FINAL 2022 0208 Council Agenda PacketMoses Lake City Council
Dean Hankins, Mayor | Don Myers, Deputy Mayor | Deanna Martinez, Council Member | Dustin Swartz, Council Member
Mark Fancher, Council Member | David Eck, Council Member| Judy Madewell, Council Member
REMOTE ACCESS OPTION and IN PERSON UPDATE
Citizens can join this meeting remotely by calling the numbers listed at the bottom of the agenda or via
internet at https://cityofml.zoom.us/j/81573286494. Persons requesting to address the Council from the
remote option will need to complete the online speaker request form before 3 p.m. on the day of the
meeting. Masks will be required for all in person attendees.
Tuesday, February 8, 2022
Moses Lake Civic Center – 401 S. Balsam or remote access
Regular Meeting Agenda
Call to Order – 7 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Ceremonial Oath of Office by Superior Court Judge Anna Gigliotti for Judy Madewell
Summary Reports:
Mayor’s Report
Additional Business
City Manager’s Report
-Fire Service Pins and Awards
-Port of Moses Lake Railroad Project Update
pg 4 - MLIRD Joint Water ILA Update
- Ad Hoc Homeless Committee Recommendation
- Sleep Center Security Contract Termination
Public Hearing
Due to the COVID-19 pandemic, please use the link above to complete a remote speaker request form or
provide written comments to cityclerk@cityofml.com no later than 3 p.m. on the day of the meeting.
Moses Lake Council packet 2-8-22, Page 1 of 252
February 8, 2022, City Council Meeting Page 2 _________________
#1
Motion
pg 6
Blanchet Rd. Right-of-Way Vacation Ordinance 3000
Presented by Lee Creiglow, Interim Community Development Director
Summary: Conduct Hearing, Review and Consider Adoption
Citizen’s Communications
Due to the COVID-19 pandemic, please use the link above to complete a remote speaker request form or
provide written comments to cityclerk@cityofml.com no later than 3 p.m. on the day of the meeting.
Consent Agenda Motion
All items listed below are considered to be routine and will be enacted by one motion. There
will be no separate discussion of these items unless a Council Member requests specific items to
be removed from the Consent Agenda for discussion prior to the time Council votes on the
motion to adopt the Consent Agenda.
#2 pg 62
a.City Council Meeting Minutes Dated January 25, 2022
b.Claims and Payroll
c.Herring Water Rights PSA Extension
d.Accept Village Park Easement Resolution 3880
e.Drone Policy Resolution 3881
f.Multi Agency Training US Forest Service ILA
g.Police Tactical Response Team ILA
h.Accept Intermountain Playground Project
i.Accept Building Demo Projects
j.Americold Industrial Wastewater Permit
Old Business
#3
Motion
pg 154
Railroad Right-of-Way Crab Creek Crossing ILA
Presented by Allison Williams, City Manager
Summary: Council to review and consider approval
New Business
#4
Motion
#5
Motion
pg 162
Award Well 34 Pump Test
Presented by Dave Bren, Municipal Services Director
Summary: Council to review and consider approval
pg 165
Award Miscellaneous Sewer Repairs
Presented by Dave Bren, Municipal Services Director
Summary: Council to review and consider approval
Moses Lake Council packet 2-8-22, Page 2 of 252
February 8, 2022, City Council Meeting Page 3 _________________
#6
Motion
#7
#8
Motion
#9
Motion
pg 169
Reject Reservoir 2 Painting
Presented by Dave Bren, Municipal Services Director
Summary: Council to review and consider rejection of bids
pg 172
Extra Territorial Agreement Policy Discussion
Presented by Dave Bren, Municipal Services Director
Summary: Council to review and discuss
pg 189
2022 Water System Plan Development
Presented by Dave Bren, Municipal Services Director
Summary: Council to review and consider approval
pg 192
2022 Wastewater System Plan Consultant Selection
Presented by Dave Bren, Municipal Services Director
Summary: Council to review and consider approval
#10 pg 219
Build on Unplatted Ashley-Ries Resolution 3882 Motion
Presented by Lee Creiglow, Interim Community Development Director
Summary: Council to review and consider adoption
Administrative Reports
pg 234 - Community Development Project List
pg 237 - Parks 2022 SEEK Grants from AWC, WRPA, and OSPI
pg 239 - Walkability/Movabiliy Action Institute (WA WAI) Program
Council Communications and Reports
Adjournment
Next Regular Council Meeting is scheduled for February 22, 2022
Zoom Meeting – Audio Only Please click the link below to join the webinar:
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Dial(for higher quality, dial a number based on your current location):US: +1 253 215 8782 or +1 346 248
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NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate
physical, hearing, or other impairments, please contact the City Clerk at (509) 764-3703 as soon as possible
so that arrangements may be made prior to the meeting time. Moses Lake Council packet 2-8-22, Page 3 of 252
Page 1 of 2
ADMINISTRATIVE REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: January 30, 2022
Proceeding Type: Administrative Report
Subject: Summer/Winter Irrigation Water Offset
Initial Interlocal Agreement to begin Planning and Cooperation
Overview
The City of Moses Lake uses domestic drinking
water to irrigate green spaces. The Summer use
of domestic drinking water is (4) times as high as
the Winter use and we are using most of our
available water rights during the Summer.
The City must find a way to use irrigation water
for irrigation, then the City will have plenty of
domestic drinking water rights for future growth.
Finding a irrigation water offset solution is critical
to the City’s future water.
Surrounded by Irrigation Water: The City has been using drinking water for irrigation when it is
literally surrounded by available irrigation water from the Lake (MLIRD) and irrigation canals
(Bureau of Reclamation). Most of the City is within the Moses Lake Irrigation and Reclamation
District (MLIRD) service area and the MLIRD is ready to provide the irrigation water. However, only
the City has the ability to make this happen, as it would require the creation of a City irrigation
utility to deliver the irrigation water.
City Irrigation Utility: The City of Moses Lake has not built out a
separate “purple pipe” irrigation utility system. It is time to start the
planning to make that happen. A City irrigation utility would have a
long term phased plan (40+years) to extend service to a large
portion of the City, starting with the big irrigation users:
Phase 1: Parks and Ball Fields
Phase 2: Potential Industrial/Commercial/Agricultural uses
Phase 3: New Development
Phase 4: High Density Old Developments
Moses Lake Council packet 2-8-22, Page 4 of 252
Page 2 of 2
The MLIRD irrigation water can be drawn from any point in the lake. There are already many short
extensions directly pumped from the lake to irrigation users all around the lake, including the City
Parks. Therefore, the lake provides an excellent distribution network, we just need to plan out
trunk mains coming from the lake to major portion of the City.
General Irrigation Utility comments include:
• City roadway projects could include purple pipe mains when they are
constructed, over time this would extend irrigation mains in the City
• Purple Pipes Drained during Winter
• Purple Pipes do not need to be installed as deep as drinking water mains
• Irrigation water will be cheaper than domestic drinking water for users
• A City Irrigation utility would help the MLIRD distribute the irrigation water it
has available to provide
• Decreases the use of City deep wells long term
• Greatly increases available potable drinking water for future industrial,
commercial, and residential growth
• Increases clean water coming down from Lake Roosevelt, which greatly
improves the water quality of Moses Lake
• Plan irrigation extensions over decades to spread out the cost of growing the
Irrigation Utility
• Start with providing irrigation to big users (Parks and Ball Fields) or users that
are very close to the Lake or existing irrigation lines to the Parks.
• Prepare and Irrigation Utility System Plan chapter that will be included in the
2022 Water System Plan Work.
Initial Interlocal Agreement (Planning and Cooperation)
City and MLIRD Staff are coordinating on an Initial Interlocal Agreement that provides for the early
Planning and Cooperation between the MLIRD and the City of Moses Lake. This is the first step in
working with the Irrigation District. This will allow the respective staff to start working together for
a common goal. The Initial Interlocal Agreement will be brought before City Council and MLIRD
Board before proceeding with the work.
A formal long-term Interlocal Agreement setting rate structures and responsibilities will be
prepared much later, when this early planning phase is complete.
Moses Lake Council packet 2-8-22, Page 5 of 252
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Lee Creiglow, Interim Community Development Director
Date: February 2, 2022
Proceeding Type: Public Hearing
Subject: Blanchet Avenue ROW Vacation Ordinance
Legislative History: Financial Impact:
• First Presentation: January 11, 2022 Budgeted Amount: N-A
• Second Presentation: February 8, 2022 Unbudgeted Amount:
• Action: Hearing and Motion Total Cost:
Overview
Rick Penhallurick has petitioned the City Council to vacate a Right-of-Way (ROW) adjacent to two
of his properties, parcel numbers 110621000 and 110625002. The property has been designated
as Blanchet Avenue and is located between Grape Dr. and Pine Dr. The street was originally
dedicated as Sixth Avenue in the Plat of Park Orchard Tracts in 1913.
RCW 35.79 authorizes City Council to vacate public right-of way by ordinance after a public hearing
on the petition. The RCW authorizes the City to be compensated the full appraised value of the
area vacated if the area has been public for more than 25 years. The ROW was originally dedicated
from the Park Orchard Tracts plat lands. Therefore, should the ROW be vacated, the entirety of the
ROW may be transferred to the original tract which is owned by Mr. Penhallurick.
The RCW requires that one-half of the revenue received by the City for the vacation be dedicated
to the acquisition, improvement, development, and related maintenance of public open space or
transportation capital projects within the city.
Council Packet Attachments
A. Ordinance
B. Petition with Map
C. Vicinity Map
D. Appraisal
Moses Lake Council packet 2-8-22, Page 6 of 252
Page 2 of 2
Finance Committee Review N/A
Legal Review N/A
Options
Option Results
• Adopt as presented The adjacent property would be allowed more
flexibility in design at the time of development.
• Provide staff with changes
• Take no action Right-of-way remains as is.
Action Requested
Staff recommends that Council conduct the hearing and then consider adopting the ordinance to
vacate the Blanchet Avenue right-of-way, accepting the appraised amount of $46,000 in
compensation, and dedicating one-half of the appraised amount for improvements to Harrison
Dano Park.
Moses Lake Council packet 2-8-22, Page 7 of 252
ORDINANCE 3000
AN ORDINANCE VACATING THE RIGHT-OF-WAY DEDICATED FOR THE DEVELOPMENT OF BLANCHET AVENUE BETWEEN GRAPE DRIVE AND PINE DRIVE.
WHEREAS, the City of Moses Lake has received a petition requesting the vacation of right of
way from property owners abutting the property described as Blanchet Avenue, located between Grape Drive and Pine Drive. WHEREAS, the City Council has adopted a resolution setting a public hearing to consider the
petition, fixing the date and time as February 8, 2022, at 7:00 pm, in the Council Chambers.
WHEREAS RCW 35.79.030 authorizes the city to vacate any street, or alley, or any part thereof, and that the city be compensated for full appraised value of public right-of-way that has been dedicated for more than twenty-five years.
WHEREAS the Blanchet Avenue right-of-way was dedicated to the public in 1913 via the Plat of Park Orchard Tracts. THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. The following described public right-of-way shall be vacated: That portion of the city street right of way for Blanchet Avenue, described as Sixth Avenue on
the plat of Park Orchard Tracts recorded December 4, 1914, page 36, Acreage Plat Book, lying
east of the easterly right of way boundary of the city street known as Grape Drive and west of westerly plat boundary of Knolls Vista - Thirteenth Addition recorded under Grant County Auditor's File Number 226547 on July 29, 1954; All of said city street right of way is located in the northeast quarter of the southwest quarter of Section 15, Township 19 North, Range 28 East,
W.M., City of Moses Lake, County of Grant, State of Washington as shown on the attached
Exhibit 'B' and is more generally described as follows: Beginning at the westerly most corner of Lot 6 of Knolls Vista - Sixteenth Addition recorded under Grant County Auditor's File Number 244613 on May 2, 1955; thence North 27°45'50"
West, coincident with the said easterly right of way boundary of Grape Drive, a distance of 60.00
feet to a point on the south boundary line of Tract 23 of said Park Orchard Tracts; thence North 62°14'26" East a distance of 628.89 feet to the westerly boundary line of said Knolls Vista - Thirteenth Addition and the southeast corner of Tract 23 of said Park Orchard Tracts; thence South 00°10'25" West, coincident with the said westerly boundary, a distance of 67.91 feet to a
plat corner of said Knolls Vista - Thirteenth Addition; thence South 62°14'26" West, coincident
with the plat boundary of said Knolls Vista - Thirteenth Addition and the prolongation of the northerly boundary of said Knolls Vista - Sixteenth Addition, a distance of 597.07 feet, to the POINT OF BEGINNING;
Moses Lake Council packet 2-8-22, Page 8 of 252
Containing 0.8443 Acres, more or less.
Section 2. The City shall be compensated for the full appraisal price of the vacated property. The
vacation shall not become effective until the required compensation is received by the City. Section 3. The City shall retain right to an easement in respect to the vacated land for the construction, repair, and maintenance of public utilities and services.
Section 4. Severability. If any section of the 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 5. Effective Dave. 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, Washington and signed by its Mayor
on February 8, 2022.
________________________________________
Dean Hankins, Mayor
ATTEST:
________________________________ Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Hankins
Vote:
Date Published: February 14, 2022 Date Effective: February 19, 2022
Moses Lake Council packet 2-8-22, Page 9 of 252
To whom it may concern:
We are petitioning for the vacation of the right of way as it pertains to CAD Homes Knolls Vista
Preliminary Plat. The right of way that we are requesting the vacation of is described by the attached
legal description and the map shown on "Exhibit B". As requested, the property owner's signature on
this petition is below.
8ii.l'(/ al 13 292i
BUlp0 €NG
Moses Lake Council packet 2-8-22, Page 10 of 252
CAD HOMES’ KNOLLS VISTA MAJOR PLAT
BLANCHET AVENUE
That portion of the city street right of way for Blanchet Avenue, described as Sixth Avenue on the plat of
Park Orchard Tracts recorded December 4, 1914, page 36, Acreage Plat Book, lying east of the easterly
right of way boundary of the city street known as Grape Drive and west of westerly plat boundary of
Knolls Vista - Thirteenth Addition recorded under Grant County Auditor's File Number 226547 on July 29,
1954; All of said city street right of way is located in the northeast quarter of the southwest quarter of
Section 15, Township 19 North, Range 28 East, W.M., City of Moses Lake, County of Grant, State of
Washington as shown on the attached Exhibit 'B' and is more generally described as follows:
Beginning at the westerly most corner of Lot 6 of Knolls Vista - Sixteenth Addition recorded under Grant
County Auditor's File Number 244613 on May 2, 1955; thence North 27°45'50" West, coincident with the
said easterly right of way boundary of Grape Drive, a distance of 60.00 feet to a point on the south
boundary line of Tract 23 of said Park Orchard Tracts; thence North 62°14'26" East a distance of 628.89
feet to the westerly boundary line of said Knolls Vista - Thirteenth Addition and the southeast corner of
Tract 23 of said Park Orchard Tracts; thence South 00°10'25" West, coincident with the said westerly
boundary, a distance of 67.91 feet to a plat corner of said Knolls Vista - Thirteenth Addition; thence South
62°14'26" West, coincident with the plat boundary of said Knolls Vista - Thirteenth Addition and the
prolongation of the northerly boundary of said Knolls Vista - Sixteenth Addition, a distance of 597.07 feet,
to the POINT OF BEGINNING;
Containing 0.8443 Acres, more or less.
Moses Lake Council packet 2-8-22, Page 11 of 252
Received 1/04/22 Revised MapML PlanningMoses Lake Council packet 2-8-22, Page 12 of 252
Blanchet Ave. ROW Vacation Location
Moses Lake Council packet 2-8-22, Page 13 of 252
Agri/Cam
Agricultiiral & Commercial Pt'operties
APPRAISAL REPORT
PREPARED FOR:
CAD,HOMES,LLC
REQUESTH,D BY
.DREW SCOTT,.OWNER
Pa BOX 2330
MOSES LAKE, WA 98837
PREPARED BY:
AGRI/COM APPRAISALS
JAMES N MCCULLOUGH
CERTIFIED'GENERAL.APPRAISER
L;censeNumMr 1102891
4064 Cove West Drive a Moses Aake, W'A 988'37 s, Office (509) 764-2341 s Fax (509) 764-5213
Ricl'iard H, Pulis a Cell (509:) 760-2648 s Email: rlipulis'@:yalioo,coiB
Janies N. McCti)lougli s Cell (509) 75'0-6878 a Email; iim-agriconi@l'iotn'iail.com
w<Thv,agri-cot'ii.net Moses Lake Council packet 2-8-22, Page 14 of 252
Agri/€om Appraisals
Agricultural & Commercial Properties
September 1, 2021
Drew Scott, Owner
CAD Homes, LLC
Pa Box 2330
Moses Lake, WA 98837
Dear Mr. Scott:
No environmeqtal concerns were apparent during inspection of the property.
Respectfiilly submitted,
James N McCullough
State of Washington
Certified General Appraiser
License Number 1101891
4064 Cove IN/eSt Drive ffl AiOSeS Lake, WA ,98837 R OffiCe (509) 764-2341 a FaX (509) 764-5213
Ricliata H. Pulis s Cell (509) 760-2648 u Email: rlipulisC2i.+)ialioo.coi'i'i ,
Jan'ies N. McCtil]ougl'i ffi (,eti (509) 7gO-6878 ffl Einitil: Jiin-agricom@liotmail.com
iviiqv.asprl-com.net Moses Lake Council packet 2-8-22, Page 15 of 252
TABLE OF CONTENTS
Summary of Salient Facts and Conclusion
Assumptions and Limittng Conditions
Factual Data
Appraisal Objective
Definition of Market Value
Scope of Work
Area Analysts and Trends
Property Description
Marketing and Exposure Time
Data Analysts and Conclusions
Highest and Best Use
Appraisal Process/Valuation Section
Sales Comparison Approach
Reconciliation and Final Value / Date of Value Estiniate
Appra*ser Certification
Subject Location & Comparab]e Sale Map
Qualifications
Appendix:
Aerial Photo Plat Map
Plat Map
Legal Description
Tract Map
Ordinance No. 2424
Zoning Map
Subject Photos
4
S-6
7
8
8
9-10
11
12-13
13
14-33
14-16
17
18-32
33
34
35
36-38
1 page
1 page
1 page
1 page
1 page
1 page
4 pages
Moses Lake Council packet 2-8-22, Page 16 of 252
SUMMARY OF SALIENT FACTS AND CONCLUSiONS
SUBJECT LOCATION: Knolls Vista Area
Blanchet Avenue Street Vacation
Moses Lake
Grant County, WA
EFFECTIVE APPRAISAL DATE
DATE OF REPORT
PURPOSE OF THE APPRAISAL
PARCEL NUMBER
SITE
BUILDING IMPROVF,MENTS
jROI'T'r' kkGHTS APPRAISED
PURPOSE OF THE APPRAISAL
ZONING
HIGHEST AND BEST USE
SALES COMPARISON APPROACH
COST/CONTRIBUTORY APPROACH
INCOME APPROACH
FINAL VALUE ESTIMATE
August 21, 2021
September 1, 2021
Estimate Market Value
NA
36,778 SF
None
Fee Simple Estate
Estimate Market Value
Single Family Residential (Area)
Residential Use
$46,000
NA
NA
$46,000
-4-
Moses Lake Council packet 2-8-22, Page 17 of 252
ASSUMPTIONS AND LIMITING CONDITIONS
The Appraiser assumes no responsibility for matters of a legal nature affecting the
property appraised or the title thereto, nor does the Appraiser render any opinion as to
title, which is assumed to be good and marketable. The property is appraised as though
under responsible ownership
Sketches in the report may show approximate dimensions and are included only to assist
the reader in visualizing the property. The Appraiser has made no survey of the property.
Drawing and/or plats are not represented as an engineer's work product, nor are they
provided for legal reference.
The Appraiser is not required to give testimony or appear in court because of having
made the appraisal with reference to the property in question, unless arangements have
been previously made.
Any distribution of the valuation in the report applies only under the existing program of
utilization. The separate valuations of components must not be used outside of this
appraisal and are invalid if so used,
The Appraiser has, in the process of exercising due diligence, requested, reviewed, and
considered information provided by the ownership of the property and Uhe client, and the
Appraiser has relied on sucli information and assumes that there are no hidden or
unapparent conditions of the property, subsoil, or structures, which would render it more
or less valuable. The Appraiser assumes no responsibility for such conditions, for
engineering which might be required to discover such factors, or the cost of discovery or
correction.
While the Appraiser has inspected the subject property and has considered the
information developed in the course of such inspection together with the information
provided by the ownersbip and the client, the Appraiser is not qualified to verify or detect
presence of liazardous substances by visual inspection or othemise, nor qualified to
determine the effect, if any, of known or unknown substances present. Unless otherwise
stated, the final value conclusion is based on the subject property being free of hazardous
waste contamination, and it is specifically assumed that present and subsequent
ownership's will exercise due diligence to ensure that the property does not become
otherwise contaminated.
Information, estimates, and opinions furnished to the Appraiser, and contained in the
report, were obtained from sources considered reliable and believed to be true and
correct. However, no responsibility for accuracy of such items furnished the Appraiser
can be assumed by the Appraiser,
Unless specifically cited, no value has been allocated to the nieral rights or deposits.
-5-
Moses Lake Council packet 2-8-22, Page 18 of 252
Disclosure of the contents of this report is govemed by applicable law and/or the Bylaws
and Regulations of the professional appraisal organization with which the Appraiser is
affiliated.
Neither all nor part of the report, or copy thereof, shall be used for any purpose by
anyone but the clierit specified in the report without the written consent of the Appraiser.
This report was prepared for the client's use at the client's sole discretion within the
framework of the 'function stated in the report and its use for any other purpose is beyond
the scope contemplated inthe appraisal.
Where the appraisal conclusions are subject to satisfactory completion, repairs, or
alterations, the appraisal report and the value conclusion are contingent upon completion
of the improvements in a workmanship manner consistent with the plans, specifications
and/or scope of work relied upon in the appraisal.
SPECIFIC ASSUMPTIONS AND LIMITING CONDITIONS
The value contained herein reflects analysis of past property sales which have been
extended and adjusted to reflect this appraiser's conclusion of current market value. This
appraisal is not intended to be a warranty. Market conditions change and the property
described can, at a later date, be worth more or less than the current value.
The Appraiser does not guarantee that buyers will be found for said property or that real
estate markets will not change. Said markets are dependent upon many variables,
including interest rates, business conditions, and the availability of financing.
The purpose of the report is to provide current and supported conclusions of the market
value of the Fee Simple Estate of the subject as of the date of inspection on August 21,
2021. The format used is defined as art Appraisal Report by the Uniform Standards qf
2020-2021 in summary format. It complies with the requirements set forth under
Standard 2-2(a), Rule 1 of the Uniform Standards of Professiona( Practice, but is subject
to the Assumptioris and Limiting Conditions listed in this report.
This appraisal report details the information used to arrive at a conclusion of value. It can
be understood by a knowledgeable reader without additional information in the work file
of the appraiser.
A street vacation, also known as an alley vacatiotg or vacation of public access, is a fflpe of
easement in whicli a government transfers the right-of-way ofa public street, highway or
alley to a private property owmr.
R(JV 35. 79.040
Title to vacated street or alley.
If any street or alley in atgy city or town is vacated by the city or town council, the properl
within the limits so vacated shall belong to the abutting properly owners, om-halfto each.
Ordinance No. 2424 in the attachment in the agreement located in the appendix.
-6-
Moses Lake Council packet 2-8-22, Page 19 of 252
FACTUAL DATA
Property Identification
The property is 36,778 SF located in the City of Moses Lake, Grant County, Washington,
It is within the city limits and has all available utiltties.
The subject property is located along the south edge of Parcel number #110621000, a
residential development property for CAD Homes, LLC.
Most services are available in Moses Lake with additional services in Ephrata, Spokane,
Tri-Cities and Seattle.
Legal Description
That portion of the city street right of way for Blanchet Avenue, described as Sixth
Avenue on the plat of Park Orchard Tracts recorded December 4, 1914, page 36, Acreage
Plat Book, lying east of the easterly right of way boundary of the city street known as
Grape Drive and west of westerly plat boundary of Knolls Vista - Thirteenth Addition
recorded under Grant County Auditor's File Number 226547 on July 29, 1954; All of said
city street right of way is located in the northeast quarter of the southwest quarter of
Section 15, Township 19 North, Range 28 East, W.M., City of Moses Lake, County of
Grant, State of Washington as shown on the attached Exhibit 'B' and is more generally
described as follows:
Beginning at the westerly most corner of Lot 6 of Knolls Vista - Sixteenth Addition
recorded under Grant County Auditor's File Number 244613 on May 2, 1955; thence
North 27o45'50" West, coincident with the said easterly right of way boundaiy of Grape
Drive, a distance of 60.00 feet to a point on the south boundary line of Tract 23 of said
Park Orchard Tracts; thence Noith 62ol4'26" East a distance of 62E.89 feet to the
westerly boundary line of said Knolls Vista - Thirteenth Addition and the southeast
corner of Tract 23 of said Park Orchard Tracts; thence South 00olO'25" West, coincident
with the said westerly boundary, a distance of 67.91 feet to a plat corner of said Knolls
Vista - Thirteenth Addition; thence South 62ol4'26" West, coincident with the plat
boundary of said Knolls Vista - Thirteenth Addition and the prolongation of the northerly
boundary of said Knolls Vista - Sixteenth Addition, a distance of 597.07 feet, to the
POINT OF BEGINNING; Containing O.8443 Acres, more or less.
Zoning
Residential l (Rl)
Purpose: The R-I, Single-Family Residential, Zone is intended to provide for and to
protect single-family residences in specified low-density residential areas and to preserve
land for single-family residential uses. Residential density generally ranges from one (1)
to four (4) dwelling units per acre.
The subject is in Rl zoning; therefore, the comparable properties and values are from
similarly zoned properties.
-7-
Moses Lake Council packet 2-8-22, Page 20 of 252
APPRAISAL OBJECTIVE
Purpose of the Appraisal
The puyose of the report is to provide current and supported conclusions of the market
value of the subject as of the date of appraisal on August 21, 2021.
Function of the Appraisal
This report has been prepared exclusively for the client, CAD Homes, LLC. The intended
user of the report is CAD Homes, LLC, requested by Drew Scott, Owner, The intended
use is for anticipated purchase of the property.
DEFINITION OF MARKET VALUE
Market Value, as defined by the Code of Federal Regulations, is:
Market value means the most probable price which a propeity should bring in a
competitive and open market under all conditioris requisite to a fair sale, the buyer and
seller each acting prudently and knowledgeably, and assuming the price is not affected by
undue stimulus. Implicit in this definition is the consuinrnation of a sale as of a specified
date and the passing of title from seller to buyer under conditions whereby:
(1) Buyer and seller are typically motivated;
(2) Both parties are well informed or well advised, and acting in what they consider their
own best interests;
(3) A reasonable time is allowed for exposure in the open market;
(4) Payment is made in terms of cash in U.S. dollars or in terms of financial mrangements
comparable thereto; and
(5) The price represents the normal consideration for the property sold unaffected by
special or creative financing or sales concessions granted by anyone associated with the
sale,
This definition of Market Value is in compliance with the OCC (Office of the
Comptroller of the Currency), FDIC (Federal Deposit Insurance Corporation), FIRREA
(Financial Institutions Reform, Recovery, and Enforcement Act), and USPAP (Uniform
Standards of Professional Appraisal Practice) as adopted by the Appraisal Foundation
and the Appraisal Institute.
-8-
Moses Lake Council packet 2-8-22, Page 21 of 252
SCOPE OF WORK
* Analyzed income and expense infoimation provided by the owner, if applicable.
*Researched pertinent neighborhood data, comparable listings, comparable rentals, and
comparable sales.
* Gathered comparable improved sales, comparable Iistings, comparable rentals, comparable
expenses, etc. from similar propeities and/or previous appraisals on similar properties.
@ Analyzed the current real estate market and trends for the subject's property type.
sin prepariixg my wrdten reportlhgve:
* Identified the property by tax identification number and deed references, if applicable.
* Considered the purpose and intended use of the appraisal.
* Prepared a brief history of the propeity when applicable.
* Stated the current definition of market value and exposure time.
* Detertnined the property rights being appraised as the Fee Simple interest in the property.
* Discussed and analyzed to the extent appropriate, the demographic data in the area surrounding
the subject; including population characteristics, employment data, income characteristics, school
district, and other amenities,
* Described the neighborhood suirounding the subject, including highway access and the location
and uses of notable properties.
* Discussed and analyzed the physical attributes of the subject site.
* Discussed and analyzed the physical attributes of the subject building(s), if applicable.
* Analyzed the Highest and Best Use of the site.
* Analyzed and discussed the reasoning for choosing the most applicable approacli or approaches
in detertnining the value for the subject property.
* Considered all three approaches to value and determined wliich approach or approaches were
applicable, given the nature of the assignmem and the characteristics of the subject propeity.
* Thoroughly discussed and documented my value conclusions by the applicable approach and/or
approaches.
-9-
Moses Lake Council packet 2-8-22, Page 22 of 252
(Scope of Work Continued)
Records on similar sales in Moses Lake were researched for comparable sales. Only the
most recent and comparable sales have been used. All support sales were inspected,
verified, analyzed and compared with the subject. Additional information was obtained
from Grant County Assessor, Grant County Treasurer and the City of Moses Lake.
PROPERTY RIGHTS APPRAISED
The property rights subject to this report are assumed to be all of those rights existing in
'7ee simple" title as of the effective date of appraisal unless otherwise stipulated. Thesubject property is appraised as if without encroachments, liens, or leasehold interests
that would affect marketability except zoning ordinances, easements of record and other
normal governmental powers. No partial ownership interests, if any, have been
considered.
Mineral or other subsurface rights were not considered of significant importance in the
immediate area to affect the value of the property. There is no evidence of minerals of
commercial value in the immediate area at this time.
EFFECTIVE DATE OF APPRAISAL
The Effective Date of Appraisal is the date of physical inspection, August 21, 2021.
The date of the report is September 1, 2021.
OWNERSHIP HISTORY
The City of Moses Lake owns the subject property being appraised, as described by the
legal description on page 7 of this report.
-10-
Moses Lake Council packet 2-8-22, Page 23 of 252
AREA ANALYSIS AND TRENDS
Tlie propeity is located within tlie city limits of Moses Lake, whicli is home to a large variety of
commercial and industrial enterprises along with a large residential base.
Agriculture is the main catalyst of Moses Lake's economy. There are many processing plants,
storage facilities and packing plants in the Moses Lake area that provide for off- fatm
employment in addition to a ready market for agricultural products.
The area is devoted to producing irrigated crops such as wheat, cereal grains, alfalfa, corn,
potatoes, onions, beans, peas, asparagus, irrigated pasture and a variety of seed crops. It is within
tlie boundaries of the Columbia Basin irrigation Project.
Although agriculture remains the economic base, there are over 90 major industries and
businesses, excluding retail outlets, contributing to the economic stability ofthe area. In addition
to agriculture and these major industries are the Job Corps Center, Moses Lake School District,
the Grant County Public Utility District, REC Silicon, Genie Industries, Guardian Fiberglass,
Ask.com, Specialty Chemicals, medical facilities and tl'ie Port of Moses Lake.
Moses Lake area has a population of approximately 25,360 and Grant County at approximately
91,878. There has been a steady growth in the past few years. Employment trends have been
stable in tlie area with approximately 15,000 fuel time workers. This figure increases during the
harvest season due to an influx of migratory workers.
Most services are available in Moses Lake. Additioxial services are available in Wenatchee (70
miles northwest), Tri Cities (75 miles south), Yakima (100 miles southwest), Spokane (110 miles
nortlieast), aiid Seattle (176 miles west).
Moses Lake has a large modern hospital, the Moses Lake Clinic, a walk in clinic, a Community
Health Center, a Senior Center and several retirement centers. Moses Lake also has a large school
system that includes kindergarten through high school, as well as parochial and private schools.
Secondary education includes Big Bend Community College with an enrollment of 1,500 full
time and 2,000 part-time shidents.
Recreational opportunities in the area include lakes and streams for fishing, hunting, boating and
water sports, the nearby sand dunes for ORV and recreational use, a large family aquatic center,
golf courses, tennis courts, an athletic club, an arts center, a live theater and a multitude of other
oppoitunities.
There are no social, economic, governmeratal or erivirorimental forces that would have an adverse
impact on value.
Immediate Area
The subject is located in the Moses Lake area of Grant County. The immediate area is a mix of
residential and public use properties.
Rentability, Compatibility and Market Appeal
This type of property is not typically rented. Due to the size and shape the property is
limited on its potential development, use and market appeal,
-11-
Moses Lake Council packet 2-8-22, Page 24 of 252
Property Description
Size and Land Use
36,778 square feet appraised. The property appraised is vacant land.
The site is located east of Grape Drive and nortli of WPim Drive.
Access and Continuity
The property is located in the City of Moses Lake, Grant County, Washington. It is
within the city limits and has all avalbible utilities.
Access to the propeity is from paved Grape Drive along the west edge of the property
from W Pine Drive on the east edge of the property. The property is in one location and
continuity is good.
Soil and Topography
The soil is well drained and suitable for public use. The soil is typical for the immediate
area.
Hazards and Detriments
There are no apparent hazards and detriments.
As stated in Assumptions and Limiting Conditions, the appraiser is not qrialified to detect
the presence of hazardous substances.
Climate and F,levation
Average growing season is 160 days and average annual rainfall is 8-10 inches.
Topographical maps for the area show the elevation at approximately 1,160 feet above
sea level.
A topographical map is attached.
Utilities and Services
Electricity is available from Grant County Public Utility District. Water and sewer in the
area is from the City of Moses Lake. Telephone is available from Qwest and garbage pick
up is available.
The property is within a fire district and on a school bus and mail route.
Easements and Encroachments
Standard road and utility easements have been noted, none of which have an adverse
affect on the value of the property.
There is a 10-foot Public Utility Easement along the south edge of the property being
appraised, however, it does not have an adverse effect of value on the subject property.
Grant County Assessed Value and Real Estate Taxes
Exempt
-12-
Moses Lake Council packet 2-8-22, Page 25 of 252
ESTIMATED EXPOSURE TIME
"Exposure Time" is defined as, estimated length of time the property interest being
appraised would have been on the market prior to the hypothetical consunption of a sale
at market value on the effective date of the appraisal. The value herein estimated is based
on a reasonable exposure time of 6 to 12 months prior to the effective date of appraisal on
August 21, 2021.
ESTIMATED MARKETING TIME
"Marketing Time" is defined as, an opinion of the amount of time it might take to sell a
property interest at the concluded market value during the period immediately after the
effective date of an appraisal. The value herein estimated is based on a reasonable
marketing time, if reasonably priced and exposed to the market, which should be within 6
to 12 months from the date of appraisal, August 21, 2021.
The opinion is based on discussions with real estate agerits and sellers of cominercial
real estate in this area. Adequate, stdficierit and reasonable effort must be made to
market the property ijaa sale is to be effected.
-13-
Moses Lake Council packet 2-8-22, Page 26 of 252
DATA ANALYSIS AND CONCLUSIONS
Highest and Besit Use
Definition of Highest and Best Use
Highest and Best Use is defined as: "the reasoriable artd probable use that supports the
highest present value, as de,fined, as of the date qf the appraisal." Alternatively, it is
defined as "The use from among reasonably probable and legal alternative uses, found to
be physically possible, appropriately supported, fmancially j;easible, and that results in
the highest present land value."
Therefore, to be considered the Highest and Best Use, the propeity should be among
those probable uses that are legally permissible and conform to current zoning laws,
physically adapted for the size and configuration of the property, appropriate because of
location and/or other factors, and economically capable of producing a competitive return
on capital invested.
According to accepted appraisal standards, there are two classifications of Highest and
Best Use. These are the Highest and Best Use of the site as vacant and the Highest and
Best Use of the site as improved. The question in an analysis of this type is, what use
from among the most likely uses is most viable?
A practical approach is to recognize that there may be several economically feasible
alternatives, The decision then becomes an analysis of wMch of the probable alternative
uses will result in the maximum value based upon investment returns.
In determining the Highest and Best Use for the subject site, we analyze the probable
uses of the subject property based upon the criteria of being legally permissible,
physically possible, financially feasible and maximally productive. We first eliminated
those uses that were obviously not suitable for this property either because of zoning or
physical incompatibility. We then considered those uses that would have a reasonable
probability of beirig the Highest and Best Use based upon curent zoning and physical
adaptability. Finally, we chose that use or uses that appeared to best fit the criteria of
being financially feasible and maximally productive.
