FINAL 2023 0808 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, August 8, 2023
Moses Lake Civic Center – 401 S. Balsam or remote access*
Regular Meeting Agenda
Call to Order – 6:30 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Presentations
-Downtown Moses Lake Main Street Tax Annual Report
Denise Kinder, Board President
-McKinstry Energy Efficiency and Landscaping Projects – pg 3 Motion x2
Kevin Fuhr, Interim City Manager
Citizen’s Communications **
Summary Reports: Mayor’s Report
Additional Business
City Manager’s Report
-City Manager Search Committee
-Schedule Fire Impact Fee Study Session
-Graffiti Clean Up Discussion
- Shopping Cart Retrieval Procedures – pg 16
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.
COML Council Packet 8-8-23, Page 1 of 116
August 8, 2023, City Council Meeting Page 2
#1 pg 18
a.City Council Meeting Minutes Dated July 25, 2023
b.Claims and Payroll
c.Groundworks Lease Extension (Sleep Center)
d.Maple Landing 1 Phase 2 Final Planned Development
e.Municipal Airport State Capital Improvement Projects (addendum pg 105)
f.Common Interest/Joint Prosecution Agreement (addendum pg 108)
Old Business - None scheduled
New Business
#2
Motion
#3
Motion
pg 97
Revision of ARPA Spending Plan
Presented by Madeline Prentice, Finance Director
Summary: Council to review and consider approval
pg 100
Municipal Services Retitled Public Works Ordinance 3031
Presented by Kevin Fuhr, Interim City Manager
Summary: Council to review and consider adoption
Administrative Reports
Council Committee Reports
Adjournment
Next Regular Council Meeting is scheduled for August 22, 2023
NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special
assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk
at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting.
*Click this link for remote speaker request forms which must be completed by 3 p.m. on the day of the
meeting for Citizen or Public Hearing Comments to be heard remotely during the live meeting. Select zoom
option if signed up to speak remotely.
Zoom Options: web access - https://cityofml.zoom.us/j/92431800464 Or One tap mobile: +12532158782,,92431800464# US (Tacoma) +12532050468,,92431800464# US Or Telephone: Dial(for higherquality, dial a number based on your current location): +1 253 215 8782 US (Tacoma) +1 253 205 0468 USWebinar ID: 924 3180 0464
YouTube live and recorded after April 2023: https://www.youtube.com/@MosesLakeCityCouncil/streams
** In person Citizen Comment form needs to be turned in prior to start of each meeting. The 5-minute time per
speaker may be reduced to allow a maximum period of 30-minutes for citizens who have signed up to speak.
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Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Mayor and City Council 11884
Kevin Fuhr, Interim City
Manager Municipal Services
8/8/2023 Presentation
Civic Center Landscaping Project
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
593,250.00$500,000.00$0.00$
Staff recommends the Council authorize the project as presented.
Moses Lake City Council Presentation 8.8.23.pdf 2.41MB
This presentation will be to showcase our proposal for the Civic Center landscaping project. This project will
show different variations of low water use landscape designs.
The landscaping project came in at $93,250 over budget, but the museum lighting project came in under budget.
With the money saved on the lighting project we can cover the costs of the landscaping without needing
additional funding.
There are no policy implications.
Options and Results
Staff will schedule the project.
Staff will bring back options for recommended changes.
Staff will await further direction.COML Council Packet 8-8-23, Page 3 of 116
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Mayor and City Council 11885
Kevin Fuhr, Interim City
Manager Municipal Services
8/8/2023 Presentation
Museum Lighting Efficiency Project
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
289,065.00$400,000.00$0.00$
Staff recommends the City Council to authorize this project as presented.
This project is to replace the old halogen lighting in the Museum and to add some additional lighting.
This project came in under budget.
There are no policy implications.
Options and Results
Staff will process contract for the project.
Staff will bring back options for recommended changes.
Staff will await further direction.
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City Council Meeting
August 8th, 2023
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Agenda
3
▪Introductions
▪ESPC Process
▪Lighting
▪Water Conservation
▪Conclusion
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ESPC Process
3
Preliminary
Facility Assessment
(PFA)
Investment
Grade Audit (IGA)
Construction & Implementation
Measurement &
Verification (M&V)
Discover
McKinstry Paid
Develop
Included in Project Cost/Billing
Implement
Substantiated Billing*
* Project savings returned to owner or used for additional
scope previously identified, but not implemented.
IGA
Proposal
Energy
Services
Proposal
Construction
Contract
w/DES
•Guaranteed Maximum Pricing *
•Guaranteed Energy Savings *
COML Council Packet 8-8-23, Page 7 of 116
Existing Conditions
•Low lighting
•Inadequate lighting
•High maintenance costs
Moses Lake Museum Lighting
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Solution
•Move existing lighting away from wall to allow better illumination of Community
Gallery and merchandise
•High efficiency LED on isolated control.
Gift Shop
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Solution
•Replace existing halogen bulbs with high efficiency LED lights
•Install additional lighting on periphery
Main Museum Gallery
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Solution
Remove existing track lighting coming from main museum gallery and replace with 4
LED tub lights on isolated control
Museum Classroom
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Introduction
With the anticipated significant potable drinking water shortage expected by the City
of Moses Lake based on expected growth, leadership is looking at changes that will
help reduce water usage and utilize native plants that are adapt to the arid climate.
The design by McKinstry and Architects West will address water reductions and
savings to the City of Moses Lake. By assessing past water usage and the projected
requirements based on new water needs for the new landscape design. This new
landscape layout will emphasize water conservation that result in a demonstration
garden that is responsive to the City’s needs and desires. Water Conservation Project
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Current water usage for main campus
The current water usage for the irrigation for the areas
surrounding the Police Dept, Civic Center and City Hall
Annex –
6,845 gallons per day for all areas
The average home in Moses Lake consumes 1,179 gallons
per day
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Native American Garden
Native Washington State Garden
Scabland Garden
Dry Shade Garden
Exotic Low Water Garden
Rock and Boulder Garden
Turfgrass Demonstration
Existing Exeriscape
New Water Usage : 3770 gallons per
day a reduction of 45% water usage
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Thank you
9
Next Steps
Thank you •Approve Lighting and Water Conservation Projects
•Complete contracting with DES
___________________________________
•Museum Lighting Project to start immediately
•Water Conservation Project to start in the Spring
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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 11869
Kirsten Peterson, Director Community Development
8/8/2023 City Manager's Report
Review of Retail Store Shopping Cart Retrieval Procedures
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
0.00$0.00$0.00$
This is a summary report by staff and no action is requested.
Grocery Cart Retrieval.xlsx 15.98KB
In July of 2023 Code Enforcement contacted (10) ten local grocery/retail stores and inquired about their
grocery/retail cart retrieval. The contacts included speaking with the managers of the stores and the following
points were discussed: Retrieval program, frequency of cart retrieval, cart locking mechanism, responsibility of
retrieval, and store manager.
Based upon the outreach with (10) ten of the local grocery/retail stores, they were very receptive to the City's
concerns and most indicated they already have a cart retrieval program in place. A summary of the staff
findings is found within the attached spreadsheet. For the stores with no program in place, they indicated they
will get one started to alleviate loss for the store and blight within the city. The stores with no program also
indicated they will start a weekly retrieval program. Most of the stores indicated they do a daily sweep of their
parking lot and bring the carts in at the end of day to prevent the carts from leaving the property.
An inquiry was also made to the stores about installing locking mechanisms on the carts, and they indicated the
locking mechanisms are too great of an expense.
However, since the time of the first staff outreach and education, code enforcement has seen a decline in the
number of grocery/retail carts in the city. The department will continue the outreach and education with the local
stores as needed to prevent further blight within the city.
An educational approach with the retail store owners will have a minimal fiscal impact on the code enforcement
division budget.
COML Council Packet 8-8-23, Page 16 of 116
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Options and Results
No action is requested.
Staff will bring back options for recommended changes.
Staff will monitor the shopping cart abandonment and reach out to the store owners when necessary.
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MOSES LAKE CITY COUNCIL July 25, 2023
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 6:30 p.m. by Deputy Mayor Martinez in the Council Chambers of the Civic Center with audio remote access. Special notice for remote attendance and citizen comment were posted on the meeting agenda.
ROLL CALL
Present: Deputy Mayor Martinez; Council Members Fancher, Madewell, Swartz, and Skaug. Absent: Mayor Myers and Council Member Eck.
Action taken: Council Member Swartz moved to excuse Mayor Myers and Council Member Eck,
second by Council Member Madewell. The motion carried 5 – 0. PLEDGE OF ALLEGIANCE
Community member Elicia Dalluge led the Flag Salute. AGENDA APPROVAL
Action taken: Council Member Swartz moved to approve the Agenda as presented, second by Council Member Fancher. The motion carried 5 – 0.
CITIZEN’S COMMUNICATION
City Insurance Requirement - Victor Lombardi, Moses Lake, inquired about changes to the
minimum insurance requirement required by the City for various events and activities. Marina Drive Issues - Connie Barnes, Moses Lake, requested enforcement of speeding, squatters, and littering still occurring at and around Marina Park.
Water Usage and Billing Data - Andrew Koeppen, Moses Lake, shared his analysis of water billing on the top water users based on records he has collected from the utility billing division of the finance department.
Water Solution Expense - Jeremy Nolan, Moses Lake, asked where the $4 million would come from to cover expense for water solutions discussed at the last Council meeting. Council and staff responded that they are working on reallocating funding from the 2021 American Rescue Plan Act (ARPA).
Miscellaneous - Elisia Dalluge, Moses Lake, commented on homeless clean up, Council stipend increase, water infrastructure legislative resources, and opioid settlement dollars designated to City and County. SUMMARY REPORTS
DEPUTY MAYOR’S REPORT
Primary Election Ballots are due by August 1, either dropped at the Post Office or in an Elections Office collection box, one being located behind the Civic Center Annex.
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ADDITIONAL BUSINESS
Council concurred to have staff research solutions for cleanup of garbage and graffiti on private property, as well as requesting business to get locks from Lakeside Disposal for
dumpsters.
CITY MANAGER’S REPORT
Employee New Hire Fire Chief Brett Bastian introduced Jeff Vander Giessen, the new Fire Marshal.
Phillips 66 Equipment Donation Resolution 3945 Phillips 66 Corporation donated $50,000 to the Fire Department to purchase high pressure Self-Contained Breathing Apparatus (SCBA) for responses to hazardous material incidents.
Action taken: Council Member Swartz moved to adopt Resolution 3945, second by Council Member Swartz. The motion carried 5 – 0.
Police Building Design Interim City Manager Kevin Fuhr shared a conceptual photo of the new Police Station.
1st Quarter Finance Report Finance Director Madeline Prentice provided an analysis of revenues and expenditures
from 2019 to 2023 year to date through March. Citywide expenses ended the first quarter
under budget by 6.3% due to underspending in most funds and incomplete capital projects. CONSENT AGENDA
#1 a. City Council meeting minutes dated July 11, 2023
b. Electronic Transfer: N/A Checks: 161380 - 161577 - $1,627,439.44 Payroll Checks: #65395 - 65477 - $54,540.90 Electronic Payments: Direct Deposit - $630,730.97 c. Accept Crouse St Easement Resolution 3946
d. Wheeler Road Sinkhole Emergency Repair Resolution 3947 e. Police Lateral Sponsorship Bonus f. Grant County Co-Responder Behavioral Health Program Interlocal Agreement g. Well 34 Pilot Test Amendment #1
Action taken: Council Member Fancher moved to approve the Consent Agenda as presented, second by Council Member Swartz. The motion carried 5 – 0. OLD BUSINESS
#2 Development Code Update Public Participation Plan (PPP)
The Planning Commission reviewed the PPP during their meeting on July 13, 2023. They are requesting to keep the PPP a living document that can be amended as new suggestions for outreach are proposed. Council asked to have materials provided in Spanish, to have interpreters at public events, and suggested interviewing developers. A
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final draft will be presented for formal adoption within the next couple of months.
A report depicting status of each section of the new Code was also in the meeting packet. Council requested leniency on using draft regulations during the update of the Code.
NEW BUSINESS
#3 Annual Comprehensive Plan Amendment Docketing Council received ten proposals for consideration to move forward through the public review process and final adoption of an updated Comp Plan. Council is authorized to docket only proposals that are deemed ready for review during the annual docketing
process. Community Development Director Kirsten Peterson broke the presentation and
motions into the following topics: Urban Growth Area (UGA) additions Proposals 1-3, land use designations Proposals 4-5, Transportation Element text changes Proposal 6, text and map updates in Appendix A Proposals 7-8, Capital Facilities Plan Appendix C and removal of Transformational Campus concept Proposals 9-10. Proposals requesting an
increase in the UGA would need a comparable reduction from the existing UGA.
Council would like to have a joint meeting with the County Commissioners during the update process. They would also like to see a study on bike path usage and options to change downtown parking plans prior to next year’s docketing process.
Action taken: Council Member Fancher moved to add Proposals 23-01, 23-02, and 23-03 to the
docket, second by Council Member Swartz. The motion carried 5 – 0. Action taken: Council Member Swartz moved to add Proposals 23-04 and 23-05 to the docket, second by Council Member Fancher. The motion carried 5 – 0.
Action taken: Council Member Swartz moved to add Proposal 23-06 to the docket, second by
Deputy Mayor Martinez. The motion carried 5 – 0. Action taken: Council Member Fancher moved to add Proposals 23-07 and 23-08 to the docket, second by Council Member Swartz. The motion carried 5 – 0.
Action taken: Council Member Fancher moved to add Proposals 23-09 and 23-10 to the docket, second by Council Member Swartz. The motion carried 5 – 0. ADMINISTRATIVE REPORTS
Police National Night Out Event Interim Police Chief David Sands announced the National Night Out (NNO) event will be held on August 1 at McCosh Park from 6 p.m. to 8 p.m.
