.02.04 Hearings and Appeals Draft complete with CDD input Draft complete
15.02.05 Review Criteria for
Certain Permits
Draft complete with CDD input Draft complete
15.02.06 Supplementary
Standards
Draft complete with CDD input Draft complete
15.02.07 Subdivisions Draft complete with CDD input Draft complete
FINAL COMBINED Division II Draft complete with CDD input Draft complete:
Next steps:
Page 2 of 4
Draft Date: June 23, 2023
CDD staff gather input from
various departments
Present draft code to PC/ CC
Division III: Zoning Districts and Land Use
15.03 Zones, Overlay Zones and Land Use
Section Action Notes
15.03.01 Purpose and Application Draft complete with initial CDD input
15.03.02 Adopted Zoning Map
and Interpretation
Draft complete with initial CDD input
15.03.03 Establishment of Zones
and Overlay Zones
Draft complete with initial CDD input Need to finalize what to do
with Public Zones
15.03.04 Land Use by Zone Draft complete with initial CDD input
15.04 Residential District Standards
15.04.01 Purpose and Application Draft complete with initial CDD input
15.04.02 Low Density Residential
(R-1) Standards
Draft complete with initial CDD input
15.04.03 Medium Density
Residential (R-2) Standards
Draft complete with initial CDD input
15.04.04 High Density Residential
(R-3) Standards
Draft complete with initial CDD input
15.05 Supplemental Residential District Standards
15.05.01 Building Height Plane Draft complete with initial CDD input
15.05.02 Zero Lot Line Standards Draft complete with initial CDD input CCD Staff to coordinate with
Building/ Engineering
15.05.03 Manufactured Homes on
Individual Lots
Need input on direction/ choices CDD
staff
CCD Staff to coordinate with
Building/ Engineering
15.05.04 Manufactured Home
Communities
Need input on direction/ choices CDD
staff
CCD Staff to coordinate with
Building/ Engineering
15.05.05 Cluster Development Draft complete with initial CDD input CCD Staff to coordinate with
Building/ Engineering
15.05.06 Accessory Dwelling Units Draft complete with initial CDD input Revised with HB additions
15.05.07 Emergency and
Transitional Housing
Draft complete with initial CDD input Revised with State law
compliance
15.05.08 Other Housing Types Staff discussion needed CCD Staff to coordinate with
Building/ Engineering
15.06 Nonresidential and Mixed Use Standards
15.06.01 Purpose and Application Draft complete with initial CDD input
15.06.02 Nonresidential and
Mixed Use StandardsError!
Bookmark not defined.
Draft complete with initial CDD input
15.06.03 Mixed Use and Live-
Work
Draft complete with initial CDD input
15.06.04 Commercial/ Industrial
Standards
Staff coordinate discussion with
Engineering/ Planning
CCD to coordinate with
Engineering (Perteet) industrial
standards
15.06.05 Essential Public Facilities Draft complete – need CCD review
Page 3 of 4
Draft Date: June 23, 2023
15.06.06 Airport Overlay
Standards
FINAL COMBINED Division III
Division IV: Community and Project Design
15.07 Community Design Standards
Section Action Notes
15.07.01 Purpose and Application
15.07.02 Streetscape
DesignError! Bookmark not
defined.
15.07.03 Subdivision and Block
Structure
15.07.04 Open Space
15.07.05 Downtown Design
Standards
Some outreach has been done
with downtown organizations
15.07.06 Commercial Transition
Design Standards
15.08 Project Design Standards
15.08.01 Purpose and Application
15.08.02 Site Orientation
15.08.03 Site Planning and Design
Elements
Pedestrian pathways, parking
lot orientation, internal
pathways, internal vehicular
circulations
15.08.04 Building Design
15.08.05 Off-Street Parking Draft started by consultant References other chapters
15.08.06 Landscaping Draft started by consultant References other chapters
15.08.07 Outdoor Lighting
15.08.08 Wireless Communication
Facilities
Draft started by consultant/ CCD staff References other chapters
15.09 Signs
15.09.01 Purpose and Application
15.09.02 Types
15.09.03 Design Characteristics
15.09.04 Nonconforming Signs
15.09.05 Enforcement
FINAL COMBINED Division IV Draft of entire division once we
get a near final of the zoning
chapter (Division III)
Division V: Environmental, Critical Areas, and SEPA
15.09 SEPA
Page 4 of 4
Draft Date: June 23, 2023
Section Action Notes
15.10 TBD Sections reference RCW/ WACs
(SEPA) flow chart
15.10 Critical Areas Preservation
15.11.01 Purpose and Application
15.11.02 Applicability
15.11.03 Procedures
15.11.04 Critical Aquifer Recharge Area
15.10.05 Fish and Wildlife Habitat and
Conversation Areas
15.11.06 Frequently Flooded Areas
15.11.07 Geologically Hazardous Areas
15.11.08 Wetlands
15.11.09 Nonconforming Uses/ Structures
15.11.10 Appeals
15.11.11 Shoreline Management
FINAL COMBINED Division V Maintain BAS; organize content
from existing code into more
understandable language
Division VI: Definitions, Word Usage, and Measurements
15.12 Definitions, Word Usage, and Measurements
Section Action Notes
15.12.01 Purpose and Application
15.12.02 Definitions
15.12.03 Word Usage
15.12.02 Measurements
FINAL COMBINED DIVISION VI Draft in progress – integrating
new definitions as we go
through each title