Four Stages of Analysis
In estimating highest and best use, there are four criteria to consider.
o Physically Possible - what uses are physically possible for the site and/or
improvements?
a Legally Permissible - what uses are permitted by zoning, deed, or other legal
restrictions on the development of the site?
o Financially Feasible (Supply and Demand) - which possible and perissible uses will
produce a positive net return to the owner of the property?
o Maximally Productive - among the feasible uses, which use will produce the highest
net return or the highest present worth?
-14-
Moses Lake Council packet 2-8-22, Page 27 of 252
In addition to these four criteria, this analysis also seeks to detertnine:
- If the land should be developed immediately or left vacant
a The type of improvement that should be constructed on the site, and
- Whether the existing improvements continue to contribute to the overall market value,
or should they be altered to increase mgket value or removed and the site redeveloped.
Highest and Best Use - As Vacant
Definition of Highest and Best Use of Land or Site - AS Vacant
Among all reasonable, alterrxative uses, the use that yields the highest present land value,
after paymertts are made for labor, capital, and coordination. The use of the property
based upon the assumption that the parcel of land is vacant or can be made vacant by
demolishing any improvements.
Legally Permissible - As Vacant
The test of legal permissibility is analyzed first because it immediately eliminates a
number of uses. This analysis involves areview of such items as private deed restrictions,
zoning regulations, historic district controls, and environmental regulations that affect the
development of the site and the improvements. Primary emphasis was placed on the
current zoning regulations in order to determine potential legal uses.
There are several legally permitted and conditional uses for the subject. The subject is
zoned Residential (Rl). There were no adverse legal restrictions discovered or made
known to the appraiser during this arialysis. The site meets the criteria test for legal
permissible uses.
Physically Possible - As Vacant
This involves a review and analysis of the physical characteristics of the site such as the
size, shape, accessibility, topography, available utilities, frontage, depth, assemblage,
traffic patterns, etc. Tliis analysis further narrows the potential uses of the site.
The site includes a gross area of 36,778 SF. The site has similar access as ptoperties in
the area. It has the availability of all utilities required for the legally permissible uses
noted above.
Access to the site is very good and is considered adequate for all of the legally
permissible uses. The physical shape of the site offers good utility of the site.
Finaricially Feasible - As Vacam
This section tests the hypotheses of those uses that are legally and physically possible.
After the first two requirements are analyzed, the financial feasibility focuses on market
value indications using a valuation method from the Income Approach placed against the
costs of construction of the legally and physically permissible uses.
Considering timing and the surrounding land uses, market investor/participants and most
probably buyers/users of the land would likely conclude residential use. Other uses would
be unlikely at this time.
-15-
Moses Lake Council packet 2-8-22, Page 28 of 252
Maximally Productive - As Vacant
After the financial feasibility analysis, the use that results in the relatively highest
residual land value, consistent with the appropriate rates of return by tlie market, is
considered the highest and best use. However, the exact use that results in the maximum
profitability of the site is somewhat subjective, although it can reasonably be narrowed.
Maximum profitability is heavily determined by the individual purchaser or investor of
the site, Nonetheless, the use for the site should be consistent with tlie existing and
projected land uses within the neighborhood. This location is attractive to parties
interested in developing and irivesting in residential properties. At this time I conclude
that residential use, would be the maximally productive use of the property.
Highest and Best Use - "Residential"
The subject property is considered unimproved, therefore, the Highest and Best Use -
"Residential Development" conforms to tlie current zoning and is Physically Possible,
Financially Feasible and Maximally Productive.
Present Use: Vacant.
-16-
Moses Lake Council packet 2-8-22, Page 29 of 252
APPRAISAL PROCESS
SALES COMPARISON APPROACH
The Sales Comparison Approach makes a direct comparison of sales with the same
characteristics as the subject. Sales that are similar to the subject are needed to make this
approach meaningful,
COST/(X)Nl'RlBU l'ORY APPROACH
The Cost Approach to market value estimation is based on the premise that the value of
the property can be derived by adding the estimated value of the land to the cost of
constructing a reproduction or replacement of the building improvements arid then
applying the amount of depreciation to the structures from all causes. This approach has
proven to be a reliable method of estimating market value.
INCOME APPROACH
The Income Approach is based on the assumption that there is a relationship between the
amount of income a property is capable of producing and its value. This approach is
based on the principle that the value is created by the expectation of benefits to be
derived in the future. The anticipated annual net income is then divided by an acceptable
overall rate of return (Capitalization Rate) that has been derived from the market to arrive
at an estimated market value.
OTHER CONSIDERATIONS
Time
The sales used in this report are from June 2019 through July 2021. During this period of
time the market was fairly stable with few properties similar to the subject offered for
sale. There is no evidence in the market to make a specific adjustment for time. No
specific adjustments have been made in this report for time.
'35;4;
All of the support sales were sold for cash to the seller or on a real estate contract at
market rate. Purchasers on some of the sales secured financing from banks or moitgage
companies. No adjustment for terms has been made in this report,
Sm
The support sales vary in size from 117,612 to 5,039,456 square feet. The market has not
indicated that a specific adjustment on price per square foot should be made for size
difference. It is recognized that larger and smaller tracts will attract different types of
buyers.
The subject is being appraised as a Street Vacation. There were no Street Vacation
sales found. A Street Vacation is a fflpe of easemetxt. Easement sales are typically
gig/Xer, however, do s/tow a similar value. // is the opinion of the appraiser that
residential land developmentsales are mostsimilar and appropriate as comparable.
-17-
Moses Lake Council packet 2-8-22, Page 30 of 252
SALES COMPARISON APPROACH
All recent sales on residential development land SaieS in the Moses Lake Area of Grant
County were researched and compared with the subject. Only the most comparable sales
have been used for comparison. The residential development land sales are numbered 1-7
for easier reference. A copy of the Sales Analysis Sheet on each has been attached and
made a part of this report.
SALE ANALYSIS SHEET - RE,SmENTIAL PROPERTY
MOSES LAKE
Sale Number 1
Street Address:NA
Sale Date:10/24/19
Grantor:Crittenden East Park LLC
Grantee:Hayden Homes LLC
Site Size:11.21 Acres or 488,308 SF
Sale Price:$357,500
Financing:Cash Sale
Improvements.None
LegalDescription. Parcel#ll0475239,axnrcotmry,w,xsmnarox.
Extensive Legal
Zoning:The R-1, Single-Family Residential, Zone is intended to provide
for and to protect single-family residences in specified low-density
r@sidential areas and to preserve land for single-family residential
uses. Residential density generally ranges firom one (l) to four (4)
dwelling units per acre.
Valuebreakdown. ll.21Acresor488,308SFat$31,891/acreor$.73persquarefoot.
Location:West Shore
Comments: This sale is located between Westshore and Hansen Road in the west area of
Moses Lake.
Aerial Photo Plat Map Attached
-18-
Moses Lake Council packet 2-8-22, Page 31 of 252
FSA Map https://www.sui ,,naps.com/reports/customreport.aspx"sid=5Al91...
lI..Aerial Map
Map Center: 47o 6' 40.93, -1 19o 20' 24.74 569ft 1138ft
MaptPromedny
Wsurety
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Moses Lake Council packet 2-8-22, Page 32 of 252
SALF, ANALYSIS SHEET - RESIDENTIAL PROPERTY
MOSES LAKE
Sale Number 2
Street Address:NA
Sale Date:12/16/19
Grantor:Crittenden East Park LLC
Grantee:
Site Size:
Sale Price:
Mitchell Development II LLC
115.69 Acres or 5,039,456 SF
$3,750,000
Financing:
Improvements:
Legal Description.
Cash Sale
None
Parcels #ll0475166, 110065201 atid 110065200.
GRANT COUNTY, WASHINGTON
Extensive Legal
Zoning: The R-1, Single-Family Residential, Zone is intended to provide
for and to protect single-family residences in specified low-density
residential areas and to preserve land for single-family residential
uses. Residential density generally ranges from one (l) to four (4)
dwelling units per acre.
Value breakdown. 115.69 Acres or 5,039,456 SF at $32,414/acre or $.74 per square
foot.
Location: West Shore
Cornrnents: This sale is located between Westshore and Hansen Road, the west edge
Hansen Road and the west edge of Montana Street in the west area of Moses Lake.
Aerial Photo Plat Map Attached
-20-
Moses Lake Council packet 2-8-22, Page 33 of 252
FSA Map https://www.sut .taps.coin/reports/customreporL.aspx?sid=5Al91...
Aerial Map -"l
Map Center: 47o 6' 33.39, -1 19o 20' 33.74 715ft 1431ft
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8/31/2021
I ofl 8/31/2021. 11:13 AM
Moses Lake Council packet 2-8-22, Page 34 of 252
SALE ANALYSIS SHEET - RESmENTIAL PROPERTY
MOSES LAKE
Sale Number 3
Street Address:NA
Sale Date:1/22/20
Grantor:Moses Lake Christian Academy
Grantee:Moses Lake School District
Site Size:18.60 Acres or 810,216 SF
Sale Price:$983,000
FinanOing:Cash Sale
Improvements.None
Legal Description.Parcel #091759711,
GRANT COUNTY, WASHl'NGTON.
Extensive Legal
Zoning:The C-2, General Commercial and Business, Zone is intended to
provide for the general commercial and business activity of the
City and to preserve land for such uses. It is intended to
complement the downtown and help meet the other community
needs, as well as provide an area for large-scale shopping centers
and other uses oriented to vehicle traffic.
Value breakdown. 18.60 Acres or 810,216 SF at $52,849/acre or $1.21 per square
foot.
Location:Southeast Moses Lake
Comments: This sale is located south of Nelson Road in the southeast area of Moses
Lake.
Aerial Photo Plat Map Attached
-22-
Moses Lake Council packet 2-8-22, Page 35 of 252
FSA Map https://www.surexymaps,com/reports/customreport,aspx%id=5Al91,..
Aerial Map
'.=iqi,
Map Center: 47" 6' 46,31, -119o M' 59.2
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I t-9 1
Moses Lake Council packet 2-8-22, Page 36 of 252
SALE ANALYSIS SHEET - RESIDENTIAL PROPERTY
MOSES LAKE
Sale Number 4
Sale Date:6/24/19
Grantor:Critteriden East Park LLC
Grantee:Mae Valley Retail LLC
Site Size:3.31 Acres or 144,183 8F
Sale Piice:
Financing:
Improvements.
Legal
Description.
$200,000
Cash sale
None
The extensive legal description can be provided if needed.
GRANT COUNTY, WASHiNGTON.
ParcelNumber: 110475168
Zoning: R2-SINGLE/TWO FAMILY RES & C2-GENERAL
COMMERCiAL - City of Moses Lake
Value Breakdown. 3.31 Acres or 144,183 SF at $60,423/acre or $1.39/SF
Location: West area of Moses Lake on the north edge of Westlake Drive and
the west edge of Westshore Drive.
Comments: Access is off Westlake Drive on the south edge of the property and the west
edge of Westshore Drive along the east edge of the property.
Aerial Photo Plat Map Attached
-24-
Moses Lake Council packet 2-8-22, Page 37 of 252
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Moses Lake Council packet 2-8-22, Page 38 of 252
SALE ANALYSIS SHEET-RESIDENTIAI, PROPERTY
MOSES LAKE
Sale Number 5
Street Address:NA
Sale Date:7/23/21
Grantor:CAD Homes
Grantee:Joyce Brownlow, Etal
Site Size:2.70 Acres or 117,612 SF
Sale Price:$125,000
Financing:Cash Sale
Improvements: None
Legal Description. Parcel #090344000: TX# 3929 IN TRACT 48 BATTERY ORCHARD TRACTS TAX#
3929 A PORT}ON OF TRACT 48, BATTERY ORCHARD TRACTS, (iRANT COUNTY,
WASHINGTON. ACCORDING TO THE PLAT THEREOF FILED JANUARY 7, 1914,
DESCRIBED AS FOLLOWS: BECilNNINCi AT THE INTERSECTION OF TFIE
SOUTHWESTERLY BOUNDARY LINE, EXTFENDED AND THE SOUTHEASTERLY
BOUNDARY LINE, r,XTnNDED AND THE SOUTHEASTERIY BOUNDARY LT?%tE,
EXTENDED, OF TRACT 48; THENCE 288 FEET NORTH 32"08'44" EAST ALONG THE
SOUTHEASTERLY BOUNDARY LINE OF SAJtD TRACT 48: THENCE 120 FI:ET NORTH
55o3}' 30" WEST: THENCE 186 FEET NORTH 32o08'44" EAST PARALLEL TO THE
SOUTHEAST BOUNDARY LINE OF SAID TRACT 48; Tl-IENCE 25.33 F FEET NORTH
55o31'30" WEST; Tl-}ENCE 513.74 FEET SOUTH 73a29' 00" WEST TO SOUTHWESTERLY
BOtJNDARY LINE OF SAID TRACT 48; THENCE 493.60 FEET SOUTH 46o51'l6" EAST TO
THE Pa}NT OF BEOINMNO. ALL OF THE ABOVE EXCEPT A SMALL PARCEL IN THE
MOST SOUTHERLY CORNER, SHOWN AS A R}GHT-OF-WAY ON SAID PLAT OF
BATTERY ORCHARD TRACTS.
GRANT COUNTY, WASHINGTON.
Zoning:R-1, Single-Family Residential, Zone is intended to provide for
and to protect single-family residences in specified low-density
residential areas and to preserve land for single-family residential
uses.
Valuebreakdown. 2.70Acresorll7,612SFat$46,296/acreor$l.06persquarefoot.
Location:North of Peninsula Diive.
Comnnents:This sale is located along the north edge of Peninsula Drive.
Aerial Photo Plat Map Attached
-26-
Moses Lake Council packet 2-8-22, Page 39 of 252
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SALE ANALYSIS SHEET - RESmENTIAL PROPERTY
MOSES LAKE
Sale Number 6
Street Address:NA
Sale Date:3/24/21
Grantor:Cornelis J & Teresita M Stoap
Grantee:Suglanai Investors, LLC
Site Size:4.13 Acres or 179,903 SF
Sale Price:$225,000
Financing:Cash Sale
Improvements:None
Legal Description: Parcel #112102000: LOT 2 JOHNSON MAJOR PLAT.
GRANT COUNTY, WASHINCITON.
Zoning:The R-3, Multi-Family Residential, Zone is intended to
accomtnodate medium- to high-density residential uses and to
preserve land for such residential uses. Residential density
generally ranges from six (6) to fiffeen (15) dwelling units per
acre, The zone may also serve as a transitional buffer area between
commercial areas and low-density residential areas. Limited
commercial uses are permitted as conditional uses.
Valuebreakdown, 4.l3Acresorl79,903at$l0,717/acreor$l.25persquarefoot
Location:North of W Broadway off of W Crouse Street.
Comments:This sale is located North of W Broadway along the south edge of
W Crouse Street.
Aerial Photo Plat Map Attached
-28-
Moses Lake Council packet 2-8-22, Page 41 of 252
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Moses Lake Council packet 2-8-22, Page 42 of 252
SALE ANALYSIS SHEET - RESmENTIAL PROPERTY
MOSES LAKE
Sale Number 7
Street Address:
Sale Date:
Grantor:
Grantee:
Site Size:
Sale Price:
Financing:
Improvements:
NA
4/23/21
Jack P & Anna May Black Trust
Sapphire Homes Inc
8.14 Acres or 354,578 SF
$325,000
Cash sale
None
Legal Description: POR Wl/2NW 26 }9 2R (PRELIM NELSON 811 SP) The West half of the Northwest quarter ofseOttOn 26, TOWnShip 19 NOrul, Range 28 E.W.M., (3rant County, Washington lying Westerly of Montlake Drive (formedy PotaloHill Road). EXCEl"la The Northcrly 30 feet thereof conveyed to the City of Moscs Lake by deed recorded May 20, 1960, underAuditor's Pile No. 364686. AND EXCEPT The Plat of Hyland Park Addition No. I, as per plat recorded in Volunie 7 of Plats, page70, reoords of Grant County, Washington. AND EXCEPT arhat portion of the Northwest quarter or the Norti'iwest quarter of Section26, Township i9 Nord'i, Range 28 E.W.M., Gmnl County, Washington, degcribed as follows: Beginning at the Northwest corner ofsaid Section; tliencc Eastedy along tlia Nortli }ine ofsaid Section, a distam;e of390.00 fcct; tiience Southerly parallel to the West lineof said Section, a distance of 145 feet; thence Soutli 33ol9'00" West, a distance of 355 feet; thence North 89"49'30" West, a distanceor 200 feet more or less to flte West line ofsaid Section 26; ihcncc Northerly along said West line, a distance of 445 feet more or lessto lhe I"RUB POINT OF BEGINNING. AND EXCHFla A tract of land iii a portion of tits Nortliwest quarter of Section 26, Township19 North, Range 28 East, W.M., Grant County, Washington, more fiilly described as follows: Commencing at the Northwest corner orSald SeCliOn 26, a U.S.B.R. BraS!i Cap in monunlttet Cage at th(l tnter!it!ction Of Net!ran ROad and EaStlake Drive, tTOm whicli the Westquarter corner of said Section 26, a 3 1/2 im;h Brass Cap in monument case bears South 00o)O'30" West, a distance of 2647.24 feet;lhence South 00"10'30" Wesl a distance of 30.00 feet; thence Soutb 89o56'44" Eut, a distance of 39.9R feet to the Northwest comerof the lot cornprising 2.74 acres of the Broadripple VI Plat, per the Plat thereof recorded in Book H of Plats, Page 24, records or siiidGrant County; lhence continuing Soiith 89o56'44" East along the North line of said Broadripple W lot and the South right of way ol'Nelson Road, a distance of 350.02 feet to the Northeast corncr of said Broadripplc Vl Lot and the TRUE POINT OF BE.(ilNN{NO;thence South ooolO'30" Went along the East line or said Broadripple V} LOt, 1i5.00 feet: thence Soutli 33ol6'57" Went along tideSoutheast line of said BroadrippIe VI Lot, a distance ofl2.67 feet; tl'ience South 56o43'03" East, a distance of 35.65 feet, thence Soutb89o56'44" East, parallel wit the centerline of said Nelson Road, a distanca of 84.15 feet; thence Nortli 00o03'l6" East, perpendicular tothe centerline of said Nelson Road, a distance of 145.13 feet to the South right of way of said Nelson Road: thence North 89o56'44"
West,adistanceofl06.7)lfeettothcTRUEPOlNTOFBEGlNNING. ParcelNumber:110050000
Zoning:The R-3, Multi-Faiily Residential, Zone is intended to
accommodate medium- to high-density residential uses and to
preserve land for such residential uses. Residential density
generally ranges from six (6) to fifteen (15) dwelling units per
acre. The zone may also serve as a transitional buffer area between
commercial areas and low-density residential areas. Limited
commercial uses are permitted as conditional uses.
Value Breakdown: 8.14 Acres or 354,578 SF at $39,926/acre or $,92 per square foot.
Location:Northwest of S Division Street
Comments: Access is from the south edge of W Nelson Road, the east edge of S Eastlake
Road and the west edge of S Division Street.
Aerial Photo Plat Map Attached
-30-
Moses Lake Council packet 2-8-22, Page 43 of 252
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LAND SALES GRID
Sale
Amount
Date-of-
Sale
Site Size
SF
Price/SF
Sale
l
$357,500
Sale
2
$3,750,000
Safe Sale Sale Sale Sale
34567
$983,000 $200,000 $125,000 $225,000 $325,000
10/24/19 12/16/19 1/22/20 6/24/19 7/23/21 3/24/21 4/23/21
488,308 5,039,456 810,216 144,183 117,612 179,903 354,578
$.73 $.74 $1.21 $1.39 $1.06 $1.25 $,92
The sales range from $,73 to $1,39 per SF.
Sale 5 is felt most comparable as is the most recent, smallest sale, intended residential
development and CAD Homes was the purchaser,
Sales 1, 2 and 7 are much larger residential development properties-
Sale 3 was bought by the school district and was considered a highly motivated land sale.
Sale 6 - 7 are zoned similarly R-3 Multi Family Residential.
Larger tracts of land typically sell for less per acre than smaller tracts, however, there are
not enough sales to make a specific adjustment.
In comparing the subject with the sales a value of $1.25 per square foot is felt to be
appropriate.
Residential Land Value
36,778 Acres at $1.25 = $45,973
SALES COMPARISON APPROACH VALUE CONCLUSION
$46,000
(rounded)
-32-
Moses Lake Council packet 2-8-22, Page 45 of 252
RECONCILIATION & FINAL VAL{JE
All three approaches to value were considered in estimating tlie market value of the
subject property with only the Sales Comparison Approach used.
SALES COMPARISON APPROACH VALUE CONCLUSION
$46,000
The Sales Comparison Approach was considered applicable as sales with some of the
same characteristics were found. The Sales Comparison Approach was most heavily
relied upon as it reflects what buyers are willing to pay for property similar to the subject.
The Income Approach was not considered applicable as vacant properties similar to the
subject are typically owner operated and leases are not typical on this type of property
and not enough leases were found to base a credible income approach. It is not felt that
the Income Approach would add to the reliability of a value conclusion.
The Cost/Contributory Approach was not considered applicable as it would result in the
same analysis and value conclusion as tile Sales Comparison Approach and there are no
buildings on the subject property,
FINAL VALUE CONCLUSION
$46,000
DATE OF VALUE F,STIMATE
Effective Date of Appraisal:
August 21, 2021
(Date of Physical Inspection)
-33-
Moses Lake Council packet 2-8-22, Page 46 of 252
APPRAISER CERTiFICATION
I certify that, to the best of my knowledge and belief:
The statements of fact contained in this report are true and correct.
The reported analyses opinions, and conclusions are limited only by the reported
assumptions and limiting conditioiis, and are my personal, impartial and unbiased
professional mialysis, opinions, and conclusions.
I have no present or prospective interest iri the property that is the subject of this
report, and personal interest witli respect to the parties involved.
I have no bias with respect to the property that is the subject of this report or to
the parties involved with this assignment.
My engagement in this assignment was not contingent upon developing or
reporting predetermined results.
My compensation for completing this assignment is not contingent upon tlie
development or reporting of a predetermined value or direction in value that
favors the cause of a client, the amount of the value opinion, the attainment of a
stipulated result, or the occurrence of a subsequent event directly related to the
intended use of this appraisal.
My analyses, opinions, and conclusions were developed, and this report has been
prepared, in conformity with the Uniform Standards of Professional Appraisal
Practice.
1 have made a personal inspection of the property tliat is the subject ofthis report.
No one provided significant professional assistance to the person signing this
report.
Prior Services: The subject property has not been previously appraised by
Agri/Com Appraisals in the last three years.
'-,,.y -42
James N McCullough
Certified General Appraiser
State of Washington
License NumberllOl891
-34-
Moses Lake Council packet 2-8-22, Page 47 of 252
Aerial Map
Salo #2
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Mapa Pmmed By'
al%nDgla,Inc 2tl2i wwwAinDablnc.com
PIIIITI hnrntip nmvirlsrl hV Fnmi Flpnkip Ansniiii titi nt flej rinnn
Map Center: 47a 8' 35.57, -1 19o 17' 40.58
27-19N-28E
Grant County
Washington
-35-
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8/31/2021
Moses Lake Council packet 2-8-22, Page 48 of 252
QUALIFICATIONS
J AMES N MCCULLOUGH
CERTIFICATION
State Certified General Appraiser - License Number 1101891
EDUCATION
North Idaho College, 1989-1991
ADVANCED EDUCATION - APPRAISAL
American Society of Farm Managers and Rural Appraisers
* FundamentalsofAppraisal(A-10)
* Principles of Rural Appraisal (A-20)
* Advanced Rural Appraisal (A-30)
* Code of Ethics & Uniform Standards of Professional Practice (A-12)
* Basic Appraisal Principals (AP593/C4624)
* Basic Appraisal Procedures (API 743)
* General Appraiser Income Approach - Pait I and Pait II
* Appraising Agricultural Land In Transition (AP1400)
* Best Practices for Rural Property Appraisals
* Best in Business Ethics
* Key Issues of Grain Elevator Valuation
* Going Concern Value and Intangible Assets
* Introduction to the Valuation of Permanent Plantings
* Appraisal of Water Rig)its
EMPLOYMENT
1991 - 1993 Dock Forman - Columbia Potato - Moses Lake, Washington
1993 - 2000 Faim Manager - Columbia Potato-Moses Lake, Washington
2000 - 2004 Small Business Owner - Postal Connections, Moses Lake, Washington
(Packaging, Shipping and Mailing)
2004 - Present Agri/Com Appraisals, Moses Lake, WA
-36-
Moses Lake Council packet 2-8-22, Page 49 of 252
APPRAISAL EXPEfflNCE
Agricultural
* Irrigated Farms in the Columbia Basin Irrigation Project
* Deep Well Irrigated Farms in Eastern Washington
* Orchards - Chelan, Douglas, Okanogan, Grant, Adams, Franklin, Yakima &
Benton Counties
* Vineyards - Concord & Wine
* Dry Land Fani"is
* Dairies
* Ronclies
* Storage Facilities - Potato, Onion and Apple
* Part Time Farm & Rural Residences
Commercial
* Automotive Shops
@ Restaurants
* Bowling Alleys
* Medical Offices
* Banks
* Law Offices
@ Schools
@ RV ParkS
@ Mini Storages
* Office Buildings
* Driving Range
* Mini Mart / Gas Station
* Local Improvement District
* Bare Commercial Lands
* Various Industrial Buildings
-37-
Moses Lake Council packet 2-8-22, Page 50 of 252
PART'lAL CLIENT LAST
AgAmerica Lending Jim Pruitt: (863) 607-9500
AmericanWestBank Brett Heidel: (509) 279-1307
Bank of America Mike Van Horn: (509) 209-4162
Clifton Larson Allen, CPA's Bill Blue: (509) 765-1281
Columbia State Bank
Dano Law Firm
John Bartels: (509) 363-8915
Scott Galbreath: (509) 543-1242
Brian J Dano: (509) 765-9285
Farm Service Agency
Lukins & Annis PS
Everett W Purrington: (509) 754-2463
Gerald A Rein, Attorney at Law: (509) 765-9555
Larson Fowles
Rabo Agrifinance, Inc.
Attomeys at Law: (509) 765-6700
Mark Stoltz: (509) 371-2609
Ries Law Firm
tr.s. Bank
Chris Ries (509) 765-4437
Tyler Brown: (509) 765-7586
Washington Trust Bank Chera Anderson: (509) 765-7811
-38-
Moses Lake Council packet 2-8-22, Page 51 of 252
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Moses Lake Council packet 2-8-22, Page 52 of 252
EXHIBIT 'B'
A PORTION OF N)E % OF THE ff %t OF SECTION 15, TOaTgHIP 111 NORTH, RANGE BB IAET, 734. iMOSES LAKE, GRANT COUNTY, NASHIN(.TON '
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Moses Lake Council packet 2-8-22, Page 53 of 252
CAJ) HOME8' KNOLLS VISTA MAJOR PLAT
BLANCHET AVENUE
That portion of the city street right of way for Blanchet Avenue, described as Sixth Avenue on the plat of
Park Orchard Tracts recorded December 4, 1914, page 36, Acreage Plat Book, lymg east of the easterly
right of way boundary of the city street known as Grape Drive and west of westerly plat boundary of
Knolls Vista - Thirteenth Addition recorded under Grant County Auditor's File Number 226547 on July 29,
1954; All of said city street right of way Is located in the northeast quarter of the southwest quarter of
Section 15, Township 19 North, Range 28 East, W.M., City of Moses Lake, County of Grant, State of
Washington as shown on the attached Exhibit 'B' and Is more generally descrlbed as follows:
Beginning at the westerly most corner of Lot 6 of Knolls Vista - Sixteenth Addition recorded under Grant
County Auditor's File Number 244613 on May 2, 1955; thence North 27o45'50" West, colncldent with the
said easterly right of way boundary of Grape Drive, a distance of 60,00 feet to a point on the south
boundary line of Tract 23 of said Park Orchard Tracts; thence North 62ol4'26" East a distance of 628.89
feet to the westerl7 boundary line of sald Knolls Vista - Thirteenth Addition and the southeast corner of
Tract 23 of said Park Orchard Tracts; thence South 00olO'25" West, coincident with the said westerly
boundary, a distance of 67,91 feet to a plat corner of said Knolls Vista - Thlrteenth Addition; thence South
62ol4'26" West, coincident with the plat boundary of said Knolls Vista - Thirteenth Addltlon and the
prolongation of the northerly boundary of said Knolls Vista - Sixteenth Addition, a distance of 597,07 feet,
to the POINT OF BEGINNING;
Containing O.8443 Acres, more or less.
Moses Lake Council packet 2-8-22, Page 54 of 252
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Moses Lake Council packet 2-8-22, Page 55 of 252
ORDINANCE NO. 2424
AN ORDINANCE VAC!ATING A PORTION OF BLANCHE:T AVENUE
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS:
That portion ofBlanchetAvenue, formerly known as Sixth Avenue, dedicated on the Plat ofPark
OrchardTracts,PerGrantCountyPIatrecordsBook'l,Page36iocatedintheSWl/4, Section
"l 5, Township 19 North, Range 28 East. W.M.i City of Moses Lake, Grant County, Washington,described as follows:
Beginning atthewestcornerofLot6,KnollsViata-SixteenthAdd,,perGrantCountyPlatrecords
Book 6, Page 22, thenm North 62"12'40" East, 543.65 feet, along the northwesterly 11ne of
Knolls Vista-Sixteenth Add, and the.northwesterly line ofLot27, Knolls Vista-thirteenth Add,, per
Grant County Plat records Book 6, Page 36 to the north corner of said Lot 27; thence North38'l8'23" East, 80.28 feet, to the southwest corner of Lot 26, Knolls Vista-Thirteenth Add.,
thence 'North 00"09'10" Easl 28.22 feet, along the west line of said Lot 26; thence Southe2al2'40' West, 629.(XI feet, :to the easterly right-of-way line of Grape Drive; thence South
27o47'2p" East, 60,00 feet, along said right-of-way llne, to the point of beginning,
Containing O,82 acres more or less.
Retaining a 10.00 footwlde public utility easement coincident to the southeasterly, and east lineof said street vacation, and:
Retaining a 80,00 foot wide munk,ipal easement 30.00 feet on each side of the followingdescribed centerline:
Commencing atthe north corner of Lot27, Knolls Vista-Thirteenth Add,, thence North 38ol8'23"
East, 40.14 feet to the extended centerline of Plne Drive formerly known as Dogwood Road, asshown on said Knolls-Vista-Thirteenth Add,, to tm point of beginning; thence North 48o56'20"
West, 45.53 feet, along said extended centerline, to the northwesterty line of Blanchet Avenueand the centerline terminus.
7. ThiS ordinance 8tialt take effeCt and be In force fiVe (5) oayS mter itS passage and publicationof its summary as provided by law.
Adopted by the City Council and signed by Its Mayor on Nnvember ?Fi, ?nFl
ATTEST:Ronald C. Covey, layor
APPROVED AS TO FORM:
Moses Lake Council packet 2-8-22, Page 56 of 252
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Moses Lake Council packet 2-8-22, Page 57 of 252
SUBJECT PHOTO #1
Looking North Up N Grape Drive
Looking South Down N Grape Drive
Looking East From the West Edge of Blanchet Vacation
Moses Lake Council packet 2-8-22, Page 58 of 252
SUBJECT PHOTO #2
West Edge of Blanehet Vacation
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Blanchet Vacation
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F,ast Side of Blanchet Vacation
Moses Lake Council packet 2-8-22, Page 59 of 252
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Moses Lake Council packet 2-8-22, Page 60 of 252
SUBJECT PHOTO #4
South Looking North Up W Pine Drive
North Looking South Down W Pine Drive
Moses Lake Council packet 2-8-22, Page 61 of 252
MOSES LAKE CITY COUNCIL January 25, 2022
EXECUTIVE SESSION
Mayor Hankins called an Executive Session at 6:30 p.m. to be held for 30 minutes pursuant to RCW 42.30.110(1)(i) to discuss potential litigation.
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 7:00 p.m. by Mayor Hankins with audio remote access. Special notice for attendance and citizen comment were posted on the meeting agenda.
ROLL CALL
Present: Mayor Hankins; Deputy Mayor Myers; Council Members Eck, Swartz, Martinez, and Fancher. Council Member Madewell attended remotely.
PLEDGE OF ALLEGIANCE
Mayor Hankins led the Flag Salute. OATH OF OFFICE
City Clerk Debbie Burke administered the oath of office to Mayor Hankins.
AGENDA APPROVAL
Action taken: Council Member Eck moved to approve the Agenda as presented, second by Deputy Mayor Myers. The motion carried 7 – 0.
SUMMARY REPORTS
MAYOR’S REPORT
Lodging Tax Advisory Committee Appointment Council authorized the change for Mayor Hankins to Chair the LTAC during the approval of Council Committee Assignments on January 11.
CITY MANAGER’S REPORT
AWC Worker’s Comp Pool Report The City is getting a refund of $67,745 from the Worker’s Comp Retro Pool from 2018. Additionally, Public Works has put together a safety committee, and Human Resources
Director Shannon Springer is working on a citywide committee. Legislative Agendas Statewide and local lists of legislative priorities were provided in the Council Packet. Council Members are encouraged to participate with the Association of Washington
Cities Action Days. Critical areas are police reform, infrastructure funding and
opportunities for maintaining our sources of funding.
Moses Lake Council packet 2-8-22, Page 62 of 252
CITY COUNCIL MINUTES – January 25, 2022
pg. 2
Housing Program Update Nokey Pando, an Advocate Case Manager with HopeSource at the Open Doors Sleep Center, provided statistics of having served over 296 unique individuals. 266 of those
enrolled in available services, have reunified with family and maintained employment.
He also shared three success stories of people who have used the sleep center. Chief Kevin Fuhr noted that out of 18,700 calls that officers were dispatched to in 2021, that only 62 were related to the Sleep Center. Of those incidents, eight were criminal
misdemeanors and 19 were trespassing issues. There were four incidents at the El Rancho
Motel (transitional housing) in the six months that it has been open. City Manager Allison Williams provided a PowerPoint presentation on the concept of a transformational campus and a City owned property identified as an option for its
location. Staff proposed a feasibility analysis to look at the needs of our homeless and
low-income populations to determine what could be co-located in order to provide the services that are needed to assist the population. The first need is to relocate the Sleep Center, as the lease only runs through September 2023.
Carol Spurrier, R. Fode, Mary Anderson, Warren Small, Michael Waldorff, Carol
Hanson, Rian Allred, Kevin Starcher, Lance Hope, and Connie Buescher all spoke in opposition of the campus mainly related to the homeless population, cost and proposed location next to businesses, bus stops, and neighborhoods.
Action taken: Council Member Eck moved to postpone the vote on the RFP Feasibility Study
until the next Ad Hoc Homeless Committee meets, second by Council Member Swartz. The motion carried 7 – 0. CONSENT AGENDA
#1 a. City Council meeting minutes dated January 5 and January 11, 2022 b. Claim ACH 104-111 in the amount of $788,608.63 and Checks 154866 – 154954 in the amount of $640,595.92; Payroll Checks 64196 through 64202 in the amount of $2,812.38; Payroll Checks 64188-64195 were voided; and Electronic Payments dated January 21, 2022, in the amount of $495,489.24.
c. Extend Wireless Facilities Interim Controls Ordinance 2999 d. Grant County PUD Easement Resolution 3878 e. Payoff Limited Tax General Obligation Bond f. Accept Sewer Lining Project
Action taken: Council Member Eck moved to approve the Consent Agenda as presented, second by Council Member Fancher. The motion carried 7 – 0. OLD BUSINESS
#2 Employee Handbook Resolution 3874 The individual employee policies have been combined, missing policies add, and updated others to current laws in a single handbook. This allows for uniformity and a single
Moses Lake Council packet 2-8-22, Page 63 of 252
CITY COUNCIL MINUTES – January 25, 2022
pg. 3
location for employees to reference commonly requested information. Employees will be responsible for reading and understanding the handbook.
Action taken: Council Member Martinez moved to adopt Resolution 3874 as presented, second
by Council Member Eck. The motion carried 7 – 0. NEW BUSINESS
#3 Purchasing Policies Resolution 3879 The Purchasing Policy and Procedures Manual will serve as a guide for staff on basic
procurement and contracting requirements as set forth in the Washington State statutes
and local policies. This will help to ensure the City is receiving maximum value for the products and services received and assure fiscal responsibility in the purchasing process.
Action taken: Council Member Eck moved to adopt Resolution 3879 as presented, second by Mayor Hankins. The motion carried 7 – 0.