Fire Chief Recognition
Interim City Manager Kevin Fuhr read a letter from a local citizen to commend Fire
Chief Brett Bastian in taking command of rollover incident on I-90 this morning.
COUNCIL COMMUNICATIONS AND REPORTS
Council Member Swartz was unable to attend the Yonezawa Sister City Exchange meeting on
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Saturday but reported they are making forward progress designing a memorial for Yonezawa Park using funding from a recent donation they received.
Council Member Madewell disclosed from the Grant County Solid Waste Advisory Committee
meeting that there were a few landfill fires caused by lithium batteries and that no funding has been allocated for Phase 4 landfill construction. Proper disposal of lithium batters can be found online: www.cityofml.com, select Department, Utilities, Garbage, Safe Battery Disposal, Flyer.
Council Member Fancher received a presentation from the Potato Commission during the Grant
County Economic Development Committee meeting. Deputy Mayor Martinez conveyed that the blue green algae tracking information can be found on the Grant County Health District website www.granthealth.org and search ‘blue green algae’.
The Grant County Homeless Housing Committee meeting took place at the Port of Moses Lake
‘fishbowl’ and learned that we have more resources for homeless then for those that are almost homeless. EXECUTIVE SESSION
Deputy Mayor Martinez called an Executive Session from 9:05 p.m. to 9:35 p.m. to consider the
price at which real estate will be offered for sale, to discuss qualifications of applicants for public employment, and potential litigation pursuant to RCW 42.30.110(1) subsections (c), (g), and (i) with no action to follow.
CITY MANAGER SEARCH
Deputy Mayor Martinez, Council Members Madewell and Swartz requested to participate in the initial interviews with selected candidates. The top several candidates then will be invited for in person panel interviews and a public meet and greet.
ADJOURNMENT
The regular meeting was adjourned at 9:35 p.m.
______________________________________ Don Myers, Mayor
ATTEST____________________________
Debbie Burke, City Clerk
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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 11873
Madeline Prentice, Director Finance
8/8/2023 Consent Agenda
Disbursement report since July 25, 2023
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
1,633,517.96$1,633,517.96$0.00$
Approve payment of claims as presented.
The following amounts were budgeted, and sufficient funds were available to cover these payments:
Electronic Transfer: #259 - 262 - $10,026.84
Checks: 161578 - 161749 - $935,427.28
Payroll Checks: #65478 - 65572 - $57,907.40
Electronic Payments: Direct Deposit - $630,156.44
Vouchers - 08.08.2023.pdf 128.45KB
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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.
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TOTALS BY FUND:Est. Fund Bal.Est. Fund Bal.