#4 Award Tana Lift Station Upgrade Farmer’s Electric was the apparent low bidder at 13.7% over the engineer’s estimate. Due to the current bidding conditions, specifically materials pricing changes, staff recommends to award the bid.
Action taken: Deputy Mayor Myers moved to award of the Tana Lift Station upgrade as presented, second by Council Member Swartz. The motion carried 7 – 0. ADMINISTRATIVE REPORTS
Hayboy Farms Water Rights Pursuit
Staff will pursue temporary water rights from the Bureau of Reclamation or provide temporary City water. A range of 30 to 60 acre-feet of water would be needed.
Extra Territorial Agreement Policy Discussion Staff is working on a proposed amendment to Resolution 3509 relating to a process for
approval and implementation of long-term regulations for concurrency, as well as
evaluation on existing ETA’s. Drone Policy Discussion Staff is developing a Drone Policy to set standards for implementation of aerial photos to
overlay CAD work and for project inspections. The Municipal Services Department has two employees with current FAA licenses. Larson Recreation Center Project Update
Construction started in April 2021 with demolition of the old Larson Recreation Center.
Contractors were on schedule until August when delays with steel supplies hit. The recent inclement weather and more steel supply issues has pushed the expected completion to October. A new construction timeline will be out next week.
Moses Lake Council packet 2-8-22, Page 64 of 252
CITY COUNCIL MINUTES – January 25, 2022
pg. 4
Parks & Recreation Comp Plan Update The update of the Comprehensive Plan started in April of 2021. Staff gathered information through stakeholder interviews, focus groups, and a citizen survey. The
survey was open from June through August and received 650 respondents. Staff is
anticipated to present a draft on March 8 to Council and March 9 to the Parks Board, with Council adoption on March 22. Moses Lake Community Coalition 4th Quarter Report
The Moses Lake Community Coalition’s 4th Quarter report was included in the packet. B&O Tax Credit Increase Legislature has increased the amounts available for local communities through the B&O tax credit for Main Street grant. The City gets a 75% credit for what we contribute. The
City’s utilities pay B & O tax and receive a 75% credit for this program. There was a
consensus from Council for the City Manager to increase 2022 investment from $20,000 (budgeted) to $50,000 for the Moses Lake Downtown Association. COUNCIL COMMUNICATIONS AND REPORTS
Council Member Madewell thanked the City Clerk’s Office for going above the standard duty to
keep her informed with the remote access to Council Meetings the last few weeks. Deputy Mayor Myers reported on the end of year report for Grant Transit Authority. He said their budget and fleet are looking good and they are in a better financial position than a couple of
years ago. They are focusing on getting routes back up to speed and where they need to be
servicing, and they are rebuilding ridership and expanding routes as needed. ADJOURNMENT
The regular meeting was adjourned at 9:00 p.m.
______________________________________ Dean Hankins, Mayor
ATTEST____________________________________ Debbie Burke, City Clerk
Moses Lake Council packet 2-8-22, Page 65 of 252
To: Allison Williams, City Manager
From: Wendy Parks, Accounting Manager
Council Meeting Date: February 8, 2022
Proceeding Type: Consent Agenda
Subject: Disbursement Report since January 25, 2022, Council Meeting
The following amounts were budgeted and sufficient funds were available to cover these payments:
Electronic Transfers 112 – 121 $ 288,915.07 Checks 154955 – 155133 $1,793.000.56 Payroll Checks 0064203 – 0064209* $ 2,963.83 Electronic Payments Payroll ACH – 02/04/2022 $ 480,981.70 Summary
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 has 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 its processes to ensure appropriate internal controls are in place.
Moses Lake Council packet 2-8-22, Page 66 of 252
Moses Lake Council packet 2-8-22, Page 67 of 252
Moses Lake Council packet 2-8-22, Page 68 of 252
Moses Lake Council packet 2-8-22, Page 69 of 252
Moses Lake Council packet 2-8-22, Page 70 of 252
Moses Lake Council packet 2-8-22, Page 71 of 252
Page 1 of 2
STAFF REPORT
To: Mayor and City Council
From: Allison Williams, City Manager
Date: February 2, 2022
Proceeding Type: Consent Agenda
Subject: Extension of Due Diligence Period for Water Right PSAs
Legislative History: Financial Impact:
• First Presentation: January 2020 Budgeted Amount: N/A
• Second Presentation: March 2020 Unbudgeted Amount:
• Action: Motion Total Cost:
Overview
The City has been working to develop new sources in the shallow Moses Lake aquifer to build
source redundancy as a hedge against long-term reliability issues in the deep Moses Lake aquifer
that currently supplies the City. This strategy included confirmation of authority of long-standing
City water right claims (appeal process now complete) and purchasing and transferring existing
water rights in that aquifer for the City’s municipal use. City Council previously authorized
purchases which are now proceeding through Ecology review and approval. An addendum is
required for the purchases identified below in order to provide time to allow for the process to
be finalized. The purchases are:
1. Herring PSA #1: Purchase of up to 274.5 afy at $2,500 / afy of Certificate 766(D) for a
total purchase price of $686,250. (Ratified January 2021)
2. Herring Farm NWQ, LLC: Purchase of up to 337.5 afy at $2,500 / afy of Certificate
765(D) for a total purchase price of $843,750. (Authorized March 2021)
The original purchase and sale agreements initiated the process in which the City put a portion of
the purchase price in escrow, and the balance will be due on a per acre-foot basis approved by
Ecology up to the full amount of the water right at Closing. There is a 60 day due diligence period
and then Closing was expected to follow within 12 months following Ecology review. Ecology
approval is a contingency for the purchase to move forward. With the 12 month time period
now coming up, staff is requesting an addendum for each PSA to extend the closing to allow for
the additional time needed to get through Ecology review (November 2022).
Moses Lake Council packet 2-8-22, Page 72 of 252
Page 2 of 2
Fiscal and Policy Implications
This is only an extension of the period of closing, thus no fiscal impact.
Council Packet Attachments
A. Addendum for 765(D)
B. Addendum for 766(D)
Finance Committee Review N/A
Legal Review
Type of Document Title of Document Date Reviewed
Addendums Herring Water Rights PSA January 2022
Options
Option Results
• Authorize extension Water right purchases proceed
• Provide staff with changes Staff would follow requested changes
• Take no action Purchase and Sale agreements will lapse
Action Requested
Motion to approve the Purchase and Sale Addendums for water right purchases 765(D) and
766(D).
Moses Lake Council packet 2-8-22, Page 73 of 252
FIRST ADDENDUM TO WATER RIGHT PURCHASE AND SALE AGREEMENT
This First Addendum to the Water Right Purchase and Sale Agreement dated March 12, 2021 (herein,
“Agreement”) is made and entered into effective January 1, 2022, (”Effective Date”) by and between
Herring Farm NWQ, LLC, a Washington limited liability company ("Seller"), and the City of Moses Lake,
Washington, a municipal corporation (“the City” or “Moses Lake” or “Buyer”).
In consideration of the mutual promises and obligations set forth herein, the parties agree to amend the
Agreement as follows:
1. SELLER and BUYER agree that the closing date for the purchase of this property shall
be extended to no later than November 1, 2022.
2. SELLER and BUYER agree that all other terms and conditions of the WATER RIGHT
Purchase and Sale Agreement dated March 12, 2021, shall remain in full force and effect.
In Witness Whereof, the parties hereto execute the Addendum to be effective on the Effective Date
stated above.
BUYER SELLER
_____________________________ ________________________________
By: Allison Williams, City Manager By: Dan Herring, owner/member manager
________________________________
By: Robin Herring, owner/member manager
Moses Lake Council packet 2-8-22, Page 74 of 252
STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that Robin Herring of Herring Farm, NWQ,
LLC is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as Owner and acknowledged it to be her free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED:_____________________, 2022. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington,
residing at:___________________________
My commission expires:________________
STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT )
I certify that I know or have satisfactory evidence that Dan Herring of Herring Farm, NWQ, LLC is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as Owner and acknowledged it to be his free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED:_____________________, 2022. ____________________________________
____________________________________
Notary Type or Print Name NOTARY PUBLIC for State of Washington,
residing at:___________________________ My commission expires:________________
Moses Lake Council packet 2-8-22, Page 75 of 252
STATE OF WASHINGTON )
) ss.
COUNTY OF GRANT )
I certify that I know or have satisfactory evidence that Allison Williams is the person who appeared
before me and said person acknowledged that she signed this instrument, on oath stated that she was
authorized to execute the instrument and acknowledged it as City Manager of the City of Moses Lake,
and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned
in this instrument.
DATED:_____________________, 2022.
____________________________________
____________________________________
Notary Type or Print Name
NOTARY PUBLIC for State of Washington,
residing at:___________________________
My commission expires:________________
Moses Lake Council packet 2-8-22, Page 76 of 252
FIRST ADDENDUM TO WATER RIGHT PURCHASE AND SALE AGREEMENT
This First Addendum to the Water Right Purchase and Sale Agreement dated December 23, 2020
(herein, “Agreement”) is made and entered into effective January 1, 2022, (”Effective Date”) by and
between Herring Farm NWQ, LLC, a Washington limited liability company ("Seller"), and the City of
Moses Lake, Washington, a municipal corporation (“the City” or “Moses Lake” or “Buyer”).
In consideration of the mutual promises and obligations set forth herein, the parties agree to amend the
Agreement as follows:
1. SELLER and BUYER agree that the closing date for the purchase of this property shall
be extended to no later than November 1, 2022.
2. SELLER and BUYER agree that all other terms and conditions of the WATER RIGHT
Purchase and Sale Agreement dated December 23, 2020, shall remain in full force and effect.
In Witness Whereof, the parties hereto execute the Addendum to be effective on the Effective Date
stated above.
BUYER SELLER
_____________________________ ________________________________
By: Allison Williams, City Manager By: Dan Herring, owner/member manager
________________________________
By: Robin Herring, owner/member manager
Moses Lake Council packet 2-8-22, Page 77 of 252
STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT ) I certify that I know or have satisfactory evidence that Robin Herring of Herring Farm, NWQ,
LLC is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as Owner and acknowledged it to be her free and voluntary act of such party for the uses and purposes mentioned in the instrument.
DATED:_____________________, 2022. ____________________________________ ____________________________________ Notary Type or Print Name NOTARY PUBLIC for State of Washington,
residing at:___________________________
My commission expires:________________
STATE OF WASHINGTON ) ) ss. COUNTY OF GRANT )
I certify that I know or have satisfactory evidence that Dan Herring of Herring Farm, NWQ, LLC is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as Owner and acknowledged it to be his free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED:_____________________, 2022. ____________________________________
____________________________________
Notary Type or Print Name NOTARY PUBLIC for State of Washington,
residing at:___________________________ My commission expires:________________
Moses Lake Council packet 2-8-22, Page 78 of 252
STATE OF WASHINGTON )
) ss.
COUNTY OF GRANT )
I certify that I know or have satisfactory evidence that Allison Williams is the person who appeared
before me and said person acknowledged that she signed this instrument, on oath stated that she was
authorized to execute the instrument and acknowledged it as City Manager of the City of Moses Lake,
and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned
in this instrument.
DATED:_____________________, 2022.
____________________________________
____________________________________
Notary Type or Print Name
NOTARY PUBLIC for State of Washington,
residing at:___________________________
My commission expires:________________
Moses Lake Council packet 2-8-22, Page 79 of 252
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: David Bren, PE, Municipal Services Director
Date: February 1, 2022
Proceeding Type: Consent Agenda
Subject: Village Park Utility Access Easement Resolution
Access to City Water Meters on Private Property
Legislative History: Financial Impact:
• First Presentation: February 8, 2022 Budgeted Amount: N/A
• Second Presentation: Unbudgeted Amount: N/A
• Action: Motion Total Cost: N/A
Background
The Village Park Binding Site Plan #2
Amendment was processed with the goal of
creating one additional lease space to
Village Park mobile home park. The Binding
Site Plan developments typically contain
city-owned water meters throughout
private property. When a new Binding Site
Plan or Amendment is processed, current
city policy requires staff to prepare and
record a Utility Access Easement to allow
staff to legally access the site to maintain,
service and read the water meters.
Following this recent Binding Site Plan Amendment, a Utility Access Easement was prepared,
signed & notarized, and then recorded at Grant County Auditor. The easement document is
presented to council for acceptance.
The publicly owned water meters are the responsibility of the City of Moses Lake to operate
and maintain. City Staff needs an easement to legally conduct water meter operations on
private property.
Moses Lake Council packet 2-8-22, Page 80 of 252
Page 2 of 2
Fiscal and Policy Implications
The long-term operation and maintenance of the water meters is a fiscal consideration.
Attachments
A. Resolution to Accept Easement
B. Recorded Easement Document
C. Vicinity Map
D. Binding Site Plan Map (3 Sheets)
Finance Committee Review
N/A
Legal Review
N/A
Options
Option Results
• Adopt the resolution to accept the
easement
Authorizes the acceptance of the easement so
staff can maintain city-owned water meters
• Require addition information Staff will research and provide additional
information to support Council actions.
• Take no action Staff will not have legal access to maintain city-
owned meters.
Staff Recommendation
Staff recommends that the City Council adopt the Resolution accepting the Utility Access
Easement.
Moses Lake Council packet 2-8-22, Page 81 of 252
Page 1 of 3
STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: January 29, 2022
Proceeding Type: Consent Agenda
Subject: Drone Policy for City Departments Resolution
(Except the Police Department)
Legislative History: Financial Impact:
• First Presentation: January 25, 2022 Budgeted Amount: N/A
• Second Presentation: February 8, 2022 Unbudgeted Amount: $ 2,500
• Action: Motion Total Cost: $ 2,500
Overview
The Municipal Services Department is expanding
its Engineering and Surveying capabilities by
implementing drone operations. With the
adoption of a City Drone Policy, it will allow the
Engineering Department to fly drones for 4k
imagery, surveying, and inspections.
The high-quality data collected from these drone
operations will aid the Engineering Department
in many areas. Drone date includes:
4k Images: Provide high quality orthophotos, inspections, construction progress reports, and to
capture points of interest that would otherwise be inconvenient, hard to reach, or dangerous for
humans.
High Quality Videos: Present site conditions to people, within minutes, without needing them to
visit the site. Also, can be used to show finished projects on the City website and Council Reports.
Orthophotos: Provides a high-quality overall image of the entire site regardless of size, can be
used behind AutoCAD linework to accurately represent current day site conditions.
Point Clouds: Used to generate survey grade topographic maps.
PHANTOM 4 PRO V2
Moses Lake Council packet 2-8-22, Page 82 of 252
Page 2 of 3
Fiscal and Policy Implications
The new Phantom 4 Pro version 2 with supporting kit will cost $2,500 for the Engineering
Department. The long-term operations, training, and maintenance is also fiscal consideration.
Council Packet Attachment
A. Resolution Drone Policy
B. Drone JSA
Finance Committee Review
N/A
Legal Review:
Type of
Document
Title of Document Date Reviewed by Legal
Council
• Policy • City Drone Policy February 1, 2022
ENGINEERING EXAMPLE:
DRONE GENERATED CONTOURS AND ORTHOPHOTO
Moses Lake Council packet 2-8-22, Page 83 of 252
Page 3 of 3
Options
Option Results
• Adopt Drone Policy Engineering department will purchase a Phantom 4
Pro V2 and integrate drone products into their
workflow.
• Review & Comment Update the proposed policy per Council comments
and feedback.
• Reject the Policy Do not allow City led drone projects. Utilize
consultants for the needed Drone work.
Action Requested
Staff recommends adopting a City Drone Policy, so that drone products can be readily integrated
into projects workflow.
It should be noted that policy adoption will not apply to the Police Department. The Police
Department will have a completely separate drone policy from the rest of the City Departments.
Moses Lake Council packet 2-8-22, Page 84 of 252
RESOLUTION 3881
A RESOLUTION OF THE CITY COUNCIL OF THE CITY MOSES LAKE, WASHINGTON, ESTABLISHING A DRONE POLICY Recitals:
1. The Municipal Services Director requested staff to establish a Drone usage policy for all
City Departments, except the Police Department. 2. Staff created a single Drone policy based on former policies, sample policies from other cities, and in accordance with current state and federal laws.
3. The intent of the Drone policy is to utilize the technology for City functions, only by specially licensed and authorized staff, under a usage policy that is consistent with all state and federal laws. Resolved: 1. The City Council approves the attached Drone Policy.
2. These policies will prevail over conflicting policies previously approved by the City Manager or adopted by the City Council.
ADOPTED by the City Council of the City of Moses Lake on this 8th day of February 2022.
Dean Hankins, Mayor
ATTEST:
Debbie Burke, City Clerk
Moses Lake Council packet 2-8-22, Page 85 of 252
City of
Moses Lake
Drone Policy
Moses Lake Council packet 2-8-22, Page 86 of 252
Table of Contents
PURPOSE AND SCOPE .................................................................................................................................................................... 3
POLICY STATEMENT ....................................................................................................................................................................... 3
DEPARTMENT USES ....................................................................................................................................................................... 4
POLICY REQUIREMENTS ................................................................................................................................................................. 5
ROLES AND RESPONSIBILITIES ....................................................................................................................................................... 6
Moses Lake Council packet 2-8-22, Page 87 of 252
CML EMPLOYEE DRONE POLICY
Proposal
The City of Moses Lake (“City”) is dedicated to embracing technologies that help improve its services while
protecting the safety of its residents. The use of drones in the public interest is expected to benefit
residents and visitors to the City through the more efficient use of City resources.
PURPOSE AND SCOPE
This Drone Policy (“Policy”) is intended to guide employees and contractors of participating departments
with approved drone programs. The term “drone” means an unmanned aircraft flown by a pilot via a ground
control system, or autonomously using an on‐board computer, communication links or any other additional
equipment.
This Policy applies to all departments participating in the City’s drone program, including employees,
contractors, and volunteers. Elected officials, employees, consultants, volunteers, and vendors while
working on behalf of the City are required to comply with this Policy.
Due to the nature of their work, the Police Department is not required to use this policy in its entirety. The
Police Department will adopt a separate policy that is consistent with all state and federal laws.
POLICY STATEMENT
The City’s Drone Policy requires each participating department to adopt a policy that reflects the requirements
described in this document. Participating departments may add requirements to their drone policies, but may
not remove any requirement in this document. All drone policies shall comply with all applicable laws and all
uses shall be limited to authorized uses. “Authorized use cases” shall be established by each participating
department and shall be subject to approval by the Municipal Services Director or Senior Remote Pilot in
Command. All policy changes must be approved by the Senior Remote Pilot in Command and the Municipal
Services Director before implementing.
The departmental drone policy must be reviewed and signed by all drone operators and contractors in
the participating department, and by any individuals with access to the drone data that may contain
personal identifiable information. “Personal identifiable information” is information that can be used
to distinguish or trace an individual’s identity, either alone or when combined with other personal or
identifying information that is linked or linkable to a specific individual.
Engaging in the unauthorized use of drones or activities that are inconsistent with this Policy may subject an
officer or employee to discipline, up to and including termination of employment or removal from office, as
well as to applicable monetary fines and penalties. A contractor who operates a drone on behalf of the City in
violation of this policy may be found to have materially breached its contract and may also be subject to
applicable monetary fines and penalties. Nothing in this Policy shall modify or reduce any due
process rights provided pursuant to the employee’s collective bargaining agreement.
Moses Lake Council packet 2-8-22, Page 88 of 252
Every operator of a City drone must have a current remote pilot certificate with a sUAV rating issued by the FAA before
operating a City drone. The operator must file a copy of the certificate with the Municipal Services Director and must
have the certificate easily accessible whenever operating a City drone. The City retains the right to require additional
training to make operators aware of changes in policy, legal requirements, or equipment.
DEPARTMENT USES
Fire Department Disaster Response: Assessment and District Surveys
Emergency Response: Building Fire Reconnaissance
Search & Rescue: Aerial or water borne drones.
Training: Assessment and evaluation of emergency response operations.
Community
Development
Construction Management: Inspection of project sites for contract and environmental compliance.
Environmental Monitoring & Documentation: Inspection of vegetation type and health,
wildlife, streams/reservoirs.
Inspections: Surveys and assessments of Community Development properties and assets.
Marketing and Public Outreach: Capture of video and still images of Community Development
infrastructure and facilities to produce media for education and outreach purposes.
Public Works Construction Management: Inspection of projects, documentation of areas of erosion and
production of informational materials for progress reports and completed projects.
Disaster Response & Recovery: Capture of aerial views and reconnaissance of affected
natural areas, properties, roadways, or assets in the event of a disaster.
Environmental Monitoring: Assessment of the condition and health of City‐owned street trees.
Inspections: Survey and inspection of bridges, building exteriors and facades, rooftops, or assets
located in difficult to reach areas, including solar panels and roof mounted AC units.
Surveying & Mapping: Public Asset management for all topographic mapping projects, provision of
base imagery for topographic data collection, creation of supplemental Digital Elevation Models,
support of field work, review of as‐built plans, and inspection of inaccessible or hazardous
locations.
Parks & Recreation Construction Management: Inspection of Parks & Recreation project sites for contract and
environmental compliance.
Disaster Response & Recovery: Inspection of properties, facilities, and assets during and after
disasters.
Environmental Monitoring: Review of flora and fauna type and health, spills and leaks, erosion.
Inspections: Surveys and assessments of Parks & Recreation properties, facilities, and assets.
Mapping: Digital elevation models, land use maps, 3D models, contours.
Marketing: Capture of video and still photographs.
SPECIAL NOTE: The Police Department is not required to use this policy in its entirety. The Police Department will
adopt a separate policy that is consistent with all state and federal laws.
Moses Lake Council packet 2-8-22, Page 89 of 252
POLICY REQUIREMENTS
The privacy and safety of Moses Lake residents, businesses, and visitors are the top priorities of this Policy.
Department policies must be consistent with this Policy and must comply with all City, State, and Federal laws
and regulations, and with all state and federal Constitutional guarantees. This includes all Federal Aviation
Authority (FAA) for the registration and use of UAS by the City. To review FAA requirements for the
registration and use of drones by the City, please refer to: https://www.faa.gov/uas/
Specifications: Each City drone must have a global positioning system. The software and/or firmware used
to operate the drone must be up to date and maintained.
Safety: Drones must be operated in a safe manner. City drones should not be operated in a way
that causes personal injury or property damage. Drones may not have features or be used
in a way that distracts drivers or other aircraft.
Personnel shall not remove, dismantle, or tamper with any hardware or software
component of the drones.
Drone pilots must complete a Job Safety Analysis (JSA) before every flight mission.
Everyone involved with the drone operation must read through and sign the JSA before
flight.
Drones that lose GPS signals should be set to hover in place. Additionally, drones that lose
signals to their remote operator or when low power is detected should be set to return to
home/origin.
Training: Drone operators must obtain remote pilot certifications from the FAA and must comply
with all other FAA requirements. Additional training will be done for any new pilot in
the City, training will include procedures for flight planning, drone setup, and tests for
each flight scenario.
Notification: Departments shall notify the public of all drone operations at least 24 hours in advance via
City website and social media. Department notifications shall include flight summary
information.
NOTE: Pre‐notification is not required when drones are used for emergency authorized
uses. In those situations, flight summary information must be submitted within 48 hours
after the operation.
Prohibited Zones: Drones may not be used within five miles of an airport or in any
FAA no‐fly zone unless approved by the appropriate authority. City drone operations
must comply with FAA rules.
Drone Pilots may not fly over any area that has the possibility of someone or moving
vehicles entering the flight zone, or any area that is not closed off to the public. FAA
specific waivers must be obtained before any flight over people or moving vehicles,
and drone pilots must comply with the limitations of the specific waiver(s).
Privacy: UAS operators shall not intentionally record or transmit images of any
location where a person would have a reasonable expectation of privacy (e.g., inside a
house or fenced yard). Operators shall take reasonable precautions to avoid
inadvertently recording or transmitting images of areas where there is a reasonable
expectation of privacy.
Moses Lake Council packet 2-8-22, Page 90 of 252
ROLES AND RESPONSIBILITIES
1. Departments participating are required to adopt a policy that reflects the requirements iterated in this
document. The departmental drone policy must be reviewed and signed by all drone operators in
participating departments, and any individuals with access to drone data that contains personal
identifiable information. All drone policies must be submitted to the Municipal Services Director or
designee for approval prior to implementation.
2. Discipline: Engaging in unauthorized use of City drones or violations of this policy may result in
discipline, up to and including termination of employment, as well as to applicable monetary fines and
penalties.
3. Drone Advisory Committee will review and evaluate Department authorized use cases and provide
recommendations to City drone pilots on the continued use of drones. The Drone Advisory
Committee will be composed of representatives from the IT Department, representatives from
each department utilizing drone operations, and at least one Part 107 Certified Pilot.
4. Drone Program Manager will be the Municipal Services Director, who will be responsible for
coordinating and managing all aspects of the drone program. The Municipal Services Director will
ensure that policies and procedures conform to current laws, regulations, and best practices, and
will have the following additional responsibilities:
a. Coordinating the required FAA certificates and ensuring that such are current.
b. Ensuring that all authorized operators and required observers have completed all
required FAA and department approved training in the operation, applicable laws,
policies, and procedures regarding use of the drones.
c. Continually evaluating, developing, and maintaining uniform protocol for submission and
evaluation of requests to deploy a drone and for operational protocol governing the
deployment and operation of drones.
d. Continually evaluating, developing, and maintaining a drone inspection, maintenance,
and record‐keeping protocol to ensure continuing airworthiness of a drone, up to and
including its overhaul, repairs, or life limits.
e. Continually evaluating, developing, and maintaining protocols to ensure retention and
purge periods are maintained in accordance with established records retention
schedules.
Moses Lake Council packet 2-8-22, Page 91 of 252
PRIVACY, DATA SECURITY, AND RETENTION
Participating departments must have an authorized purpose to collect information using a drone or drone‐collected
information. Drone data shall include, but are not limited to, video footage, audio footage, still images, sensor data,
geospatial location data, metadata, and other digital files. Personal identifiable information shown in drone data
should be reviewed for redaction/obscuring before such data is made public.
All data shall be handled in accordance with existing City policy on records retention. Data shall be securely stored in
a City approved repository and in accordance with City public records policy and State public records laws and
retained no longer than necessary. No third‐party data storage of the drone data may occur without approval of the
IT Department, City Manager, and City Attorney.
Until transferred, the drone pilot shall exercise reasonable and customary means and methods to preserve the media.
The media shall be transferred to the City systems within two working days after completion of the drone activity.
Unauthorized use, distribution, or duplication of drone data is prohibited, and no drone data shall be edited, altered,
erased, duplicated, copied, shared, or otherwise distributed without prior authorization of the Municipal Services
Director or designee. Personnel shall not make copies of any drone data for their personal use and are prohibited
from using a recording device such as a cellphone camera or secondary video camera to record any drone data files.
To prevent damage to or altering of the original recorded media, it shall not be copied, viewed, or otherwise inserted
into any device not approved by the IT Department and Municipal Services Director.
All drone data are the sole property of the City and may not be used by City employees or contractors for any non‐
City purposes.
ACCIDENT AND INCIDENT REPORTING
If a collision occurs during the operation of a drone, the operator shall immediately report the incident to the
Municipal Services Director. If a collision occurs that results in injury to any person, any loss of consciousness, or if it
causes damage to any property (other than the drone) in excess of $500 to repair or replace the property, notification
shall be made to the Flight Standards District within ten (10) days per FAA guidelines.
While at the scene, the operator/pilot shall notify the Municipal Services Director or designee, who shall respond to
photograph the collision and any injuries or property damage that has occurred. Regardless of the extent of
damages, the pilot/operator shall be responsible for completing an interdepartmental memorandum to the Municipal
Services Director describing the incident and damage. The Municipal Services Director shall conduct a review of the
collision and determine if the collision could have been prevented through maintenance, training, etc., and ensure all
necessary paperwork has been submitted and that appropriate corrective action has been taken.
QUESTIONS
All questions regarding this policy should be directed to the employee's supervisor or to the department
director. Similarly, questions about other applicable laws governing the use of drones should be directed to
the employee's supervisor or the director. Employees may also contact their unions for advice or information
about their rights and responsibilities under these and other laws.
SUPPORTING DOCUMENTS
Drone JSA
Drone Flight Procedures
REFERENCE
The FAA has developed regulations on the use of drones. For more information, please refer to their website at:
https://www.faa.gov/uas/
Moses Lake Council packet 2-8-22, Page 92 of 252
JOB SAFETY ANALYSIS
Pilot in Command: _____________ Visual Observer(s): ______________ Date: _______________
Project Location: ______________________ Township, Range, Section: _____________________
Description of work: ________________________________________________________________
Job steps: 1. _______________ 2. ________________ 3. ________________ 4. ________________
5. _______________ 6. ________________ 7. ________________ 8. ________________
Simultaneous operations: ____________________________ UAV used: _____________________
Pre-Flight Checklist:
Remote controller and iPad/Phone charged
Batteries charged/inspected for defects (puffy, swollen, punctures, cracks)
Propellers lightly tightened and checked for defects
Motors are functioning normally (rotate without resistance)
Camera rotates normally
Camera lens clean
SD card inserted
Pilot apps up to date
Drone/battery firmware up to date
Airspace authorization (if needed)
Wind under 25mph
Compass calibrated
360 view check for aircrafts
Post-Flight Checklist:
Propellers checked for damage
Motors checked for damage
Batteries checked for damage (puffy, swollen, punctures, cracks)
Flight logs uploaded
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JOB SAFETY ANALYSIS
Hazards: Controls:
_____________________________ ______________________________
_____________________________ ______________________________
_____________________________ ______________________________
_____________________________ ______________________________
_____________________________ ______________________________
Signatures:
Additional flight notes:
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Page 1 of 1
STAFF REPORT
To: Allison Williams, City Manager
From: Kevin Fuhr, Police Chief
Date: February 2, 2022
Proceeding Type: Consent Agenda
Subject: US Forest Service Interlocal Agreement
Legislative History: Financial Impact:
• First Presentation: February 8, 2022 Budgeted Amount: N/A
• Second Presentation: Unbudgeted Amount: N/A
• Action: Motion Total Cost: N/A
Overview
The Moses Lake Police Department has assisted the US Forest Service, specifically Job Corps,
with active shooter training for the past several years. We have done so under an ILA between
the City and the US Forest Service.
This year the US Forest Service is required to have the City Manager, with Council approval, sign
the ILA. This will be a one year ILA and will need to come before the council in subsequent years
as long as we assist them with the training.
Fiscal and Policy Implications-N/A
Council Packet Attachment - US Forest Service Interlocal Agreement
Finance Committee Review-N/A
Legal Review -N/A
Options
Option Results
• Authorize as presented City Manager will execute the ILA
• Provide staff with changes
• Take no action
Action Requested
Staff requests Council authorize the City Manager to execute the ILA as presented.
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ml USDA, Forest Ser.·ice 0MB 0596-0217
FS-1500-008 The County may call on the U.S. Forest Service's Office of Communication for advice regarding public notices. The County is/are requested to provide copies of notices or announcements to the U.S. Forest Service Program Manager and to The U.S. Forest Service's Office of Communications as far in advance of release as possible. N.TERMINATION. Any of the parties. in writing, may tenninate this Agreement inwhole, or in part, at any time before the date of expiration.0.DEBARMENT AND SUSPENSION. The County shall immediately inform theU.S. Forest Service if they or any of their principals are presently excluded,debarred, or suspended from entering into covered transactions with the federalgovernment according to the terms of 2 CFR Part 180. Additionally, should theCounty or any of their principals receive a transmittal letter or other official Federalnotice of debannent or suspension, then they shall notify the U.S. Forest Servicewithout undue delay. This applies whether the exclusion, debarment, or suspensionis voluntary or involuntary.P.MODIFICATIONS. Modifications within the scope of this Agreement must bemade by mutual consent of the parties, by the issuance of a written modificationsigned and dated by all properly authorized, signatory officials, prior to any changesbeing performed. Requests for modification should be made, in writing, at least 30days prior to implementation of the requested change.Q.COMMENCEMENT/EXPIRATION DATE. This Agreement is executed as of thedate of the last signature and is effective through December 31, 2022 at which timeit will expire, unless extended by an executed modification, signed and dated by allproperly authorized, signatory officials.R.AUTHORIZED REPRESENTATIVES. By signature below, each party certifies thatthe individuals listed in this document as representatives of the individual parties areauthorized to act in their respective areas for matters related to this agreement. Inwitness whereof, the parties hereto have executed this MOU as of the last date writtenbelow.Kevin Fuhr, Moses Lake Police Chief Moses Lake Police Department City Manager Page 8 of9
I -Z.-(o -G-1 Date Moses Lake Council packet 2-8-22, Page 103 of 252
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Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Kevin Fuhr, Police Chief
Date: February 2, 2022
Proceeding Type: Consent Agenda
Subject: Tactical Response Team Interlocal Agreement
Legislative History: Financial Impact:
• First Presentation: February 8, 2022 Budgeted Amount: N/A
• Second Presentation: Unbudgeted Amount: N/A
• Action: Motion Total Cost: N/A
Overview
The Moses Lake Police Department has hosted the ML Regional Tactical Response Team for more
than 20 years. The team has consisted of members from various regional departments and is
currently occupied by members from the Grant County Sheriff’s Office, Quincy Police Department,
and Adams County Sheriff’s Office.
We are working under a current ILA that was signed in 2010 between all of the local jurisdictions.
The current ILA is extremely outdated and does not conform to current best practices, state law, or
case law.
The attached ILA has been reviewed by the Moses Lake City Attorney, Washington Cities Insurance
Authority, Quincy City Attorney, Grant County Sheriff’s Office Attorney, and the involved law
enforcement representatives.
Fiscal and Policy Implications-N/A
Council Packet Attachment
A. Moses Lake Regional TRT Interlocal Agreement
Finance Committee Review-N/A
Legal Review
Type of Document Title of Document Date Reviewed
ML Regional TRT ILA
ML Regional TRT ILA
Interlocal Agreement
Interlocal Agreement
11/04/2021
11/05/2021 by WCIA
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Page 2 of 2
Options
Option Results
• Authorize as presented City Manager will execute the ILA
• Provide staff with changes
• Take no action
Action Requested
Staff requests Council authorize the City Manager to execute the ILA as presented.
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Page 1 of 12 MLTRT INTERLOCAL AGREEMENT - JANUARY 2022
INTERLOCAL AGREEMENT MOSES LAKE REGIONAL TACTICAL RESPONSE
TEAM
I. PARTIES This Agreement is made and entered into in the State of Washington pursuant to the provisions of Chapter 39.34 of the Revised Code of Washington by and among the
participating jurisdictions listed Section XV of this Agreement. The participating jurisdictions are sometimes individually referred to as “Member” or “party”, or collectively as “Members” or “parties.” II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93 and 39.34 of the Revised Code of Washington. · III. PURPOSE The parties hereto desire to establish and maintain a multi-jurisdictional Special Weapons and Tactics (“SWAT”) Team to effectively respond to high-risk criminal incidents.
IV. FORMATION There is hereby created a multi-jurisdictional SWAT Team to be hereafter known as the "Moses Lake Regional Tactical Response Team" ("TRT”); the Members of which shall
consist of participating jurisdictions are listed Section XV of this Agreement. The TRT has been in existence for more than 20 years, and this Agreement is being entered to formalize the relationship of the Members and procedures for the TRT. The future admission of a jurisdiction as a Member of the TRT may be accomplished by an addendum to this
Agreement. The addendum must comply with Section XVII of this Agreement and the newly admitted Member must agree to be bound to and comply with all the terms and conditions of this Agreement, and the addendum must be posted or recorded as provided in Section VII(A) of this Agreement.
V. STATEM. EN. T OF THE ISSUE.
The municipalities within the Grant and Adams County areas have experienced increasingly violent criminal confrontations due to, among other reasons, increased gang activity; increased drug abuse, distribution and manufacturing; increased urbanization; and increased population densities. There are also requests for high-risk warrant service, high
risk vehicle stops, security and surveillance in unique situations from local, state and federal law enforcement agencies outside of the area who are investigating crimes within Grant and Adams Counties, that due to their nature, should be conducted by the TRT. The ability to safely control, contain, and resolve high risk criminal incidents such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and
narcotic or high-risk search warrants has strained the resources of the Members.