FUND NO FUND NAME @ 7/31/2023 AMOUNT @ 8/8/2023
001 GENERAL FUND 13,567,253 158,520.08 13,408,733
102 TOURISM 1,296,264 ‐ 1,296,264
103 GRANTS AND DONATIONS 1,114,772 1,602.40 1,113,170
105 ARPA 5,941,214 ‐ 5,941,214
110 HOMELESS SERVICES 762,472 2,372.58 760,100
111 OPIOID ABATEMENT 33,296 ‐ 33,296
114 PATHS/TRAILS 105,157 ‐ 105,157
116 STREET 664,004 7,490.45 656,513
119 STREET REPR/RECON 2,608,799 ‐ 2,608,799
170 TRANSPORTATION BENEFIT DISTRICT 801,446 ‐ 801,446
282 LOCAL BORROWING 1,085,043 ‐ 1,085,043
286 REFUNDING GO BONDS 2015 376,718 ‐ 376,718
314 PARK & RECREATION IMPROVEMENTS 603,902 2,176.25 601,726
315 PARK MITIGATION CAPITAL PROJECTS 33,632 ‐ 33,632
410 WATER/SEWER 7,400,074 49,436.28 7,350,638
450 2011 BOND FUND 10,304 ‐ 10,304
451 WATER/SEWER ‐ 2011 BOND RESERVE 567,600 ‐ 567,600
452 2004 BOND FUND 714,000 ‐ 714,000
453 WATER/SEWER ‐ 2004 BOND RESERVE 701,500 701,500
471 WATER RIGHTS 2,161,802 21,483.00 2,140,319
477 WATER SEWER CONSTRUCTION 3,497,500 27,546.63 3,469,953
485 PWTF WATER‐SEWER DEBT SERVICE 20,196 ‐ 20,196
487 2015 GO BONDS REDEMPTION 47,801 ‐ 47,801
490 SANITATION 2,058,680 570,892.16 1,487,787
493 STORM WATER 955,135 7,577.38 947,557
495 AIRPORT 90,105 716.70 89,388
498 AMBULANCE 977,241 8,591.98 968,649
501 UNEMPLOYMENT COMPENSATION INSURANCE 75,163 375.00 74,788
503 SELF‐INSURANCE 314,876 53,238.00 261,638
517 CENTRAL SERVICES 1,012,422 6,593.91 1,005,828
519 EQUIPMENT RENTAL 2,161,282 13,975.73 2,147,306
528 BUILDING MAINTENANCE 2,374,977 9,590.51 2,365,386
611 FIRE PENSION 415,211 1,377.32 413,834
623 DEPOSIT 115,027 ‐ 115,027
631 STATE 2,481 1,897.76 584
TOTAL 54,667,349$ 945,454.12$ 53,721,895
City of Moses Lake
Tabulation of Claims Paid‐Summary by Fund
Council Meeting Date‐ 08/08/2023
COML Council Packet 8-8-23, Page 24 of 116
Check Name Check Amount Check Date Invoice Description
259 Dept Of Retirement Systems 1,279.13 06/15/2023 NLEC Reporting May 2023
260 Dept Of Retirement Systems 1,279.13 07/07/2023 NLEC Reporting May 2023
261 Dept of Revenue‐ EFT 926.05 07/27/2023 Q2 Leasehold Tax 2023
262 ICMA‐Retiree Health Saving 6,542.53 07/27/2023 Tony Sick Cashout
161578 Sunrise Environ Scientific 1,219.13 07/18/2023 Wipeoff
161579 Rosenda Henley 270.21 07/20/2023 Creative District Conference Reimburse
161580 Dustin Roth 85.00 07/20/2023 Reimburse Application Fees
161581 A T & T Mobility 825.00 07/21/2023 Investigations‐Phone Tracking
161582 Abc Hydraulics 5.40 07/21/2023 O Rings
161583 Affordable Auto Repair Inc 1,021.32 07/21/2023 Drug seizure, UC Car Repair & Maint.
161584 Ag Supply Ace Hardware 20.35 07/21/2023 Spray Paint, Glue
161585 Alex Benko 675.75 07/21/2023 Dental Claim ‐ LEOFF
161586 Alicia M. Hicks 25.90 07/21/2023 Museum Consignment Sales
161587 Amazon Capital Services, Inc.5,748.90 07/21/2023 IT Amazon June
161588 Angela Hunt 23.10 07/21/2023 Museum Consignment Sales
161589 Anna Enriquez 10.50 07/21/2023 Museum Consignment Sales
161590 Aquatic Specialty Services Inc 44,097.12 07/21/2023 Pool Supplies
161591 Barbara Harris 15.40 07/21/2023 Museum Consignment Sales
161592 Barbara Nickerson 18.40 07/21/2023 Museum Consignment Sales
161593 Basin Refrigeration & Heat Inc 628.44 07/21/2023 Duct Work
161594 Basin Septic Services Inc 1,598.90 07/21/2023 ADA Park ‐ June 2023
161595 Bound Tree Medical LLC 310.87 07/21/2023 Medical Supplies
161596 Brian Zinke 24.50 07/21/2023 Museum Consignment Sales
161597 Cascade Natural Gas Corp 482.87 07/21/2023 Natural Gas Utilities
161598 Certified Folder Display Service, Inc 1,858.34 07/21/2023 LTAC Expense
161599 Christian Olson 21.70 07/21/2023 Museum Consignment Sales
161600 Cobies Fine Dry Cleaning 281.79 07/21/2023 Dry Cleaning Services
161601 Cole & Sons Farm 1,161.15 07/21/2023 Rock
161602 Columbia Basin Ice, LLC 556.00 07/21/2023 Campground Ice (Resale)
161603 Columbia Bearing Bdi 21.42 07/21/2023 V‐Belt
161604 Consolidated Disposal Service 345.41 07/21/2023 May Service
161605 Copiers Northwest Inc 185.59 07/21/2023 Equipment Contract Fees
161606 CSWW, Inc 160.33 07/21/2023 Propane Cylinder, Torch
161607 Deborah Goodrich Chittenden 72.80 07/21/2023 Museum Consignment Sales
161608 Dee Dee Dressen 31.50 07/21/2023 Museum Consignment Sales
161609 Elizabeth Grimsrud 14.00 07/21/2023 Museum Consignment Sales
161610 Elvis Swisher 325.85 07/21/2023 Dental Claim ‐ LEOFF
161611 Equifax / Talx UC Express Inc 375.00 07/21/2023 Unemployment Claims Management
161612 Fishingmagician.com 1,300.00 07/21/2023 LTAC Expense
161613 Frances Wood 25.20 07/21/2023 Museum Consignment Sales
161614 Galls LLC 481.50 07/21/2023 Uniforms
161615 Hannah Clair Allen 13.99 07/21/2023 Museum Consignment Sales
161616 Heartland Agriculture, LLC 336.56 07/21/2023 Spray Truck Parts
161617 Hot Springs Spa & Leisure Inc 196.75 07/21/2023 Pole/Wall Brush/Net
161618 Idville 400.01 07/21/2023 Employee ID Badges
161619 Jerry Johnson 45.50 07/21/2023 Museum Consignment Sales
161620 Jerrys Auto Supply 555.59 07/21/2023 Oil
City of Moses Lake
Checks Issued with Summary Description
For August 8th, 2023 Council Meeting
COML Council Packet 8-8-23, Page 25 of 116
161621 Jims Lock Service LLC 859.95 07/21/2023 Deadbolt
161622 John Peterson 21.00 07/21/2023 Museum Consignment Sales
161623 John W Lawton 3.50 07/21/2023 Museum Consignment Sales
161624 Judy Kalin 10.50 07/21/2023 Museum Consignment Sales
161625 Judy Rice 28.00 07/21/2023 Museum Consignment Sales
161626 K C D A 2,972.75 07/21/2023 Redo Layout and Re‐Drill Footing Holes
161627 Katherine Da Silva 37.80 07/21/2023 Museum Consignment Sales
161628 Kathleen Parr 14.00 07/21/2023 Museum Consignment Sales
161629 Keller Associates 3,445.60 07/21/2023 COF Pump Station Upgrade
161630 Kelley Connect 2,302.43 07/21/2023 VIC Expense ‐ Furniture
161631 Kottkamp & Yedinak, P.L.L.C.455.00 07/21/2023 Seizure Hearing
161632 Kris Chudomelka 53.55 07/21/2023 Museum Consignment Sales
161633 Lad Irrigation Company Inc 3,045.86 07/21/2023 Pump Work
161634 Lee Ann St Clair 88.90 07/21/2023 Museum Consignment Sales
161635 Loveta Boyce 16.80 07/21/2023 Museum Consignment Sales
161636 Maria Morales 51.10 07/21/2023 Museum Consignment Sales
161637 Marsha Baerlocher 28.00 07/21/2023 Museum Consignment Sales
161638 Martin Law LLP 53,238.00 07/21/2023 Wellfield Superfund Site
161639 Martin Schempp 68.60 07/21/2023 Museum Consignment Sales
161640 Matrix Sciences International Inc.242.00 07/21/2023 Sample Testing
161641 McKesson Medical‐Surgical 496.20 07/21/2023 Medical Supplies
161642 Meghanne Davis 21.70 07/21/2023 Museum Consignment Sales
161643 Michael Reed 19.60 07/21/2023 Museum Consignment Sales
161644 Moore Iacofano Goltsman, Inc 7,698.78 07/21/2023 Exhibit Re‐do
161645 Moses Lake Steel Supply 137.94 07/21/2023 Cap Screws
161646 Moses Lake Tennis Booster Club 1,044.00 07/21/2023 Beginning Tennis Camp 2023
161647 Northstar Chemical Inc 1,402.50 07/21/2023 Sodium Hypochlorite Well #28
161648 Oxarc Inc 492.54 07/21/2023 SNS ‐ CO2 Bulk
161649 Patricia A Mcafee 10.50 07/21/2023 Museum Consignment Sales
161650 Patrick Fleming 17.50 07/21/2023 Museum Consignment Sales
161651 Phyllis Pufahl 14.00 07/21/2023 Museum Consignment Sales
161652 Pro Rentals And Sales 218.80 07/21/2023 Generator
161653 Pud Of Grant County 19,827.74 07/21/2023 Lift Stations Elec. Services
161654 Racom Corporation 72.07 07/21/2023 UHF Connector/Labor Eq. #208
161655 Rdo Equipment Co.275.29 07/21/2023 Washer/Idler/Shield
161656 Rexel USA 119.20 07/21/2023 Welder Parts
161657 RH2 Engineering Inc.11,176.28 07/21/2023 Reservoir 10 Construction
161658 Sara Hofer 21.00 07/21/2023 Museum Consignment Sales
161659 Sea Western Inc 3,501.63 07/21/2023 Bunker Gear ‐ Deering
161660 Sharon R Morley 24.50 07/21/2023 Museum Consignment Sales
161661 Sherwin‐Williams 623.88 07/21/2023 Paint Supplies
161662 Skaug Brothers Glass 73.97 07/21/2023 SNS Supplies
161663 Spokane Television, Inc.2,443.75 07/21/2023 LTAC Expense
161664 Summit Law Group 2,800.00 07/21/2023 HR Pro Services
161665 Susan Beall 14.00 07/21/2023 Museum Consignment Sales
161666 Systems Design West, LLC 5,029.21 07/21/2023 EMS Billing‐ June
161667 The DOH Associates 6,643.75 07/21/2023 LRC Pro Services
161668 The Wide Format Company 322.07 07/21/2023 Photo Paper/Inkjet Bond
161669 Uniforms 2 Gear 4,198.50 07/21/2023 Uniforms
161670 Ups Freight 68.75 07/21/2023 Shipping & Services Fees
161671 Walter B. Klockers 885.50 07/21/2023 Museum Consignment Sales
161672 Waste Mgt Recycle America Inc 4,550.08 07/21/2023 Commingle Loads
161673 Weinstein Beverage Company 5,324.80 07/21/2023 Restroom Supplies
COML Council Packet 8-8-23, Page 26 of 116
161674 Wilbur Ellis Company 5,528.30 07/21/2023 Esplanade
161675 Lucky Shoe Coffee Company, LLC 85.00 07/27/2023 City Endorsement Refund
161676 Washington State Treasurer 971.71 07/27/2023 SBC Remittance‐Period Ending 6.30.23
161677 2M Company Inc 43.45 07/28/2023 Misc. Supplies
161678 A M Hardware Company Inc 60.41 07/28/2023 Keys
161679 Ag Supply Ace Hardware 244.67 07/28/2023 Cleaner
161680 Amazon Capital Services, Inc.4,581.19 07/28/2023 Amazon June 2023 Street
161681 Anatek Labs, Inc.5,075.00 07/28/2023 Sample Testing
161682 Aspect Consulting 21,483.00 07/28/2023 Water Right Technical Assistance
161683 Basin Septic Services Inc 220.00 07/28/2023 Sanitizer Stations @ Sleep Center
161684 Bound Tree Medical LLC 690.47 07/28/2023 Medical Supplies
161685 Bud Clary Ford LLC 39.80 07/28/2023 Belts
161686 Cascade Natural Gas Corp 7,183.01 07/28/2023 SNS Utilities
161687 Centurylink 253.45 07/28/2023 Water Shut Off Notifications
161688 Centurylink 3,942.63 07/28/2023 206‐Z14‐0057 522B 7.14.23
161689 Code Publishing Co.1,317.06 07/28/2023 Municipal Code Web Update
161690 Columbia Basin Herald 88.55 07/28/2023 Ordinance Advertisement
161691 Columbia Basin Ice, LLC 200.00 07/28/2023 Campground Ice
161692 Copiers Northwest Inc 301.07 07/28/2023 Equipment Contract Fees
161693 CSWW, Inc 938.86 07/28/2023 Hard Hat, Safety Glasses, Gloves.
161694 D & D Electric Motor Srvc Inc 4,597.54 07/28/2023 Rebuild Fire Pump
161695 Databar Inc 3,371.28 07/28/2023 Mail Utility Bills
161696 Dept Of Ecology 65.00 07/28/2023 2022 Hazardous Waste Generation Fee
161697 Faber Industrial Supply 320.05 07/28/2023 Battery/Spot Light
161698 Fastenal Company 15.10 07/28/2023 60" Metal Handle
161699 Fishingmagician.com 400.00 07/28/2023 LTAC Expense
161700 Flock Group, Inc 13,550.00 07/28/2023 Computer Software, Flock Safety Falcon
161701 Galls LLC 11.46 07/28/2023 Uniforms
161702 GeoEngineers, Inc.12,924.75 07/28/2023 Columbia Basin GWMA Water Level
161703 Grainger Parts Operations 131.21 07/28/2023 Dye Injector Kit
161704 GrayMar Environmental Services, Inc 3,460.56 07/28/2023 Drywell Remediation GC2023‐111
161705 H D Fowler Company 9,354.04 07/28/2023 Weed Barrier
161706 Hach Company 146.35 07/28/2023 Keypad
161707 Hajoca Corp 17.29 07/28/2023 Lower Peninsula ‐ Restroom Supplies
161708 IAFF Local 1258 4,930.00 07/28/2023 July IAFF Union Deductions
161709 Intl Inst Of Municipal Clerks 350.00 07/28/2023 IIMC Membership Renewal 2023
161710 Irrigators Inc 70.39 07/28/2023 Pipe Fittings
161711 Jerrys Auto Supply 1,302.82 07/28/2023 Gasket
161712 Jims Lock Service LLC 35.56 07/28/2023 Keys
161713 Kelley Connect 398.14 07/28/2023 Equipment Contract Fees
161714 Kent D. Bruce Co LLC 556.42 07/28/2023 Harness
161715 Lad Irrigation Company Inc 1,296.79 07/28/2023 Irrigation Supplies
161716 Lake Auto Parts 672.49 07/28/2023 Floor Dry
161717 Lowes 3,794.55 07/28/2023 Lowes Statement June 2023
161718 Mid‐American Research Chem 1,464.98 07/28/2023 Muni Sewer Deodorant Blocks
161719 Moon Security Services Inc 156.98 07/28/2023 Security Monitoring @ Annex
161720 Moses Lake Men's Softball 864.00 07/28/2023 Coed Umpire Fees
161721 Moses Lake Police Guild 2,795.00 07/28/2023 July Police Dues
161722 Moses Lake Steel Supply 97.34 07/28/2023 Rod
161723 Norco Enterprises Inc 18.31 07/28/2023 Gloves
161724 Northstar Chemical Inc 4,592.50 07/28/2023 Sodium Hypochlorite Well #8
161725 Onesource Wireless Solutions, LLC 351.40 07/28/2023 Radio Equipment
161726 Oreilly Auto Parts 54.82 07/28/2023 Fan Assembly
COML Council Packet 8-8-23, Page 27 of 116
161727 Out There Monthly LLC 1,300.00 07/28/2023 LTAC Expense
161728 Oxarc Inc 1,043.59 07/28/2023 SNS CO2 Bulk
161729 Pasco Tire Factory, INC 2,980.40 07/28/2023 Tire Disposal
161730 Protect Youth Sports 1,033.00 07/28/2023 Background Checks
161731 Quill Corporation 100.81 07/28/2023 Supplies/Coffee
161732 Rexel USA 179.21 07/28/2023 Wallplates
161733 Richland Research Corporation 1,158.60 07/28/2023 Free‐Flow Blocks
161734 SHI International, Inc 30.53 07/28/2023 Adobe Licenses‐ Fire/IT
161735 Shirtbuilders Inc 590.56 07/28/2023 Soccer Camp Shirts
161736 True North Env Equipment 211.04 07/28/2023 Nitrogen Tanks
161737 Uniforms 2 Gear 1,145.84 07/28/2023 Uniforms
161738 Ups Freight 30.00 07/28/2023 Weekly Service Fees
161739 Usa Blue Book 995.89 07/28/2023 Tubes/Connectors
161740 Verizon Wireless 11,804.72 07/28/2023 Cell Phone Services
161741 Vimly Benefit Solutions, Inc 2,422.35 07/28/2023 A. Williams COBRA‐ August 2023
161742 Wash Council Police & Sheriffs 537.50 07/28/2023 July WCPS Dues
161743 Washington State Patrol 34.25 07/28/2023 Background Checks
161744 Weaver Exterminating Srvc Inc 83.47 07/28/2023 Bi‐Monthly Rodent Control
161745 William Scotsman, Inc 1,857.73 07/28/2023 Mobile Office Rental @ Sleep Center
161746 WSCCCE, AFSCME, AFL‐CIO 2,327.23 07/28/2023 July AFSCME Union Dues
161747 Lakeside Disposal, Inc 566,342.08 07/28/2023 May Service Contract Payment 2023
161748 Janelle Sword 732.71 07/31/2023 LEOFF Pension July 2023
161749 Luther Stowers 644.61 07/31/2023 LEOFF Pension July 2023
945,454.12$
COML Council Packet 8-8-23, Page 28 of 116
Council Staff Report
Agenda Item Number:
Department
Proceeding Type
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
11883
Administration
Consent Agenda
To:
Mayor and City Council
From
Kevin Fuhr
For Agenda of:
8/8/2023
Subject
Ground Works Sleep Center Lease-2023-2025
Reviewed and Approved by:
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
121,000.00$121,000.00$0.00$
Approve the Commercial Lease Agreement with Ground Works Three, LLC to lease the Sleep Center property
through September 30, 2025.
2 parcels REVISED 08.01.23.pdf 102.1KB
On September 17, 2020 the City entered into a lease agreement with Ground Works Three, LLC to lease
property located at 1045 E. Broadway to provide Sleep Center services. The original lease commenced on
October 1st, 2020 and ended on September 30, 2021.
On August 31, 2021, the City requested and received a lease extension from Ground Works Three, LLC
extending the termination date to September 30, 2023.
I am asking that the City Council allow the Interim City Manager to execute a lease agreement to extend the
termination date to September 30, 2025. This lease extension includes a 10% increase, which is the first
increase over the previous three years.
The $60,500 cost will be paid out of the homeless program with no impact to general fund dollars.
Options and Results
COML Council Packet 8-8-23, Page 29 of 116
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Approve the extension to continue Sleep Center operations.
Staff will bring back options for recommended changes.
Terminate lease and discontinue Sleep Center operations.
COML Council Packet 8-8-23, Page 30 of 116
1
COMMERCIAL LEASE AGREEMENT
1. PARTIES: THIS LEASE is made and entered into this ____day of September,
2023, by and between: Ground Works Three, LLC, a Washington limited liability company,
hereinafter referred to as “LESSOR” and City of Moses Lake, a municipal corporation,
hereinafter referred to as “LESSEE.”
2. AGREEMENT: For and in consideration of the mutual covenants, agreements
and other considerations, herein contained, LESSOR does hereby lease, let and demise unto
LESSEE, who agrees to accept the Premises in this Lease and to faithfully perform the
covenants herein, the Premises described in paragraph 3.
3. LEGAL DESCRIPTION: The Premises are located at 1049 E. Broadway Ave.,
Moses Lake, Washington and more fully described as follows:
PARCELS A and C, PENHALLURICK & SONS, TRACT 1, COMMERCIAL
BINDING SITE PLAN, A RECORD OF SURVEY UNDER AUDITOR’S FILE NO.
1430428, BOOK 4, PAGES 13-15, RECORDS OF GRANT COUNTY,
WASHINGTON.
TAX PARCEL NOS. 11-0819-010 and 11-0819-012.
SUBJECT TO: Easements, reservations, restrictions, plat dedications, restrictive
covenants of record or in apparent use and future municipal district assessments, if any.
(hereinafter called the “Premises”).
4. TERM: The term of this lease shall be for two (2) years commencing on the 1st
day of October, 2023, (the “Commencement Date”) and ending on the 30th day of September,
2025, and LESSEE shall be entitled to possession of the Premises during this term, provided
that LESSEE continuously complies with the terms and conditions herein set forth.
5. RENT: LESSEE shall pay LESSOR as rent for the premises the sum of Sixty
Thousand Five Hundred and no/100 Dollars ($60,500.00) per year, payable in monthly
installments of Five Thousand Forty-One and 67/100 Dollars ($5,041.67) commencing on the 1st
day of October, 2023 and on or before the 1st day of each month during the term of the lease.
6. UTILITIES: LESSEE agrees to pay all utility charges to the Premises during the
full term of this Lease, and shall defend, indemnify and hold LESSOR harmless therefrom.
7. USE: LESSEE may use the Premises for any lawful purpose.
COML Council Packet 8-8-23, Page 31 of 116
2
8. TAXES: LESSEE shall pay all real estate and personal property tax and
assessments, if any, which may be taxed, charged, assessed, levied or imposed during the term
of this lease.
9. GOVERNMENTAL FEES: All fees, if any, attributable to the conduct of the
business by LESSEE, which are payable to any city, county, state or federal government, shall
be paid by LESSEE and LESSEE shall defend, indemnify and hold LESSOR harmless with
respect to said fees.
10. MAINTENANCE AND REPAIR: The Premises have been inspected and are
accepted by LESSEE in its present condition. LESSEE shall, at its own expense and at all
times, keep the Premises neat, clean and in a sanitary condition, and keep and use the
Premises in accordance with applicable laws, ordinances, rules, regulations, and requirements
of governmental authorities. LESSEE shall permit no waste, damage or injury to the Premises.
LESSEE shall return the Premises and make such repairs as necessary to maintain the
Premises, in as good condition as they now are, reasonable use and wear and damage by fire
and other casualty excepted.
11. INSPECTION/ACCESS. LESSOR shall have the right, at reasonable times, to
enter and inspect the Premises. During the term of this lease, LESSEE shall allow inspections,
site reviews and feasibility studies to be conducted on the leased premises by any potential future
tenant of the LESSOR, so long as such activities do not interfere with use of the premises by
LESSEE.
12. PROPERTY OF LESSEE: LESSEE shall be solely responsible for damage to its
goods, merchandise, equipment, vehicles and other personal property in the leased Premises.
13. INDEMNITY AND LIABILITY INSURANCE: LESSEE agrees to indemnify and
hold LESSOR harmless from and defend LESSOR against any and all claims, suits, demands
or judgments from any injury or damage to any person or property, including loss of use thereof,
whatsoever arising out of the use or occupancy of the Premises by LESSEE and occasioned by
the negligence of LESSEE, its agents, employees, or customers. LESSEE is self-insured
through a governmental risk pool and shall provide all protections to LESSOR as set forth
herein. LESSEE shall furnish LESSOR with evidence of coverage prepared by its risk pool
upon request of LESSOR.
COML Council Packet 8-8-23, Page 32 of 116
3
14. DAMAGE OR DESTRUCTION: In the event the Premises are rendered
untenable in whole or in part by fire, the elements, or other casualty, LESSOR may elect, at its
option, not to restore or rebuild the Premises and shall so notify LESSEE, in which event
LESSEE shall vacate the Premises and this Lease shall be terminated; or, in the alternative,
LESSOR shall notify LESSEE, within thirty (30) days after such casualty, that LESSOR will
undertake to rebuild or restore the Premises, and that such work can be completed within one
hundred eighty (180) days from the date of such notice of intent. If LESSOR is unable to
restore or rebuild the Premises within the said one hundred eighty (180) days, then the Lease
may be terminated at LESSEE’S option by written ten (10) day notice to LESSOR. Monthly
rental shall be abated during the period of repairs in the same proportion that the untenable
portion of the building bears to the whole thereof.
15. ALTERATION OF PREMISES: LESSOR shall demolish the present free-
standing building on the premises, install site obstructing fencing around the premises and clear
the premises of all vegetative growth at its sole cost and expense. LESSEE shall not make any
alterations, additions, or improvements in said Premises, without the prior written consent of
LESSOR. LESSOR shall not unreasonably withhold consent. All alterations, additions, and
improvements which shall be made, shall be at the sole cost and expense of LESSEE, and shall
become the property of LESSOR, with the exception of the personal property brought to the
premises to operate the project. If LESSEE shall perform work with the consent of LESSOR, as
aforesaid, LESSEE agrees to comply with all laws, ordinances, rules and regulations of the City
and/or County, or any other authorized public authority. The LESSEE further agrees to defend,
indemnify and save LESSOR harmless from damage, loss or expense arising out of the said
work.
16. ASSIGNMENT/SUBLEASING PROHIBITED: LESSEE shall not assign, sublet,
mortgage or part with possession of any portions or any part of the Leased Premises without the
prior written consent of LESSOR, which consent shall not be unreasonably withheld. Upon any
such approved assignment, subletting or transfer of possession of all or a part of the Premises,
LESSEE and every person claiming under this Lease shall be and remain liable for the
performance of all covenants and obligations hereunder. Said liability shall be joint and several
among all of said parties.
COML Council Packet 8-8-23, Page 33 of 116
4
17. LIENS AND ENCUMBRANCES: LESSEE shall keep the leased Premises free
and clear of any liens and encumbrances arising or growing out of the use and occupancy of the
Premises by LESSEE hereunder. At LESSOR'S request, LESSEE shall furnish LESSOR with
written proof of payment of any claim which would or might constitute the basis for a lien on the
Premises if not paid.
18. HAZARDOUS WASTE: LESSEE hereby agrees to comply with all federal, state
and local regulations regarding hazardous waste and toxic material disposal in connection with
LESSEE’S operations on the Premises, and agrees to hold LESSOR harmless from any and all
loss, damage or claims arising out of LESSEE’S violation of said regulations, including
attorney’s fees caused by LESSEE’S noncompliance. In the event LESSEE disposes of any
hazardous waste or toxic materials on the property or the Premises, in violation of any federal,
state or local regulations, it shall be LESSEE’S sole responsibility to pay to clean up and
remove the hazardous waste and/or toxic material caused by LESSEE.
19. NON-WAIVER OF BREACH: The failure of LESSOR to insist upon strict
performance of any of the covenants and agreements of this Lease or to exercise any option
herein conferred in any one or more instances shall not be construed to be a waiver or
relinquishment of any such option, or any other covenants or agreements, but the same shall be
and remain in full force and effect.
20. NOTICES: All notices hereunder may be delivered or mailed. If mailed, they
shall be sent by certified or registered mail to the following respective addresses:
To LESSOR: Ground Works Three, LLC
c/o Kevin Richards
1328 E. Hunter Pl.
Moses Lake, WA 98837
To LESSEE: City of Moses Lake
Attn: City Manager
P.O. Box 1579
Moses Lake, Washington
or to such other respective address as either party hereto may hereafter from time-to-time
designate in writing. Notices sent by mail shall be deemed to have been given when properly
mailed and the postmark affixed by the United States Post Office shall be conclusive evidence
of the date of mailing.
COML Council Packet 8-8-23, Page 34 of 116
5
21. PEACEFULLY HOLD: LESSOR hereby covenants that upon LESSEE paying
the rents hereby reserved and observing and performing the several covenants herein
contained, LESSEE shall peacefully hold and enjoy the leased Premises during the said term.
22. STATUS OF PARTIES: This agreement is a Lease which hereby creates a
landlord and tenant relationship and no other.
23. HEIRS BOUND TO TERMS: It is further agreed that all covenants, terms and
conditions of this Lease shall extend and apply to and firmly bind the heirs, executors,
administrators, assigns and successors in interest of the respective parties hereto as fully as the
respective parties themselves are bound.
24. ACTS OF DEFAULT AND REMEDIES: If any one of the following events shall
occur:
a. LESSEE shall fail to pay any installment of rental or any other sums
required to be paid by LESSEE to LESSOR when the same shall become due after
receiving a written five (5) day notice to pay or vacate; or
b. LESSEE shall default in the performance of any obligation required to be
performed by LESSEE (other than the payment of rental or other sums payable to
LESSOR) and such default shall continue for a period of thirty (30) days after written
notice from LESSOR specifying such default (unless within said thirty (30) day period
LESSEE shall commence steps for the curing of such default and shall thereafter use
reasonable diligence in the curing thereof); or
c. LESSEE shall be adjudicated a bankrupt or a petition by or against
LESSEE for reorganization or adjustment of its obligations under the bankruptcy act
shall be approved, or LESSEE shall make a general assignment of its property for the
benefit of creditors;
THEN LESSOR shall have any one or more of the following remedies at its
election:
(1) Without barring later election of any other remedy, LESSOR,
without taking possession of the demised Premises, may require strict
performance of all of the covenants and obligations hereof as the same shall
respectively accrue and shall have the right of action therefore;
COML Council Packet 8-8-23, Page 35 of 116
6
(2) Without barring later election of any other remedy, LESSOR may
take possession of the demised Premises through suit or otherwise, for the
purpose of reletting them for the account of the LESSEE, and in that event may
relet the Premises, or any part thereof, at such rental and upon such terms and
conditions as LESSOR may deem proper, for any term not exceeding the then
unexpired term of this Lease. In such event, the LESSEE shall be liable for any
and all expenses incurred by LESSOR in or about such reletting, including
agents' or brokers' commissions and attorney fees. LESSEE shall be entitled to
credit for the net amount of rental so received after deducting such expenses and
any other items properly chargeable against LESSEE under the terms thereof,
and shall pay LESSOR such sums as may be required from time to time to make
up the rental provided for in this Lease, and LESSEE shall likewise continue to
be liable for the performance and observance of all other covenants and
conditions hereof. LESSOR shall have, from time to time as the same accrue, or
at any longer intervals, or at or after the expiration of said term, right of action
against LESSEE for all same so accruing, and the statute of limitations shall not
commence to run against such right of action until the expiration of the term of
this Lease.
(3) LESSOR may take possession of the demised Premises, through
suit or otherwise, and may relet the same for the entire remaining term of this
Lease or for any longer term. In such event, at the option of the LESSOR, the
LESSEE shall be forthwith liable, and LESSOR shall have the right of action,
immediately or at any later time, for any difference between the aggregate of the
unpaid sums then accrued and thereafter to accrue under the terms hereof, and
the net amounts actually or presumptively to be realized (during the unexpired
term of this Lease) through such reletting, after deducting brokers' commissions,
attorney fees and any other expenses chargeable against LESSEE.
The right and remedies of LESSOR under this Lease shall be cumulative and in
addition to any other rights given to LESSOR by law, and the exercise of any right or
COML Council Packet 8-8-23, Page 36 of 116
7
remedy shall not impair LESSOR'S right to any other remedy; provided, however,
notwithstanding anything herein to the contrary.
25. ATTORNEY FEES: It is understood and agreed that in the event it is necessary
for either party to engage the services of an attorney to enforce any provision of this Lease, the
prevailing party in such action shall be entitled to reasonable attorney fees in any state or
federal court, including attorney fees and costs on appeal, in addition to the statutory attorney
fees, even though said suit results in the forfeiture of this Lease. The venue of any court
proceedings shall lie in Grant County, Washington.
In the event that LESSOR employs an attorney for the purpose of sending a
notice to LESSEE for the defaults or covenant violations of LESSEE, then LESSEE shall pay a
reasonable attorney fee for the preparation and costs of delivery of the said notice.
26. SURRENDER OF POSSESSION: LESSEE agrees to surrender possession of
said Premises at the expiration of this Lease without further notice to quit and in as good
condition and repair as the same are now in or may hereafter be placed, reasonable wear and
use and damage by the elements alone excepted.
27. CORPORATE AUTHORITY: Each individual executing this Lease on behalf of a
corporation represents and warrants that he/she is duly authorized to execute and deliver this
Lease on behalf of said corporation in accordance with a duly adopted resolution of the Board of
Directors of said corporation or in accordance with the bylaws of said corporation, and that this
Lease is binding upon said corporation in accordance with its terms.
28. RESTRICTIVE COVENANT: LESSEE agrees and covenants that upon
termination of this lease and for a period of five (5) years thereafter, it will not directly or
indirectly, own, manage, operate, or participate with or contract with another person or
entity to operate or own a homeless shelter within a two thousand foot (2000 ft.) radius
of the leased Premises. In the event of breach or violation of this covenant, LESSOR
may pursue a claim for damages and may invoke relief by injunction.
COML Council Packet 8-8-23, Page 37 of 116
8
IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and
year first above written.
LESSOR:
GROUND WORKS THREE, LLC
By
KEVIN RICHARDS, Manager
LESSEE:
CITY OF MOSES LAKE
By
KEVIN FUHR, Interim City Manager
STATE OF WASHINGTON )
: ss
County of Grant )
On this _____ day of September, 2023, personally appeared before me Kevin Richards,
to me known to be the Manager of Ground Works Three, LLC, a Washington limited liability
company, that executed the foregoing instrument, and acknowledged the said instrument to be the
free and voluntary act of said corporation, for the uses and purposes therein mentioned, and on
oath stated that he was authorized to execute the said instrument on behalf of said corporation.
GIVEN UNDER my hand and official seal the day and year in this certificate first above
written.
(Seal or Stamp)
Notary Public (Signature)
(Print Name)
My appointment expires:
///
///
///
///
///
COML Council Packet 8-8-23, Page 38 of 116
9
STATE OF WASHINGTON )
: ss
County of Grant )
On this _____ day of September, 2023, before me personally appeared Kevin Fuhr, to me
known to be the Interim City Manager of the City of Moses Lake, a municipal corporation that
executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act of said corporation, for the uses and purposes therein mentioned, and on oath stated
that he was authorized to execute the said instrument on behalf of said corporation.
GIVEN UNDER MY HAND AND OFFICIAL SEAL the day and year in this certificate first
above written.
(Seal or Stamp)
Notary Public (Signature)
(Print Name)
My commission expires:
COML Council Packet 8-8-23, Page 39 of 116
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 11870
Kirsten Peterson, Director Community Development
8/8/2023 Consent Agenda
PLN2022-0016 Maple Landing Division No. 1 Phase II Final Planned Development District Approval
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 Council Approval of the Maple Landing Division No. 1 Phase II Final Planned Development
District
Exhibit A - Maple Landing Div 1- Phase II - Subdivision Final Plat.pdf 1.06MB
Exhibit B - Maple Landing Div 1- Phase II - Multifamily lot with the
proposed open space.pdf 1.11MB
Exhibit C - Ordinance 3011 Maple Landing PDD.pdf 2.06MB
Exhibit D - HE Maple Landing Prelim Major Subdivision Decision.pdf 13.98MB
Exhibit E - Maple Landing HE Recommendation PDD.pdf 14.3MB
Exhibit F - Maple Landing Div 1- Phase II -HE Final.pdf 3.47MB
COML Council Packet 8-8-23, Page 40 of 116
Overview
Maple Landing LLC has submitted a request for the Final Planned Development District (PDD)
approval, associated with the Final Major Subdivision of Maple Landing Division 1 Phase II, a 6-lot
subdivision (Exhibit A - Maple Landing Div 1, Phase II Subdivision Final Plat).
This application for a PDD is processed jointly with the Major Subdivision, and “preliminary
map(s), if suitable, may be submitted as final map(s) with the final application if they are to be
unaltered or are able to be altered to satisfy the final planned development district map(s)
requirements.”
Pursuant to MLMC 18.67.030(G), Subdivision Approval:
"A planned development district for which subdivision or binding site plan approval is
required may be submitted as a Planned Development District Short Plat, a Planned Development
District Major Plat, or a Planned Development District Binding Site Plan. Such a planned
development district shall be submitted and processed in conformance with the appropriate
subdivision chapter of the Moses Lake Municipal Code and the requirements of this chapter.
Redundant procedures or technical requirements shall be incorporated into the requirements and
procedures of the appropriate subdivision chapter so as to not create unnecessary hardship or
delay. Procedurally the preliminary and final planned development district element of a Planned
Development District Short Plat, Major Plat, or Binding Site Plan must be approved prior to the
required subdivision approvals. Such approvals may be given concurrently by the appropriate
approving body."
The Final Major Subdivision of Maple Landing Division I Phase II is attached to this report as
Exhibit A.
Within the Final Maple Landing Division 1 Phase II subdivision is the components of the PDD,
pursuant to MLMC 18.67.120 Final Planned Development District Application and Map(s). The
submittal is in substantial compliance with the approved preliminary planned development district.
The PDD is an overlay of the subdivision, allowing for modification of bulk relations (allowing
smaller lots) and a multi-family complex. Exhibit B depicts the multifamily lot, along with the
proposed open space, and Exhibit A depicts the lot configuration which includes modified
dimensions.
Pursuant to 18.67.150 Final Approval, City Council approval of the PDD is a requirement, as
follows:
"No building permit shall be issued until final City Council approval of the planned
development district and/or until completion and/or fulfillment of the subdivision or binding site
plan requirements of the Moses Lake Municipal Code."
Background
On August 9, 2022, the City Council adopted Ordinance No. 3011 (Exhibit C), an Ordinance
creating a Planned Development (Maple Landing) District of Moses Lake pursuant to Moses Lake
Municipal Code 18.67.
The property is located within the northwest quadrant of the Maple Drive NE and Grape Drive NE
intersection in Moses Lake, WA. Parcel Number: 110002003.