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Law enforcement efforts directed at dealing with these high risks criminal incidents have for the most part, been conducted by law enforcement agencies working independently. A multi-jurisdictional effort to handle specific high risk criminal incidents, as well as incidents
involving weapons of mass destruction, results in more effective pooling of personnel, improved utilization of municipal and county funds, reduced duplication of equipment, improved training, development of specialized expertise, and increased utilization or application of a combined special response team. This results in improved services for the
citizens of all the Members, increased safety for officers and the community, and improved cost effectiveness. VI. TRT OBJECTIVES
The TRT shall service each Member’s jurisdiction and may also be available to outside law enforcement agencies as provided by Chapter 10.93 of the Revised Code of Washington. The objective of the TRT is to respond to specific high risk criminal incidents in a manner
that provides for the effective use of personnel, equipment, funds, and training. The TRT may respond as requested by any, local, state, or federal law enforcement agency and provide a coordinated response to high-risk criminal incidents. As special needs arise, it may be necessary to request from other law enforcement agencies assistance and/or personnel, at the discretion of the TRT Incident Commander and/or the TRT Tactical Commander.
VII. EFFECTIVE DATE, DURATION AND TERMINATION A. Effective Date and Duration
The effective date of this Agreement shall be the date that all Members have signed the Agreement; provided that pursuant to RCW 39.34.040, this Agreement shall be posted and listed by subject on each Member’s web site prior to the Agreement becoming effective; or in the alternative to posting the Agreement may be recorded with the county
auditors for each county where a Member is located. The initial term of this Agreement shall run through December 31, 2022. This Agreement shall automatically extend for consecutive one (1) year terms from January 1st to December 31st without action of the legislative bodies of the Members, unless and until terminated pursuant to the terms of
this Agreement. B. Voluntary Termination of Participation by a Member
A Member may terminate its participation in the TRT by providing written notice of its desire to terminate and serving such notice upon the TRT Administrative Board. A notice to terminate participation from the TRT shall become effective thirty days after service of the notice on the TRT Administrative Board unless a later effective termination date is stated in the notice.
In the event that a Member terminates their participation in the Agreement, but the Agreement continues to exist, then the terminating Member shall be deemed to have waived any right or title to any property owned by the TRT or to any joint funds
maintained by the TRT, and shall not be entitled to share in any proceeds at the time of dissolution of the TRT.
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C. Default If any Member fails to perform any act or obligation required to be performed by it
under this Agreement, that the Member or Members to whom such performance was due shall deliver written notice of default to the non-performing Member, which must include a description of the default. The nonperforming Member shall have thirty days after receipt of the notice to cure the default. If the default is not of the type
that could reasonably be cured within in thirty days, then the non-performing Member shall not be in default if it commences the cure within the thirty day period, and thereafter diligently pursues the cure to completion. If the non-performing Member does not timely cure the default, then the TRT
Administrative Board shall have the power and authority to terminate the non-performing Member’s participation in this Agreement. VIII. GOVERNANCE
A. Parent Agency The initial “Parent Agency” shall be the Moses Lake Police Department (“MLPD”). The Parent Agency shall have administrative responsibility for the TRT and shall
maintain the TRT records. The Parent Agency will bring information such as goals, expenses from non-common funds, procedures and team activity summary to the TRT Administrative Board as information only on at least a yearly basis. In the event that MLPD wishes to terminate its designation as the Parent Agency then MLPD shall
notify all Members in writing at least thirty days in advance of their intent to terminate as the Parent Agency. The TRT Administrative Board shall immediately hold a meeting to choose a new Parent Agency. If the new Parent Agency declines to serve, or if no new Parent Agency is chosen, then MLPD shall continue to serve as the Parent Agency until a new Parent Agency is chosen and accepts such administrative
responsibility. B. TRT Administrative Board
1. The TRT created pursuant to this Agreement shall have oversight from a TRT Administrative Board. The TRT Administrative Board shall be comprised of the chief law enforcement officer of each Member or their designee.
2. The chief law enforcement officer of the Parent Agency or their designee shall serve as the chair of the TRT Administrative Board. The TRT Administrative Board shall meet no less than quarterly each year. The quarters are designated as follows: a. First Quarter: January – March; b. Second Quarter: April – June; c. Third Quarter: July – September; and
d. Fourth Quarter: October – December.
Additional meetings may be called by the chair or upon the request from any
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Member to the chair.
3. In matters submitted to the TRT Administrative Board for a vote, each Member will have one vote. In the event of a tie vote, the Parent Agency shall have the ability to cast an additional tie-breaking vote. 4. The TRT Administrative Board shall adopt rules, policies and/or procedures for its
meetings.
5. The TRT Administrative Board shall adopt a Standard Operating Procedure (“SOP”) for the TRT. 6. No action may be taken by the TRT Administrative Board unless it is done at a meeting where a quorum is present, and notice of the meeting was provided to the Members at least three business days prior to the meeting date except in the case of emergency. Any action of the TRT Administrative Board shall be by a
simple majority of the Members at the meeting. For purposes of this subsection, “emergency” means unforeseen circumstances beyond the control of the Members that either: (a) Present a real, immediate threat to the proper performance of essential functions of the TRT; or (b) Will likely result in material
loss or damage to property, bodily injury, or loss of life if immediate action is not taken. 6. The TRT Administrative Board has the authority to add a new participating jurisdiction as a Member; provided that any new Member signs an
acknowledgment that the new Member will be bound to and will comply with the terms of this Agreement. 7. The TRT Administrative Board will have oversight over annual expenses from common project funds of any new program that adds cost or commitment from
Members and is related to this Agreement. Any common project funds shall be held and maintained by the Parent Agency in a designated fund for the TRT. The Parent Agency shall be responsible for determining the proper allocation between the Members of any shared costs/expenses associated with the TRT.
C. TRT Incident Commander 1. Members may designate a ranking officer from their respective agency as a TRT
Incident Commander. A TRT Incident Commander must have attended the National Tactical Officers Association (“NTOA”) SWAT Command Decision Making and Leadership Training, or an equivalent training, and train annually with the TRT in scenario-based training. Each Member will strive to have at least one ranking officer from its agency designated as a TRT Incident Commander. If the
assigned ranking officer fails to meet the training requirements, then that Member shall remove the officer as a designated TRT Incident Commander. 2. At least one TRT Incident Commander will respond to TRT callouts to assist the
host agency. If more than one TRT Incident Commander responds, then the TRT Incident Commander for that incident will be designated as stated in Section X of this Agreement. Optimally, the TRT Incident Commander will be responsible for
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the entire incident with the assistance of the host agency’s ranking officer on scene. 3. If a TRT Incident Commander is not available, then the chief law enforcement
officer of the host agency shall designate a ranking officer from that or another law enforcement agency that may fill the role of TRT Incident Commander, provided that the ranking officer is in communication with the host agency’s ranking officer on scene throughout the incident.
4. For purposes of this Section VIII: a. A “host agency” means the law enforcement agency who has the primary jurisdiction to investigate the incident.
b. A “ranking officer” means a law enforcement officer that holds the rank of Captain, an equivalent rank to Captain, or any rank higher than a Captain.
D. TRT Tactical Commander The Parent Agency, at its sole expense, will be responsible for providing the TRT Tactical Commander, who will be responsible for the administrative management and
supervision of the TRT operations. The Tactical Commander will be responsible for: 1. Planning and management of the operational activities; 2. Assignment of Team Leaders;
3. Budgeting and/or grant preparation, requests for assistance, reporting; 4. Interviewing prospective team members and making team assignments;
5. Training schedule and activities; 6. Reviewing team member reports;
7. Providing quarterly reports to the TRT Administrative Board concerning response incidents, training, expenditures, and equipment needs; and 8. Any other duties as assigned by the Parent Agency. IX. OFFICERS
Each Member, in that Member’s sole discretion, shall contribute as many commissioned officers as possible to the TRT; provided that each Member shall contribute at least one officer to the TRT, which officer may also serve as a designated TRT Incident Commander. Members will take reasonable steps to ensure that the officer(s) it contributes to the TRT
are available for call-outs and back-filling shifts when TRT team members are on-duty and at minimum staffing levels. The officers assigned to the TRT shall remain employees of the contributing Member. The contributing Member shall be solely and exclusively
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responsible for the compensation and benefits for the officers it contributes to the TRT. All rights, duties, and obligations of the employer and the employee shall remain with the contributing Member. Each Member shall be responsible for ensuring compliance with all applicable laws with regard to any officer that they assign to the TRT, including but not
limited to, compliance with the provisions of any applicable employment agreements, collective bargaining agreements, and civil service rules and regulations. X. COMMAND AND CONTROL
During activation of the TRT, MLPD shall designate the TRT Tactical Commander. The TRT Incident Commander and the TRT Team Leader(s) will be designated by the TRT Tactical Commander. The duties and procedures to be utilized by the TRT Incident Commander, the Tactical Commander, and the Team Leader(s) shall be set forth in the standard
operating procedures approved by the TRT Administrative Board. The standard operating procedures approved by the TRT Administrative Board may designate other personnel to be utilized during an incident. XI. EQUIPMENT, TRAINING, AND BUDGET
No separate budget or financing method is created by this Agreement. Each Member, in that Member’s sole expense and discretion, shall acquire, update,
replace, repair, maintain, and issue the equipment and supplies for the officer(s) it contributes to the TRT. Each Member, in that Member’s sole expense and discretion, shall provide sufficient training for the officer(s) it contributes to the TRT.
The equipment, supplies, and training provided by each Member for the officer(s) it contributes to the TRT shall be at a minimum the equipment, supplies and training required under the rules and/or policies adopted by the TRT Administrative Board. Members shall make the officer(s) it contributes to the TRT available for reoccurring
monthly training, which is scheduled annually by the TRT Tactical Commander, in accordance with best practices and recommendations from the National Tactical Officers Association (“NTOA”), American Sniper Association (“ASA”) and the National Crisis Negotiators Association (“NCNA”).
XII. DISTIBUTION OF ASSETS UPON TERMINATION A. Individually Owned Equipment and Supplies
Each Member shall retain sole ownership of equipment and supplies purchased and provided to the officer(s) it contributes to the TRT. Any equipment and/or supplies of a terminating Member that is in the possession of the other Members shall be promptly returned to the terminating Member. Furthermore, upon
termination of this Agreement any Member that is in possession of another Member’s equipment and/or supplies shall promptly return the equipment and/or supplies to the Member that owns such.
B. Jointly Owned Equipment and Supplies
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In the event the Members acquire any jointly owned equipment or supplies, then upon termination of the Agreement or upon the termination of any Member’s participation in the Agreement that jointly owns such equipment or supplies, any jointly owned equipment or supplies shall be divided among the Members based
upon each Members pro rata share and the asset's fair market value upon termination. If the jointly owned equipment or supplies cannot be divided, then ownership of the equipment or supplies shall be transferred as provided for in Section XII(D).
C. Unclaimed Equipment and Supplies If any Member’s participation in the Agreement is terminated, then that Member must claim their equipment or supplies utilized under this Agreement within thirty
days after the date of termination. Any equipment or supplies not timely claimed shall be deemed the property of the Member that is designated as the Parent Agency on the date of termination.
If the TRT is dissolved, then all Members must claim their respective equipment or supplies utilized under this Agreement within thirty days prior to the date of dissolution. Any equipment or supplies not timely claimed shall be deemed the property of the Member that is designated as the Parent Agency on the date of the TRT’s dissolution.
D. Valuation of Equipment and Supplies The value of the equipment or supplies shall be determined by using commonly
accepted methods of valuation. If two or more Members desire any jointly owned equipment or supplies of such Members, then these Members are encouraged to resolve the dispute informally amongst themselves. If the Members are unable to resolve the dispute, then a final decision shall be made by arbitration.
E. Arbitration Any disputes related to distribution of equipment and supplies, including the value thereof, are to be resolved through binding arbitration under the Uniform Arbitration Act, Ch. 7.04A RCW.
XIII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
Each Member shall be responsible for the wrongful or negligent actions of its employees while assigned to the Tactical Response Team as their respective liability shall appear under the laws of the State of Washington and/or Federal Law and this agreement is not intended to diminish or expand such liability.
A. To that end, each Member promises to hold harmless and release all other participating Members from any loss, claim or liability arising from or out of the negligent tortious actions or inactions of its employees, officers and officials. Such liability shall be apportioned among the parties or other at fault persons or entities in accordance with the laws of the State of Washington.
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B. Nothing herein shall be interpreted to: 1. Waive any defense arising out of RCW Title 51.
2. Limit the ability of a Member to exercise any right, defense, or remedy which a party may have with respect to third parties or the officer(s) whose action or inaction give rise to loss, claim or liability including but not limited to an assertion that the officer(s) was acting beyond the scope of his or her employment.
3. Cover or require indemnification or payment of any judgment against any individual or Member for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages against any individual or Member. Payment of punitive damage awards, fines or sanctions
shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal employer, should that employer elect to make said payment voluntarily. This agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions.
C. Insurance Requirements Each signatory agency shall carry for the duration of this Agreement general liability including coverage for police professional liability and auto liability with the following
minimums: General Liability $10,000,000.00 Auto $10,000,000.00 It is understood that each of the parties hereto may fulfill the requirements set forth
in this section through either self-insurance or the duly authorized insurance pool. The failure of any insurance carrier or self-insured pooling organization to agree to or follow the terms of this Section shall not relieve any Member from its obligations under
this Section.
XIV. PROCESSING OF CLAIMS AND LAWSUITS A. Notice
In the event a tort claim or a lawsuit is served against a Member or its employees for conduct arising out of their participation in a TRT action or operation, the Member shall promptly notify, but no later than three days after service of the tort claim or
lawsuit, the other Members that the tort claim has been served or lawsuit has been served. Any documentation, including the tort claim or complaint, shall be promptly provided to each Member. B. Tender of Defense
In the event a Member has a right, pursuant to section XIII of this Agreement, to be defended and held harmless by another Member, the Member having the right to be defended and held harmless shall promptly tender the defense of such claim or
lawsuit to the Member that must defend and hold the other harmless.
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C. Coordination of Initial Meeting The Member that initially is served with a lawsuit shall schedule a TRT Administrative Board Meeting to discuss the lawsuit, which shall be held within 10 calendar days
after service of the lawsuit. D. Assistance of Tactical Commander
The TRT Tactical Commander shall assist the Members in responding to a tort claim or lawsuit. The TRT Tactical Commander shall be responsible for gathering all records relating to the TRT response. These records shall include, but are not limited to, incident reports, notes, transcripts, photos, evidence logs, recorded statements, documents from emergency dispatch centers, and warrants from all Members in the
TRT response. The Tactical Commander shall also provide a list of employees from any Member that participated in the response and their contact information. The Tactical Commander shall deliver all copies of the records to the Members served with the tort claim or lawsuit promptly upon request.
E. Obtaining Release for Benefit of All Members Prior to the resolution of any tort claim or the settlement of any lawsuit, and as a condition of payment to any claimant, the Member, including the Member’s insurance
provider providing payment, shall obtain from the claimant a complete and total release of liability on behalf of all Members participating in the TRT, including each Member’s officers, employees, agents, or volunteers.
F. Compliance with Ch. 4.96 RCW and Service Requirements Nothing in this Agreement shall be deemed a waiver by any Member of the requirements set forth in Ch. 4.96 RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service of a tort claim or lawsuit, and the fact that
a Member provides notice or copies of a tort claim or lawsuit to another Member shall not be deemed adequate service of such tort claim or lawsuit in accordance with the State or Federal Rules of Civil Procedure or the Revised Code of Washington.
G. Good Faith It is the intent of this Agreement that the Members act in good faith on behalf of each
other in conducting settlement negotiations on tort claims or lawsuits. Any Member that settles a claim or lawsuit related to their participation in a TRT action or operation must notify all other Members of the settlement and provide the other Members a copy of settlement agreement. XV. NOTIFICATION Any notice provided for in this Agreement shall be serviced upon the following persons for each Member. Service shall be done by personal service or by certified mail,
return receipt requested, with postage prepaid. If service is done by mail, service shall be deemed complete three business days after mailing.
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Any Member may designate another address or person for the giving of notices by providing all the Members written notice of the new designation. XVI. COMPLIANCE WITH THE LAW The TRT and all its Members shall comply with all federal, state, and local laws that apply to the TRT. XVII. ALTERATIONS This Agreement constitutes the entire agreement between the Members regarding the TRT, and supersedes any and all prior oral or written agreements between the
Members regarding the TRT. This Agreement may be modified, amended, or altered by agreement of all Members and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner consistent with paragraph XX of this Agreement. XVIII. RECORDS Each Member shall maintain training records related to their officers assigned to the TRT for a minimum of seven (7) years or as required by the local government
retention schedule, whichever is longer. A copy of these training records will be forwarded and maintained with the designated Tactical Commander. All records
Moses Lake: City Manager City Attorney Police Chief 401 S Balsam St 401 S Balsam St 411 S Balsam St Moses Lake, WA 98837 Moses Lake, WA 98837 Moses Lake, WA 98837 Grant County: Grant County Sheriff Grant County Prosecutor Grant County Commissioner
35 C St. NW 35 C St. NW 35 C St. NW Ephrata, WA 98823 Ephrata, WA 98823 Ephrata, WA 98823 Adams County: Adams County Sheriff Adams County Prosecutor Adams County Commissioner
210 W Broadway 210 W Broadway 210 W Broadway Ritzville, WA 99169 Ritzville, WA 99169 Ritzville, WA 99169 Quincy: City Mayor City Attorney Police Chief 104 B St. SW 104 B St. SW 223 1st Ave SW Quincy, WA 98848 Quincy, WA 98848 Quincy, WA 98848
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shall be available for full inspection and copying by each Member. The Parent Agency shall be responsible to receive and respond to any public record request made under Ch. 42.56 RCW to the TRT or the TRT Administrative Board.
Prior to the release of any TRT records to the requestor, the Parent Agency shall provide notice of the records request to the Member that assigned the case number to the incident, if any, and shall provide that Member at least ten business days before the release of the records so that the Member has a reasonable opportunity
to bring an action to prevent the release of such records. If no case number has been assigned to the incident, then the Parent Agency is under no obligation to provide notice of the records request to any Member. XIX. SEVERABILITY
If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement.
XX. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each Member by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the
governing body of each Member. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document.
XXI. GENERAL PROVISIONS A. Governing Law and Venue
This Agreement shall be governed by and enforced in accordance with the laws of the State of Washington. The venue for any action arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for the County of Grant.
B. Interpretation This Agreement and each of the terms and conditions of it are deemed to have been explicitly negotiated by the Members, and the language in all parts of this Agreement
shall, in all cases, be construed according to its fair meaning and not strictly for or against any of the Members hereto. C. Assignment
This Agreement shall not be assigned, either in whole or in part, by any Member without the express written consent of all the Members, which may be granted or withheld in such Member’s sole discretion. Any attempt to assign this Agreement in violation hereof shall be null and void, and shall constitute a default under this
Agreement.
Moses Lake Council packet 2-8-22, Page 117 of 252
DRAFT: 1/11/2022
Page 12 of 12 MLTRT INTERLOCAL AGREEMENT - JANUARY 2022
D. No Joint Venture Nothing contained in this Agreement shall be construed as creating any type or
manner of partnership, joint venture or other joint enterprise between the Members. IN WITNESS HEREOF, the following parties hereto have executed this Agreement
on the dates written below. For City of Moses Lake:
City Manager, City of Moses Lake / Date City Attorney, City of Moses Lake / Date
City Clerk, City of Moses Lake / Date
For City of Quincy:
Mayor, City of Quincy / Date City Attorney, City of Quincy / Date
City Clerk, City of Quincy / Date For Grant County:
Grant County Commissioner (Chair) / Date Grant County Prosecutor / Date For Adams County:
Adams County Commissioner (Chair) / Date Adams County Prosecutor/ Date
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Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: January 31, 2022
Proceeding Type: Consent Agenda
Subject: Knolls Vista and Gillette Parks Playground Equipment Replacement
Project Acceptance to begin (60) Lien Period
Legislative History: Financial Impact:
• First Presentation: February 8, 2022 Budgeted Amount: $ 82,682.94
• Second Presentation: Unbudgeted Amount: $ 0.00
• Action: Motion Total Cost: $ 82,682.94
Overview
The Intermountain Playground Company has
completed work on the Knolls Vista and Gillette
Parks Playground Equipment Replacement
Projects and the work is ready for acceptance.
The Parks, Recreation & Cultural Services
department is starting the process of replacing
playground equipment in our parks. Our
playground equipment is old and needs to be
updated. Gillette and Knolls Vista playgrounds
had several parts that were removed due to
being broken and the replacement parts were
discontinued.
We are now unable to purchase replacement
parts for the old playground equipment due the
age of the structures. We have been retrofitting
replacements to keep the playground safe.
However, it is now time to start replacing these
old playgrounds.
Work Conducted
The project consisted of two old playgrounds
being removed and new playgrounds being
installed at both the Gillette and Knolls Vista
Parks.
Gillette Playground
New Equipment
Knolls Vista Playground New Equipment
Moses Lake Council packet 2-8-22, Page 119 of 252
Page 2 of 2
Cost of the Work
The final cost for the work completed is $82,682.94.
STAFF INSPECTION:
The Knolls Vista and Gillette Parks Playground Equipment Replacement Projects have been
completed by the contractor, Intermountain Playground Company. All work has been inspected
by City staff and has been recommended for acceptance.
Fiscal and Policy Implications
After Council Acceptance of the project, the City will enter into the 60-day lien period as required
by Washington State Law. The Contractor will receive the remaining 5% retainage after the (60)
day lien period is complete
Council Packet Attachment
A. Project Contract
B. Final Invoices for Payment
Finance Committee Review
N/A
Legal Review
N/A
Options
Option Results
• Accept the Project Staff will send a notification of acceptance to the
contractor and the 60-day lien period will begin.
• Request Additional Information Staff will provide the requested information.
• Take no Action The project will not be accepted at this time.
Action Recommended
Staff recommends accepting the Knolls Vista and Gillette Parks Playground Equipment
replacement projects work.
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STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: January 31, 2022
Proceeding Type: Consent Agenda
Subject: Building Demolition Project (GC2021-044)
Project Acceptance to begin (60) Lien Period
Legislative History: Financial Impact:
• First Presentation: February 8, 2022 Budgeted Amount: $ 52,790.80
• Second Presentation: Unbudgeted Amount: $ 3,121.92
• Action: Motion Total Cost: $ 55,912.72
Overview
Mass X Construction LLC has completed the work
for the Building Demolition Project and the work
is ready for acceptance. The project consisted of
demolishing the Police Storage Building and
Firing Line Structures located on Randolph Road,
and the abandoned Well 22 building located near
Big Bend College.
Benefits of completing the project included
opening the land for other uses and mitigating
possible health hazards from materials like lead
paint and asbestos.
Cost of the Work
The lowest responsive bid was for $52,790.80.
The final cost for the work completed is
$55,912.72.
The increase in cost was due to additional
amount crushed surface top course that was
required to complete the project.
Police Storage Site Before Demolition
Police Storage Site After Demolition
Moses Lake Council packet 2-8-22, Page 143 of 252
Page 2 of 2
STAFF INSPECTION:
The Building Demolition Project was completed by the contractor, Mass X Construction LLC. All
work has been inspected by City Staff and has been recommended for acceptance.
Fiscal and Policy Implications
After Council acceptance of the project, the City will enter into the 60-day lien period as required
by Washington State Law. The Contractor will receive the remaining 5% retainage after the (60)
day lien period is complete.
Council Packet Attachment
A. Final Pay Estimate
Finance Committee Review
N/A
Legal Review
N/A
Options
Option Results
• Accept the Project Staff will send a notification of acceptance to the
contractor and the 60-day lien period will begin.
• Request Additional Information Staff will provide the requested information.
• Take no Action The project will not be accepted at this time.
Action Recommended
Staff recommends accepting the Building Demolition Project (GC2021-044).
Well 22 Site - After Demo
Well 22 Site - Before Demo
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Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: David Bren, PE, Municipal Services Director
Date: January 31, 2022
Proceeding Type: Consent Agenda
Subject: Americold Corporation Industrial Waste Discharge Permit No. 19
Legislative History: Financial Impact:
• First Presentation: February 8, 2022 Budgeted Amount: N/A
• Second Presentation: Unbudgeted Amount: N/A
• Action: Motion Total Cost: N/A
Staff Report Summary
Attached is a copy of the proposed Industrial
Waste Discharge Permit No. 19 for Americold
Corporation facility located in the Wheeler
Industrial Park at 3245 Road N NE. This permit
will allow Americold Corporation to continue
their discharge to the City’s Publicly Owned
Treatment Works (POTW) for an additional five
years prior to renewal.
Background
Americold Corporation is a significant industrial wastewater user and is required to have an industrial
waste discharge permit from the DOE and the City of Moses Lake. All discharge permits expire in five
years and are required to be renewed to continue discharging to the City’s wastewater system.
Moses Lake Council packet 2-8-22, Page 146 of 252
Page 2 of 2
Fiscal and Policy Implications
N/A
Attachments
A. Industrial Waste Discharge Permit No. 19
Finance Committee Review
N/A
Legal Review
N/A
Options
Option Results
• Authorize the City Manager to execute
the permit
The industry will continue to discharge their
wastewater to the City’s system.
• Request Additional Information Staff will provide the requested information.
• Take no action The industry will have to pursue other options
for their wastewater.
Staff Recommendation
Staff recommends a Council authorize the City Manager to execute the Industrial Waste Discharge
Permit No. 19 for Americold Corporation.
Moses Lake Council packet 2-8-22, Page 147 of 252
AmeriCold Corporation mm: 01/04/2022 Industrial Waste Discharge Permit No. 19 Page 1 of 6
CITY OF MOSES LAKE INDUSTRIAL WASTE DISCHARGE PERMIT NO. 19 AmeriCold Corporation
3245 Road N NE Moses Lake, Washington 98837
Effective Date: 3/01/2022 Expiration Date: 3/01/2027 INTRODUCTION
This wastewater discharge permit is hereby granted by the City of Moses Lake, Washington, referred to as the City, to AmeriCold Corporation referred to as the Permittee. This permit is issued in conjunction with the Washington State Department of Ecology Permit No.ST-008124. This permit authorizes Permittee to discharge wastewater from their Moses Lake Plant into the City’s POTW in accordance with the conditions contained within this permit. The permit becomes effective as of the date signed. GENERAL CONDITIONS 1. All discharges and activities authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant not authorized by this permit shall constitute a violation of the terms and conditions of this permit. Whenever the Permittee refuses to take corrective action or continues a violation, the imposition of civil penalties or termination of this permit may result, or both. Termination of this permit may require disposal of the wastewater in some
manner other than into the private sewer or to the City’s POTW, at the expense of the Permittee. 2. All facility changes that may result in a significant deviation in character of pollutants discharged to the POTW, from that herein specified, shall be reported to the City. Significant adverse deviations in character of pollutants shall be authorized by the City before discharge to the sewer system. No significant change shall be made until plans have been approved by the City, and a new or modified permit has been issued. No new connections, increased flows, or significant changes in
wastewater characteristics are permitted that will cause violation of the effluent limitations specified herein. 3. The diversion or bypass of any discharge from any pre-treatment facility utilized by the Permittee to maintain compliance with the terms of this permit is prohibited except where unavoidable to prevent loss of life or severe property damage. The
procedure outlined in paragraph four (4) of these General conditions shall be followed in the event of such a diversion or bypass to the City’s POTW.
4. In the event the Permittee is unable to comply with any of the conditions of this permit because of a breakdown of equipment or facilities, due to actions on the part of the Permittee, the Permittee shall perform the following actions:
a. Immediately stop, contain, and clean up the unauthorized discharge and correct the problem. b. Immediately notify the City so steps can be taken to prevent damage to the POTW.
c. Submit a written report within fifteen (15) business days of occurrence, describing the breakdown, the actual quantity and quality of the resulting waste discharge, corrective action taken, and the steps taken to prevent a
recurrence. d. Pay reasonable costs incurred by the City that are associated with a breakdown, accident, or other cause that can be demonstrated as attributable to such event.
Any permit noncompliance constitutes a violation of chapter 13.05 of the Moses Lake Municipal Code and is grounds for
enforcement action in accordance with that code.
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AmeriCold Corporation mm: 01/04/2022 Industrial Waste Discharge Permit No. 19 Page 2 of 6
GENERAL CONDITIONS (continued) 5. Compliance with the above requirements does not relieve the Permittee from responsibility to maintain continuous compliance with the conditions of this permit, or the resulting liability for failure to comply. 6. The Permittee shall adequately maintain and efficiently operate all treatment or control facilities or systems installed or used
by the Permittee to achieve compliance with the terms and conditions of this permit. 7. After written notice of one of the following, the Permittee has ten (10) business days from the date of the notice to request a hearing before the City Council. If the City Council determines a violation has occurred, the permit may be amended, suspended, or revoked in whole or in part.
a. Violation of any terms or conditions of this permit. b. Obtaining this permit by misrepresentation or failure to fully disclose all relevant facts.
c. A change in any condition that requires a permanent reduction or elimination of permanent discharge to the POTW.
8. The Permittee shall allow authorized representatives of the City to perform the following actions, at all reasonable times: a. Enter that portion of the premises by escort where an effluent source or disposal system is located or where records are required to be kept under the terms and conditions of this permit.
b. Inspect monitoring equipment or monitoring methods required by this permit.
c. Sample discharge of pollutants.
d. Review test results and test methods.
9. Nothing in this permit shall be construed as excusing the Permittee from complying with any current federal, state, or local
statutes, ordinances, or regulations. If the State's Waste Discharge Permit requires more stringent limitations on discharge to the POTW, the State’s discharge permit shall take precedence; and, the requirements contained herein may be revised after
written notice from the City.
After written notice from the City is received, the Permittee has ten (10) business days to request a hearing before the City Council. The City will provide the Permittee an opportunity for a hearing before the City Council, if requested; and,
depending on the magnitude of the changes, the Permittee, City, and DOE may negotiate a compliance schedule under which to make the changes necessary to come into compliance with the more stringent limits.
10. This permit does not constitute authority for discharge into public waters of Washington State. Any such discharge by the
Permittee shall be subject to applicable regulations administered by the Department of Ecology.
11. The costs incurred by the City in handling, treating, monitoring, and disposing of the Permittee's wastewater shall be borne by the Permittee in the rate structure. The City may set forth the various fees in a separate ordinance.
12. The Permittee shall make application for permit renewal at least 180 days prior to the expiration date of the permit. In the
event that the City does not respond within the allotted 180 day period, the existing permit shall remain in force until the revised permit is issued. 13. The Permittee shall submit payment of fees associated with this permit as set forth in the fee schedule adopted by the City of
Moses Lake. The City may revoke this permit if the permit fees are not paid. Effluent Limits During the period of this permit, the Permittee is authorized to discharge wastewater to the POTW subject to the specified flow, concentration, and monitoring requirements. Wastewater shall be monitored and discharged to the POTW and shall not exceed the maximum monthly average of 39,400 gallons per day and a maximum peak flow of 150 gallons per minute. The effluent limitations for the discharge to the POTW are shown in Table 1: Effluent Limits Outfall 001 (Facility’s Sampling Manhole).
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AmeriCold Corporation mm: 01/04/2022 Industrial Waste Discharge Permit No. 19 Page 3 of 6
Effluent characteristic limits not listed in this permit are set forth in Chapter 13.05, Wastewater Regulations, City of Moses Lake Municipal Code. In order to meet the effluent limitations, the Permittee shall provide facilities as specified herein. When required, pretreatment and storage facilities shall be designed and operated by the Permittee in a manner such that the wastewater discharge to the POTW
complies with the effluent limits. During emergency conditions, or when the effluent does not meet the conditions of this permit, the Permittee shall divert the flow, collect the wastewater, and re-treat the effluent. If the permit effluent limitations cannot be achieved by the onsite treatment system, the effluent shall be collected and sent off site for disposal in accordance with applicable regulations. Beginning on the issuance date and lasting thru the expiration date of this permit, the Permittee is authorized to discharge wastewater to the City of Moses Lake POTW subject to the following limitations:
Discharge Limits TABLE 1: Effluent Limits outfall 001 (Facility Sampling Manhole) Parameter MLMC 13.05.070 LIMITS Monthly Average a Maximum Peak Flow Flow NA 39,400 gallons per day 150 gallons per minute BOD5 300 mg/l 99 lbs/Day --- TSS 350 mg/l 115 lbs/Day --- Oil & Grease (FOG) 100 mg/l 33 lbs/Day ---
Parameter Minimum Maximum
pH 6.0 11.0
Temperature NA 104°F Color NA 100 u.
a. Average Monthly effluent limit means the highest allowable average of daily discharges over a calendar month. To calculate the discharge value to compare to the limit, you add the value of each daily discharge measured during the calendar month and divide this sum by the total number of daily discharges measured.
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AmeriCold Corporation mm: 01/04/2022 Industrial Waste Discharge Permit No. 19 Page 4 of 6
Monitoring Requirements
The Permittee shall monitor the wastewater and production according to the following schedule in Table 2: Monitoring Requirements Final
Wastewater Effluent Outfall #001 (POTW). Table 2: Monitoring Requirements Final Wastewater Effluent Outfall #001 (POTW)
Parameter Units Sampling Frequency Sample Type Flow, (Maximum Daily) Gallons/day (GPD) Continuous a Metered Flow (Peak) Gallons per minute (GPM) Continuous a Metered
pH (Minimum; Maximum) f Standard Units Continuous a Metered
Total Suspended Solids(TSS) (Max Daily) lbs/day e 1/quarter d 24-Hour Composite c
BOD5 (Max. Daily) lbs/day e 1/quarter d 24-Hour Composite c
Color C.U. 1/quarter d Grab Sample b Oil & Grease (FOG) 100 mg/l 1/quarter d 24-Hour Composite c 503 Metals µg/l 1/quarter d 24-Hour Composite c
Temperature o F Continuous a Metered
a Continuous means the uninterrupted except for brief length of time for calibration, power failure, or unanticipated equipment repair or maintenance. The Permittee shall sample at least six times when continuous monitoring is not possible. b Grab means an individual sample collected over fifteen (15) minute, or less period of time.
c 24-hour Composite samples shall be comprised of a flow-proportional samples collected by an electronically controlled device.
d 1/quarter means that samples shall be taken at least 1 time in each of the 4 quarters of the year. (Jan, Feb, March) (April, May, June) (July, Aug, Sept) (Oct, Nov, Dec) and can be taken to coincide with the State permit requirements.
e Calculated effluent limit means the highest allowable daily discharge. The daily discharge means the discharge of a pollutant measured during a calendar day. For pollutants with limits expressed in units of mass, calculate the daily discharge as the total mass of the pollutant discharged over the day [lbs/day = (concentration mg/l ) x (flow gpd /1,000,000 ) x 8.34]. This does not apply to pH
f The Permittee shall report the instantaneous maximum and minimum pH monthly. Do not average pH values.
Reporting and Record Requirements The Permittee shall monitor and report in accordance with the conditions set forth in this permit. Falsification of the information submitted to Ecology or to the City of Moses Lake is a violation of the terms and conditions of this permit. Monitoring Results required by this permit shall be submitted in paper form by the 15th day of the month following the sampling period. A copy of the DMR in Ecology “Paris” format will be accepted so long as it is accompanied by the electronic signature form. Submit a digital copy of the DMR to: publicworksadmin@cityofml.com or wastewater@cityofml.com Or: Submit a paper copy of the DMR to: City of Moses Lake P.O. box 1579 Moses Lake, WA 98837 Attn: Wastewater Division
Waste Preventative Practices Waste preventive practices shall be used to reduce or eliminate contaminant loading to the POTW. These practices may include, but are not limited to the following: a. The Permittee shall provide access to the monitoring and flow control station for authorized representatives of the City during normal business hours and in the event of an emergency. b. The pretreatment and storage systems shall be maintained continuously in satisfactory and effective condition by the Permittee, and shall be subject to periodic inspection by the City.
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AmeriCold Corporation mm: 01/04/2022 Industrial Waste Discharge Permit No. 19 Page 5 of 6
c. The Permittee shall designate a representative whose responsibilities include the operation and maintenance of the pretreatment and storage facilities, monitoring and permit compliance, and all other aspects of the wastewater discharge. The representative shall be available to meet with the City on any matter related to the wastewater discharge to the POTW. d. The Permittee shall be held liable for all damages directly attributable to its wastewater discharge, exclusive of normal wear and tear. Permittee shall not be jointly and severally liable for the damage caused by any other party, but shall be liable for its pro-ratio share of all liability directly attributable to Permittee’s waste discharge. Liability for damages may include damages to the sewage collection system, pump stations, sewage treatment plant, and degradation of receiving water. e. The following requirements shall apply: In the event that hazardous petroleum or radioactive material reaches the POTW, contact 911 upon discovery. Then immediately notify the Public Works Division by phone or email. Reporting Permit Violations The Permittee shall take the following actions when either the City permit or the State permit conditions are violated: a. Immediately stop, contain, and cleanup unauthorized discharges; stop the noncompliance; and correct the cause of the problem. b. Contact the City of Moses Lake within 24-hours by phone or E-mail. If State permit conditions are violated, also follow the requirements of the State permit with regards to reporting violations. City Contact Information 1. Public Works Division 509-764-3951 or publicworksadmin@cityofml.com 2. Chris Campbell, Wastewater Manager 509-764-3965 or wastewater@cityofml.com 3. Multi-Agency Communications Center 911 emergency Permittee’s Contact Information The Permittee authorizes the following personnel to be contacted regarding this permit. Facility Contact: 1. William Purcell, Facility Service Manager 404-735-4154 or William.Purcell@americold.com
The Permittee shall notify the City whenever the contact(s) shown are revised.