The Comprehensive Plan Designation is High Density Residential.
The subject property is in the R3-Residentail Zoning District.
Phase II of the Maple Landing Division 1 subdivision, a 6-lot Final Major Subdivision (PLN2023-
0062) is the second of a multi-phased Subdivision (Reference PLN2022-0016 Preliminary
Subdivision, 98 single family units and 120-unit apartment units on approximately 23.2 acres)
which received preliminary plat approval on July 19, 2022, from the City of Moses Lake Hearing
Examiner (Exhibit D).
The Decision from the Hearing Examiner recommending approval of the associated PDD, also
dated 19, 2023, is attached as Exhibit E.
Hearing Examiner Final Plat approval and Final PDD recommendation was received on July 28,
2023 (see Exhibit F).
COML Council Packet 8-8-23, Page 41 of 116
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Not applicable.
Options and Results
The developer will have final approval of the PDD and will have authority to record the associated final
subdivision plat of Maple Landing Division I Phase II.
Staff will bring back options for recommended changes.
The Final Planned Development District will not be approved and the developer will be unable to record the
associated subdivision plat.
COML Council Packet 8-8-23, Page 42 of 116
N0°40'16"W
30.00'N0°40'16"W122.93'54.55'130.01'58.01'S0°40'16"E122.92'Δ=51°59'41"
R=9.00'
L=8.17'
50.00'130.01'50.00'
50.00'130.01'50.00'
50.00'130.01'50.00'131.10'92.22'
109.07'N0°17'46"W1237.84'N89°38'28"E 347.23' (350')S6°42'43"W (N7°48'E)347.63' (343')TPN 170478004
OWNER: PEREZ JR, CLIOFAS R &
ELVIRA C
TPN 170478066
OWNER: JESSE & YVONNE
SANCHEZ
TPN 170478002
OWNER: BRIAN M MELBYE
TPN 170478016
OWNER: JUAN J CHAVEZ
TPN 170478021
OWNER: MARCELLA RICHARD
TPN 170478015
OWNER: CHURCH OF GOD
OF PROPHECY
TPN 110475037
OWNER: PIA LLC
TPN 170478005
OWNER: MAPLE LANDING
N0°20'53"W435.63'N0°20'53"W410.00' (410')S89°38'28"W 555.00' (555')
S89°38'28"W 504.65' (510')S89°38'28"W 515.00' (515')
N89°38'28"E 555.00' (555')
N89°20'26"E
538.62'
S1°02'18"E
4.83'60' R-O-WN0°17'46"W
100.00' (100')
50.00'
70.00'
90.00'
50.00'N0°20'53"W40.00' (40')N0°20'53"W445.00'N89°20'26"E
100.00'Δ=19°00'11"
R=250.00'
L=82.92'
L=8 2.92'R =25 0 .0 0 'Δ=19 °0 0 '11"
N89°20'26"E
523.72'
LOT : 14 LOT : 13 LOT : 12 LOT : 11 LOT : 10 LOT : 9 LOT : 8 LOT : 7 LOT : 6 LOT : 5
LOT : 4 LOT : 3 LOT : 2 LOT : 1
13085
S.F.
LOT : 2
6501
S.F.
LOT : 3
6501
S.F.
LOT : 4
6501
S.F.
LOT : 5
7534
S.F.
LOT : 6
LOT : 5
LOT : 1LOT : 2LOT : 3
LOT : 4
LOT : 7
LOT : 19
LOT : 17
LOT : 9
LOT : 18
LOT : 10
LOT : 11
LOT : 12
LOT : 13
LOT : 14
LOT : 6
LOT : 15
LOT : 8
LOT : 16
LOT : 20 LOT : 21
258742
S.F.
LOT : 1
N89°19'44"E 504.60'S0°20'53"E410.00'30.00'N0°20'53"W305.78'S89°19'44"W 222.55'N6°42'43"E767.52'N89°19'44"E 300.24'
Δ=51°50'44"
R=9.00'
L=8.14'
59.90'S89°19'44"W 508.81'S0°20'53"E100.01'30.00'
LOT : 1 LOT : 2 LOT : 3 LOT : 4
LOT : 1
LOT : 2
LOT : 3
LOT : 4
LOT : 5
LOT : 6
LOT : 7
LOT : 8
LOT : 9
LOT : 10
LOT : 11
LOT : 1
LOT : 2
LOT : 3
LOT : 4
LOT : 5
LOT : 6
LOT : 7
LOT : 8
LOT : 9
LOT : 1 LOT : 2 LOT : 3 LOT : 4 LOT : 5 LOT : 6
LOT : 7
LOT : 8
LOT : 9
LOT : 10
LOT : 11
LOT : 12
LOT : 13LOT : 14
LOT : 15LOT : 16
LOT : 17
LOT : 19
LOT : 18
LOT : 8
LOT : 7
LOT : 6
LOT : 5
LOT : 4
LOT : 3
LOT : 2
LOT : 1
LOT : 22
LOT : 1
LOT : 2
LOT : 3
LOT : 4
LOT : 5
LOT : 6
N89°19'44"E 730.81'
76781
S.F.
TRACT A
302.93'44.30'
N0°40'16"W
27.96'
Δ=23°09'24"
R=117.51'
L=47.49'
Δ=1°08'29"
R=1347.48'
L=26.85'
N20°10'01"W
60.01'N5°22'43"E219.33'N0°00'00"E
68.01'
N90°00'00"E
98.47'N2°28'06"E419.57'N60°38'31"E
39.34'N3°53'40"E359.04'N89°38'28"E 1324.12'
SITE
MOSES LAKECITY OF MOSES LAKE
VICINITY MAP N.T.S.
MAPLE DRIVE NE GRAPE DRIVE NEMAPLE LANDING LLC
2909 S QUILLAN ST STE 146, KENNEWICK, WA 99337
C:\Users\neilm\appdata\local\temp\AcPublish_11952\20210387.0000-FP-P2.dwg Jul 26, 2023 - 10:48amSCALE:
DATE:
DRAWN BY:
JOB NO:
FILE NO:
LAYOUT:
TOLL FREE (800) 732-7442
SHEET OF
http://www.erlandsen.com
21
20210387.0000
20210387.0000-PD-ML.dwg
PD
1"= 60'
1/26/2023
NMM
22964REGISTER E DSTATEOFWASHI
N
GTONPROFE
S
SIONAL LAND S U R VEYORWesle y A . Potri
d
ge℄ OF MAPLE DRIVE NE PER MAPLE GROVE PHASE 1 AFN 1473056
PREVIOUS MONUMENT INFO
3 1/2" USBR BRASS CAP
ON IRON PIPE
NAVD 88 EL: 1144.23'
USBR EL: 1142.86'USBR EASEMENTPHASE 1
AFN 1483743
℄ OF GRAPE DRIVE NE
FUTURE PHASE 4
FOUND 1/2" REBAR & CAP
LS 8588
NAVD 88 EL: 1147.80'
FOUND 1/2" IRON PIPE
0.7' DEEP
NAVD 88 EL: 1110.21'
FUTURE PHASE 3
FUTURE PHASE 5
ERLANDSEN
250 SIMON ST. SE
EAST WENATCHEE, WA 98802
PH: 509.884.2562
SECTION LINE 9 & 10
CITY
COUNTY
CITY
COUNTY
COUNTY
CITY
COUNTY
CITY
COUNTY
CITY
COUNTY
CITY
COUNTY
CITY
COUNTY
CITY
CITYCOUNTYCITYCOUNTYCITYCOUNTYCITYCOUNTY40' ACCESS EASEMENT
FUTURE HEMLOCK ROADFOUND 1/2" IRON PIPE IN
MONUMENT CASE
NAVD 88 EL: 1101.01'
ALL CORNERS FOUND
FOR PHASE 1
AFN 1483743
PHASE 2
BLOCK 1
BLOCK 2BLOCK 3
BLOCK 1
BLOCK 1
BLOCK 2
BLOCK 2
USBR MON
REMOVED BY
CONSTRUCTION
SET REBAR W/ CAP
EL=1135.05'
EL=1108.01'
EL=1108.72'
EL=1109.49'EL=1110.38'
EL=1103.84'EL=1147.91'
COML Council Packet 8-8-23, Page 43 of 116
C:\Users\neilm\appdata\local\temp\AcPublish_11952\20210387.0000-FP-P2.dwg Jul 26, 2023 - 10:48amSCALE:
DATE:
DRAWN BY:
JOB NO:
FILE NO:
LAYOUT:
TOLL FREE (800) 732-7442
SHEET OF 22
20210387.0000
20210387.0000-PD-ML.dwg
PD
5/24/2023
NMM
22964REGISTER E DSTATEOFWASHI
N
GTONPROFE
S
SIONAL LAND S U R VEYORWesle y A . Potri
d
gehttp://www.erlandsen.com
ERLANDSEN
250 SIMON ST. SE
EAST WENATCHEE, WA 98802
PH: 509.884.2562
COML Council Packet 8-8-23, Page 44 of 116
127SSSSSSSSSSSSSS-1.35%OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHP0+00 1+00
2+00
3+00
4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 13+00
PC: 0+69.80
PC: 1+23.46PT: 1+10.22
PT: 4+10.96
1105
1105
1104
1104
1106
1106
1
1
0
7
1108
1109-2.04%-
3
.
6
9%
-3.70%-3.87%-2.55%-2.04%-1.05%-1.29%1105
1105
111
0
11
1
0
1
1
1
011151120
1120
1120
1125
1130
1135
1140
1145
1105
1105
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1115
1120
1125
1130
1135
1140
1145
1105
1110
1103
1104
1106
1107
1108
1109
11051105
1105
1105
1110
1110
1115
1115
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1115
1120
1120
1125
1130
1135
1140
1145
1105
11101104
1104
11061107
1
1
0
8
1
1
0
9
1109
1105 11051105
1105
1105
110511105432145321212019181716151413121110987612345678SS11101115
1120
1105
1110
1115
1120
1125
1130
1135
1140
FG 1131.41
FG 1131.73
FG 1131.18
FG 1131.11
FG 1130.78
FG 1130.30
FG 1130.63
FG 1130.46 FG 1131.66
FG 1130.29
FG 1131.42FG 1130.29FG 1131.42
FG 1126.62
FG 1125.38
FG 1131.22
FG 1131.14
FG 1130.66
FG 1130.80
FG 1131.05
FG 1131.26
-
1
.60%-1.52%-1
.5
0%-1.44%-0.71%
-0.66%
-0.86%-0.71%
-0.
9
2
%-1.48%-1
.48%-1.63%-0.98%-1.90%-0
.
98%-1.70%-3.79%1011121314151617181920211105
11051105
1110
1110
11101110 1112111311
0
5
1110
1103
1104
110
6
110
7
110
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1109
1105
1104
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1109 NO:DESCRIPTION:DATE:NeilM, 7/06/23 4:49pmM:\1jobs2021\20210387.0000\Dwg\Final\20210387.0000-E3.dwg, Layout: APT-PARKKnow what'sbelow.before you dig.CallRSCALE:DATE:DRAWN BY:JOB NO:FILE NO:LAYOUT:TOLL FREE (800) 732-7442SHEEThttp://www.erlandsen.comERLANDSEN250 SIMON ST. SEEAST WENATCHEE, WA 98802PH: 509.884.2562SHEET OF 151 CITY REVIEW COMMENTS06/30/2023NM7/6/2023AS NOTEDAPT-PARK20210387.0000-E3.DWG20210387.00006C-310MAPLE DRIVE NEFF = 1132.20'
FF = 1132.30'
FF = 1132.05'FF = 1132.30'
0
SCALE IN FEET
50 100
NOTE: SCALE BAR IS ESTABLISHED FOR
FULL SIZE WITH SCALE BAR EQUAL TO 2"
HP LP HP
LP
1133.96'
1129.29'4.67'1136.29'
1131.62'4.67'1135.76'
1131.09'4.67'
1135.90'
1131.23'4.67'
1136.14'
1131.47'4.67'
1140.49'
1131.33'9.16'
1144.33'
1131.17'13.16'
1139.99'
1131.21'8.78'
1135.72'
1131.72'4.00'
RETAINING WALL LABEL LEGEND
TOP OF WALL
BOTTOM OF WALL WALL HEIGHT
OPEN SPACE FOR PUBLIC PARK AREA (SFR AREA)
76,770 SF (45,960 SF REQ)
(GREEN HATCH)
OPEN SPACE FOR PRIVATE
PARK AREA (MULTI-FAMILY AREA)
36,535 SF (33,550 SF REQ)
(BLUE HATCH)
COML Council Packet 8-8-23, Page 45 of 116
ORDINANCE 3011
AN ORDINANCE CREATING A PLANNED DEVELOPMENT
(MAPLE LANDING) DISTRICT OF MOSES LAKE PURSUANT
TO MOSES LAKE MUNICIPAL CODE 18.67
Recitals:
1. The purpose of the planned development district ordinance is to allow some flexibility in
the design of clustered residential, commercial, or industrial uses with sufficient and
appropriate collective open space or a mixture of such uses by permitting specific
modifications of the bulk and use regulations and performance standards of the
underlying zone(s) as applied to a particular parcel of land. A planned development
district is a floating district. Each approved planned development district is superimposed
on the underlying zone to the extent that the planned development district shall modify
and supersede the bulk and use regulations and performance standards of the underlying
zone.
2. A planned development district is a floating district. Each approved planned development
district is superimposed on the underlying zone to the extent that the planned
development district shall modify and supersede the bulk and use regulations and
performance standards of the underlying zone.
3. A planned development district encourages flexibility in design and development that
will result in a more efficient and desirable use of the land.
4. Whereas, a planned development district permits flexibility of design, placement of
buildings, use of required open spaces, circulation facilities, open spaces, off-street
parking areas, and otherwise to better utilize the potentials of the site characterized by
special features such as but not limited to geography, topography, or shape.
5. A planned development district provides for maximum efficiency in the layout of streets,
utilities, and other public improvements.
6. A planned development district produces an integrated or balanced development of
mutually supportive uses that might be otherwise inharmonious or incongruous.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. The following described property shall be permitted to develop as Maple Landing
Planned Development District, as described in Legal Description Exhibit A as
recorded with the Grant County Auditor and shall be named Maple Landing
Planned Development District (PLN2022-0016).
SWNW 10 19 28 THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M.,
GRANT COUNTY, WASHINGTON EXCEPT THAT PORTION DESCRIBED
AS: THE FOLLOWING DESCRIBED AS THAT PORTION OF THE
" !
COML Council Packet 8-8-23, Page 46 of 116
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
10, TOWNSHIP 19 NORTH, RANGE 28 E.WM.: BEGINNING AT THE
NORTHEAST CORNER OF SAID SUBDIVISION; THENCE WESTERLY
ALONG THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515
FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID
SUBDIVISION, A DISTANCE OF 445 FEET; THENCE EAST PARALLEL TO
THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515 FEET TO
THE EAST LINE OF SAID SUBDIVISION; THENCE NORTH ALONG SAID
EAST LINE, A DISTANCE OF 445 FEET TO THE POINT OF BEGINNING.
AND EXCEPT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE
28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION;
THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SUBDIVISION,
A DISTANCE OF 445 FEET; THENCE WESTERLY PARALLEL TO THE
NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515 FEET TO THE
TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY
PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER, A DISTANCE OF 510 FEET, MORE OR
LESS TO A POINT ON THE EAST LINE OF THE U.S.B.R. DRAIN, AS
SHOWN ON PAGE 222-116-31616-38 OF THE PLAT OF IRRIGATION
BLOCK 40, COLUMBIA BASIN PROJECT; THENCE NORTH 07°48' EAST
ALONG THE EAST LINE OF SAID DRAIN AND THE EXTENDED EAST
LINE OF SAID DRAIN, A DISTANCE OF 450 FEET, MORE OR LESS TO
THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER, THIS POINT BEING HEREBY DESIGNATED
POINT "A"; THENCE BEGINNING AGAIN AT THE TRUE POINT OF
BEGINNING; THENCE NORTHERLY PARALLEL TO THE EAST LINE OF
SAID SUBDIVISION, A DISTANCE OF 445 FEET TO THE NORTH LINE OF
SAID SUBDIVISION; THENCE WESTERLY ALONG SAID NORTH LINE, A
DISTANCE OF 450 FEET, MORE OR LESS TO SAID POINT "A". AND
EXCEPT: THAT PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE
28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION;
THENCE SOUTH ALONG THE WEST LINE OF SAID SUBDIVISION, A
DISTANCE OF 100 FEET; THENCE EASTERLY PARALLEL TO THE
NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 350 FEET, MORE
OR LESS TO A POINT ON THE EAST LINE OF THE U.S.B.R. DRAIN, AS
SHOWN ON PAGE 222-116-31616-38 OF THE PLAT OF IRRIGATION
BLOCK 40 COLUMBIA BASIN PROJECT; THENCE NORTH 07°48' EAST
ALONG THE EAST LINE OF SAID DRAIN AND THE EXTENDED EAST
LINE OF SAID DRAIN, A DISTANCE OF 107 FEET, MORE OR LESS TO
THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE WESTERLY ALONG THE NORTH
LINE OF SAID SUBDIVISION, A DISTANCE OF 360 FEET, MORE OR LESS
" !
COML Council Packet 8-8-23, Page 47 of 116
TO THE POINT OF BEGINNING. AND EXCEPT: THAT PORTION OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEAST CORNER THEREOF; THENCE NORTH, 240 FEET ALONG
THE EAST LINE OF SAID SUBDIVISION; THENCE WEST, 500 FEET TO
THE TRUE POINT OF BEGINNING; THENCE NORTH, 150 FEET; THENCE
WEST, 300 FEET; THENCE SOUTH, 150 FEET; THENCE WEST, 300 FEET
MORE OR LESS TO THE POINT OF BEGINNING. AND EXCEPT: THE
FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY,
WASHINGTON: BEGINNING AT THE NORTHEAST CORNER OF SAID
SUBDIVISION; THENCE SOUTH ALONG THE EAST LINE OF SAID
SUBDIVISION, A DISTANCE OF 485 FEET TO THE TRUE POINT OF
BEGINNING; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF
SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A
DISTANCE OF 555 FEET; THENCE SOUTHERLY PARALLEL TO THE
EAST LINE OF SAID SUBDIVISION, A DISTANCE OF 410 FEET; THENCE
EASTERLY PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A
DISTANCE OF 555 FEET TO THE EAST LINE OF SAID SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER; THENCE NORTHERLY
ALONG SAID EAST LINE, A DISTANCE OF 410 FEET TO THE TRUE
POINT OF BEGINNING.
And
TX# 12302 IN SWNW 10 19 28 TAX# 12302 THAT PORTION OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEAST CORNER THEREOF; THENCE NORTH, 240 FEET ALONG
THE EAST LINE OF SAID SUBDIVISION; THENCE WEST, 500 FEET TO
THE TRUE POINT OF BEGINNING; THENCE NORTH, 150 FEET; THENCE
WEST, 300 FEET; THENCE SOUTH, 150 FEET; THENCE EAST, 300 FEET
MORE OR LESS TO THE POINT OF BEGINNING.
Section 2. Maple Landing Planned Development District has 98 single family units and 120-
unit apartment units development on 23.2 acres.
Section 3. The Maple Landing Planned Development District is located within the R-2 and
R-3 Residential zone. The zone is modified as follows:
A. Minimum lot size (in square feet) - 5,000 sqft
B. Minimum lot size for a corner lot (in square feet) - 5,000 sqft
C. Minimum lot size for a two-family dwelling (in square feet) - 5,000
sqft
" !
COML Council Packet 8-8-23, Page 48 of 116
D. Additional lot area per dwelling unit in excess of 2 dwelling units (in
square feet) -zero
E. Minimum lot depth on an arterial - 100'
F. Front yard and exterior side yard setback - living space - 10'
G. Front yard and exterior side yard setback - Garage - 20'
H. Front yard and exterior side yard setback - porches, covered
entryways, and similar unenclosed building projections - 10'
I. Maximum lot coverage for multi-family structures - 75%
J. Maximum height of primary structure - 45'
K. Maximum height of detached accessory structure - 25'
L. Interior side yard setback (each side) – 5’
M. The development shall be constructed essentially as conditioned and
presented to the Hearing Examiner and City Council.
Section 4. Maple Landing LLC or their successor, in interest shall be bound to the uses and
modifications specified in this ordinance. Development rights are conferred upon
the applicant or applicant’s successor in interest upon the submission and
approval of a final planned development district application and map(s). Approval
for the applicant to proceed with construction shall be contingent upon receipt and
approval by the City Council of a final planned development district application
and map(s) as recommended by the Hearings Examiner in Exhibits B and C.
Section 5. Severability. If any section of this ordinance is found to be unconstitutional or
invalid as written or as applied to any particular person or circumstances, no other
section of the ordinance shall be deemed to be invalid, but rather, should be
deemed to have been enacted independently and without regard to the section
affected.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days after
its passage and publication of its summary as provided by law.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on August
9, 2022.
________________________________________
Dean Hankins, Mayor
" !
COML Council Packet 8-8-23, Page 49 of 116
ATTEST:
________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________
Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Eck Hankins
Vote: Aye Aye Aye Recused Aye Aye Aye
Date Published: August 15, 2022
Date Effective: August 20, 2022
" !
COML Council Packet 8-8-23, Page 50 of 116
Exhibit A
SWNW 10 19 28 THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY,
WASHINGTON EXCEPT THAT PORTION DESCRIBED AS: THE FOLLOWING
DESCRIBED AS THAT PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28
E.WM.: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION;
THENCE WESTERLY ALONG THE NORTH LINE OF SAID SUBDIVISION, A
DISTANCE OF 515 FEET; THENCE SOUTH PARALLEL TO THE EAST LINE OF
SAID SUBDIVISION, A DISTANCE OF 445 FEET; THENCE EAST PARALLEL TO
THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515 FEET TO THE
EAST LINE OF SAID SUBDIVISION; THENCE NORTH ALONG SAID EAST LINE, A
DISTANCE OF 445 FEET TO THE POINT OF BEGINNING. AND EXCEPT: THAT
PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 10, TOWNSHIP 19 NORTH, RANGE 28 E.W.M., GRANT COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST
CORNER OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG THE EAST LINE
OF SAID SUBDIVISION, A DISTANCE OF 445 FEET; THENCE WESTERLY
PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 515
FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY
PARALLEL TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER, A DISTANCE OF 510 FEET, MORE OR LESS TO A POINT
ON THE EAST LINE OF THE U.S.B.R. DRAIN, AS SHOWN ON PAGE 222-116-31616-
38 OF THE PLAT OF IRRIGATION BLOCK 40, COLUMBIA BASIN PROJECT;
THENCE NORTH 07°48' EAST ALONG THE EAST LINE OF SAID DRAIN AND THE
EXTENDED EAST LINE OF SAID DRAIN, A DISTANCE OF 450 FEET, MORE OR
LESS TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER, THIS POINT BEING HEREBY DESIGNATED POINT "A";
THENCE BEGINNING AGAIN AT THE TRUE POINT OF BEGINNING; THENCE
NORTHERLY PARALLEL TO THE EAST LINE OF SAID SUBDIVISION, A
DISTANCE OF 445 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE
WESTERLY ALONG SAID NORTH LINE, A DISTANCE OF 450 FEET, MORE OR
LESS TO SAID POINT "A". AND EXCEPT: THAT PORTION OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19
NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION;
THENCE SOUTH ALONG THE WEST LINE OF SAID SUBDIVISION, A DISTANCE
OF 100 FEET; THENCE EASTERLY PARALLEL TO THE NORTH LINE OF SAID
SUBDIVISION, A DISTANCE OF 350 FEET, MORE OR LESS TO A POINT ON THE
EAST LINE OF THE U.S.B.R. DRAIN, AS SHOWN ON PAGE 222-116-31616-38 OF
THE PLAT OF IRRIGATION BLOCK 40 COLUMBIA BASIN PROJECT; THENCE
NORTH 07°48' EAST ALONG THE EAST LINE OF SAID DRAIN AND THE
EXTENDED EAST LINE OF SAID DRAIN, A DISTANCE OF 107 FEET, MORE OR
LESS TO THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE WESTERLY ALONG THE NORTH LINE OF
" !
COML Council Packet 8-8-23, Page 51 of 116
SAID SUBDIVISION, A DISTANCE OF 360 FEET, MORE OR LESS TO THE POINT
OF BEGINNING. AND EXCEPT: THAT PORTION OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE
28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER THEREOF; THENCE NORTH, 240
FEET ALONG THE EAST LINE OF SAID SUBDIVISION; THENCE WEST, 500 FEET
TO THE TRUE POINT OF BEGINNING; THENCE NORTH, 150 FEET; THENCE
WEST, 300 FEET; THENCE SOUTH, 150 FEET; THENCE WEST, 300 FEET MORE
OR LESS TO THE POINT OF BEGINNING. AND EXCEPT: THE FOLLOWING
DESCRIBED REAL ESTATE SITUATED IN THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19 NORTH, RANGE 28
E.W.M., GRANT COUNTY, WASHINGTON: BEGINNING AT THE NORTHEAST
CORNER OF SAID SUBDIVISION; THENCE SOUTH ALONG THE EAST LINE OF
SAID SUBDIVISION, A DISTANCE OF 485 FEET TO THE TRUE POINT OF
BEGINNING; THENCE WESTERLY PARALLEL TO THE NORTH LINE OF SAID
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 555
FEET; THENCE SOUTHERLY PARALLEL TO THE EAST LINE OF SAID
SUBDIVISION, A DISTANCE OF 410 FEET; THENCE EASTERLY PARALLEL TO
THE NORTH LINE OF SAID SUBDIVISION, A DISTANCE OF 555 FEET TO THE
EAST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER;
THENCE NORTHERLY ALONG SAID EAST LINE, A DISTANCE OF 410 FEET TO
THE TRUE POINT OF BEGINNING.
And
TX# 12302 IN SWNW 10 19 28 TAX# 12302 THAT PORTION OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 19
NORTH, RANGE 28 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER THEREOF; THENCE
NORTH, 240 FEET ALONG THE EAST LINE OF SAID SUBDIVISION; THENCE
WEST, 500 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH, 150
FEET; THENCE WEST, 300 FEET; THENCE SOUTH, 150 FEET; THENCE EAST, 300
FEET MORE OR LESS TO THE POINT OF BEGINNING
" !
COML Council Packet 8-8-23, Page 52 of 116
Signature Certificate
Reference number:XTJND-AESN4-RVKSJ-PFBRR
Document completed by all parties on:
11 Aug 2022 21:55:50 UTC
Page1of1
Signer Timestamp Signature
Katherine Kenison
Email:kkenison@basinlaw.com
Recipient Verification:
Sent:10 Aug 2022 23:09:18 UTC
Viewed:11 Aug 2022 19:42:51 UTC
Signed:11 Aug 2022 19:43:06 UTC
✔Email verified 11 Aug 2022 19:42:51 UTC
IP address: 173.209.171.7
Location: Moses Lake, United States
Mayor Dean Hankins
Email:dhankins@cityofml.com
Recipient Verification:
Sent:10 Aug 2022 23:09:18 UTC
Viewed:11 Aug 2022 21:31:08 UTC
Signed:11 Aug 2022 21:31:42 UTC
✔Email verified 11 Aug 2022 21:31:08 UTC
IP address: 136.143.151.109
Location: Moses Lake, United States
Debbie Burke
Email:dburke@cityofml.com
Recipient Verification:
Sent:10 Aug 2022 23:09:18 UTC
Viewed:11 Aug 2022 21:54:22 UTC
Signed:11 Aug 2022 21:55:50 UTC
✔Email verified 11 Aug 2022 21:54:22 UTC
IP address: 63.135.54.162
Location: Moses Lake, United States
Signed with PandaDoc
PandaDoc is a document workflow and certified eSignature
solution trusted by 30,000+ companies worldwide.