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AmeriCold Corporation mm: 01/04/2022 Industrial Waste Discharge Permit No. 19 Page 6 of 6
GLOSSARY City: The City of Moses Lake, a municipal corporation of the State of Washington, or its duly authorized agents or representatives. Composite Sample: A mixture of grab samples collected at the same sampling point at different times, formed either by continuous sampling or by mixing discrete samples. The sample may be time-composite (collected at constant time intervals) or flow-proportional (collected either as a constant volume at time intervals proportional to stream flow); or collected by increasing the volume of each aliquot as the flow increased while maintaining a constant time interval between the aliquots. Constituent: Any of the pollutants or potential pollutants found in the wastewater. Effluent Limits: Flow, concentration, pH, and mass loading limitations for wastewater discharged to the POTW by the Permittee. Monitoring: The program of flow and constituent determination outlined to insure compliance with the effluent limitations and to define the flow and constituent levels in an expanded scope for the wastewater discharged to the POTW.
Permittee: AmeriCold Corporation
POTW: The system of gravity sewers, force mains, pumps stations, and sewage treatment plants owned by the City of Moses Lake. Wastewater: Water discharged as a by-product of any of the various industrial processes. In witness whereof, the parties hereto have caused this permit to be executed in duplicate by their respectively authorized officers or representatives. CITY OF MOSES LAKE Municipal Services Department 321 S. Balsam Street P. O. Drawer 1579 Moses Lake, WA 98837 Date _______________ By: _____________________________________ City Manager
William R. Purcell Facility Service Manager Americold Corporation 3245 Road N NE Moses Lake, Washington 98837 Date ________________ By: ____________________________________ Plant Manager
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Page 1 of 2
STAFF REPORT
To: Mayor and City Council
From: Allison Williams, City Manager
Date: February 2, 2022
Proceeding Type: Consent Agenda
Subject: Interlocal Agreement Regarding the PoML Crad Creek Railroad
Bridge Project
Legislative History: Financial Impact:
•First Presentation: February 2, 2022 Budgeted Amount: N/A
•Second Presentation: Unbudgeted Amount: TBD
•Action: Total Cost: Reimbursed
Overview
The Port of Moses Lake has been working on the development of a new route for rail (Realignment)
to access the Port of Moses Lake (PoML) properties, Grant County International Airport, and other
industrial properties along its route. This evening, the PoML will provide an update on the status of
the project. The City will be a permitting agency for the project and this will be the first agreement of
several as the entities move through the process to permit and build the project. This interlocal
agreement specifically addresses permitting of a new crossing of Crab Creek. After discussions
between the City, County and Port, the responsible permitting entity should be the City (due to
shoreline jurisdiction). The Port would provide the legwork required of the permitting process and
the City would provide the review. This is a project that is anticipated to require a Conditional Letter
of Map Revision (CLOMR). A CLOMR is required by FEMA when modifications are made to a
“floodway.”
This process will also take specialized expertise that will be provided by the City’s on-call planner
provided by SCJ Alliance. The costs are reimbursed as a permitting cost by the Port of Moses Lake and
the time/permitting costs are estimated at $11,000.
This Interlocal is being circulated for consideration to the other parties: the Grant County Commission
and the Port of Moses Lake. Staff is asking for review and approval of the agreement in order to move
forward on the process.
Fiscal and Policy Implications
The costs of the process would be reimbursed by the Port.
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Page 2 of 2
Council Packet Attachments
A. Interlocal Agreement
Finance Committee Review
N/A
Legal Review
Type of Document Title of Document Date Reviewed
Interlocal Agreement Crab Creek Railroad Bridge Project December 2021
Options
Option Results
• Authorize the Interlocal The permitting process would move forward
• Provide staff with changes Staff would follow requested changes
• Take no action The permitting would not move forward
Action Requested
Motion to authorize the Interlocal Agreement regarding the Local Government Review of the Port
of Moses Lake’s Crab Creek Railroad Bridge Project.
Moses Lake Council packet 2-8-22, Page 155 of 252
INTERLOCAL AGREEMENT REGARDING THE LOCAL GOVERNMENT REVIEW OF THE PORT OF MOSES LAKE’S CRAB CREEK RAILROAD BRIDGE PROJECT
THIS AGREEMENT (the “Agreement”), dated this ___ day of _______, 2022, is made pursuant to Ch. 39.34 RCW, by and between the PORT OF MOSES LAKE, a Washington municipal corporation (the “Port”), GRANT COUNTY, a political subdivision of the State of Washington (the “County”), and the CITY OF MOSES LAKE, a Washington city (the “City”). The Port, the County, and the City are collectively known as the “Parties”. WHEREAS, the Port is evaluating a project to realign the railroad to restore rail access to the Port of Moses Lake/Grant County International Airport (the “Airport”) and provide new rail service to industrial-zoned lands adjacent to the Airport and along the Wheeler Industrial Corridor (the “Realignment Project”). This railroad realignment is part of the Port’s Northern
Columbia Basin Railroad Project; WHEREAS, part of the Realignment Project would consist of construction of two new rail
line segments, and the acquisition of and refurbishment of an existing, unused third rail segment. Because the Port’s Realignment Project crosses both County and City jurisdictions, a separate Interlocal Agreement will govern the Port, County, and City roles and responsibilities in
the overall permitting of the Realignment Project; WHEREAS, another part of the Realignment Project would consist of construction of a new bridge over Parker Horn and Crab Creek, as depicted in Exhibit “A” attached hereto (the “Crab Creek Bridge Project”) and the parties have determined a separate Interlocal Agreement would be beneficial for the permitting of the Crab Creek Bridge Project;; WHEREAS, the proposed Crab Creek Bridge Project would be located along the boundary of the City’s jurisdictional limits, near its boundary with the County; WHEREAS, the City and County have reviewed their respective shoreline master
programs and concur that the City of Moses Lake Shoreline Master Program is the shoreline master program that is applicable to the Crab Creek Bridge Project area; WHEREAS, where a proponent’s project may impact a waterbody, the proponent must complete a Joint Aquatic Resources Permit Application (“JARPA”) form and submit the JARPA to the appropriate permitting agencies in order to apply for certain federal, state, and local
permits and approvals; WHEREAS, due to the Crab Creek Bridge Project’s proximity to the shoreline of Crab Creek, a JARPA must be submitted, in part, for local permits and authorizations; WHEREAS, the Port has resources to complete and submit a JARPA to local, state, and federal agencies, as applicable; WHEREAS, the City has consultants contracted through its Community Development Department who are able and willing to conduct a timely review of the Port’s JARPA in conformance with the City’s Shoreline Master Program;
Moses Lake Council packet 2-8-22, Page 156 of 252
2
WHEREAS, Ch. 86.12 RCW establishes the law in Washington with regard to floodplain management. State control of floodplain management is assumed, however, statewide
floodplain management regulation is to be exercised, in part, through local governments’ administration of the national flood insurance program regulations; WHEREAS, the City has adopted Ch. 18.53 City of Moses Lake Municipal Code governing Flood Hazard Areas (the “Flood Hazard Code”), which applies to all areas of special flood hazard within the jurisdiction of the City of Moses Lake. These regulations adopted “The Flood Insurance Study for Grant County, Washington and Incorporated Areas,” dated February 18, 2009, that was conducted by the Federal Emergency Management Agency (“FEMA”) (the “Flood Insurance Study”). Moreover, the Flood Hazard Code provides that the City Building Official is appointed to administer and implement it; WHEREAS, the Crab Creek Bridge Project is located in a Special Flood Hazard Area (“SFHA”) that was established as part of the Flood Insurance Study;
WHEREAS, modeling shows that the proposed Crab Creek Bridge Project will result in an increase to the Base Flood Elevation (“BFE”), as that term is defined by FEMA, by 0.14 feet; WHEREAS, any proposed project that encroaches upon a floodway and causes an increase to the BFE of greater than 0.0 feet requires FEMA to issue a Conditional Letter of Map Revision (“CLOMR”). A project proponent must request that FEMA issue a CLOMR and
compile a data submittal in support of that request; WHEREAS, a CLOMR does not revise an effective Flood Insurance Rate Map (“FIRM”). FEMA may follow a CLOMR by issuing a Letter of Map Revision (“LOMR”), which is an official revision to the currently effective FIRM. A LOMR changes flood zones and BFEs; WHEREAS, the City has staff and consultants through its Community Development Department who are able and willing to act as the local Floodplain Administrator (“FPA”) for (i) submittal of the CLOMR materials to FEMA and (ii) any submittal to the Washington State Department of Ecology, as applicable; and WHEREAS, the Parties recognize the continued importance of cooperating on the Crab Creek Bridge Project because it would support commerce and economic growth opportunities for each of the Parties.
THEREFORE, for and in consideration of the mutual terms and conditions contained herein, the Parties hereby agree as follows:
1. Purpose. This Agreement memorializes the Parties’ agreement concerning the Port’s agreement to bear the costs of the Project’s permitting requirements, the City’s review of the
Port’s JARPA for the Crab Creek Bridge Project, the County’s concurrence in the City’s review, and the Parties’ agreement to cooperate on the Crab Creek Bridge Project. This cooperation will include, without limitation, the County’s concurrence in the outcome of the City’s review and issuance of permits and/or approvals under the City’s Shoreline Master Plan. 2. Local Government JARPA Review. Subject to the terms and conditions set forth
herein, the City agrees to conduct the review of the Port’s JARPA for local government shoreline permits and/or approvals, including but not limited to, a Shoreline Substantial Development Permit or a Shoreline Variance for the Crab Creek Bridge Project. Subject to
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3
the terms and conditions set forth herein, the County concurs in the City conducting such review and agrees to support the City’s issuance of such permits and/or approvals.
3. CLOMR Process. Subject to the terms and conditions set forth herein, the City agrees
to act as the local FPA for submittal of CLOMR materials to FEMA for the Crab Creek Bridge Project. The City shall review the hydraulic analysis and CLOMR application and reserves the right to engage a technical specialist to perform an independent review of said materials. The City shall be responsible for all correspondence and engagement with FEMA concerning the CLOMR request, including but not limited to any revision to the BFE through the CLOMR or LOMR process. Furthermore, the Parties agree that the City shall support the application for a variance under the National Flood Insurance Program (“NFIP”) for the increase in BFE for the Crab Creek Bridge Project. 4. Public Notifications. The Port shall develop a public information and notification program related to project planning and construction activities and schedule for the Crab Creek Bridge Project. This public information and notification program shall be initiated as part of the overall Realignment Project public outreach program, which is outlined in the separate Interlocal Agreement for the Realignment Project.
5. Costs. The Port shall remain responsible for all of the costs of completing the JARPA and any other steps necessary for submitting the JARPA to any federal and/or state agencies,
as the case may be, as well as the cost of compiling the CLOMR materials and requesting any variance under the NFIP. The City’s review of the Port’s JARPA materials and CLOMR application (including supporting materials and independent review of the hydraulic analysis) will
be conducted subject to the City’s usual and customary fees and charges for such review. In addition, the Port will reimburse the City for all fees associated with specialized technical review of the CLOMR materials by consultants. 6. Agreement Administration. This Agreement shall be administered by the County’s Director of Development Services the City’s Community Development Director, and the Port’s Director of Facilities. Any notice under this Agreement shall be sent, postage pre-paid, by regular mail, or delivered personally. Any notice so posted shall be deemed received two (2) business days after the date of mailing. Notices shall be mailed or delivered to the following persons at the following addresses:
GRANT COUNTY CITY OF MOSES LAKE Director of Development Services Community Development 264 W. Division Avenue Director
P.O. Box 37 321 S. Balsam Street Ephrata, WA 98823 P.O. Box 1579 Moses Lake, WA 98837
PORT OF MOSES LAKE Director of Facilities 7810 Andrews N.E. Suite 200 Moses Lake, WA 98837 7. Independent Governments; No Liability. Each Party is and shall remain an independent government. This Agreement does not create a partnership or other similar arrangement. No agent, employee or representative of any Party shall be deemed to be
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an agent, employee, or representative of any other Party for any purpose, and the employees of a Party are not entitled to any of the benefits the other Parties provide to
its employees. Each Party shall be responsible for the wrongful or negligent actions of its respective public officials, employees, or agents while engaged in the performance of duties under this Agreement as their respective liability shall appear under the laws of
the State of Washington and/or Federal Law and this agreement is not intended to diminish or expand such liability. 8. Indemnification. Each party shall indemnify and hold harmless the others, its officers, agents, elected officials, appointed officials, and employees from all liability, loss of damage, including costs of defense they may suffer as a result of claims, demands, actions, damages, costs of judgements which result from each party’s own intentional or negligent acts relating to services provided pursuant to this Agreement. In the event that more than one party is negligent in a matter arising out of the activities of the parties pursuant to this Agreement, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses including costs and reasonable attorney’s fees.
9. Dispute Resolution. The Parties shall attempt to resolve all claims, disputes, and other matters in question, arising out of, or related to, this Agreement, first through informal discussions and then through formal written notification and cure, before resorting to litigation.
10. Severability. In the event any term or condition contained in this Agreement or application thereof to any person or circumstance is held invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other term or condition hereof, and the parties will reasonably cooperate to modify this Agreement to achieve the purposes set forth herein. 11. Term. This Agreement shall be effective when signed by the duly authorized governing bodies of the County, the City, and the Port, and shall remain in full force and effect until the purposes set forth herein are achieved, or until modified or terminated by mutual agreement of the Parties, whichever occurs first. 12. Modifications. This Agreement may be amended and modified by a written agreement signed by the Parties, in the same manner as the signing of the original Agreement.
12. Waiver. No failure by the Parties to insist upon the strict performance of any term or condition of this Agreement, or to exercise any right or remedy upon a breach thereof, shall
constitute a waiver or breach of any other term or condition of this Agreement. 13. Governing Laws. This Agreement and the rights of the Parties hereto, shall be
governed by and construed in accordance with the laws of the State of Washington and the Parties agree that in any such action, jurisdiction and venue shall lie exclusively in Grant County, Washington. 14. No Third-Party Beneficiaries. This Agreement is intended to be enforceable only by the County, the City, and the Port. There are no third-party beneficiaries to this Agreement.
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15. Counterparts and Electronic Transmission. This Agreement may be signed in counterparts. Electronic transmission of any signed original document, and retransmission of
any signed electronic transmission shall be the same as delivery of an original document. 16. Entire Agreement. This Agreement contains all terms and conditions agreed upon by
the parties on the issues covered by it, except as supplemented by subsequent written agreements made by the Parties. All prior negotiations and draft written agreements are merged into and superseded by this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either of the parties hereto. 17. Execution. The persons signing below represent and warrant that they have the requisite authority to bind the Party on whose behalf they are signing. 18. Compliance with Laws. Each Party hereto, in its performance of this Agreement, agrees to comply with all applicable local, State, and Federal laws and ordinances. 19. Maintenance of Records. Each Party hereto agrees to maintain books, records, and documents using accounting procedures which accurately reflect all direct and
indirect costs related to the performance of services described herein. Each Party may examine the other Party’s books and records to verify the accuracy of invoices and performance of services. Each Party’s fiscal management system shall include the capability to provide
accurate and complete disclosure of all costs invoiced under this Agreement. All books, records, documents and other materials relevant to this agreement will be retained in accordance with the Washington State records retention schedules, and the Office of the State Auditor and any
persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Each Party will utilize reasonable security procedures and protections to assure that records and documents provided by the other Party are not erroneously disclosed to third parties. IN WITNESS HEREOF, the County, the City, and the Port have caused this Agreement to be executed in their names and to be attested by their duly authorized officers on the dates written below. GRANT COUNTY BOARD OF COMMISSIONERS CITY OF MOSES LAKE
By: By: Danny Stone, Chair Allison Williams, City Manager
Date: Date: By: PORT OF MOSES LAKE
Rob Jones, Vice Chair By: Date: Don Kersey, Executive Director By: Cindy Carter, Member
Date:
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EXHIBIT “A” DEPICTION OF CRAB CREEK BRIDGE PROJECT
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Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: January 29, 2022
Proceeding Type: Consent Agenda
Subject: Well 34 Pump Test Project (GC2021-051)
Motion to Award Project
Legislative History: Financial Impact:
• First Presentation: February 8, 2022 Budgeted Amount: $ 81,300.00
• Second Presentation: Unbudgeted Amount: NA
• Action: Motion Total Cost: $ 81,300.00
Overview
The Public Works Department and the
City’s water rights consultant, Aspect
Consulting, have determined that a fully
developed Well 34 would provide a
strategic and advantageous addition to the
City’s water supply system on the west side
of the Lake.
Well 34 was drilled in April of 2016, but
was not fully developed or approved as a
municipal water source for the City of
Moses Lake. The steps to gaining
Department of Health approval are:
• Fully develop the well screen.
• Complete a step drawdown pump test and constant rate pump test.
• Test the water quality.
• Prepare a licensed hydrologist stamped report documenting these tests.
This project would complete all of these steps. The City would then be ready to apply with the
the Department of Health to add this well to the domestic potable water supply system.
WELL 34 500 N. Montana Street
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Page 2 of 2
Bid Summary
Staff opened bids for the Well 34
Pump Test Project January 20, 2022.
The City received two bids for the
project. Empire Well Drilling
submitted the low bid for the project
in the amount of $81,300.00
(Attachment A). The Engineer’s
Estimate was $99,218.52. Empire
Well Drilling has all of their licenses in
place with the State and is judged to
be a responsible bidder per State
requirements.
Fiscal and Policy Implications
The Well 34 Pump Test Project would require planned and budgeted funds to be spent. The low
bid is 18% under the Engineer’s Estimate. January is a good time of year to be going out to bids,
as contractors are locking in their work for the next building season.
Council Packet Attachment
A. Well 34 Pump Test - Bid Results
Finance Committee Review
N/A
Legal Review
N/A
Options
Option Results
• Award the Project Staff will notify the low bidder that they have been
awarded the project.
• Take no action Staff will direct the low bidder to await further
direction from City Council.
• Reject the Project Staff will notify bidders that the project has been
canceled.
Action Recommended
Staff recommends awarding the Well 34 Pump Test Project to Empire Well Drilling for the amount
of $81,300.00. This would provide additional strategic well capacity on the west side of the Lake
for future growth.
Well 34 Wellhead
Moses Lake Council packet 2-8-22, Page 163 of 252
PROJECT NAME: Well 34 Pump Test Project - 2022
BID RESULTS
1 Mobilization 1-09 1 LS $6,500.00 $6,500.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00
2 Well Development 8-30 1 LS $17,000.00 $17,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00
3 Pump Test 8-30 1 LS $36,500.00 $36,500.00 $20,000.00 $20,000.00 $25,000.00 $25,000.00
4 Discharge Water 8-30 1 LS $27,250.00 $27,250.00 $9,000.00 $9,000.00 $5,000.00 $5,000.00
5 Stamped Well Report 8-30 1 LS $4,280.00 $4,280.00 $1,000.00 $1,000.00 $7,500.00 $7,500.00
91,530.00$ $75,000.00 $82,500.00
8.4%7,688.52$ $6,300.00 $6,930.00
99,218.52$ $81,300.00 $89,430.00
Schedule A: Water Improvements
UNIT PRICE AMOUNT
Engineers Estimate
Empire Well Drilling
Wenatchee WA
Holt Services, Inc.
Milton WA
PROJECT NUMBER: GC2021-051
SUBTOTAL SCHEDULE A
SALES TAX
Total Schedule A
ITEM ITEM DESCRIPTION SECTION
APPROX.
QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
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Page 1 of 3
STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: January 29, 2022
Proceeding Type: New Business
Subject: Award Miscellaneous Sewer Repairs Project (GC2021-028)
Legislative History: Financial Impact:
• First Presentation: February 8, 2022 Budgeted Amount: $ 437,724.62
• Second Presentation: Unbudgeted Amount: NA
• Action: Motion Total Cost: $ 437,724.62
Overview
The Municipal Services and Public Works
departments have identified several critical
improvements for the City sewer system. The
project would include repairing and replacing
gravity sanitary sewer lines, installing three new
sanitary sewer manholes, two sanitary sewer
bypass assemblies, and extending a new sanitary
sewer force main.
The project also includes removing and replacing
three deteriorating storm sewer catch basins
along with some associated sidewalk, ADA ramp,
and asphalt repair in the vicinity.
Sewer Bypass Connections: The sewer bypass connections will benefit future maintenance and
provide emergency sewer bypass operations for the sewer system up stream of the Central
Operations Facility (MAP SITE C).
Work Site Locations
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Page 2 of 3
Sewer Force Main Extension: This will provide a reduction of the total wastewater flow through
the Main Lift Sation by pumping the Division Lift Station to the outlet side of the Main Lift Station
(MAP SITE D). This is an important improvement step to provide a better balance of flow rates
through the Main Lift Station, Division Lift Station, and Wheeler Lift Station. This project also
includes a tie-in valve for to connect the future planned Wheeler Lift Station force main extension.
Bid Summary
Staff opened bids for the Miscellaneous Sewer Repairs Project on January 26, 2022. The City received
six bids for the project. POW Contracting (Pasco, WA) submitted the low bid for the project in the
amount of $437,724.62 (Attachement A). The Engineer’s Estimate was $658,204.80. POW Contracting
has all of their licenses in place with the State and is judged to be a responsible bidder per State
requirements.
MAIN LIFT STATION CORNER OF BEACH AND 6TH AVE
DIVISION STREET LIFT STATION
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Page 3 of 3
Fiscal and Policy Implications
The Miscellaneous Sewer Repair Project would require planned and budgeted funds to be spent.
The low bid is 33% under the Engineer’s Estimate. January is a good time of year to be going to
bids, as contractors are locking in their work for the building season.
Council Packet Attachment
A. Misc Sewer Repairs Project Bid Results List
Finance Committee Review
N/A
Legal Review
N/A
Options
Option Results
• Award the Project Staff will notify the low bidder that they have been
awarded the project.
• Take no action Staff will direct the low bidder to await further
direction from City Council.
• Reject the Project Staff will notify bidders that the project has been
canceled.
Action Requested
Staff recommends awarding the Miscellaneous Sewer Repair Project (GC2021-028) to POW
Contracting for the amount of $437,724.62. The low bid is 33% under the Engineer’s Estimate.
January/February/March is typically a good time of year to be going out for bids, as contractors are
locking in their work for the building season and competition is strong. Note that there were (6)
bidders for the work.
Moses Lake Council packet 2-8-22, Page 167 of 252
PROJECT NAME: Miscellaneous Sewer Repair Project
BID RESULTS
1 Mobilization 1-09 1 L.S. $40,450.00 $40,450.00 $32,000.00 $32,000.00 $28,732.00 $28,732.00 $40,000.00 $40,000.00 $46,000.00 $46,000.00 $30,000.00 $30,000.00 $45,000.00 $45,000.00
2 Traffic Control 1-10 1 L.S. $43,000.00 $43,000.00 $22,000.00 $22,000.00 $27,203.00 $27,203.00 $50,000.00 $50,000.00 $27,100.00 $27,100.00 $28,000.00 $28,000.00 $48,574.00 $48,574.00
3 Sawcut Pavement or Concrete 2-02 3950 L.F. $4.50 $17,775.00 $2.00 $7,900.00 $1.00 $3,950.00 $4.00 $15,800.00 $1.25 $4,937.50 $3.40 $13,430.00 $4.00 $15,800.00
4 Remove Curb and Gutter 2-02 25 L.F. $30.00 $750.00 $10.00 $250.00 $32.00 $800.00 $7.00 $175.00 $20.00 $500.00 $30.00 $750.00 $14.00 $350.00
5 Remove Pavement and Concrete Sidewalk 2-02 1800 S.Y. $17.50 $31,500.00 $5.00 $9,000.00 $19.00 $34,200.00 $8.00 $14,400.00 $20.00 $36,000.00 $12.00 $21,600.00 $13.00 $23,400.00
6 Water 2-07 100 MGal $15.00 $1,500.00 $10.00 $1,000.00 $11.00 $1,100.00 $100.00 $10,000.00 $10.00 $1,000.00 $40.00 $4,000.00 $17.00 $1,700.007 Shoring or Extra Excavation Class B 2-09 9500 S.F. $2.00 $19,000.00 $1.00 $9,500.00 $0.32 $3,040.00 $1.00 $9,500.00 $1.50 $14,250.00 $0.60 $5,700.00 $1.00 $9,500.008 Trimming and Cleanup 2-11 1 LS $9,500.00 $9,500.00 $2,500.00 $2,500.00 $9,312.00 $9,312.00 $500.00 $500.00 $1,500.00 $1,500.00 $16,800.00 $16,800.00 $18,796.00 $18,796.009 HMA Patch Cl 3/8 Inch PG 64-28 5-06 730 SY $100.00 $73,000.00 $72.00 $52,560.00 $66.00 $48,180.00 $120.00 $87,600.00 $35.61 $25,995.30 $45.50 $33,215.00 $61.00 $44,530.0010 Manhole 48 Inch Diameter 7-05 3 EA $7,500.00 $22,500.00 $5,000.00 $15,000.00 $4,146.00 $12,438.00 $4,000.00 $12,000.00 $3,983.33 $11,949.99 $6,200.00 $18,600.00 $5,006.00 $15,018.00
11 Sewer Bypass Assembly 7-05 1 EA $7,500.00 $7,500.00 $4,500.00 $4,500.00 $7,757.00 $7,757.00 $2,000.00 $2,000.00 $18,000.00 $18,000.00 $8,260.00 $8,260.00 $7,433.00 $7,433.00
12 Abandon Existing Manholes 7-05 2 EA $1,200.00 $2,400.00 $1,500.00 $3,000.00 $500.00 $1,000.00 $600.00 $1,200.00 $1,500.00 $3,000.00 $2,800.00 $5,600.00 $1,587.00 $3,174.00
13 Connect to Existing Manhole 7-05 1 EA $1,000.00 $1,000.00 $2,150.00 $2,150.00 $889.00 $889.00 $2,500.00 $2,500.00 $1,000.00 $1,000.00 $3,800.00 $3,800.00 $2,470.00 $2,470.00
14 Plug Existing Manhole Connection 7-05 2 EA $500.00 $1,000.00 $750.00 $1,500.00 $178.00 $356.00 $600.00 $1,200.00 $250.00 $500.00 $1,800.00 $3,600.00 $614.00 $1,228.0015 Adjust Manholes to Grade 7-05 3 EA $650.00 $1,950.00 $1,250.00 $3,750.00 $473.00 $1,419.00 $600.00 $1,800.00 $150.00 $450.00 $1,200.00 $3,600.00 $771.00 $2,313.0016 Adjust Bypass to Grade 7-05 1 EA $900.00 $900.00 $1,250.00 $1,250.00 $756.00 $756.00 $600.00 $600.00 $400.00 $400.00 $1,200.00 $1,200.00 $551.00 $551.0017 Plugging Existing Pipe 7-08 4 EA $850.00 $3,400.00 $500.00 $2,000.00 $322.00 $1,288.00 $600.00 $2,400.00 $250.00 $1,000.00 $650.00 $2,600.00 $547.00 $2,188.0018 PVC Sewer Pipe 6 Inch Diameter 7-17 110 L.F. $95.00 $10,450.00 $40.00 $4,400.00 $41.00 $4,510.00 $55.00 $6,050.00 $483.66 $53,202.60 $128.00 $14,080.00 $60.00 $6,600.00
19 PVC Sewer Pipe 8 Inch Diameter 7-17 605 L.F. $100.00 $60,500.00 $54.00 $32,670.00 $33.00 $19,965.00 $70.00 $42,350.00 $87.93 $53,197.65 $78.00 $47,190.00 $66.00 $39,930.00
20 Tapping Sleeve and Valve Assembly 16 Inch 7-20 1 EA $25,300.00 $25,300.00 $11,250.00 $11,250.00 $14,107.00 $14,107.00 $6,000.00 $6,000.00 $9,032.86 $9,032.86 $14,000.00 $14,000.00 $10,551.00 $10,551.00
21 Bypass Pumping 7-20 1 L.S. $26,000.00 $26,000.00 $5,000.00 $5,000.00 $18,700.00 $18,700.00 $15,000.00 $15,000.00 $1,000.00 $1,000.00 $20,000.00 $20,000.00 $34,106.00 $34,106.00
22 PVC Sewer Force Main, 6 Inch Diameter 7-20 270 L.F. $85.00 $22,950.00 $75.00 $20,250.00 $37.00 $9,990.00 $65.00 $17,550.00 $197.04 $53,200.80 $72.00 $19,440.00 $63.00 $17,010.00
23 PVC Sewer Force Main, 10 Inch Diameter 7-20 600 L.F. $117.00 $70,200.00 $85.00 $51,000.00 $74.00 $44,400.00 $70.00 $42,000.00 $88.67 $53,202.00 $108.00 $64,800.00 $93.00 $55,800.0024 Gate Valve 6 Inch (Division Street Only)7-20 2 EA $2,430.00 $4,860.00 $1,250.00 $2,500.00 $3,591.00 $7,182.00 $2,000.00 $4,000.00 $1,400.00 $2,800.00 $1,980.00 $3,960.00 $1,310.00 $2,620.0025 Connect to Existing Sewer Force Main 7-20 2 EA $500.00 $1,000.00 $1,500.00 $3,000.00 $1,309.00 $2,618.00 $5,000.00 $10,000.00 $1,210.00 $2,420.00 $1,200.00 $2,400.00 $2,194.00 $4,388.0026 COF Bypass Assembly 7-21 1 L.S. $23,500.00 $23,500.00 $41,250.00 $41,250.00 $26,643.00 $26,643.00 $15,000.00 $15,000.00 $19,240.00 $19,240.00 $38,800.00 $38,800.00 $50,000.00 $50,000.0027 Inlet Protection 8-01 5 EA $250.00 $1,250.00 $50.00 $250.00 $66.00 $330.00 $150.00 $750.00 $25.00 $125.00 $120.00 $600.00 $78.00 $390.00
28 Sod Installation 8-02 100 S.F. $4.00 $400.00 $5.00 $500.00 $6.00 $600.00 $15.00 $1,500.00 $2.00 $200.00 $24.00 $2,400.00 $7.00 $700.00
29 Repair Disturbed Irrigation System 8-03 1 L.S. $3,200.00 $3,200.00 $1,000.00 $1,000.00 $906.00 $906.00 $1,500.00 $1,500.00 $1,000.00 $1,000.00 $2,808.00 $2,808.00 $1,125.00 $1,125.00
30 Cement Concrete Curb and Gutter 8-04 25 L.F. $45.00 $1,125.00 $95.00 $2,375.00 $140.00 $3,500.00 $90.00 $2,250.00 $100.00 $2,500.00 $78.00 $1,950.00 $120.00 $3,000.00
31 Cement Concrete Sidewalk / Driveway 8-14 20 S.Y. $220.00 $4,400.00 $130.00 $2,600.00 $232.00 $4,640.00 $125.00 $2,500.00 $70.00 $1,400.00 $118.00 $2,360.00 $278.00 $5,560.0032Paint Line 8-22 300 L.F.$5.00 $1,500.00 $10.00 $3,000.00 $3.00 $900.00 $3.00 $900.00 $4.66 $1,398.00 $8.80 $2,640.00 $4.00 $1,200.00
533,760.00$ $350,905.00 $341,411.00 $419,025.00 $447,501.70 $438,183.00 $475,005.00
8.4%44,835.84$ $29,476.02 $28,678.52 $35,198.10 $37,590.14 $36,807.37 $39,900.42
578,595.84$ $380,381.02 $370,089.52 $454,223.10 $485,091.84 $474,990.37 $514,905.42
1 Mobilization 1-09 1 LS $5,450.00 $5,450.00 $5,000.00 $5,000.00 $10,725.00 $10,725.00 $6,000.00 $6,000.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00 $6,000.00 $6,000.00
2 Traffic Control 1-10 1 LS $11,200.00 $11,200.00 $5,000.00 $5,000.00 $3,839.00 $3,839.00 $6,000.00 $6,000.00 $10,000.00 $10,000.00 $14,000.00 $14,000.00 $9,108.00 $9,108.00
3 Sawcut Pavement or Concrete 2-02 220 LF $4.50 $990.00 $5.00 $1,100.00 $1.00 $220.00 $4.00 $880.00 $1.25 $275.00 $3.40 $748.00 $4.00 $880.00
4 Remove Curb and Gutter 2-02 90 LF $30.00 $2,700.00 $10.00 $900.00 $16.00 $1,440.00 $7.00 $630.00 $20.00 $1,800.00 $32.00 $2,880.00 $16.00 $1,440.005 Remove Pavement and Concrete Sidewalk 2-02 150 SY $50.00 $7,500.00 $10.00 $1,500.00 $20.00 $3,000.00 $8.00 $1,200.00 $20.00 $3,000.00 $28.00 $4,200.00 $14.00 $2,100.006 HMA Patch Cl 3/8 Inch PG 64-28 5-06 75 SY $100.00 $7,500.00 $72.00 $5,400.00 $80.00 $6,000.00 $120.00 $9,000.00 $33.00 $2,475.00 $46.00 $3,450.00 $77.00 $5,775.007 30 Inch Round Catch Basin 7-05 3 EA $4,900.00 $14,700.00 $3,500.00 $10,500.00 $4,396.00 $13,188.00 $2,500.00 $7,500.00 $935.00 $2,805.00 $2,400.00 $7,200.00 $2,083.00 $6,249.00
8 Connect to Existing Drainage Structure 7-05 3 EA $350.00 $1,050.00 $750.00 $2,250.00 $1,278.00 $3,834.00 $600.00 $1,800.00 $1,000.00 $3,000.00 $1,800.00 $5,400.00 $550.00 $1,650.00
9 PVC Sewer Pipe 10 Inch Diameter 7-17 30 L.F. $100.00 $3,000.00 $75.00 $2,250.00 $126.00 $3,780.00 $70.00 $2,100.00 $28.00 $840.00 $180.00 $5,400.00 $228.00 $6,840.00
10 Cement Concrete Curb and Gutter 8-04 90 L.F. $45.00 $4,050.00 $95.00 $8,550.00 $140.00 $12,600.00 $90.00 $8,100.00 $100.00 $9,000.00 $76.00 $6,840.00 $124.00 $11,160.00
11 Cement Concrete Sidewalk / Driveway 8-14 60 SY $220.00 $13,200.00 $130.00 $7,800.00 $216.00 $12,960.00 $125.00 $7,500.00 $70.00 $4,200.00 $112.00 $6,720.00 $217.00 $13,020.00
12 Detectable Warning Surface 8-14 20 SF $45.00 $900.00 $100.00 $2,000.00 $94.00 $1,880.00 $70.00 $1,400.00 $25.00 $500.00 $80.00 $1,600.00 $94.00 $1,880.0013 Permanent Signing 8-21 1 LS $800.00 $800.00 $250.00 $250.00 $440.00 $440.00 $2,000.00 $2,000.00 $400.00 $400.00 $500.00 $500.00 $440.00 $440.0014Paint Line 8-22 40 LF $10.00 $400.00 $10.00 $400.00 $6.00 $240.00 $3.00 $120.00 $5.00 $200.00 $9.00 $360.00 $6.00 $240.00
73,440.00$ $52,900.00 $74,146.00 $54,230.00 $53,495.00 $69,298.00 $66,782.00
8.4%6,168.96$ $4,443.60 $6,228.26 $4,555.32 $4,493.58 $5,821.03 $5,609.69
79,608.96$ $57,343.60 $80,374.26 $58,785.32 $57,988.58 $75,119.03 $72,391.69
578,595.84$ $380,381.02 $370,089.52 $454,223.10 $485,091.84 $474,990.37 $514,905.42
79,608.96$ $57,343.60 $80,374.26 $58,785.32 $57,988.58 $75,119.03 $72,391.69
658,204.80$ $437,724.62 $450,463.78 $513,008.42 $543,080.42 $550,109.40 $587,297.11
Cost amounts listed that are grey and italicized have been corrected from the submitted bid.
Bayshore Construction Company LLC
Arlington, WA
UNIT PRICE AMOUNT
Bayshore Construction Company LLC
Arlington, WA
UNIT PRICE AMOUNT
Bayshore Construction Company LLC
Arlington, WA
Ellensburg, WA
UNIT PRICE AMOUNT
Belsaas & Smith Construction Inc.
Ellensburg, WA
Belsaas & Smith Construction Inc.
Ellensburg, WA
UNIT PRICE AMOUNT
Belsaas & Smith Construction Inc.
SUBTOTAL SCHEDULE A
SALES TAX
Total Schedule B
AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNTUNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICEITEMITEM DESCRIPTION SECTION
APPROX.
QUANTITY UNIT
POW Contracting Mass X Construction LLC
C&M Landscape and Excavation Advanced Excavation Inc.
Schedule B: Storm Sewer Improvements Engineers Estimate Pasco, WA Ellensburg, WA Wenatchee, WA Moses Lake, WA
Advanced Excavation Inc.
Moses Lake, WA
UNIT PRICE AMOUNT
Mass X Construction LLC
Ellensburg, WA
UNIT PRICE AMOUNT
C&M Landscape and Excavation
Wenatchee, WA
UNIT PRICE AMOUNTUNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
SUBTOTAL SCHEDULE A
SALES TAX
Total Schedule A
ITEM ITEM DESCRIPTION SECTION
APPROX.
QUANTITY
Schedule A: Sewer Improvements Engineers Estimate
POW Contracting
Pasco, WA
PROJECT NUMBER: GC2021-028
Total Schedule B
Total Schedule A
Total Schedules A&B
POW Contracting Mass X Construction LLC
C&M Landscape and Excavation Advanced Excavation Inc.
Engineers Estimate Pasco, WA Ellensburg, WA Wenatchee, WA Moses Lake, WA
Moses Lake Council packet 2-8-22, Page 168 of 252
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: February 2, 2021
Proceeding Type: Consent Agenda
Subject: Reservoir 2 Painting Project (GC2021-050)
Motion to Reject All Bids
Legislative History: Financial Impact:
• First Presentation: February 8, 2022 Budgeted Amount: $ N/A
• Second Presentation: Unbudgeted Amount: $ N/A
• Action: Motion Total Cost: $ N/A
Overview
Engineering and Operations staff
initiated painting projects for the
City’s potable water reservoirs
two years ago. The plan has been
to paint the exterior of one
reservoir per year. Reservoir 2 is
the reservoir selected for this
year. It is located in Lakeview
Park at 800 South Clover Drive.
The benefits of completing the
project will include increasing the
useful life expectancy of the
reservoir, installing the current
city logo on the reservoir, and
improving the aesthetics of this
highly visible City landmark.
BID SUMMARY:
Staff opened bids for the Reservoir 2 Painting Project on January 27, 2022. The City received six bids for
the project. The two lowest bids submitted were for the amounts of $241,721.16 and $302,847.92.
The Engineer’s Estimate was $344,603.60.
Reservoir 2
Moses Lake Council packet 2-8-22, Page 169 of 252
Page 2 of 2
Explanation of Staff Recommendation:
The bid documents included requirements for the submission of supplemental bidder responsibility
materials. Staff is recommending that the process for submitting supplemental bidder criteria be
updated in the contract documents in order to reflect a clearer process for bidders and that
incorporates all legal requirements. This update should result in more responsive and competitive
bids. Accordingly, staff is recommending that Council reject all bids, allow staff time to update the
contract documents regarding the supplemental bidder responsibility criteria, and rebid the project.
Staff has already working on the updates and the project should be out for rebid shortly.
Fiscal and Policy Implications
N/A
Council Packet Attachment
A. Reservoir 2 Painting Project Bid Results (GC2021-050)
Finance Committee Review
N/A
Legal Review
N/A
Options
Option Results
• Reject All Bids Staff will notify all bidders that all bids have been
rejected and that the project will be rebid soon.
• Take No Action Staff will await further instructions from City
Council.
Action Requested
Staff recommends rejecting all bids for the Reservoir 2 Painting Project. The project will be re-bid
after updating the supplemental bidder responsibility criteria.
Moses Lake Council packet 2-8-22, Page 170 of 252
PROJECT NAME: Reservoir 2 Painting Project
BID RESULTS
1 Mobilization 1-09 1 LS $22,300.00 $22,300.00 $4,000.00 $4,000.00 $15,250.00 $15,250.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $50,000.00 $50,000.00
2 Painting 6-20 1 LS $117,200.00 $117,200.00 $60,990.00 $60,990.00 $121,652.00 $121,652.00 $132,200.00 $132,200.00 $142,450.00 $142,450.00 $213,000.00 $213,000.00 $334,267.00 $334,267.00
3 Containment Structure 6-20 1 LS $135,400.00 $135,400.00 $132,000.00 $132,000.00 $116,378.00 $116,378.00 $138,360.00 $138,360.00 $206,250.00 $206,250.00 $140,000.00 $140,000.00 $156,000.00 $156,000.00
4 City Logo 6-21 1 LS $24,500.00 $24,500.00 $16,000.00 $16,000.00 $20,000.00 $20,000.00 $23,000.00 $23,000.00 $23,430.00 $23,430.00 $37,000.00 $37,000.00 $20,000.00 $20,000.00
5 Miscellaneous Work 6-22 1 LS $18,500.00 $18,500.00 $10,000.00 $10,000.00 $6,100.00 $6,100.00 $33,900.00 $33,900.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00
317,900.00$ $222,990.00 $279,380.00 $342,460.00 $387,130.00 $405,000.00 $565,267.00
8.4%26,703.60$ $18,731.16 $23,467.92 $28,766.64 $32,518.92 $34,020.00 $47,482.43
344,603.60$ $241,721.16 $302,847.92 $371,226.64 $419,648.92 $439,020.00 $612,749.43
Cost amounts listed that are grey and italicized have been corrected from the submitted bid.
Columbia Industrial
Coatings, LLC
Richland, WA
UNIT PRICE AMOUNT
Schedule A: Water Improvements
Purcell Painting and
Coatings
Tukwila, WA
UNIT PRICE AMOUNT
HCI Industrial & Marine
Coatings Inc.
Brush Prairie, WA
UNIT PRICE AMOUNTUNIT PRICE AMOUNT
K-5 Contracting Inc.
Yakima, WA
UNIT PRICE AMOUNT
Engineers Estimate
Cascade Industrial Services
LLC
Rathdrum, ID
Hancock Sandblast and
Painting LLC
Pasco, WA
PROJECT NUMBER: GC2021-050
SUBTOTAL SCHEDULE A
SALES TAX
Total Schedule A
ITEM ITEM DESCRIPTION SECTION
APPROX.
QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT
Moses Lake Council packet 2-8-22, Page 171 of 252
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: February 3, 2022
Proceeding Type: New Business
Subject: Extra Territorial Agreement (ETA)
Policy Discussion
Per Resolution #3717 dated February 27, 2018
Legislative History: Financial Impact:
• First Presentation: February 8, 2022 Budgeted Amount: N/A
• Second Presentation: Unbudgeted Amount: N/A
• Action: First Discussion Only Total Cost: N/A
Overview
Extra Territorial Agreements (ETA) are used to provide
water and sewer services outside the City Corporate
limits, but within the Urban Growth Area (UGA). The City
is not obligated by State law to provide services into the
UGA, it does so voluntarily to provide for responsible
growth. As such, Extra Territorial Agreements (ETA) are
not defined in City Code, they are legally enabled by
Resolution #3717 (See Attachment A).
The current processing of Extra Territorial Agreements
uses an agreement form that was created by City legal
counsel (See Attachment B). This agreement form closely
follows the Resolution #3717 that legally enables Extra
Territorial Agreements.
City staff is requesting a policy that provides clarification and guidance for how staff will process
Extra Territorial Agreements and how they should be presented to City Council for consideration
of approval. In short, not all Extra Territorial Agreements are financially equal in their costs to the
City to provide for them long-term. Therefore, Extra Territorial Agreements need to be evaluated
individually for financial feasibility and their true long-term costs be fairly presented to the Council
for approval consideration.
Moses Lake Council packet 2-8-22, Page 172 of 252
Page 2 of 2
Evaluating Long-Term Costs
An ETA request needs to be evaluated individually, as the long-term costs to maintain water and
sewer utilities outside of the corporate City limits can be very different. Close extensions, within
the same water pressure zone, and with existing reservoir capacity are very different from long
extensions out into areas without reservoirs, without wells, and without water rights.
Fiscal and Policy Implications
City water and sewer fees for extra territorial services is 125% of the fee for those within the City.
125% may be adequate to provide positive long-term cost-benefit analysis for short extensions near
the City, but may not be enough for maintenance of long extensions, with extra territorial reservoirs,
and extra territorial wastewater pump stations.
Therefore, an engineer’s estimate and cost-benefit analysis would be included in staff reports to
Council for each ETA. In many cases, ETA’s would be supported by City staff. However, ETA’s not
supported by City staff can still go forward to Council for approval consideration.
Council Packet Attachments
A. Resolution #3717 from 02.27.2018
B. Extra Territorial Agreement Form (Blank Example)
C. Extra Territorial Agreement Policy Memo (Draft)
Finance Committee Review
N/A
Legal Review:
N/A
Action Requested
No action is requested at this time. This session is intended to provide for a first discussion of
briefing on the Extra Territorial Agreements. A formal Updated ETA Policy Resolution will come in
a later Council session.
It should be noted that several existing Extra Territorial Agreements applications are awaiting
processing and resolution with an updated ETA Policy. Therefore, it is important to move this
forward with discussions, updates, and a formal updated ETA Policy Resolution.
DUNES WASTE WATER TREATMENT PLANT
Moses Lake Council packet 2-8-22, Page 173 of 252
RESOLUTION NO. 3717
A RESOLUTION REPEALING RESOLUTION 3509 AND ADOTING A NEW RESOLUTION SETTING FORTH A POLICY WITH REGARD TO THE PROVISION OF WATER AND/OR SEWER UTILITIES OUTSIDE THE CORPORATE LIMITS OF THE CITY AND SETTING FORTH AN ANNEXATION POLICY FOR THE CITY OF MOSES LAKE, WASHINGTON
Recitals:
1.Previously the City Council adopted Resolution No. 3509 setting forth a policy with regard
to the provision of water and/or sewer utilities outside the corporate limits of the City and
setting forth an annexation policy for the City of Moses lake, Washington.
2.That policy is now repealed by this resolution, which adopts a new resolution setting forth
a policy with regard to the provision of water and/or sewer utilities outside the corporate
limits of the City and setting forth an annexation policy for the City of Moses Lake,Washington.
Resolved:
1.The following definitions shall be applicable to the terms used in this resolution.
2.
Contiguous Lands means any lands touching or abutting the corporate limits of the City
and any lands within one half mile of the corporate limits of the City as measured at the
point the corporate limits and the involved lands are closest together.
Non-Contiguous Lands means any lands beyond one half mile of the corporate limits of
the City as measured at the point the corporate limits and the involved lands are closesttogether.
Provision. Delivery, or Furnishing City Water and/or Sewer Utilities means the extension
of water and/or sewer mains, or tapping into an existing water and/or sewer main by a
lateral to serve a customer, or the expansion of an existing water and/or sewer use, or any
combination of these.
City Water means potable water delivered from the water utility system operated by the
City.
City Sewer means the sanitary sewerage collection utility system operated by the City.
City Utility Service or Water and/or Sewer Utilities means City water and/or City sewer.
Adjacent lands means any lands located immediately adjacent to a city water and/or city
sewer main within the city's Urban Growth Area (UGA) and which lands are contiguous
lands as defined herein.
Requests for Extensions: The Moses lake City Council shall review all requests for the provision of water and/or sewer utilities whether the request involves property which is contiguous or non-contiguous. Only the City Council can grant permission for the
provision, delivery, or furnishing of water and/or sewer utilities to anyone beyond the corporate limits of the City, such permission being evidenced by a formal commitment
noted in the minutes of a regular City Council meeting. All extensions of water and/or sewer utilities beyond the corporate limits of the City shall be made by the City Council within their sole and complete discretion.
Moses Lake Council packet 2-8-22, Page 174 of 252
Moses Lake Council packet 2-8-22, Page 175 of 252
Moses Lake Council packet 2-8-22, Page 176 of 252
RECORD AND RETURN TO Development Engineering City of Moses Lake P. O. Box 1579 Moses Lake, WA 98837
EXTRA TERRITORIAL UTILITY EXTENSION AGREEMENT Grantor: XXXX Grantee: The City of Moses Lake, WA Legal Desc. XXXX
Assessor’s Tax Parcel No. #XXXX
1. Parties: The parties to this Agreement are the City of Moses Lake, Washington (herein City), a municipal corporation of the State of Washington, located entirely within Grant County, Washington,
and Sidney Richard Deane (herein Developer).
2. Recitals:
2.1 The City is the owner of a municipal water and sewer system which operates within the City’s limits and adjacent to real property near Moses Lake, Washington.
2,2 Developer desires to receive water and/or sewer utility service from the City for use upon
Developer's real property located more than one half mile from the corporate limits of the City and located within the City’s Urban Growth Area (UGA).
2.3 The City, pursuant to Resolution No. 3717, requires that all contiguous and non-contiguous
real property which receives water and/or sewer utility services from the City be subject to an agreement which affects the use of the real property served by the City utilities, restricts
expansion of City utility services beyond those contracted for, and creates a covenant running with the land.
2.4 Developer is fully aware of the restrictions imposed upon Developer and Developer's
successor(s), heir(s), and assign(s) by City Resolutions No. 3717 and enters into this Agreement freely and voluntarily.
3. Agreement: It is agreed by and between the parties as follows: 3.1 The City will provide the water and sewer utility services listed below to Developer at the
premises stated, pursuant to the terms of this Agreement.
3.2 The real property to be serviced is located within the City’s UGA and is described per Grant County Assessor records as:
Moses Lake Council packet 2-8-22, Page 177 of 252
PARCEL #XXXX XXXX 3.3 This Agreement shall be filed for record in the Office of the Grant County Auditor and shall be in the nature of a covenant running with the premises. It is the intent of Developer to have this
Agreement, so long as it is in force, to be considered, interpreted, and regarded as a covenant running with the land as to the premises. 3.4 All connections to the City water system or to the City sewer system shall comply with the ordinances and rules of the City with respect to the appropriate utility. Any connection to the City’s water and/or sewer system is subject to payment for the utility service of a rate
established by the City which shall be subject to adjustment from time to time by the Moses Lake City Council. The availability of the utility authorized by this Agreement is subject to the capacity of the City's water system.
3.5 The water delivered pursuant to this Agreement shall be the same as other water delivered within the City’s system. The City makes no warranty as to such water quantity or quality other
than it shall be delivered in accordance with the regulations applicable to city water systems. 3.6 The water service provided by the City is for one service connection to serve a commercial training facility.
3.7 The sewer utility service provided by the City is for one service connection to serve a single-
family residence.
3.8 Developer agrees and covenants that all sewer and/or water utility system components to be built and attached to the City's utility system shall be built to City standards. The standards
applied by the City may include requiring construction in excess of that minimally required to connect the premises to City utilities where such additional construction is consistent with a
City plan of service within the area of the premises.
3.9 Developer agrees and covenants that the premises will not be used in any manner or for any purpose inconsistent with or contrary to the land use controls in place as those controls now
exist or as they may be from time to time altered, amended, or re-adopted. The Developer acknowledges the premises are subject to development pursuant to regulations administered
by Grant County. The Developer agrees the City may impose development conditions greater than those imposed by Grant County, but in no event greater than those imposed for similar
development within the City’s limits, as a condition of receiving utility services under this Agreement. The premises currently are used in a manner consistent with the existing land use
controls.
3.10 This Agreement is entered into by the City based on the utility uses identified above and the land uses identified by the Developer for the premises. Developer or the successor holder of
the fee title to the premises shall be bound by this Agreement and be responsible to perform under this Agreement. No subsequent leasehold, joint venture, or other tenancy or use
agreement shall relieve the Developer or the Developer’s successor in interest from performing under this Agreement. To continue this Agreement in effect and to continue a delivery of the identified utilities, any
successor in interest shall execute an acknowledgment of this Agreement, Covenant, and Power of Attorney in a form approved by the City.
3.11 Developer shall execute contemporaneously with this Agreement the subjoined Power of Attorney and subjoined Covenant respecting the annexation of the premises by the City. This Power of Attorney is executed, as is this Agreement, by Developer with a full understanding
Moses Lake Council packet 2-8-22, Page 178 of 252
that Developer may be waiving and transferring to the City a valuable right as a land owner as respects annexation by the City. Developer waives any objection to annexation by the City. Developer acknowledges Developer has relied solely upon Developer's own legal counsel and fully understands the legal rights Developer is or may be surrendering to the City by the execution of this Agreement and the subjoined Covenant and Power of Attorney.
3.12 Developer understands the delivery of utility services to these premises so long as they remain outside the corporate limits of the city, is a discretionary act of the City and the execution of this Agreement and performance hereunder are not intended and shall not be considered as an indication by the City of the intention to become a general provider of utility service beyond the terms of this contract, to these premises or any other lands located outside the corporate limits of Moses Lake.
3.13 Developer acknowledges that so long as the premises remain outside the corporate limits of the City, any or all utility service provided under this Agreement by the City are, or may become subject to, surcharges and/or increased charges in addition to the charges to similar
customers located within the corporate limits.
3.14 Developer agrees that payment of service charges, surcharge assessments, and/or additional charges required by City ordinances to be paid for the utility services mentioned above will in no way relieve the premises from Developer's share of any future Local Improvement District or Utility Local Improvement District payments which may be assessed to pay all or a portion
of the expenses of installing main or mains, together with necessary valves, fire hydrants, pipe fittings and all other appurtenances which may be installed to serve a district which includes
the premises.
3.15 Developer agrees that in the event of a sale, gift, transfer, segregation, assignment, or device of Developer's fee interest in the premises it will disclose the existence of this Agreement.
3.16 In the event of a breach of this Agreement by the Developer or any successor in interest, this
Agreement, and all deliveries of utilities hereunder, shall be subject to termination thirty (30) days after notice to the Developer of the breach if the breach has not been cured.
3.17 In the event the premises is delivered City utilities pursuant to this Agreement and the
premises become located outside the City’s UGA, this Agreement shall be deemed to have been terminated as provided for in the provisions dealing with the term of this Agreement. The
period of termination shall begin upon the date the premises become located outside the City’s UGA unless the parties agree otherwise in writing.
3.18 The permission to obtain City utilities contained in this Agreement shall lapse and become null
and void if the premises are not connected to the City’s utility system within two (2) years of the execution of this Agreement. Except there shall be no limitation for residential properties
up to nine (9) lots from the date the commitment is given.
4. Term: This Agreement shall be in effect so long as Developer abides, observes, and performs this Agreement and the premises remains outside the corporate limits of the City of Moses Lake. This
Agreement may be terminated by either party giving at least eighteen (18) months written notice of termination to the other, unless a shorter notice is agreed to in writing. Upon annexation of these entire premises into the City of Moses Lake, this Agreement and the subjoined Covenant and Power of Attorney shall terminate and be of no further force or effect.
Moses Lake Council packet 2-8-22, Page 179 of 252
Dated: ____________________________________ Dated: _______________________________
By _______________________________________ By XXXX XXXX
State of Washington
County of Grant I certify that I know or have satisfactory evidence that XXXX signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________
State of Washington County of Grant
I certify that I know or have satisfactory evidence that XXXX signed this instrument, on oath stated that
he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public My appointment expires _______________________
Moses Lake Council packet 2-8-22, Page 180 of 252
By Allison Williams City Manager
Approved by Council XX-XX-XXXX
State of Washington County of Grant I certify that I know or have satisfactory evidence that Allison Williams signed this instrument, on oath stated
that they were authorized to execute the instrument and acknowledged it as the City Manager of the City of Moses Lake to be the free and voluntary act of such party for the uses and purposes mentioned in the
instrument. Dated _____________________________________
__________________________________________ Notary Public
My appointment expires _______________________
Approved by Council XX-XX-XXXX
Moses Lake Council packet 2-8-22, Page 181 of 252
COVENANT RUNNING WITH THE LAND 1. Basis: The foregoing Extra Territorial Utility Extension Agreement shall be deemed to be a covenant running with the land affecting the entire premises described above. Such Covenant shall be recorded with the Grant County Auditor and become a covenant of record. Such Covenant shall remain in full force and effect for the life of the Extra Territorial Utility Extension Agreement. Any
attempt to cancel, restrict, or modify this Covenant independent of the Extra Territorial Utility Extension Agreement shall terminate said Agreement immediately unless such cancellation, modification, or restriction is agreed to by the Moses Lake City Council. This Covenant shall expire and be of no further force or effect upon the annexation of the entire premises described in the foregoing Extra Territorial Utility Extension Agreement into the City of Moses Lake.
2. Creation: Developer, as the owner in fee simple of the above described premises, hereby creates a covenant running with the land to affect and include the entire described premises. That Covenant shall include all the terms, conditions, limitations, and obligations of the Extra Territorial Utility Extension Agreement above.
Dated: _________________________________
By_____________________________________ XXXX
State of Washington County of Grant
I certify that I know or have satisfactory evidence that XXXX signed this instrument, on oath stated that
he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________
__________________________________________ Notary Public My appointment expires _______________________
Moses Lake Council packet 2-8-22, Page 182 of 252
Dated: _________________________________ By_____________________________________ XXXX
State of Washington County of Grant I certify that I know or have satisfactory evidence that XXXX signed this instrument, on oath stated that
he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________
__________________________________________ Notary Public
Moses Lake Council packet 2-8-22, Page 183 of 252
POWER OF ATTORNEY 1. Appointment: Developer hereby makes, constitutes, and appoints the City of Moses Lake, Washington Developer's true and lawful attorney for Developer and in Developer's name, place, and stead for the purposes stated herein.
2. Independent Advice: Developer has executed this Power of Attorney for the purposes stated after having a full understanding of the implications of the execution of this instrument. This Power of Attorney is also executed after being fully advised by Developer's own counsel as to the power being conveyed to the City of Moses Lake and with a full appreciation and waiver of any rights being abrogated.
3. Purpose: Developer appoints the City of Moses Lake as Developer's attorney for the purpose of executing any and all documents, petitions, requests, letters, or the like necessary or desirable in the process of the annexation of the premises described in the foregoing Extra Territorial Utility Extension Agreement into the corporate limits of the City of Moses Lake.
4. Termination: This Power of Attorney may be revoked by Developer only upon the termination of the
forgoing Extra Territorial Utility Extension Agreement, or upon the consent of the City of Moses Lake's City Council. The continued validity, viability, and existence of this Power of Attorney is a prerequisite of continued utility service delivery to the premises under the terms of the Extra Territorial Utility Extension Agreement by the City of Moses Lake. Termination of this Power of Attorney by
Developer shall immediately and automatically terminate the Extra Territorial Utility Extension Agreement between Developer and the City of Moses Lake. This Power of Attorney is deemed
revoked automatically upon the annexation of the entire premises described in the foregoing Extra Territorial Utility Extension Agreement into the corporate limits of the City of Moses Lake.
Dated: _________________________________
By_____________________________________ XXXX
State of Washington
County of Grant
I certify that I know or have satisfactory evidence that XXXX signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ By________________________________________ Notary Public
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State of Washington County of Grant I certify that I know or have satisfactory evidence that XXXX signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be the free and voluntary act of
such party for the uses and purposes mentioned in the instrument. Dated _____________________________________ __________________________________________ Notary Public
My appointment expires _______________________
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To: Municipal Services Department
From: Dave Bren, PE, Municipal Services Director
Date: February 3, 2022
Subject: Department Policy for MLC 13.07.020
Per Resolution #3717 on 02.27.2018
Extra Territorial Agreement (ETA) Policy
Extra Territorial Agreements
PURPOSE AND SCOPE: The purpose of this policy
is to provide clarification and guidance regarding
the Extra Territorial Agreement instructions
found within Resolution #3717 and the Extra
Territorial Agreement form currently in use. The
following updated policy closely follows the
Resolution and Agreement forms. The policy
further clarifies how ETA applications are to be
made, guidance in how they will be processed,
and guidance for presentation to City Council for
approval consideration.
STEP1 - APPLICATION: The applicant formally
requests City Water and/or Sewer for specified
parcels outside of the corporate limits by a letter
from the property owner(s) to the Municipal
Services Director. The letter shall include a
narrative and conceptual site plan that describes
the numbers of residential units to be served,
commercial uses to be served, or industrial
process volumes and fire flows to be served.
MUNICIPAL SERVICES
POLICY MEMO
02.03.2022
MLC 13.07.020
STEP1 APPLICATION (LETTER & SITE PLAN)
STEP2 EVALUATION CONTIGUOUS (ANNEXATION)
STEP2A EVALUATION NON-CONTIGUOUS
STEP2B STAFF REVIEW (PREPARE STAFF REPORT)
STEP3A COUNCIL (DETERMINATION)
STEP3B COUNCIL DENIAL (PROCESS ENDS)
STEP4 ETA PROCESSED (WITH CONDITIONS)
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STEP2 – INITIAL EVALUATION AND CLASSIFICATION: Staff reviews the formal request and
processes per the following criteria:
ETA CLASSIFICATION DESCRIPTION
CLASS 0
IN CITY LIMITS
ANNEXATION
The parcel(s) are contiguous (touching/abutting) to existing corporate
limits of the City. These requests for Water and Sewer will require
annexation as part of service. No ETA to be issued. The only exception
is if the application is accompanied by a Grant County Health District
public health emergency hookup request.
CLASS 1
PUBLIC HEALTH
STAFF SUPPORTED
The parcel(s) are not contiguous to existing corporate limits of the City.
However, the application is accompanied by a State or Local agency
public health emergency hookup request.
CLASS 2
SHORT EXTENSION
STAFF SUPPORTED
The parcel(s) are not contiguous to existing corporate limits of the City.
However, the parcel(s) have a short, developer provided, Water
extension, Sewer extension, and/or Reservoir Placement, with
extensions of 0-660FT (1/8 mile), with no pressure or fire flow capacity
issues.
Residential Lot Example: New house in UGA has City water main on
their frontage street, they are requesting water service. Existing house
with failing septic system, has sewer main on their frontage street, they
are requesting sewer service.
CLASS 3 PREVIOUS ETA
STAFF SUPPORTED
The parcel(s) are not contiguous to existing corporate limits of the City.
However, the parcel(s) have had previous ETA Council Approvals or
Commitments that have since expired and the proposed development
has had no substantial changes.
CLASS 4
COST/SERVICE BENEFIT
STAFF SUPPORTED
The parcel(s) are not contiguous to existing corporate limits of the City.
However, the parcel(s) have a long, developer provided, Water
extension, Sewer extension, and/or Reservoir Placement that provides
a benefit that is shown to exceed the long-term costs of the service.
An private engineer’s estimate for long-term City cost-benefit analysis
shall be provided with the developer’s application.
CLASS 5
NOT STAFF SUPPORTED
The parcel(s) are not contiguous to existing corporate limits of the City.
However, the long-term costs to provide the service to the parcel(s) is
shown to exceed the long-term benefits. The Applicant is encouraged
to provide a narrative to the Council for consideration in lieu of Staff
support. Council may choose to provide the service, even if it costs the
City more to provide it.
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STEP3 – COMPLETE APPLICATION: The applicant will complete the ETA application by providing
materials as defined in Resolution #3717, Extra Territorial Agreement Form, and this ETA Policy.
STEP4 – COUNCIL PREPARATIONS: Staff will review the application and prepare a Staff Report
which includes a narrative analysis, proposed conditions of approval, and type of recommendation
to the Council. The ETA application will be presented to Council, regardless of being supported by
Staff, for City Council action consideration.
STEP5 – FINAL PROCESSING: If Council approves, Staff will prepare the ETA forms, along with any
conditions of approval, for signature the City Manager and property owner(s). The ETA will then
be recorded and run with the land for which it provides for.
STEP6 – ETA INACTION AND RETURNS: The ETA must be acted upon within 2-years of issuance or
it expires per Resolution #3717. Expired ETA’s shall be withdrawn and returned to the land owner.
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STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: January 31, 2022
Proceeding Type: New Business
Subject: 2022 Water System Plan Development
(Not Select a Consultant and Support Staff Performance)
Legislative History: Financial Impact:
• First Presentation: February 8, 2022 Budgeted Amount: $ 100,000
• Second Presentation: Unbudgeted Amount: NA
• Action: Motion Total Cost: $ 100,000
Overview
The Municipal Services Department Engineering Division
requested proposals from engineering companies to
prepare the 2022 Water System Plan for the City of
Moses Lake. The City received five proposals as follows:
• RH2 Engineering
• Gray and Osborne
• Shawn O’Brien, PE
• HDR Engineering
• Keller Associates
Selection and Fee Negotiations: State law requires that
selection of engineering services must be conducted by
qualifications first, then fee negotiations second. Bidding
for engineering services is not allowed.
The selection team ranked the five proposals and found the RH2 to be most qualified for the work.
The next step was to define the scope and negotiate the fees for the work. The negotiated fees
were much higher than expected. In addition, the scope that was being negotiated did not include
the critical long term irrigation plan chapter.
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The Staff Performance Option: A reduction in project scope was deemed acceptable and the fees
were double what was expected. Therefore, the Municiplal Services Director made the decision
to hold with further negotiations and review the possibility of staff performance instead. Staff
performance would require the following:
• Additional time, by requesting a due date
extension form the Department of Health
(Due 5/2022). The time will will be spread
out with existing workload of staff.
• Additional Training
• Change of some Job Duties
• Reuel Klempel, water system supervisor,
request to stay on and not retire yet. This
may require some work schedule flexibility
for Reuel.
• A temporary hire, if needed
• Include the City Irrigation Plan
• Self Perform Project Budget ($100,000
Estimated).
Water System Plan – Proposed City Staff Team
Dave Bren, PE Engineer-of-Record for the Project
Reuel Klempel Major Project Contributor, Agency
Coordination, and Plan Document Updates
Andy Ritchie Water System Modeling, Technical Graphics
Tyler Brady Research, Technical Graphics, Document
Contributor, Keeper of all Project Files
Mark Beaulieu, PE Project Contributor
Fiscal and Policy Implications
Self performance is likely to reduce project cost, however it will increase the project time schedule.
In addition, some changes in staff job duties and training will be required, as well as keeping on
Reuel Klempel longer before retirement. In addition to costs, there is a long-term benefit to gaining
skills within City staff.
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Page 3 of 3
Council Packet Attachment
A. None
Finance Committee Review
N/A
Legal Review
N/A
Options
Option Results
• Approve Contract Agreement City staff will proceed to produce a 2022 Water
System Plan.
• Request Additional Information Staff will provide the requested information.
• Take no action The development of a 2022 Water System plan
will be delayed.
Action Requested
Staff requests a motion to support the self performance development of the 2022 Water System
Plan work by City staff.
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STAFF REPORT
To: Allison Williams, City Manager
From: Dave Bren, PE, Municipal Services Director
Date: February 1, 2022
Proceeding Type: New Business
Subject: 2022 Wastewater System Plan Consultant Selection
Legislative History: Financial Impact:
• First Presentation: February 8, 2022 Budgeted Amount: $ 100,000
• Second Presentation: Unbudgeted Amount: $ 5,300
• Action: Motion Total Cost: $ 105,300
Overview
On November 2, 2021, the Municipal Services Department Engineering Division advertised a
Request for Qualifications for engineering consultants interested in providing the City of Moses
Lake with an updated Comprehensive Wastewater System Plan. The City’s current Wastewater
System Plan was completed in 2015.
There were two engineering consultant firms who formally responded to the request with a report
listing the requested information. Each consultant summarized their relevant experience working
with other municipalities, project team member resume information, similar project references,
and a summary of their understanding of the project requirements including all past design and
analysis work completed with the City of Moses Lake. The two consultants who submitted
qualifications are Keller Associates (Clarkston, WA) and Wilson Engineering (Bellingham, WA).
Selection Process
State law require that selection of engineering
services must be conducted by qualifications first,
then fee negotiations second. Bidding for
engineering services is not allowed.
A committee of three engineers (Dave Bren, PE;
Richard Law, PE; and Mark Beaulieu, PE) separately
studied the qualifications of each applicant and
independently scored them using a common scoring
matrix. The matrix developed a weighted average
numerical score for each applicant based on each firm’s project experience, project understanding,
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team member qualifications, listed references, and overall
expected responsiveness. It should be noted that this initial
selection process transpired without any reference to each
firm’s expected budget for the project.
After independently scoring each applicant, the committee of
three engineers met on December 21, 2021, to combine their
scores into an overall average numerical score and to discuss
the results. Both engineering firms had impressive
qualifications and numerical scores. The firm that was
selected to move forward into the fee negotiation phase was
Keller Associates.
It should be noted that Keller Associates completed a
hydraulic analysis report of the wastewater collection system
for the City of Moses Lake in 2020. The previous work will be
helpful in the preparation of the 2022 Wastewater System Plan. Much of the information in that
hydraulic analysis report can be updated and included in the Wastewater System Plan. It also
serves to illustrate this firm’s familiarity with our wastewater collection system.
Project Scope and Fee Negotiation
Following the selection phase, each firm was notified of the results. Staff requested that Keller
Associates prepare a detailed scope of work, along with a cost schedule for the project.
On January 14, 2022, Keller Associates
submitted a draft list of recommended basic
services, a list of optional services, and a
cost schedule. The basic services would be
focused on information gathering and
analysis of the City’s lift stations, sanitary
sewer force mains, sanitary sewer gravity
lines, and capital improvement plans. The
optional services would be focused on
evaluating the City’s wastewater treatment
plants. It would include analyzing options
for improving and expanding the City’s
wastewater treatment plant capabilities in
the future.
After reviewing the scope of work and associated costs, the Engineering Department is in favor of
moving forward with the basic plan and retaining the option for adding some additional services
later. This gives the City additional time to determine which additional services, if any, would be
most beneficial for creating a useful comprehensive wastewater plan.
Tana Lift Station
Central Operations Facility (COF)
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Fiscal and Scope of Work Implications
This contract would require budgeted and unbudgeted funds to be spent.
Council Packet Attachments
A. Consultant Agreement
B. Scope of Work for Agreement
C. Overall Comprehensive Plan Implementation
Finance Committee Review
N/A
Legal Review
N/A
Options
Option Results
• Approve Contract Agreement. City staff will execute a contract agreement
with the consultant firm for creating the 2022
Wastewater System Plan.
• Request Additional Information Staff will provide the requested information.
• Reject Contract Agreement. City staff will notify the consultant that the
project has been cancelled. City staff will
consider staff performance of the work in
2023, after the 2022 Water System Plan is
complete.
Action Requested
City staff recommends awarding the contract for creating the 2022 Wastewater System Plan to
Keller Associates, as City staff will be self-performing the 2022 Water System Plan at the same time
(see 2022 water system staff report).
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AGREEMENT FOR PROFESSIONAL SERVICES 2022 ENGINEERING CONSULTANT SERVICES
CITY OF MOSES LAKE
THIS AGREEMENT AND CONTRACT made and entered into at Moses Lake, Washington this day of 2022, by and between the CITY OF MOSES LAKE, State
of Washington, hereinafter called the "City" and KELLER ASSOCIATES INC., a firm duly authorized to perform professional services in the State of Washington, hereinafter called the "Consultant".
IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
ARTICLE I - DEFINITIONS Whenever the term "City" is used herein, it is understood to mean the City of Moses Lake, of Grant County, Washington, or its authorized officers and the term "Consultant" means Keller Associates Inc., or its authorized representative.
ARTICLE II - OBLIGATIONS OF THE CONSULTANT 1. Basic Services
The basic services contemplated to be performed by the Consultant are outlined hereinafter. The City retains the right to perform any and all specific elements of such services and to accordingly reduce the work by the Consultant and remuneration to the Consultant by written modification to this Agreement or any subsequent task order.
The basic services to be performed by the Consultant under this agreement are as follows:
The scope of work is for engineering services described below and further detailed in
Attachment A.
2. Special Services Certain special services may be required to support the basic services to complete the tasks and assignments required by the City. The type and extent of such special services cannot be determined at the time of execution of this agreement. However, the Consultant agrees to perform such special services as may be required to accomplish the objectives assigned by the City; providing, however, the Consultant feels capable of performing such special services. Payment for this work shall be as agreed to in writing by both parties prior to beginning said work. Both the City and the Consultant shall mutually agree, in
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writing, to any special services, additional services, and/or changes in services under this agreement. 3. Nondiscrimination A. The City is an equal opportunity employer.