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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 11874
Madeline Prentice Finance
8/8/2023 New Business
Revision of ARPA spending plan
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
3,081,800.00$3,081,800.00$0.00$
Approve revision to 2023 ARPA spending plan.
16 - ARPA 2023 update.pdf 102.52KB
In the 2023 budget, Council approved ARPA spending for the following capital projects related to health.
Water extension to Cascade Valley $1,000,000*
Sewer extension to Cascade Valley $1,000,000
Downtown Stormwater $ 500,000
Gravel Streets $ 500,000
Convert City Parks to lake water $ 200,000
Total $3,200,000
In light of the water situation that the City currently finds itself in, staff is recommending a revision of the
budgeted ARPA funds that were previously approved for these projects related to health as shown below.
Rather than identify a specific well or water related project for these funds, staff is suggesting a generic project
to be called water remediation/mitigation projects to allow flexibility in the use of the funds as we identify
solutions to the current water issues that the City is facing.
Water remediation/mitigation projects $3,081,800
* The Water extension to Cascade Valley project has already spent or is currently under contract to spend
approximately $118,200 on design work, leaving $881,800 of the initial $1,000,000 that was budgeted.
COML Council Packet 8-8-23, Page 97 of 116
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
The City received American Rescue Plan Act - State & Local Fiscal Recovery Funds (ARPA-SLFRF) from the
federal government in response to the COVID-19 pandemic in 2021 and 2022. The City must spend the funds
received on eligible expenditures which include making community-wide improvements in water and sewer
infrastructure. As a condition of receiving the funds, the City is obligated to commit the funds to specific eligible
uses by December 31, 2024, and spend the funds by December 31, 2026. Revising the 2023 ARPA approved
spending plan will allow the City to move forward in finding and paying for solutions to the water issues we are
currently facing without requiring additional budget amendments while remaining in compliance with the SLFRF
grant requirements.
Options and Results
Approve the revision of the 2023 ARPA spending plan as identified.
Staff will bring back options for recommended changes.
The original 2023 budgeted ARPA spending plan would not change.
COML Council Packet 8-8-23, Page 98 of 116
Proposed ARPA Funding2022 revised spending after citizen survey2023 initial spending proposal2022 Actual ARPA spending2023 Actual ARPA spending2023 Approved Budget07/2023 Recommended changes Admin (3‐year contract employee to support)126,000 126,000 Reimburse losses ‐ 2020 LTAC190,000 190,000 COVID responseAmbulance replacement280,000 280,000 Four firefighter/EMT/Paramedic300,000 500,000 117,705 147,771 534,524 534,524 Police MHP ‐ outreach25,000 25,000 25,000 77,000 77,000 Capital Projects related to healthWater extension to Cascade Valley100,000 1,000,000 1,000,000 118,200 Sewer extension to Cascade Valley100,000 1,000,000 1,000,000 Downtown Stormwater500,000 500,000 Gravel Streets500,000 500,000 Convert City Parks to lake water200,000 Water remediation/mitigation projects3,081,800 Resident Support (utility relief carryover)51,558 51,558 Business SupportFood Truck Plaza300,000 69,783 430,217 430,217 Business/Arts Support100,000 100,000 100,000 Chronic Homeless SupportSleep Center relocation ‐ homeless services identified needs500,000 1,000,000 62,000 1,438,000 1,438,000 Subtotals2,072,558 4,651,000 516,046 427,771 5,779,741 5,779,741 TOTAL6,723,558 6,723,558 6,723,558 Actual funding received ‐ 20213,365,063 Actual funding received ‐ 20223,365,998 Total ARPA‐SLFRF funds received:6,731,061 Spent/transferred YTD:943,817 Remaining Balance5,787,244 COML Council Packet 8-8-23, Page 99 of 116
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
Mayor and City Council 11868
Kevin Fuhr, Interim City
Manager Administration
8/8/2023 New Business
Retitling the "Municipal Services Department" to "Public Works Department"
City Manager City Attorney
Community Development Finance
Fire Human Resources
Municipal Services Parks, Rec, & Cultural Services
Police Technology Services
0.00$0.00$0.00$
Adopt the ordinance, approving and authorizing the retitling of the Municipal Services Department to the Public
Works Department.
Municipal Services Dept Re-Title Ordinance.docx 23.9KB
In 1986, the Moses Lake City Council adopted Ordinance No. 1225, which deleted Chapters 2.24 (Public Works
Department) and 2.28 (Community Development Department) of the Moses Lake Municipal Code (MLMC), and
created MLMC 2.26, establishing what is currently known as the Municipal Services Department.
As established in MLMC 2.26, the Municipal Services Department consists of two divisions: Public Works and
Engineering. These divisions are both responsible to the Municipal Services Director, and are empowered by
respective chapters of MLMC 2.26 with "all the powers and perform such other duties as provided by the law of
the state, the city code, ordinances, and resolutions, and the City Manager."
Throughout Washington State, it is common practice among municipalities to have the functions of streets,
storm, utilities, and fleet/facilities, as well as that of Engineering, under the auspices of one department,
however, the title of "Municipal Services" is and has become increasingly uncommon. Such departments are
predominantly titled "Public Works Department".
City staff believes this retitling is more reflective of industry standard, and will be beneficial in the City's efforts to
recruit a permanent director for the department.
COML Council Packet 8-8-23, Page 100 of 116
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
There is no fiscal impact to the City for the retitling. There will be a cost associated with reviewing and updating
the Moses Lake Municipal Code to replace references to "Municipal Services" or "Municipal Services Director"
with "Public Works (Director)".
Options and Results
Implement these changes upon the effective dates of the ordinance.
Staff will bring back options for recommended changes.
The name of the department will remain unchanged.
COML Council Packet 8-8-23, Page 101 of 116
ORDINANCE NO. 3031
AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE
SECTION 1.04.010 TITLED "DEFINITIONS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. Section 1.04.010 of the Moses Lake Municipal Code titled "Definitions" is hereby
amended as follows:
1.04.010 Definitions:
The following words and phrases, whenever used in this code, shall be construed as defined in this
section unless from the context a different meaning is intended or unless a different meaning is
specifically defined and more particularly directed to the use of such words or phrases:
A. “City” and “town” each mean the City of Moses Lake, Washington or the area within the
territorial limits of the City of Moses Lake, and such territory outside the city over which the city
has jurisdiction or control by virtue of any constitutional or statutory provision.
B. “Council” means the City Council of the City of Moses Lake. "All its members" or "all
Councilmen" means the total number of Councilmen holding office.
C. “County” means the County of Grant.
D. “Law” denotes applicable federal law, the Constitution and statutes of the State of Washington,
the ordinances of the city, and, when appropriate, any and all rules and regulations which may be
promulgated thereunder.
E. “May” is permissive.
F. “Month” means a calendar month.
G. “Must” and “shall” are each mandatory.
H. “Oath” includes an affirmation or declaration in all cases in which, by law, an affirmation may
be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to
the words “affirm” and “affirmed.”
I. “Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common,
joint tenant, tenant by the entirety, of the whole or a part of such building or land.
COML Council Packet 8-8-23, Page 102 of 116
J. “Person” includes a natural person, joint venture, joint stock company, partnership, association,
club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant,
officer, or employee of any of them.
K. “Personal property” includes money, goods, chattels, things in action and evidences of debt.
L. “Preceding” and “following” mean next before and next after, respectively.
M. “Property” includes real and personal property.
N. “Public Works” and “Public Works Department” shall mean and include “Municipal Services”
and “Municipal Services Department”.
O N. “Real property” includes lands, tenements and hereditaments.
P O. “Sidewalk” means that portion of a street between the curbline and the adjacent property line
intended for the use of pedestrians.
Q P. “State” means the State of Washington.
R Q. “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs,
or other public ways in the city which have been or may hereafter be dedicated and open to public
use, or such other public property so designated in any law of the state.
S R. “Tenant” and “Occupant,” applied to a building or land, include any person who occupies the
whole or a part of such building or land, whether alone or with others.
T S. Title of Office. Use of the title of any officer, employee, department, board, or commission
means that officer, employee, department, board, or commission of the city.
U T. “Written” includes printed, typewritten, mimeographed, multigraphed, or otherwise
reproduced in permanent visible form.
V U. “Year” means a calendar year.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and
publication of its summary a as provided by law.
Adopted by the City Council and signed by its Mayor on August 8, 2023.
________________________________________ Don Myers, Mayor
COML Council Packet 8-8-23, Page 103 of 116
ATTEST:
________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________
Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Eck Skaug
Vote:
Date Published: August 14, 2023
Date Effective: August 19, 2023
COML Council Packet 8-8-23, Page 104 of 116
Council Staff Report
Agenda Item Number:
Department
Proceeding Type
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
11912
Administration
Consent Agenda
To:
Kevin Fuhr, Interim City Manager
From
Rich Huebner, Assistant City Manager
For Agenda of:
8/8/2023
Subject
Moses Lake Municipal Airport SCIP List
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$0.00$
Approve the Moses Lake Municipal Airport Commission's recommended project list for submission to the State
Capital Improvement Program (SCIP).
FINAL DRAFT 2025-2029 SCIP MLMA.pdf 117.5KB
In Spring 2023, the Moses Lake Municipal Airport Commission considered applying to a state grant program for
funding to complete fencing at the airport property. However, the project was not included on the State Capital
Improvement Program (SCIP) list of eligible projects, and was thus ineligible for funding.
At its August 3, 2023 meeting, the Airport Commission voted unanimously to submit the attached list of projects
for Council consideration for addition to the SCIP in the currently open update cycle. Council action is required
to ratify this list of projects. If approved, City staff will submit the updated list to the Washington State
Department of Transportation's (WSDOT) SCIP Project Manager.
There is no cost associated with the submission of projects.
Options and Results
City staff will submit the updated list to the Washington State Department of Transportation's (WSDOT) SCIP
Project Manager.
COML Council Packet 8-8-23, Page 105 of 116
Provide Amended Direction:
No Action Taken:
Staff will bring back options for recommended changes.
The City will not submit an updated project list.
COML Council Packet 8-8-23, Page 106 of 116
Moses Lake Municipal Airport
Proposed 2025-2029 SCIP Project List
Project SCIP Status NPIAS Status City Airport Year Project Name Project Description Project Justification Phase Name Total Estimated Cost
1 Existing Non-NPIAS Moses Lake Moses Lake Municipal 2025 Pavement Maintenance (Construction)
Provide crack sealing of runways and taxiways. Apply
slurry sealcoat. Requires new pavement markings.
Provide crack sealing of runways and taxiways. Apply
slurry sealcoat. Requires new pavement markings.Construction Phase 150,000$
2 Existing Non-NPIAS Moses Lake Moses Lake Municipal 2025
Increase aircraft parking areas (Design
Only)
Design Services for installation of 20 additional tie-
downs on the west side of airport.
There are not enough tie-down locations to
accommodate demand by transient pilots. This project Design Phase 10,000$
3 Existing Non-NPIAS Moses Lake Moses Lake Municipal 2026
Airport Road Improvements (Design
Only)
Planning and design services for rehabilitation of
Airport Road to include straightening road and
relocation of existing utilities to improve access to
Planning and design services for rehabilitation of Airport
Road to include straightening road and relocation of
existing utilities to improve access to airport.Design Phase 40,000$
4 Proposed Non-NPIAS Moses Lake Moses Lake Municipal 2025 Airport Fencing
Finish fencing along south, west, and east property
lines to provide additional airport security as well as
demarc airport boundaries.
Fencing around airport has not been completed causing
a security risk. Construction Phase 150,000$
5 Proposed Non-NPIAS Moses Lake Moses Lake Municipal 2025 Taxiway Improvement
Fill in cracks in taxiways and paint runway markings as
needed.
Taxiway crack sealing will prevent base deterioration
and runway markings will improve safety. Construction Phase 250,000$
6 Proposed Non-NPIAS Moses Lake Moses Lake Municipal 2025 Turf Runway Conversion
Install irrigation and seed to convert dirt parallel
runway to turn.
Adds optional soft surface landing zone for aircraft with
specialized tires providing for expansion of services to
other aircraft types. Construction Phase 135,000$
7 Proposed Non-NPIAS Moses Lake Moses Lake Municipal 2026 Replace Operations Building
Replace the current double wide mobile home
operations building with a permanent structure.
The current structure is deteriorating. After evaluation
it was determined that the building is not worth the
cost of repairs to salvage. Construction Phase 1,500,000$
8 Proposed Non-NPIAS Moses Lake Moses Lake Municipal 2028 Sunshade Parking
Proposed project to reduce area currently utilized for
transient parking while installing identified
improvements of turf and a sunshade.
The current transient parking area does not provide any
sort of protection for the aircraft from sun damage.
Updating our parking area to include turf and a
sunshade will ensure aircraft are protected during our
280+ days of sun a year.Construction Phase 1,250,000$
Reviewed/Adopted by Airport Comission 8.3.2023COML Council Packet 8-8-23, Page 107 of 116
Council Staff Report
Agenda Item Number:
Department
Proceeding Type
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
11911
Administration
Consent Agenda
To:
Kevin Fuhr, Interim City Manager
From
Rich Huebner, Assistant City Manager
For Agenda of:
8/8/2023
Subject
Common Interest/Joint Prosecution Agreement
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$0.00$
Authorize the Assistant City Manager to execute two proposed Common Interest/Joint Prosecution agreements
with Marten Law and AFFF MDL co-plaintiffs.