B. Nondiscrimination in Employment. In the performance of this Agreement, the Consultant will not discriminate against any employee or applicant for employment on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any sensory, mental or physical handicap; provided that the prohibition
against discrimination in employment because of handicap shall not apply if the
particular disability prevents the proper performance of the particular worker involved. The Consultant shall ensure that applicants are employed, and that employees are treated during employment without discrimination because of their race, creed, color, national origin, sex, marital status, age or the presence of any
sensory, mental or physical handicap. Such action shall include, but not be limited
to: employment, upgrading, demotion or transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and programs for training including apprenticeships. The Consultant shall take such action with respect to this Agreement as may be required to ensure full compliance
with local, state and federal laws prohibiting discrimination in employment.
C. Nondiscrimination in Services. The Consultant will not discriminate against any recipient of any services or benefits provided for in this Agreement on the grounds of race, creed, color, national origin, sex, marital status, age or the presence of any
sensory, mental or physical handicap.
D. If any assignment and/or subcontracting has been authorized by the City, said assignment or subcontract shall include appropriate safeguards against discrimination. The Consultant shall take such action as may be required to ensure
full compliance with the provisions in the immediately preceding paragraphs
herein. 4. Indemnification Consultant shall indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by
the negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall
be only to the extent of the Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
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indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement.
5. Ownership of Instruments of Service
The service provided by Consultant is intended for one time use only. The City shall own all reports, field data, field notes, laboratory test data, calculations, estimates, plans, specifications, record drawings, and other documents prepared by the Consultant. The Consultant shall provide the City with two hard copies and an electronic copy of any final report(s) required as deliverables of an approved task order. Final payment will not be
made until Consultant provides the City with all reports, drawings, documents, and services prescribed under an approved task order. Any reuse of the deliverables beyond the scope of services outlined in a governing task order is prohibited without written authorization from the Consultant. Any reuse of the deliverables, including use by a third party, shall be without liability to the Consultant.
6. Right of Entry
The City will provide for the right of entry for the Consultant, its subcontractors, and all necessary equipment in order to complete the work under this agreement. Any damage to property by the Consultant due to negligence of the Consultant or its employees shall be
the responsibility of the Consultant. 7. Sample Disposal
Soil and rock samples or other specimens will be disposed of 60 days after submission of test results by the laboratory. Upon written request, the Consultant will store samples for longer periods of time or transmit the samples to the City for a mutually acceptable charge.
8. Disposal of Hazardous Samples/Materials and Contaminated Equipment All samples and materials containing or potentially containing hazardous constituents are the property and responsibility of the City. It is understood and agreed that the Consultant
is not, and has no responsibility as a handler, generator, operator, treater, storer, transporter, or disposer of hazardous or toxic substances or waste materials found or identified at any site.
9. Control of Work and Job-Site Safety
The Consultant shall be responsible only for its activities and that of its employees, sub- consultants, and specialty contractors on any site. The Consultant will not direct, supervise
or control the work of other consultants and contractors or their subcontractors. Insofar as job site safety is concerned, the Consultant is responsible only for the health and safety of its employees, sub-consultants, and specialty contractors employed by the Consultant in carrying out its work. Nothing herein shall be construed to relieve the City of Moses Lake or any other consultant or contractors from their responsibilities for maintaining a safe job site.
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10. Taxes
Consultant accepts full and exclusive liability as between itself and The City for the payment of any and all contributions or taxes which are measured by wages, salaries, or other remuneration paid to persons employed by Consultant or its subconsultants, or assignees for the work to be performed hereunder, or which arise by virtue of Consultant’s employment, and which now or hereafter may be imposed by any governmental authority.
Such contributions or taxes, shall include, but not be limited to, Unemployment Insurance, Worker’s Compensation, Old Age Retirement Benefits, Medicaid, Disability, Pensions or Annuities, and Income Taxes. Consultant shall comply with all laws and administrative regulations relating to such contributions or taxes.
Consultant accepts full and exclusive liability for and shall pay all sales, use, gross receipts, and any other taxes arising from the fees paid to Consultant by the City for Consultant’s performance of this Agreement.
Consultant shall complete and maintain its registration with the Washington State
Department of Revenue and be responsible for payment of all taxes due on payments made under this Agreement. 11. Compliance with Laws and Warranty
A. The Consultant, in the performance of this Agreement, shall comply with all applicable federal, state or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in this
Agreement to assure quality of services.
B. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement.
C. The Consultant represents that it has the skills and knowledge necessary to
competently provide the services set forth in Attachment A and agrees to provide the professional services under this Agreement in accordance with the care and skill ordinarily used by members of the same profession practicing under similar conditions at the same time and in the same locality. The Consultant further agrees
that it shall be responsible for the professional quality, technical accuracy and
coordination of all designs, drawings, specifications, and other services furnished under this Agreement. The Consultant will re-perform at the City’s request any services not meeting this standard without additional compensation.
ARTICLE Ill - OBLIGATIONS OF THE CITY
1. Authorization The work required under this Agreement or any subsequent task order shall not begin, nor shall the City assume any obligation for the work involved until the Consultant is given
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authorization to proceed. Such authorization by the City Manager of Moses Lake shall not become effective prior to the date of execution of this Agreement or any task order
specifically drafted for the work in question.
2. Information and Data
In order to facilitate the work as outlined above, the City shall furnish to the Consultant all information having a bearing on the project that the City has, as requested by the Consultant.
3. Remuneration For the professional services as outlined in Attachment A, the City shall reimburse the Consultant on a monthly basis for an invoice submitted by the Consultant as approved by the City. The City may require the invoice to reflect the Consultant’s original task order fee estimate to complete the work that was accomplished during the invoice period. No payment made to Consultant shall be construed as an acceptance of work or any portion thereof.
ARTICLE IV - INSURANCE A. Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
No Limitation. Consultant's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
B. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial
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General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession.
C. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit.
D. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance:
i. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it.
Notice of Cancellation The Consultant shall provide the City with written notice of any policy cancellation within
two business days of their receipt of such notice. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than
A:VII.
Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work.
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Failure to Maintain Insurance Failure on the part of the Consultant to maintain the insurance as required shall constitute
a material breach of contract, upon which the City may, after giving five business days’
notice to the Consultant to correct the breach, immediately terminate the contract. City Full Availability of Consultant Limits If the Consultant maintains higher insurance limits than the minimums shown above, the
City shall be insured for the full available limits of Commercial General and Excess or
Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant.
ARTICLE V-GENERAL PROVISIONS
1. Termination
The City may terminate the Agreement without cause at any time by giving the Consultant 30 days’ written notice of such termination. If any portion of the authorized work covered by this Agreement and begun by the Consultant is abandoned, unreasonably delayed or indefinitely postponed by the City, the Consultant may also terminate this Agreement by giving 30 days written notice. The City may terminate the Agreement immediately at any time if the Consultant is in
violation of any of the provisions of the Agreement.
In the event of termination of this Agreement by either party, the Consultant shall be paid for all services rendered by the Consultant up to the date of termination, in accordance with the payment provisions of this Agreement. If the Consultant has any property in its possession belonging to the City, the Consultant will account for the same, and dispose of it in the manner directed by the City.
2. Personal Liability of Public Officials
Neither the City employees nor any elected official of the City shall be personally
responsible for any liability arising under or growing out of this Agreement.
3. Time Limitations and Jurisdiction For the convenience of the parties to the Agreement it is mutually agreed by the parties that any claims or causes of action which the Consultant has against the City arising from the Agreement shall be brought within 180 calendar days from the date of the end of the Agreement; and it is further agreed that any such claims or causes of action shall be brought only in the Superior Court of Grant County. The parties understand and agree that the Consultant's failure to bring suit within the time period provided, shall be a complete bar to any such claims or causes of action. It is further mutually agreed by the parties that when
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any claims or causes of action which the Consultant asserts against the City arising from the Agreement are filed, the Consultant shall permit the City to have timely access to any records deemed necessary by the City to assist in evaluating the claims or action.
4. Assignment and Subcontracting
A. The Consultant shall not assign its performance under this Agreement or any
portion of this Agreement without the written consent of the City, and it is further agreed that said consent must be sought in writing by the Consultant not less than thirty (30) days prior to the date of any proposed assignment. The City reserves the right to reject without cause any such assignment.
B. Any work or services assigned hereunder shall be subject to each provision of this Agreement and proper bidding procedures where applicable as set forth in local, state and/or federal statutes, ordinances and guidelines.
C. Any technical/professional service subcontract not listed in this Agreement, must
have express advance approval by the City. D. The Consultant shall be responsible and liable for the performance of its consultants, subcontractors or assignees who perform any portion of the work or services and shall provide in written agreements with them the same duties and
obligations required of the Consultant under this Agreement. The City shall incur no additional costs as a result of any such subcontract or assignment and no liability to any subcontractor or assignee.
5. Changes
Either party may request changes to the scope of services and performance to be provided hereunder, however, no change or addition to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and signed by both parties. Such
amendments shall be attached to and made part of this Agreement. A change in scope of
services shall be approved by the City and executed in writing by the City Manager before any changes in the scope of services are authorized. All terms and conditions contained in this Agreement shall be applicable to any change in the scope of services. 6. Notice
Any notice that any party hereto desires or is required to give the other party shall be made in writing and sent by certified mail, return receipt requested. Any such notice shall be deemed delivered upon deposit thereof in the United States mail with postage prepaid, addressed as follows:
The City of Moses Lake
PO Box 1579
Moses Lake, WA 98837
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Keller Associates Inc.
733 5th Street, Suite A Clarkston, WA 99403 Any party may change the address hereinabove specified by giving written notice thereof to the persons identified in this Section.
7. Severability A. If, for any reason, any part, term or provision of this Agreement is held by a court of the United States to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid. B. If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith
shall be deemed inoperative and null and void insofar as it may be in conflict
therewith, and shall be deemed modified to conform to such statutory provisions. 8. Entire Agreement
The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. Further, any modification of this Agreement shall be in writing and signed by both parties. Failure to comply with any of the provisions stated herein shall constitute material breach of
contract and cause for termination Both parties recognize time is of the essence in the
performance of the provisions of this Agreement. It is also agreed by the parties that the forgiveness of the nonperformance of any provision of this Agreement does not constitute a waiver of the provisions of this Agreement.
9. Counterparts
This Agreement may be executed in counterparts, each of which, when combined, shall constitute one single binding agreement.
10. No Presumption Against Drafter This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement.
11. Litigation Assistance If required, the Consultant agrees to assist the City in its preparation for arbitration, adjudication, or administrative proceedings and to testify and otherwise to provide
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evidence on the City’s behalf herein. Compensation for said services shall be based upon a time and material basis to be negotiated and agreed upon by the parties.
12. Waiver Waiver by the City of any default or breach of the Consultant of any provisions of this Agreement shall have no force or effect unless in writing, nor shall any waiver by the City
of any default or breach of the Consultant be construed as a waiver of any other future
default or breach of the same provision or any other provision of the Agreement.
ARTICLE VI - SERVICES
I. Scope of Work The Consultant shall assist the City and provide on-call services including but not limited
to the following categories listed below and further described in Attachment A; a)
II. Consultant’s Payment
Payment to the Consultant will be made after the billings have been approved by the City
Council. The City Council meets on the second and fourth Tuesday of each month. Billings received prior to the Tuesday preceding the Council meeting will be processed for the upcoming meeting. Consultant shall submit documentation, signed by the Consultant’s principal, listing personnel and their dates and hours worked.
Fees shall be as listed in Attachment A and are limited to those charges unless written advance authorization is provided by the City.
This agreement expires December 31, 2021, unless an extension is mutually agreed to in writing by principals of both parties.
CITY OF MOSES LAKE CONSULTANT
By:_____________________________ By:_______________________________
Dave Bren, PE, MSCE Name:_____________________________
Municipal Services Director Title:______________________________
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By:_____________________________ Date:_____________________________
Allison Williams
City Manager
APPROVED AS TO FORM:
________________________________ Date:_____________________________
Katherine L. Kenison
City Attorney
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Version 2 / January 31, 2022 SCOPE OF WORK – ATTACHMENT A Page 1 of 9
Attachment A
CITY OF MOSES LAKE
COMPREHENSIVE WASTEWATER SYSTEM PLAN
SCOPE OF WORK
BACKGROUND
The City of Moses Lake owns, maintains, and operates a sewer collection system and two wastewater treatment facilities.
The Washington Department of Ecology (Ecology) requires that any governmental entity that provides sewer service
develop a general sewer plan including treatment and disposal facilities, interceptor sewers, pumping stations, monitoring
and control facilities, and local service areas. The City desires to complete an updated Comprehensive Wastewater System
Plan, which was last prepared in 2015, and primarily focused on collection system planning and capital improvements. This
planning effort will include development of the collection system portion of a General Sewer Plan and will provide
recommendations for a sewer collection Capital Improvement Plan (CIP). Additional services are described following the
main scope of work that the City may elect to proceed with at a later date. These items will be added by amendment to
this agreement.
The City’s collection system consists of approximately 129 miles of collection gravity pipelines, 24 miles of pressure
pipelines, 2,640 manholes, and 31 active lift stations. Wastewater flows convey to one of two City wastewater treatment
plants (WWTP) – the Dunes WWTP and Larson WWTP.
The following engineering services will be provided by Keller Associates, Inc. (Consultant) to the City of Moses Lake
(Owner). Services will be paid for by City funds.
SCOPE OF WORK
PROJECT MANAGEMENT
Consultant Responsibilities
Project Management. Provide general project administration services including: contract administration, project
accounting, monthly progress reports, scheduling, and internal project administration.
Kickoff Meeting. Prepare for and attend a project kickoff meeting with the Owner. The purpose of this meeting will
be to establish communication channels, review the overall project schedule including major milestones and
meetings, review objectives of the study, discuss available data and published materials that will be made available
by the Owner, and review process for deliverables including process for Owner review and approval. Planning
criteria will also be reviewed during the Kickoff Meeting.
Owner Responsibilities
• Provide meeting space for project meeting.
Assumptions
• Project management budget assumes a planning schedule of up to 10 months.
• Should Owner request additional meetings or require an extended schedule, project management budget will be
increased accordingly.
• Kickoff meeting will be held in-person. This meeting will include the Project Manager and one project engineer
from the Consultant. Other Consultant team members may attend virtually via video or teleconference.
Deliverables
• Monthly progress reports.
• Kickoff meeting agenda and minutes.
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Version 2 / January 31, 2022 SCOPE OF WORK – ATTACHMENT A Page 2 of 9
DATA ACQUISITION
Consultant Responsibilities
Request for Information. A request for information will be prepared by the Consultant describing the information
needed including, but not limited to, the following items:
Discharge Monitoring Reports (DMRs), operational, influent monitoring, rainfall (15-minute intervals) data
(previous 5 years) and any other water quality sampling results collected outside of DMRs in spreadsheet format
[typically 5+ years] for both treatment facilities.
24-hour SCADA data for WWTP influent flow rates during top 5 peak day events in the previous 5 years. Record drawings for both WWTPs, excluding 2017 Dunes WWTP Headworks drawings.
Biosolids Management Plan(s).
Owner-specific requests for planning criteria, including redundancy and resiliency.
Available CCTV inspection reports (PACP or similar ratings in spreadsheet format with unique pipe identifier
consistent with Owner’s existing GIS), if available. Reported treatment plant pump production rates, pump curves.
Age information for existing facilities and pipelines, where available.
Summary of existing system controls (i.e. pump on/off settings).
Facility inspection reports, if available.
Updated permit information
o Expected new requirements in the 20-year planning period
o Correspondence related to anticipated regulatory requirements or to the most recent permit issuance
o Known correspondence from federal and state regulatory agencies regarding violations or concerns related
to wastewater treatment and disposal.
List of known collection system issues and planned improvements List of known treatment plant issues and planned improvements
List of collection system and treatment plant improvements since 2015 sewer plan.
2022 budget and fund balance for the wastewater utility.
Data Collection and Review. Collection and processing of furnished data, mapping, and reports. Provide a follow-up
Request for Information for supplemental data if required.
Consultant Responsibilities – Base Services
Owner Responsibilities
• Provide requested data within two weeks of request.
• Complete field work and provide sampling/testing, if required.
• Conduct site tour with Consultant; provide access to facilities and records.
• Provide operations and maintenance staff for interviews as needed.
• CCTV reports to be provided in electronic format using NASSCO PACP summary structural and operational scores
for each pipe segment, linked to GIS pipeline data, if available.
Assumptions
• No sampling is anticipated by the Consultant.
• Consultant shall be entitled to rely, without liability, on the accuracy and completeness of the information
provided by the City, other agencies and stakeholders, and information from public records, without the need for
independent verification.
• Site tour is limited to visual observations and is not intended to be a comprehensive inspection. Consultant will not
enter confined spaces.
Deliverables
• Requests for Information
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PROJECT PLANNING
Consultant Responsibilities
Location. Provide brief description of project location. Develop figure(s) to establish the project planning area and
location of facilities. Assist Owner in identifying the 20-year and buildout service areas.
SEPA Environmental Resources. Prepare and submit SEPA forms to Ecology for a “non-project action”. Include
copies of forms and Ecology response in appendix of the Comprehensive Wastewater Plan. Document natural
resources in the project area, including: land use, flood plains, wetlands, historic, biological, water quality issues,
socio-economic, climate, geography, soils, rivers, and air quality.
Growth Trends. Review historical residential growth projections in the 2021 Comp Plan and summarize growth rates
from that plan for a 20-year planning period. Coordinate with Owner on location, phasing, and type of new growth.
Growth trends for non-residential users will be the same as residential.
Regulatory Requirements. Review and summarize current, pending and future regulatory requirements and
planning criteria that may influence operation, maintenance, and capital improvements of the existing existing
collection system.
Cost Estimating. Establish cost estimating methodology to reflect both local and current conditions.
City Planning Criteria. Summarize industry standards and work with Owner to identify planning criteria to be used
for evaluating the system performance and identifying triggers for when improvements may be required. These are
anticipated to include triggers such as depth of flow over diameter of pipe and maximum pipe installation depths for
new trunklines.
Draft Plan Section. Prepare draft section writeup. Respond to Owner comments.
Planning Meeting #2. Set the project meeting agenda and provide minutes. This meeting will be a workshop to
review final planning criteria.
Owner Responsibilities
• Provide input and approval on growth projections and planning criteria.
• Provide input on the distribution and phasing of new residential and non-residential growth.
• Review and comment on draft documents in a timely manner.
Assumptions
• Unless otherwise noted, meetings/workshops may be held in person or via on-line meeting tools. This assumption
applies to this task as well as subsequent tasks.
• Planning criteria will not be changed once established. Changing planning criteria may result in rework which can
be completed as an additional service.
• The study area will coincide with the current Urban Growth Area Boundary. Growth will be primarily focused in
the Mae Valley area (west side of UGA) and the Cascade Valley Area (north-central portion of UGA).
• No environmental field investigations will be completed, including but not limited to wetland delineations
(investigation), biological assessments, and cultural resource surveys.
Deliverables
• Draft write-up summarizing the planning criteria. The final report to have Owner’s staff comments incorporated.
• Workshop meeting agenda and minutes.
EXISTING FACILITIES EVALUATION
Consultant Responsibilities
Collection System Conditions Assessment. Based on information from Owner’s staff, and available information,
document existing physical conditions and deficiencies in the collection system. Summarize recommended
improvements and costs for 5-year and 10-year improvements. Improvements beyond 10 years are assumed to be
accounted for in annual rehabilitation/replacement budget recommendations.
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Existing Pipeline Condition Summary. Summarize existing pipeline size, material, and age information using the
Owner’s available information on GIS. Estimate an annual pipeline replacement budget based on typical remaining
pipe life.
Financial Status of Existing Facilities. Summarize historical fees and rate structures making reference to the recent
sewer rate study completed in 2021. The capital improvement plan (CIP) and rate recommendations will be
addressed under a separate task. FCS Group will complete this subtask as a subconsultant.
Draft Plan Section. Prepare draft section writeup. Respond to Owner comments.
Owner Responsibilities
• Review and comment on draft documents.
• Provide field checks if necessary, including surveying.
Assumptions
• Existing GIS data or as-builts will provide all data necessary to evaluate treatment process. No additional field
work or surveying will be required.
• Alternative discharge and biosolids disposal will not be evaluated as a part of this effort unless added by
amendment.
Deliverables
• Draft write-up summarizing existing facilities and conditions. The final report to have Owner’s staff comments
incorporated.
COLLECTION SYSTEM ALTERNATIVES CONSIDERED AND SELECTION
Consultant Responsibilities
Future System Evaluation. Expand existing model to include additional pipe and pump station network requirements
associated with servicing new growth areas for the planning period. Add flows from new growth. Exercise the
model to identify potential system deficiencies attributed to new growth.
Develop Alternative Improvements. Evaluate alternative improvements to correct existing and anticipated future
deficiencies and meet the target planning criteria. These may include parallel pipelines, replacement pipelines, flow
rerouting, inter-basin pumping, infiltration/inflow reduction, pumping facility upgrades, consideration of new
regional treatment facilities, and maintenance recommendations. Benefits and drawbacks will be summarized for
each alternative. A “no action” alternative will also be considered for each category. This will include evaluation of
alternatives to service unsewered areas in the Mae Valley and Central Valley areas.
Where improvements are not relatively straightforward, evaluate up to three collection alternatives that will service
existing and future flows. Additional refinement of pipeline alternatives is anticipated to occur in future predesign
tasks associated with these projects.
Alternative Cost/Benefit Analysis. Assist in comparing benefits, drawbacks, and costs of up to three viable
alternatives. Where a clear preferred alternative is not apparent, consider life cycle costs.
Phasing Plan. Develop a phasing plan of improvements based on a 5-year, 10-year, and 20-year anticipated growth.
Site Plan / Schematics. Develop a master plan concept map and/or figures for selected alternatives.
Review Meeting Workshop. Lead a workshop meeting with the Owner to review findings. Outcome of meeting is
anticipated to include consensus of recommended improvements.
Draft Plan Section. Prepare draft section writeup. Respond to Owner comments.
Owner Responsibilities
• Provide a review of the alternatives considered and input on selection criteria and ultimate selection of preferred
alternative.
• Review and comment on draft documents in a timely manner.
Assumptions
• The scope of this study does not include an Environmental Information Document or associated environmental
investigations and field work.
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• The chosen alternatives will be prioritized based on need and benefit to the Owner to address existing and 20-year
projected needs.
• Cost estimating will be AACE Class 5 (planning level cost estimates).
Deliverables
• Workshop meeting agenda and minutes.
• Draft write-up for the collection system alternatives. Final document to have Owner’s comments incorporated.
PROPOSED PROJECTS (RECOMMENDED ALTERNATIVES)
Consultant Responsibilities
Capital Improvement Plan.
Summarize Recommended Improvements. Information will be presented as tables and figures summarizing
recommended improvements.
Prepare Planning Level Cost Estimates for Recommended Improvements. For future projects anticipated to be
developer driven and developer funded, summarize only upsize costs.
Phasing Recommendations & Cost Estimates. Prepare planning level costs for identified capital improvement
projects. Recommend phasing for the recommended alternatives. Projects will be grouped into 5-year increments.
Approximate the portion of each project that is allocated to growth.
CIP Summary Sheets. Prepare separate summary sheets for each capital improvement. Preliminary CIP Schedule. Prepare a 5 to 6-year CIP schedule that projects anticipated projects and expenses
over that time period.
Annual Budget Impacts. Approximate the annual budget impacts associated with the proposed improvements. This
will build on the rate study effort already completed last year. FCS Group will complete this subtask as a
subconsultant. Summarize findings and provide recommendations for rate changes.
Financing Options. Summarize potential financing options available for CIP projects. This task will be completed by
FCS Group will complete this subtask as a subconsultant.
Draft Plan Section. Prepare draft section writeup. Respond to Owner comments.
Review Meeting Workshop. Lead a workshop meeting with the Owner to review findings. This meeting will be a
workshop to review the draft capital improvement plan.
Owner Responsibilities
• Provide input on the proposed projects.
• Provide review and comments on the plan.
Assumptions
• An evaluation of operation and maintenance budgets (including staffing levels) is not included as part of this study
but can be provided as an additional service.
Deliverables
• Draft writeup of capital improvement plan section. Final document to have Owner’s comments incorporated.
• Workshop meeting agenda and minutes.
PLAN DOCUMENTATION & APPROVALS
Consultant Responsibilities
Prepare Comprehensive Wastewater Plan. Prepare and combine draft documents for the various planning elements
outlined in the previous tasks for a complete comprehensive wastewater plan. Appendices will be created that
include pertinent supporting documentation. Submit final draft report for Owner review.
Presentation to Council. Prepare and present an overview of the project to the city council at a regularly scheduled
City Council Meeting.
Address Owner Comments. Address final Owner comments and submit for agency review.
Address Agency Comments. Address agency comments and finalize document.
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Owner Responsibilities
• Review and comment on final draft plan in a timely manner.
• Pay agency review fees, if applicable.
• Participate and provide facilities for public meeting. Provide public notice as required (typically no less than 14
days in a newspaper of community-wide circulation). Assist in addressing public comments.
Deliverables
• Draft Comprehensive Wastewater Plan, electronic PDF format
• Agency Review Comprehensive Wastewater Plan, electronic PDF format
• Final Comprehensive Wastewater Plan, electronic PDF format and up to two bound hardcopies
SCHEDULE
Consultant intends to provide a draft Comprehensive Wastewater Plan for Owner review within 10 months of receiving the
requested information from the Owner.
COMPENSATION
As compensation for services to be performed by Consultant, the Owner will pay Consultant as described in the following
table. The total authorized budget amount shall not be exceeded without written authorization from the Owner. If Owner
wishes to proceed with any optional services, authorization will need to be provided in writing (email authorization is
acceptable).
Task Type Amount
Task 1 – Project Management LS $7,500
Task 2 – Data Acquisition LS $5,500
Task 3 – Project Planning LS $9,500
Task 4 – Existing Facilities Evaluation LS $12,600
Task 5 – Collection System Alternatives Considered and Selection LS $23,100
Task 6 – Proposed Projects (Recommended Alternatives) LS $34,200
Task 7 – Plan Documentation LS $12,900
TOTAL COST (Task 1 – 7) $105,300
LS = Lump Sum
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ADDITIONAL SERVICES
The following services may be added by amendment to this contract at a later date. Additional services not yet described in
this section may also be added by amendment when requested by Owner. Owner responsibilities, assumptions, and
deliverables associated with each additional service selected by the Owner and described below will be provided with the
contract amendment.
TASK 3: PROJECT PLANNING
3.9 Regulatory Requirements. Review and summarize current, pending and future regulatory requirements and
planning criteria that may influence operation, maintenance, and capital improvements of the existing wastewater
treatment system.
3.10 Stakeholder Meeting. Meet with stakeholders in a group meeting including businesses and industries that may have
a significant impact on treatment and collection facilities by expanding their operations.
3.11 WWTP Design Flow Rates. Review historical WWTP influent flow data at both treatment plants and available lift
station/pump run-time data to assess existing design flow rates. Inflow and infiltration will be summarized based on
flow patterns relative to historic daily rainfall totals as recorded on the DMR’s. Peak flows will be estimated by
Consultant using available data and typical peaking factors. Provide flow projection estimates based on growth
assumptions and input from Owner.
3.12 WWTP Design Loading Rates. Review historical data to characterize wastewater loadings and project future loadings
based on growth assumptions and input from Owner.
TASK 4: EXISTING FACILITIES EVALUATION
4.1 Collection System Conditions Assessment (Additional Services). In addition to the base services described under 4.1
above, provide the following additional services:
Site Tour. In conjunction with the Kickoff Meeting (subtask 1.2), conduct a site tour of up to 31 lift stations
including wet well facilities, vaults, and support buildings. Provide a general condition assessment of each lift
station. Site assessment is limited to visual observations and is not intended to be a comprehensive inspection.
Site tour will not include individual observations of manholes and/or pipelines.
Electrical Assessment. Evaluate general conditions of backup power, control panels, site lighting, and other
electrical equipment. SCADA Review. Discuss existing collection system controls with Owner’s operators and document known issues,
operator needs not currently met by the existing system, and discuss potential improvements.
CCTV Report Review. Review available CCTV reports and summarize results of report.
Condition Assessment Recommendations. Provide recommendations for a pipeline condition assessment rating
system that the Owner can implement in the future.
4.5 History. Document wastewater treatment plant history and system description to reflect current flow and water
quality data, recent discharge monitoring records (DMRs), plant improvements that have been completed since the
previous planning study, current condition of plant equipment and facilities, and current operation practices.
4.6 Wastewater System Management Classification, Operators and License. Provide a brief writeup of wastewater
treatment required licensing and current operator license information.
4.7 CCTV Video Review. Review CCTV provided by Owner. The purpose of this review will be to check specific known
problem areas identified by the Owner that will help assess I/I, pipeline conditions, or rehabilitation approach for the
identified areas. For budgeting purposes, up to 12 hours of CCTV review is assumed. Summarize findings.
4.8 WWTP Conditions Assessment. In conjunction with the Kickoff Meeting (subtask 1.2), conduct a site tour of both
WWTP facilities with Owner’s staff. This tour and assessment will include the following:
General Assessment. Based on facility tour, information from Owner’s staff, and available information,
document existing physical conditions and deficiencies. Provide a general condition assessment of each WWTP
and lab equipment. Site assessment is limited to visual observations and is not intended to be a comprehensive
inspection.
Structural Assessment. Provide a visual inspection of WWTP buildings and structures and document existing
structural conditions and deficiencies.
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Electrical Assessment. Evaluate general condition of backup power, control panels, lighting, and other electrical
equipment.
SCADA Review. Discuss existing SCADA system with Owner’s operators and document known issues, operator
needs not currently met by the existing system, and discuss potential improvements.
4.9 Wastewater Treatment System Evaluation.
Prepare a hydraulic model and hydraulic profile for both treatment plants.
Prepare process models for each treatment plant.
Summarize existing plant deficiencies using plant data to compare actual performance to expected performance.
4.10 WWTP Schematic Figures. Create a schematic process layout of each existing treatment plant showing major
process components.
4.11 WWTP Capacity Evaluation. Compare existing and future projected flows and loadings to the existing reported
capacity of both wastewater treatment plants. Summarize existing capacity deficiencies.
TASK 5: COLLECTION SYSTEM ALTERNATIVES CONSIDERED AND SELECTION
5.8 Environmental Impacts. A summary of the preliminary environmental screening of the collection system alternatives
will be developed. Improvement projects will address climate, land use, floodplain, wetlands, water quality, rivers,
wild, cultural resources, flora and fauna.
5.9 Evaluate Industrial Growth. Provide a high-level analysis of industrial impacts to the City’s collection and treatment
facilities. Specifically evaluate the impact of REC Silicone expanding their operations in Moses Lake. Evaluate
alternative improvements that may include connection to existing collection basins and treatment facilities, and
consideration of a new regional treatment facility.
TASK 6: PROPOSED PROJECTS (RECOMMENDED ALTERNATIVES)
6.7 Additional Rate Services. Provide an update to the Owner’s existing wastewater system development charge (SDC).
Update will reflect an updated inventory of existing system assets, the most recent approved capital improvement
program costs related to growth and capacity supported by the infrastructure identified as a part of the Wastewater
Comp Plan along with a schedule of charges. FCS Group will complete this subtask as a subconsultant. Summarize
findings and provide recommendations for SDC changes.
6.8 City Council Workshop. FCS Group will participate in a city council workshop to present the findings of the rate
analysis updates and financial plan.
TREATMENT SYSTEM ALTERNATIVES CONSIDERED AND SELECTION
Future Conditions Model. Model future 20-year process and hydraulic conditions of selected alternative.
Develop Improvement Alternatives. Develop list of treatment plant improvement options focused on improving
effluent water quality, vulnerability, safety, and redundancy.
Develop Pre-Screened Alternatives. Develop up to three pre-screened alternatives to evaluate.
Alternative Cost/Benefit Analysis. Assist in comparing benefits, drawbacks, and costs of up to three viable
alternatives.
Life Cycle Cost Analysis. Prepare a life cycle cost analysis on preferred alternatives. Analysis will include capital cost,
operations and maintenance for a 20-year life cycle evaluation.
Phasing Plan. Develop a phasing plan of improvements based on 5-year, 10-year, and 20-year anticipated growth.
Site Plan/Schematics. Develop a master plan concept map and/or figures for selected alternatives.
Environmental Impacts. A summary of the preliminary environmental screening of the treatment plant alternatives
will be developed. Improvement projects will address climate, land use, floodplain, wetlands, water quality, rivers,
wild, cultural resources, flora and fauna.
Review Meeting Workshop. In conjunction with Task 5, lead a workshop meeting with the Owner to review findings.
Outcome of meeting is anticipated to include consensus of recommended improvements.
Draft Plan Section. Prepare draft section writeup. Respond to Owner comments.
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ADDITIONAL SERVICES COMPENSATION
The following compensation amounts are preliminary estimates and may differ when services are added by
amendment.
Task Type Additional Amount
Task 3 – Project Planning
Base WWTP Facility Plan Subtasks (3.9, 3.11, 3.12)* LS $7,400
Stakeholder Meeting (3.10) LS $3,300
Task 4 – Existing Facilities Evaluation
Lift Station Condition Assessments (4.1.a, 4.1.b, 4.1.c) LS $23,800
CCTV Video & Report Reviews (4.1.d, 4.7) LS $6,300
Condition Assessment Program Recommendations (4.1.e) LS $1,000
Base WWTP Facility Plan Subtasks (4.5, 4.6, 4.8, 4.8.a, 4.9, 4.10, 4.11)* LS $24,800
Optional WWTP Facility Plan Subtasks (4.8.b, 4.8.c, 4.8.d) LS $10,700
Task 5 – Collection System Alternatives Considered and Selection
Environmental Impacts (5.8) LS $1,800
Evaluate Industrial Growth (5.9) LS $7,900
Task 6 – Proposed Projects (Recommended Alternatives)
Additional Rate Services (6.7) LS $7,600
City Council Workshop (6.8) LS $3,500
Task 8 – Treatment System Alternatives Considered and Selection
Base WWTP Facility Plan Subtasks (8.1 – 8.10)* LS $38,000
TOTAL ADDITIONAL SERVICES $136,100
* All base WWTP facility plan tasks must be selected if proceeding with facility planning for WWTPs. Other
optional WWTP facility plan can be added if desired.
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Overall Comprehensive Plan
Implementation
Plan adopted by Moses Lake City Council November 23, 2021
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Plan Implementation
The Comprehensive Land Use Plan provides a framework for how the City should continue to grow and
develop in the coming years. The Plan was developed out of the vision that the citizens and their elected
representatives identified for the future of the City. For the Plan to be successful, its implementation must
be a coordinated effort on the part of both the public and private sectors. A number of specific
implementation measures and actions are identified to be taken immediately upon adoption of the Plan
update; others will be longer term priorities and will take several years to complete.
The following implementation actions* are identified in the adopted plan:
As required by state law, the City Planning Commission and City Council shall review and approve the
updated development regulations.
Out of the planning process, several “game changer” projects were identified that were supported by
community input and if implemented could launch the plan’s implementation quickly, particularly with the
availability of federal funds through the stimulus package. Those projects are:
• Securing resources to complete district planning and revitalization efforts in the Broadway Corridor
and Downtown Creative District
• Urban design and transportation enhancements at major gateway locations along I-90
Moses Lake Council packet 2-8-22, Page 216 of 252
• Expanding the city’s water supply by planning for the creative use of water (i.e. water reuse, and
irrigation offsets) through an updated Water Comprehensive Plan
• Implementation of the Housing Action Plan: o The HAP will be implemented through both the revision of the development regulations to
increase the supply and variety of housing options and through targeted help for the
chronic homeless as envisioned through the Transformational Center.
The City will actively solicit grant funding to augment City funds in help implement these projects.
A final implementation item is critical for the development of the street system for the City/UGA is the:
• Development of and adoption of a street master plan for the entire urban growth area
The Comprehensive Plan is supported by the Capital Facilities Element and Capital Facilities Plan (CFP),
which is the overall financing plan for the Comprehensive Plan. The CFP will be incorporated into the City’s
budgeting process through the development of a five year financial planning process. The CFP will be
updated on an annual basis with the outcomes of the various infrastructure planning processes identified,
this will be critical as many grant resources require that an identified project is listed in the City’s Capital
Facilities Plan or Six Year Street Plan (which is a piece of the CFP).