Marten Law COML Common Interest Agreement 1.docx 33.67KB
Marten Law COML Common Interest Agreement 2.docx 27.95KB
The City of Moses Lake is a party to the Aqueous Film-Forming Foams (AFFF) Multidistrict Litigation (MDL)
action against the producers of PFAS chemicals. Marten Law has been retained by the City as its counsel of
record for legal actions related to PFAS contamination.
Marten Law has proposed two common interest/joint prosecution agreements, which will allow for coordination
between Marten Law's other municipal and junior taxing district clients which are parties to the MDL, and
between those clients and their respective legal counsel. Execution of these agreements do not waive Moses
Lake's rights to attorney/client privilege. Marten Law has determined that coordination amongst its clients and
their legal counsel will benefit the City of Moses Lake's interests both substantively and economically.
There is no additional cost or fiscal impact to the City to execute the proposed agreements.
Options and Results
COML Council Packet 8-8-23, Page 108 of 116
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
The City will execute the agreements and empower Marten Law to coordinate amongst its clients which are
parties to the MDL.
Staff will bring back options for recommended changes.
The agreements will not be executed.
COML Council Packet 8-8-23, Page 109 of 116
JOINT PROSECUTION/COMMON INTEREST AGREEMENT
1. Parties. This Joint Prosecution Agreement (“Agreement”) is intended to facilitate the joint
prosecution of and/or sharing of information about litigation pending in the Aqueous Film-Forming Foam Multi-District Litigation 2:18-mn-2873 (“AFFF MDL”), related to the AFFF firefighting foam contamination resulting in damages and economic losses suffered by public water providers, including any individual case within the AFFF MDL. This Agreement is protected by the joint prosecution and common interest privileges, as well as
the attorney work product and client communication privileges. This Agreement is by and between certain water providers that have filed claims in the AFFF MDL and are represented by Marten Law LLP (“Marten Law”)—the City of Moses Lake, the City of Airway Heights, the City of DuPont, and Lakewood Water District, Washington (collectively, the “Clients” and each individually a “Client”)—and Marten Law
(collectively, the “Parties” and each individually a “Party”).
2. Purpose. The purpose of this Agreement is to promote and facilitate mutual assistance and coordination between the Parties in the investigation, discovery, prosecution, adjudication, resolution, and enforcement of their respective claims and rights arising out of AFFF contamination of their water supplies and facilities. Additionally, it is to attain the most
cost-effective legal services for the Clients. This is achieved by enabling certain
communications (i.e., non-client-specific case updates) to be sent to the Parties in one email or via one video conference, for example (without destroying privilege), and where Marten Law counsel attend joint status conferences or other globally relevant AFFF MDL events. In those circumstances, Marten Law counsel involved have—and will continue to—
equitably split their time spent between the Clients for billing purposes.
3. Sharing Information. The Parties have concluded that it is in each of their individual and mutual best interests to share certain information in writing and/or orally. These
communications may include but are not limited to written communications, the disclosure
of documents, factual and legal analyses, summaries, memoranda, opinions, legal strategies, interview reports and reports of experts, consultants or investigators, joint meetings between defense counsel, the parties, their representatives and employees, and meetings with prospective witnesses or consulting experts or litigation support service providers in
connection with the litigation in person, by telephone or in any other form, and records or reports of such communications, all of which are included within the term “Litigation Materials” used herein. However, nothing in this Agreement shall be construed to affect the separate and independent representation of each Client by Marten Law.
4. Privileged Communications. Some or all of the Litigation Materials may be protected from disclosure to adverse or other parties as a result of attorney-client privilege, work product doctrine, or other applicable privileges, protections, or immunities. It is the desire, intention, and mutual understanding of the Parties hereto that: (a) the sharing of Litigation Materials
among one another is not intended to, and shall not, waive or diminish in any way the confidentiality of such materials or their continued protection under the attorney-client
COML Council Packet 8-8-23, Page 110 of 116
privilege, the work product doctrine or other applicable privileges, protections or immunities; and (b) all Litigation Materials provided by a Party pursuant to this Agreement that are entitled to protection under the attorney-client privilege, the work product doctrine or other
applicable privileges, protections or immunities, shall remain entitled to such protection under the common interest doctrine, and may not be disclosed to persons other than those described herein without the consent of the providing party. The Parties also intend and understand that any disclosure of Litigation Materials pursuant to this Agreement will not constitute a waiver of any available privilege, protection or immunity.
5. Privilege Not Waived. The privileges and protections for the Litigation Materials to which this Agreement is applicable may not be waived by any Party to this Agreement without the prior written consent of the Party that provided the Litigation Materials. Any inadvertent or purposeful disclosure of Litigation Materials exchanged pursuant to this Agreement that is
made by a Party contrary to the terms of this Agreement shall not constitute a waiver of any privilege or protection. If any Party is required by court order or rule of law to produce or reveal any confidential information, documents or privileged materials which are part of the Parties’ efforts pursuant to this Agreement, reasonable notice shall be given to each Party who has executed this Agreement before responding to, or complying with, such requests so
that any Party may, at its own cost, have the opportunity to resist the production of such information by timely and appropriate process. In the event the Party from whom disclosure is sought has no objection to the disclosure, such Party shall nevertheless invoke this Agreement during the pendency of any action taken by the objecting Party and shall otherwise make reasonable efforts to prevent disclosure until the final resolution of the objection of the
objecting Party.
6. Protective Order Obligations. Nothing in this Agreement shall relieve the Parties from any obligation or obligations pursuant to the terms of any protective order or similar order entered by any court regarding the disclosure or dissemination of information.
7. Confidentiality. The Parties recognize and will adhere to their obligations to maintain confidentiality over documents, strategy, and other information, opinions, and/or attorney
and/or expert work product, and/or other confidential information or materials subject to the attorney-client privilege, the joint-prosecution privilege, and/or the common interest privilege.
8. Non-Interference. The Parties will take no action that would intentionally compromise or derogate the performance by any lawyer in these cases of his or her ethical, legal, and contractual duties.
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Dated: August __, 2023 By:
/s/_____________________________ Jeff B. Kray Marten Law, LLP 1191 2nd Ave, Ste 2200
Seattle, WA 98101
(206) 292-2608 -Telephone
jkray@martenlaw.com /s/_____________________________ Jessica K. Ferrell
Marten Law, LLP
1191 2nd Ave, Ste 2200 Seattle, WA 98101 (206) 292-2636 -Telephone jferrell@martenlaw.com
/s/_____________________________ Randy Black Lakewood Water District 11900 Gravelly Lake Drive SW
Lakewood, WA 98499
(253) 588-4423 - Telephone rblack@lakewoodwater.org /s/_____________________________
Albert Tripp
City of Airway Heights
P.O. Box 969 Airway Heights, WA 99004 (509) 244-5578 -Telephone atripp@cawh.org
/s/_____________________________ Gordon Karg City of DuPont 1700 Civic Drive DuPont, WA 98327 (253) 912-5214 -Telephone
gkarg@dupontwa.gov
/s/_____________________________ Rich Huebner
City of Moses Lake
401 S Balsam, P.O. Box 1579
Moses Lake, WA 98837 (509) 764-3724 - Telephone rhuebner@cityofml.com
COML Council Packet 8-8-23, Page 112 of 116
JOINT PROSECUTION/COMMON INTEREST AGREEMENT 1. Parties. This Joint Prosecution Agreement (“Agreement”) is intended to facilitate the joint prosecution of and/or sharing of information about litigation pending in the Aqueous Film-Forming Foam Multi-District Litigation 2:18-mn-2873 (“AFFF MDL”), related to the AFFF firefighting foam contamination resulting in damages and economic losses suffered by public water providers, including any individual case within the AFFF MDL. This Agreement is protected by the joint prosecution and common interest privileges, as well as the attorney work product and client communication privileges. This Agreement is by and between Marten Law LLP (“Marten Law”), The Hannon Law Firm, LLC (“Hannon”), Burns, Figa & Will, P.C. (“Burns”) (collectively, the “Firms”), and their clients listed below. Marten Law represents the following water providers in the AFFF MDL: City of Moses Lake, City of Airway Heights, City of DuPont, and Lakewood Water District, Washington; Hannon/Burns represent Security Water District and Pikes Peak Community Foundation (collectively, the “Clients” and each individually a “Client”), all with filed actions in AFFF MDL. The Clients and Firms are referred to herein collectively as the “Parties” and each individually a “Party.” 2. Purpose. The purpose of this Agreement is to promote and facilitate mutual assistance and coordination between the Parties in the investigation, discovery, prosecution, adjudication, resolution, and enforcement of their respective claims and rights arising out of AFFF contamination of their water supplies and facilities. 3. Sharing Information. The Parties have concluded that it is in each of their individual and mutual best interests to share certain information in writing and/or orally. These communications may include but are not limited to written communications, the disclosure of documents, factual and legal analyses, summaries, memoranda, opinions, legal strategies, interview reports and reports of experts, consultants or investigators, joint meetings between counsel, the parties, their representatives and employees, and meetings with prospective witnesses or consulting experts or litigation support service providers in connection with the litigation in person, by telephone, or in any other form, and records or reports of such communications, all of which are included within the term “Litigation Materials” used herein. However, nothing in this Agreement shall be construed to affect the separate and independent representation of each Client by its respective counsel. 4. Privileged Communications. Some or all the Litigation Materials may be protected from disclosure to adverse or other parties as a result of the attorney-client privilege, the work product doctrine, or other applicable privileges, protections or immunities. It is the desire, intention, and mutual understanding of the Parties hereto that: (a) sharing Litigation Materials among one another is not intended to, and shall not, waive or diminish in any way the confidentiality of such materials or their continued protection under the attorney-client privilege, the work product doctrine, or other applicable privileges, protections, or immunities; and (b) all Litigation Materials provided by a Party pursuant to this Agreement
COML Council Packet 8-8-23, Page 113 of 116
that are entitled to protection under the attorney-client privilege, the work product doctrine, or other applicable privileges, protections, or immunities, shall remain entitled to such protection under the common interest doctrine, and may not be disclosed to persons other than those described herein without the consent of the providing party. The Parties also intend and understand that any disclosure of Litigation Materials pursuant to this Agreement will not constitute a waiver of any available privilege, protection, or immunity. 5. Privilege Not Waived -The privileges and protections for the Litigation Materials to which this Agreement applies may not be waived by any Party to this Agreement without the prior written consent of the Party that provided the Litigation Materials. Any inadvertent or purposeful disclosure of Litigation Materials exchanged pursuant to this Agreement that is made by a Party contrary to the terms of this Agreement shall not constitute a waiver of any privilege or protection. If any Party is required by court order or rule of law to produce or reveal any confidential information, documents or privileged materials which are part of the Parties’ efforts pursuant to this Agreement, reasonable notice shall be given to each Party who has executed this Agreement before responding to, or complying with, such requests so that any Party may, at its own cost, have the opportunity to resist the production of such information by timely and appropriate process. In the event the Party from whom disclosure is sought has no objection to the disclosure, such Party shall nevertheless invoke this Agreement during the pendency of any action taken by the objecting Party and shall otherwise make reasonable efforts to prevent disclosure until the final resolution of the objection of the objecting Party.
6. Protective Order obligations - Nothing in this Agreement shall relieve the Parties or their counsel from any obligation or obligations pursuant to the terms of any protective order or similar order entered by any court regarding the disclosure or dissemination of information.
7. Confidentiality-The Parties recognize and will adhere to their obligations to maintain confidentiality over documents, strategy, and other information, opinions, and/or attorney and/or expert work product, and/or other confidential information or materials subject to the attorney-client privilege, the joint-prosecution privilege, and/or the common interest privilege. 8. The parties to this Agreement will take no action that would intentionally compromise or derogate the performance by any lawyer in these cases of his or her ethical, legal, and contractual duties.
COML Council Packet 8-8-23, Page 114 of 116
Dated: August __, 2023 By:
For Marten Law LLP: /s/_____________________________ Jeff B. Kray Marten Law LLP 1191 2nd Ave, Ste 2200 Seattle, WA 98101 (206) 292-2608 -Telephone (206) 237-6069 - Facsimile jkray@martenlaw.com /s/_____________________________ Jessica K. Ferrell Marten Law LLP 1191 2nd Ave, Ste 2200 Seattle, WA 98101 (206) 292-2636 -Telephone (206) 237-6069 - Facsimile jferrell@martenlaw.com For City of Moses Lake: /s/_____________________________ Rich Huebner City of Moses Lake 401 S Balsam, P.O. Box 1579 Moses Lake, WA 98837 (509) 764-3724 - Telephone rhuebner@cityofml.com For Lakewood Water District: /s/_____________________________ Randy Black Lakewood Water District 11900 Gravelly Lake Drive SW Lakewood, WA 98499 (253) 588-4423 - Telephone rblack@lakewoodwater.org
For City of DuPont: /s/_____________________________ Gordon Karg City of DuPont 1700 Civic Drive DuPont, WA 98327 (253) 912-5214 -Telephone gkarg@dupontwa.gov For City of Airway Heights: /s/_____________________________ Albert Tripp City of Airway Heights P.O. Box 969 Airway Heights, WA 99004 (509) 244-5578 -Telephone (509) 244-3413 - Facsimile atripp@cawh.org For Burns, Figa and Will, P.C. : /s/_____________________________ Scott Clark Burns, Figa and Will 6400 S. Fiddler's Green Circle Suite 1000 Greenwood Village, CO 80111 (303) 796-2626 - Telephone sclark@bfwlaw.com For the Hannon Law Firm LLC: /s/___________________________ Kevin S. Hannon THE HANNON LAW FIRM LLC 1641 Downing Street Denver, CO 80218 (303) 861-8800 - Telephone
Commented [1]: List Marten's clients?
COML Council Packet 8-8-23, Page 115 of 116
(303) 861-8855 - Facsimile khannon@hannonlaw.com For Security Water District: /s/___________________________ For Pikes Peak Community Foundation: /s/___________________________
Commented [JKF2]: Need signatory name/title/contact.
COML Council Packet 8-8-23, Page 116 of 116