*Implementation Action Item Descriptions:
1. Unincorporated Urban Growth Area Development Agreements. Development and land use
activities occurring at urban densities adjacent to the city will have an impact on the city. It is
important that joint planning agreements are reached between the city and the county which
identify development standards, concurrency issues, development review procedures, etc.
Development should be required to meet city standards, so that if annexation occurs undue
financial burden is not placed upon the city at a later date. Concurrency standards, especially
relative to transportation issues, should adhere to the city’s LOS.
2. Development Regulations. Existing development regulations should be reviewed and updated as
appropriate to incorporate the concepts contained in the Plan within one year of Plan adoption
(ACTION UNDER WAY). A concurrency ordinance, consistent with RCW 36.70A.070(6), shall be
developed and adopted which assures the provision of public facilities in accordance with Level of
Service Standards adopted within the Plan. In addition to the existing regulations, there are several
land use categories that may benefit from new review standards, design guidelines, or other forms
of documentation as they are implemented over time. These include the following:
a. Existing Development Regulations ▪ MLMC Title 18 Zoning, including rezone approvals
consistent with new land use designations. ▪ MLMC Title 17 Subdivision
b. New Land Use Designations ▪ Downtown ▪ Gateway Commercial
3. Update Permit Procedures. RCW 36.70B requires jurisdictions planning under GMA to establish
integrated and consolidated project permit procedures. The City shall review the permit processes
and develop policies consistent with the RCW in conjunction with the Development Regulations
update.
4. Parks and Recreation Comprehensive Plan Update. The City’s Parks and Recreation Plan was last
updated in 2016. The Plan is currently being updated and is anticipated to be adopted in 2022. The
City shall use the annual amendment process to incorporate the Parks and Recreation plan into the
Comprehensive Plan.
Moses Lake Council packet 2-8-22, Page 217 of 252
5. Master Street Plan. The City does not have an updated Master Street Plan. A master street plan
should be developed consistent with the Land Use Element and the Transportation Element within
one year of Comprehensive Plan adoption. Additionally, a street plan should be created and
adopted for the unincorporated UGA. This action will require coordination between Grant County
and the City of Moses Lake and should be considered subsequent to the adoption of UGA
development agreements. In both cases consideration should be given to transit, pedestrian, and
bicycle facility plans.
6. Wastewater System Master Plan. The City’s Comprehensive Wastewater Plan was last updated in
2015. The Plan provides details on the City’s existing collection system and tributary summary
reports. (ACTION UNDER WAY). The City has two wastewater treatment facilities: Sand Dunes
Wastewater Treatment Facility, and Larson Wastewater Treatment Facility.
7. Comprehensive Water System Plan Update. Moses Lake’s Water System Plan was completed in
2000 and updated in 2016. The updated plan identifies improvements for the distribution of
potable water and addresses water right issues. (ACTION UNDER WAY). The Plan is based on the
population projections contained within the Land Use Element of the Comprehensive Plan, and
through site visits and evaluation of existing wells, pump stations, and reservoirs in Moses Lake.
8. Stormwater Comprehensive Plan. As discussed in the Utilities Element (Chapter 5), the City
manages urban stormwater under a Phase II Municipal Stormwater Permit issued by the
Washington Department of Ecology and has adopted a Stormwater Management Program. The City
should also establish a Stormwater Comprehensive Plan to address capital planning needs for the
stormwater utility. This comprehensive plan would include and inventory of existing infrastructure,
establish a level of service standard for future development, and document future capital needs for
system repairs and upgrades.
Moses Lake Council packet 2-8-22, Page 218 of 252
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Lee Creiglow, Interim Community Development Director
Date: February 1, 2022
Proceeding Type: New Business
Subject: Ries Request to Build on Unplatted Property Resolution
Legislative History: Financial Impact:
• First Presentation: February 8, 2022 Budgeted Amount: N/A
• Second Presentation: Unbudgeted Amount:
• Action: Motion Total Cost:
Overview
The Community Development Department has received a request from Christopher Ries
representing Kimberly Ries Ashley and Justin Ashley to build on unplatted property. The Ashley’s
own Assessor Parcel Numbers (APN) 110462000, 0110187000, and 110186000. All parcels are
addressed 2114 W. Broadway Ave. Currently an attorney’s office is located on APN 11087000, and
a greenhouse is located on APN 110462000. The request is to permit the greenhouse, which does
not have water service to the parcel.
Background
A building permit cannot be issued on unplatted property in accordance with MLMC 16.02.040
unless the City Council finds that the public interest will not be adversely affected by the issuance
of such a permit. All other criteria of land use and building permit requirements will still apply.
According to MLMC 13.07.060 B., water is not permitted to be supplied from one property to
another. In order to comply with this requirement, the applicant has agreed to consolidate the
two lots (APN 110187000, and 110462000) into one lot so that water can be supplied to the
greenhouse from the existing water connection.
Per MLMC 13.05.150 B. the green house is not required to connect to the City’s sewer system.
Fiscal and Policy Implications
None
Moses Lake Council packet 2-8-22, Page 219 of 252
Page 2 of 2
Council Packet Attachments
A. Request to Build on Unplatted Property
B. Resolution
Finance Committee Review
N-A
Legal Review
Type of Document Title of Document Date Reviewed
Resolution Build on Unplatted Property February 1, 2022
Options
Option Results
• Adopt as presented The applicant will be able to build a
greenhouse on the property.
• Provide staff with changes Staff would follow requested changes
• Take no action The applicant will not be able to build on the
unplatted property.
Action Requested
Motion to adopt the Resolution permitting the construction of a greenhouse on the property and
requiring the applicant to obtain a building permit for the greenhouse and apply for a Boundary
Line Adjustment (lot consolidation) within six months.
Moses Lake Council packet 2-8-22, Page 220 of 252
RIES LAW FIRM, P.S.
CHRISTOPHER F. RIES
ZACHARY W. ACRES eiriail: clirisr@rieslawfirm.com
email: zach.acres@rieslawfirm.com
January 26, 2022 RECEIVED
COMMUNITY DEVELOPMENT
JAN 2 6 20?2
Ms. Melissa Bethel
Community Development Director
City of Moses Lake
321 South Balsam Avemie
Moses Lake, Washington 98837
Re: Burls&BotanicalsLLC-2114WestEroadwayAvemte
Dear Ms. Bethel:
I represent Burls & Botanicals LLC, wliich owns three (3) parcels of property situated at 2114
West Broadway Avenue, Moses Lake, Assessor's Parcel Nos. 110462000, 110187000 and
110186000 (hereinafter collectively referred to as the "Property"). Maps depicting the three
parcels are attached hereto. I also represent Blue Rorige Garden and Nursery, LLC ("'Blue
Rouge"), wl'iich is the tenant on tlie Propeity. Both Burls & Botanicals LLC and Blue Rorige are
owned by Kimberly Ries Ashley and Justin Ashley, husband and wife.
The purpose of this letter is to reqriest permission to build on rinplatted property prirsuant to
Moses Lake Municipal Code § 16.02.040. Specifically my clients desire to obtain a building
permit for a partially erected greenhouse situated on the westeri'u'nost parcel, Parcel No.
110462000.
The circumstances are as follows:
1. Burls & Botanicals LLC purchased tlie Property in 2021 for the purpose of
establishing a plant nursery business. At the time of acqriisition, the shop
structure situated on the Property was a dilapidated vacant building. My clients
have invested significant sums in improving and ripgrading tlie building, and in
the process obtaining all necessary permits, to make tlie building an attractive
addition to the cornuminity.
2. Sliipments of plant inventory are due to arrive towards the end of
February. In order to protect the plant irtventory from tlie inclement weather this
area experiences in February, my clients commenced erecting a greenhouse on tl'ie
Phone: (509) 765-4437 a Fax: (509) 765-4491
Mailing address: Post Office Box 2119, Moses Lake, Washtngton 98837
Physical address: 1340 E. Hunter Place, Moses Lake, Washington
Moses Lake Council packet 2-8-22, Page 221 of 252
Ms. Melissa Bethel, Community Development
Director of the City of Moses Lake
January 26, 2022
Page 2
westernniost lot. This is a metal hoop building, the tops and sides of whicli are to
be covered with polyethylene, and the ends of whicl'i are covered in
polycarbonate. The build sheets for this greenhouse are attached to this letter.
Both my clients and I were of the opinion this greenhouse did not require a
building permit as it fell within the exceptions to such reqriirement set forth rinder
WAC 51-50-007, whicli states:
The provisions of this code do not apply to temporary growing
structures used solely for the coiumercial production of
liorticultural plants including ornan'iental plants, flowers,
vegetables, and fruits. "Temporary growing structure" means a
structure tliat has the sides and roof covered with polyethylene,
polyvinyl, or similar flexible syntlietic material and is used to
provide plants with either frost protection or increased lieat
retention. A temporary growing structure is not considered a
building for purposes of this code.
3. After the metal frame and the polycarbonate ends were installed, my
clients were advised that a building permit is necessary and applied for such
building permit.
4. It was tlien determined that City water corild not be conveyed from the
building on the center lot via hose to the greenhouse on the westernmost lot to
irrigate the ornamental plants stored in the greenhouse. Specifically, municipal
code § 16.07.051 prohibits any connection to supply water from one property to
another property. In order to rectify tliis situation, my clients intend to submit a
lot consolidation application to consolidate all three parcels of the Property into a
single legal lot. As such, water will not be transported across a property line.
Unfortunately, the weather, and specifically tlie snow cover, is liolding up the
completion of the necessary survey for tliat lot consolidation. It will be completed
as soon as conditions permit.
Irrespective of the completion of the lot consolidation application, tl'iese lots have not been
platted. Municipal code § 16.02.040 prohibits issuance of a building permit on unplatted
property unless the City Council finds that the public interest will not be adversely affected by
the issuance of such a permit. After the lot consolidation, it appears to be wasteful to plat a
single lot. The extension of sewer to tl'iis greenliouse is not necessary as there will not be any
bathrooms or sinks in the greenhouse. Water conveyed by hose from the building is more than
sufficient to maintain the greenl'iouse. All three lots already have street, sidewalk and curb
improvements, as well as access to tlie site.
Moses Lake Council packet 2-8-22, Page 222 of 252
Ms. Melissa Bethel, Comn'ninity Development
Director of the City of Moses Lake
January 26, 2022
Page 3
On behalf of my clients, I request tl'ie City Council find tliat the priblic interest will not be
adversely affected by issuing a building permit for the greenhorise without the necessity of a one
lot plat.
If there is any additional information I may provide, do not hesitate to contact me.
Very truly yours,
RIES LAW FIRM, P
Christopher F. Ries
CFR:sb
Enclosures
cc: Ainy Hataris, Associate Plai'u'ier (via email to: plaru'iing@cityofml.com)
Moses Lake Council packet 2-8-22, Page 223 of 252
1 /25/22, 10:43 AM TerraScan MapSifter - Grant County Washington
Parcel: 110462000
District Information
Owner: Burls & Botanicals LLC
Address:
171https://grantwa-mapsifter.publicaccessnow.com/defaultHTML5.aspx
Moses Lake Council packet 2-8-22, Page 224 of 252
1 /25/22, 10:43 AM TerraScan MapSifier - Grant County Washington
1/1https://grantwa-mapsifter.publicaccessnow.com/defaultHTML5.aspx
Moses Lake Council packet 2-8-22, Page 225 of 252
1 /25/22, 10:43 AM TerraScan MapSifter - Grant County Washington
Parcel'
Owner: Burls & Botanicals LLC
Address: 2114WBROADWAYAVE
!
https://grantwa-mapsifier.publicaccessnow.com/defaultHTML5.aspx i/1
Moses Lake Council packet 2-8-22, Page 226 of 252
i. l
Moses Lake Council packet 2-8-22, Page 227 of 252
Moses Lake Council packet 2-8-22, Page 228 of 252
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Moses Lake Council packet 2-8-22, Page 229 of 252
Moses Lake Council packet 2-8-22, Page 230 of 252
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Moses Lake Council packet 2-8-22, Page 231 of 252
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Moses Lake Council packet 2-8-22, Page 232 of 252
RESOLUTION 3882
A RESOLUTION ALLOWING BURLS & BOTANICALS TO BUILD ON UPLATTED PROPERTY
Recitals:
1. Moses Lake Municipal Code 16.02.040 allows for the issuance of a building permit to a proponent who wishes to build on unplatted property after a resolution has been duly passed by
the City Council. 2. Burls and Botanicals LLC. has requested City Council to allow it to build on unplatted property it
owns and described as follows:
TX# 7102 IN SENE 28 19 28 TX# 7102 THAT PORTION OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 19 NORTH,
RANGE 28 EAST W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE NORTH 89°55'45" WEST, 267.62 FEET ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER; THENCE SOUTH 44°27'30" WEST, 891.10 FEET PARALLEL WITH THE
CENTERLINE OF PRIMARY STATE HIGHWAY NUMBER 18 TO THE TRUE POINT OF
BEGINNING; THENCE SOUTH 45°32'30" EAST, 210 FEET TO THE NORTHWESTERLY
BOUNDARY LINE OF PRIMARY STATE HIGHWAY NO. 18; THENCE SOUTH 44°27'30" WEST, 43 FEET ALONG THE NORTHWESTERLY BOUNDARY LINE OF PRIMARY STATE HIGHWAY NO. 18; THENCE NORTH 45°32'30" WEST, 210 FEET; THENCE NORTH
44°27'30" EAST TO THE TRUE POINT OF BEGINNING.
POR IN SENE 28 19 28 A TRACT OF LAND IN THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 19 NORTH, RANGE 28 E.W.M.,
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE
NORTH 89°55'45" WEST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER
OF THE NORTHEAST QUARTER, A DISTANCE OF 267.62 FEET; THENCE SOUTH
44°27'30" WEST ON A LINE PARALLEL WITH THE CENTERLINE OF PRIMARY STATE
HIGHWAY #18, 762.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH
45°32'30" EAST, 210 FEET TO THE NORTHWESTERLY LINE OF THE RIGHT OF WAY; THENCE SOUTH 44°27'30" WEST ALONG THE RIGHT OF WAY, 128.50 FEET; THENCE NORTH 45°32'30" WEST, 210 FEET; THENCE NORTH 44°27'30" EAST PARALLEL
WITH THE CENTERLINE OF SAID STATE HIGHWAY, 128.50 FEET TO THE TRUE POINT
OF BEGINNING.
Resolved:
1. The Burls and Botanicals LLC. will be allowed to construct a greenhouse on unplatted property provided that all permits and construction plans, and a Boundary Line Adjustment application consolidating the Assessor’s Parcels 110462000 and 110187000, are submitted and approved by
the appropriate city departments. The proponent will obtain the Boundary Line Adjustment approval and a building permit within six months of the adoption of this resolution.
ADOPTED by the City Council on February 8, 2022.
_____________________________________ Dean Hankins, Mayor
ATTEST:
_________________________________
Debbie Burke, City Clerk
Moses Lake Council packet 2-8-22, Page 233 of 252
Community Development Project ListCouncil Admin Report February 8, 2022PERMIT NUMBER TYPELOCATION PROJECT DESCRIPTIONSTATUSAPPLICANTPLN2021‐0077 BLAWESTSHOREBOUNDARY LINE ADJUSTMENT for lot line correctionWAITING FOR MYLARS* KINCAIDPLN2021‐0072 BLABLUE JAY LOT CONSOLIDATIONWAITING FOR MYLARS* O'ROURKEPLN2021‐0092 BLAPENINNSULABOUNDARY LINE ADJUSTMENT for connectivityIncomplete Application MOLITORPLN2021‐0095 BLADIVISIONLOT CONSOLIDATIONApproved w/Conditions BLANCASPLN2021‐0082 SHORT PLAT WILLOW 2‐ LOT SHORT PLATApproved w/conditions ADROCKPLN2021‐0040 SHORT PLAT MARINA 9 LOT SHORT PLAT, SEPA Review Approved w/Mitigations MBAR LUA2020‐0070 SHORT PLAT RANDOLPH TWO LOT SHORT PLAT Easemenet Required ODM FOREVERPLN2021‐0013 SHORT PLAT RAMM SHORT PLAT TO CREATE BINDING SITE PLAN Approved w/conditions ML RV PARKPLN2021‐0058 SHORT PLAT GRAPE 2 LOT SHORT PLAT Approved w/conditions BOYCHUKPLN2021‐0031 SHORT PLAT WHEELERSHORT PLAT TO CREATE BINDING SITE PLAN Approved w/Conditions GOOD FAITHLUA2020‐0086 SHORT PLAT KITTLESON SHORT PLAT to build storage units Covenant Required REINHARDLUA2020‐0040 SHORT PLAT BEACON 1 LOT SHORT PLAT to build short plat Need to resumit FOODBANKPLN2021‐0050 SHORT PLAT SHARON2‐LOT SHORT PLAT to separate house from church WAITING FOR MYLARS* CHURCH OF CHRISTPLN2021‐0032 Binding Site Plan WHEELER 58 TRACT BINDING SITE PLANApproved w/Conditions GOOD FAITHPLN2021‐0089 Binding Site Plan AmendmentMART SEGREGATING TWO LOTS FROM ONE LARGE LOT BSPPre‐app 2/1/22 BUSH CARWASHPLN2021‐0083 Zoning/Subdivision Code UpdateBALSAM 2021 CODE AMENDEMENTIn ProcessCITY OF MLMoses Lake Council packet 2-8-22, Page 234 of 252
Community Development Project ListCouncil Admin Report February 8, 2022PERMIT NUMBER TYPELOCATION PROJECT DESCRIPTIONSTATUSAPPLICANTPLN2021‐0057 Conditional Use PermitNELSON PRESCHOOL REQUIRES CUP Preparing for Public HearingYUSOPLN2021‐0023 Major Final Plat 9TH AVE 38‐LOT PDD Phase 2In process for recording GREEN'S PHASE 2PLN2021‐0034 Major Final Plat FAIRWAY 39 LOT FINAL MAJOR SUBDIVISION SUN TERRACE #8In process for recording AHOPLN2021‐0090 Major Final Plat PAXSON 20+ LOT MAJOR PLAT FINAL PHASE In Final Review OLSEN HOMESPLN2021‐0027 Major Preliminary PlatGRAPE 27 LOT MAJOR PLAT Public Hearing Continued CAD HOMESLUA2020‐0063 Major Preliminary PlatWESTSHORE 57 LOT MAJOR PLAT (1 OF 3 PHASES) Approved w/conditions MITCHELL DEVELOPMENTPLN2021‐0048 Major Preliminary PlatBEAUMONT 98 Lot Residential PUD Public Hearing 03/08 Lakemont PMP + SEPAPLN2021‐0093 RezoneHILLSITE SPECIFIC REZONEPublic Hearing 03/08 CONFLUENCE PLN2021‐0088 RezoneNELSON ZONE CHANGE AND CUP FOR DENTIST OFFICEHE SCHEDULED 02/08 ML PEDIATRICPLN2021‐0071 Shoreline ‐ Substantial Dev Pmt ResCRESTVIEW DOCK AND GANGWAYSchedule for PC 2/10 Lawson Dock and GangwayPLN2021‐0079 Shoreline ‐ Substantial Dev Pmt ResLAKESHORE DOCK AND BOAT LIFT Schedule for PC 2/10 SSDP‐ Fran Grant Dock and BoatliftPLN2021‐0038 UGA County ReviewUGA County ReviewCentral Terminals LLC Short PlatPLN2021‐0070 UGA County ReviewUGA County ReviewCITY OF MLPLN2021‐0042 Vacation Rental LAKESIDEVacation RentalIN PROCESSDesert Escape LLC Vacation Rental Max Occ‐ 8Moses Lake Council packet 2-8-22, Page 235 of 252
Community Development Project ListCouncil Admin Report February 8, 2022PERMIT NUMBER TYPELOCATION PROJECT DESCRIPTIONSTATUSAPPLICANTPLN2021‐0043 Vacation Rental WALLACEVacation RentalCOMPLETED Bross Vacation Rental ‐ Max Occ 12PLN2021‐0080 Vacation Rental INGLEWOODVacation RentalIN PROCESSVR‐ Max Occupancy 8PLN2021‐0028 ROW Vacation BLANCHETTROW VACATION FOR KNOLLS VISTA MAJOR PLATPublic Hearing 2/8/22 CAD HOMESPLN2021‐0091 SEPARANDOLPHSEPA REVIEW FOR COMMERCIAL BUILDINGIN PROCESSHANSEN‐RICEPLN2022‐0001 SHORELINE/SEPA/JARPAMULTIPLESHORELINE STABILIZATION FOR 10 CITY OF ML SHORELINE/PARKSSEPA reviewCITY OF MLPLN2021‐0094 SEPANORTHSHORESEPA REVIEW FOR CITY LIFT STATIONSEPA reviewCITY OF MLPLN2022‐0008 Preliminary Major SubdivisionMae Valley106‐ LOT MAJOR SUBDIVISIONIn reviewJason LinkemWireless Communication Facilities Code UpdateIn review*Waiting for Mylars‐The application has been approved. The applicant must submit final plat drawings on Mylar to record with the County Auditor.Moses Lake Council packet 2-8-22, Page 236 of 252
Page 1 of 2
ADMINISTRATIVE REPORT
To: Allison Williams, City Manager
From: Susan Schwiesow, Parks, Recreation & Cultural Services Director
Date: February 8, 2022
Proceeding Type: Administrative Reports
Subject: SEEK (Summer Experiences & Enrichment for Kids) Grants
Overview
In November of 2021, the Recreation Division applied for a second round of SEEK (Summer
Experiences & Enrichment for Kids) grant funding from WRPA (Washington Recreation & Parks
Assoctiation). Our main focus areas were: starting a Mobile Rec Program and expanding the Water
Safety Program. We were recently notified that we received the full amount requested of
$63,378.09. The funding we received will go towards these two summer outdoor programs. The
funding is provided by OSPI the (Office of the Superintendent of Public Instruction) and
administered by AWC (Association of Washington Cities). The purpose of the SEEK Fund is to help
agencies increase their community's access to quality, outdoor summer programming for youth
and communities who have historically been underserved and who have been most impacted by
the COVID-19 pandemic.
Mobil Rec Program
Mobile Rec is a new program and will bring free
educational and recreational opportunities to school
aged children in some of the most underserved
neighborhoods in our City. The program will start in
early June and end in late August. Each week our
Mobile Rec unit would transport games, supplies, and
equipment between three to four parks. We received a
total of $24,518.09 for this program and it will go
towards staffing, equipment, gas, tear off and recover
of ambulance unit, and promotion. We estimate that
the program could impact between 1,800 – 2,000
children, based off the School District’s numbers in the
proposal. The picture on the right shows storage in an
ambulance that we will convert to our Mobile Rec unit
to visit our neighborhood parks to provide programming.
Moses Lake Council packet 2-8-22, Page 237 of 252
Page 2 of 2
Water Safety Program
The Water Safety Program is our Red Cross swim lesson program that we offer at Surf ‘n Slide
Water Park each summer. It’s comprised of three 2-week sessions from late June to early
August for recommended ages 6 months – 17
years old. We see over 1,100 children go
through our program each summer and it’s
one of the only public programs offered in
Moses Lake. We received a total of
$38,860.00 for this program and it will go
towards staffing, equipment, first aid supplies, promotional materials,
certifications, and scholarships. This is the
first season we have ever offered scholarships
and anticipate that it can benefit over 60
percent of families in our community.
Moses Lake Council packet 2-8-22, Page 238 of 252
2022 Washington Walkability/Movability Action Institute
(May 2-5, 2022 – TBD, WA)
A. PURPOSE
The NACDD Walkability Action Institute (WAI) is a multi-day “course” for interdisciplinary teams
comprised of public health, transportation, planning, elected officials and other community
collaborators, to develop team action plans and implement policy, systems, and environmental (PSE)
strategies to create equitable access to activity-friendly environments and walkability. The resulting
community and transportation designs, plans, and practices will benefit all users equitably, particularly
people historically and currently marginalized, and including people with disabilities, older adults, and
communities with people with lower incomes. The Washington State Department of Health (DOH), in
collaboration with the National Association of Chronic Disease Directors (NACDD) and the Centers of
Disease Control and Prevention (CDC), brings this opportunity to Washington state.
This institute supports significant national public health policy statements promoting walking and
movability included in the CDC’s Activity Friendly Routes to Everyday Destinations and Active People
Healthy Nation initiatives.
The Washington State Department of Transportation (WSDOT) and the Washington Transportation
Improvement Board (TIB) are key partners in the design and curriculum of the institute. The content
and planning efforts support implementation of major statewide transportation and planning efforts,
including the WSDOT Active Transportation Plan, and the TIB Complete Streets Award program.
B. PROJECT DESCRIPTION
In May 2022, we will implement an in-person Walkability/Movability Action Institute for Washington
state teams at a location in Washington state.
The four-day, three-night institute will include presentations, inter-team interactions, active learning
opportunities, and team-specific consultation with institute faculty and staff. Selected teams commit
to participate in each of the following project activities:
• Attend a pre-course webinar and preparation;
• Attend 100% of the sessions at the multi-day action institute;
• Attend a post-course webinar;
• Develop a team action plan inclusive of evidence-based policy, systems, and/or environmental
strategies;
• Begin implementation of action plan strategies.
Moses Lake Council packet 2-8-22, Page 239 of 252
**If COVID-19 protocols determine the inability to meet in person, the WA WAI will be offered as a
Walkability Virtual Academy (WVA) and be conducted virtually through an online platform. The WVA
would occur during the same week (May 2-5) with some additional pre-course content and preparation.
Past faculty (and anticipated faculty for the Washington WAI) include:
-Phil Bors, Healthy Places by Design
-Charles T. Brown, Founder and CEO @Equitable Cities
-Cathy Costakis, Rural Healthy Community Design Consultant
-Mark Fenton, Public Health, Planning, and Transportation Consultant
-Karin Korb, Diversity, Equity and Inclusion Consultant
- Ian Lockwood, Toole Design Group
-Hugh Morris, National Association of Realtors
C. ELIGIBILITY and TEAM MAKE-UP
Applicant teams must include at least four, but no more than six, team members. The MPO/RTPO
representative or public health representative for each regional team will assume the role of Team
Lead, representing the regional team and serving as a primary point-of-contact throughout the project.
Required team positions include:
• MPO/RTPO planning representative in the applicant region;
• Public health representative at the local or regional level;
• Transportation representative (preferably in engineering) at the local or regional level affiliated
with the MPO/RTPO region;
• Elected official in the applicant region with a voting, programmatic, or policy decision-making
role related to community development/redevelopment, and/or transportation design.
Additional team member(s) could represent a variety of partners from the region, such as business;
economic development; education; parks and recreation; housing; transit; law enforcement;
representatives of historically and currently marginalized populations (ie. BIPOC, people with
disabilities, LBGTQ+, or others as identified in your community) and walkability-related advocacy
organizations or foundations.
D. BENEFITS
Some of the benefits to your team by participating in the action institute include:
• Technical support to develop a team action plan with outcomes supporting goals related to
improving walkability, equity and inclusion, safety, connectivity, and non-motorized design;
• Time to develop a plan that informs other transportation planning needs (comprehensive plans,
bicycle and pedestrian plans, Complete Streets, etc.);
• Access to state and national subject matter experts in equity, health and transportation
planning, effective community engagement, and project design;
• Membership in the Walkability Action Institute Community of Practice.
E. COST
There is no registration cost for institute attendance. Travel costs for attending the four-day,
three-night institute, including hotel, meals, and transportation, will be reimbursed by DOH.
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F. APPLICATION PROCESS
Completed application form and a letter of commitment from each team member are due
Tuesday, January 11, 2022 by 5:00 p.m. Pacific Time. Late applications will not be accepted.
Selection of teams will be finalized on or before January 31, 2022.
Email questions and completed application form with letters of commitment to:
Chris Zipperer,
Physical Activity Coordinator,
Washington State Department of Health
chris.zipperer@doh.wa.gov
Subject line: 2022 WA WAI Team Application: (MPO/RTPO region)
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2022 Washington Walkability/Movability Action Institute
Application Form
PART A—Cover Page
REQUIRED TEAM MEMBERS
MPO Representative:
Public Health Representative:
Name of Public Health Representative: Reece Leavitt
Agency: Grant County Health District
Job Title: Health Educator
Mailing Address: 1038 West Ivy Street, Moses Lake, WA 98837
Phone: 509-766-7960 ext 36
Email: rleavitt@granthealth.org
Name of MPO Planning Representative: Nicole Ogan
Agency (MPO or other similar regional entity): Quad City (QuadCo)
Job Title: County/Environmental & Transportation Planner
Mailing Address: 411 North Ruby Street, Ste 1, Ellensburg, WA 98296
Phone: 509-962-7610
Email: Nicole.ogan@co.kittitas.wa.us
Briefly describe the MPO Representative’s
professional background and experience with
supporting walkability (200 words or less):
The ET Planner is responsible for providing expertise
within the County and to the community regarding
private development, public capital projects, and
planning activities associated with the 6-year
transportation plan. This position represents the
County on QuadCo as leadership responsibilities
rotate. In addition, consultation, preparation, and
oversight of projects or programs with environmental
or transportation elements are of this position’s
responsibility. This includes the obtaining and
managing of state and federal grant opportunities.
When it comes to environmental planning coordinated
with multimodal transportation projects, this position
is responsible for completeness of considerations
necessary for sustainability and accessibility.
Specific to walkability, this position holds expectations
for incorporating multimodal elements into the short-
and long-term planning processes such as policy
development and code updates. As QuadCo continued
to expand their emphasis on Complete Streets, it is the
technical assistance that will be most valuable.
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Briefly describe the Public Health Representative’s
professional background and experience with
supporting walkability (200 words or less):
The Health Educator position implements the Healthy
Communities department and initiative for the Health
District. Reece coordinates efforts to develop sound
programs and policies for making the healthy option
one that is easy and affordable to access. They engage
the community around health in order to work towards
implementing prevention strategies for chronic disease
and risk factor reduction such as providing active
transportation opportunities and resources for healthy,
supportive environments.
The mission to make the healthy choice the easy choice
is encompassed in the community-based initiative
work of the Health Educator designed to improve the
vitality of each person who lives, works, plays, or learns
in Grant County. Motivators for this Department
include healthier environments, behaviors, equity,
productivity, life expectancy, quality of life, and
affordability of healthcare. Each of these reduce health
concerns, increase physical activity, and contribute to
an overall improvement for each household despite
actual or perceived vulnerabilities.
Which representative above will serve as the MPO Team Lead? (Please select below)
Public Health Representative
MPO Representative
Transportation Representative:
Name of Transportation Representative: Levi Bisnett
Agency: City of Moses Lake
Job Title: Project Surveyor – Engineering
Phone: 509-764-3786
Email: lbisnett@cityofml.com
Briefly describe the Transportation
Representative’s professional background and
experience with supporting walkability (200 words or
less):
With a background in construction, engineering tech,
and now surveying with a pathway into the City’s
engineering department, Levi is able to bring a unique
development view for walkability. He is focusing on
subareas within the City and seeking to learn best
practices for success around designing communities
that bring a vitality around economic and community
development. In addition, Levi has experience within
the code enforcement department which often
interacts with residents found to have mobility
challenges and open to both receiving support and
providing feedback related to how the City can play a
significant role in improving accessibility for all.
Elected Official:
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Name of Elected Official: Don Myers
Agency: City of Moses Lake and Grant Transit Authority
Type/Position of Elected Office: City Council Member and Board of Directors
Phone: 509-764-3766
Email: dmyers@cityofml.com
Briefly describe the Elected Official’s professional
background and experience with supporting
walkability (200 words or less):
Don Myers is a Moses Lake community member, City
Council member, and a Director for the Grant Transit
Authority Board. Working in the auto industry, Don
understands the financial and functional dynamic of
vehicular travel including the limitations its reliance
can have on vulnerable community members.
Don serves on both the Council for the City of Moses
and the Board for Grant Transit Authority. Both of
these positions offer a unique perspective of the
multimodal needs at the local (City) and regional
(County) level. In addition to be involved with the most
recent Comprehensive Plan update and supporting the
Complete Streets Policy update, Don is able to support
the provision of public transportation to county
residents. As Moses Lake is the largest City in the
County, Don is able to bring community and
development feedback to the county-level and provide
the Transit Authority with ways public transportation is
supporting communities and how it can best improve.
ADDITIONAL TEAM MEMBERS
Please complete the following regarding your additional regional team member(s):
Name of First Additional Team Member
(optional):
Cari Cortez
Agency: City of Moses Lake
Job Title: Housing/Grant Coordinator
Phone: 509-764-3743
Email: ccortez@cityofml.com
Briefly describe the Additional Team Member’s
relevant experience with supporting walkability
(200 words or less):
As the Housing/Grant Coordinator, Cari is brings
experience with multiagency coordination, grand
obtainment and management, and understanding of
social service systems and concepts. As the
Housing/Grant Coordinator, Moses Lake has resources
to connect with vulnerable community members and
turn that into action through available funding streams.
Knowledge around meeting the needs of various
communities with limited and restricted resources will
be valuable for the team as they look to improve the
limited transportation options for such a rural county.
Name of Second Additional Team Member
(Optional):
Carrie Hoiness
Additional Team Member, as taken from RFA
Appendix A:
Parks/Recreation/Trails
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Agency: Moses Lake Trails Planning Team
Job Title: Recreation Superintendent
Phone: 509-764-3805
Email: choiness@cityofml.com
Briefly describe the Additional Team Member’s
relevant experience with supporting walkability
(200 words or less):
Carrie has been instrumental in leading the entire
Parks, Recreation, and Cultural Services Comprehensive
Plan update which focused on the accessibility to
recreational facilities, open space, and public
infrastructure in Moses Lake and connected to Moses
Lake for all members of the community. The plan was
inclusive of vulnerable populations including a
playground update that provides access for play for
individuals with disabilities and other equipment for
improving access to physical health supports.
Carrie leads the Trails Planning Team which serves as a
multimodal committee with a vision to create a
network of linked paths used throughout the greater
Moses Lake (beyond city limits) area for exercise,
recreation, transportation, and tourism to promote
healthier lifestyles for the community.
Leading the TPT, the Activity Trial Master Plan is being
updated and including documentation of condition,
connectivity, and gaps of pedestrian, bike, transit, and
non-paved infrastructure and facilities.
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PART B—Scored Components (100 total points)
(This section is limited to no more than five total pages)
Using the text boxes below, please answer the following questions. You may increase or decrease the text box
as needed to fit your answer.
PART B.1: Interest Statement (10 points):
1. Please provide a brief statement as to why your team wants to attend this action institute.
Whether through Complete Streets, Healthy Communities, or efforts towards regional connections, our team
has a history of advocating for equitable access and continue to identify goals for implementation of policies,
systems, and environments that support equitable access. Each member of our team has a unique perspective
because of differing service geographics and demographics. Attending the Institute with such a variety in
representation is a sure way to learn improved or new ways for collaboration, utilization of data, aligning
planning and decision timelines, and ensuring each partner is accessing complementary academic and applied
learning methods to better create comprehensive implementation. ~~ Representing such a rural region, it is
imperative for our team to plan, design, fund, and implement projects or programs in a way that is efficient,
effective, and meets the needs of our community with an emphasis on the most vulnerable. Access to
education, employment, nutrition, health, and other destinations that support basic living is more limited in
rural regions due to commute times, supply chains, and resource density. Being able to come together as a team
for the Grant County residents, workers, and visitors is a huge step in the right direction and a substantial
message to our constituents that we, each partner, is committed to pursuing policy, system, and environmental
supports for non-motorized transportation that benefits all.
PART B.2: Regarding the Proposed Regional Team (10 points):
2. Please describe the past and current working relationships and skills sets of the Team Lead and
additional team members, and how this combination has/will contribute to successful implementation
of new policies, systems, and environments that promote increased walkability and infrastructure within
your designated MPO region.
OR, if this is a new team being assembled for the first time, please describe how this new team
infrastructure will enhance your ability to implement high-level policy, systems and environmental (PSE)
changes that improve walkability and movability infrastructure.
The Institute will be an opportunity for our team to establish a foundation for effectively improving
walkability and movability in Grant County. While each participant has a history of contributing to the
efforts of complete streets, the sharing of perspectives and experience in an intentional space is sure to
enhance our ability to move forward with an understanding of agency needs, expectations, and processes
for coordination. Including health, transportation, and community with regional and local partners provides
our team with the ability to assess high level considerations alongside detailed aspects of implementation.
Recognized by the GCHD PSE initiative, such changes are ongoing, foundational for behavior change,
community-level, long-term, and sustaining; these require that multisector agencies are committed to
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walkability for the long-term and this Institute provides the foundation for that commitment. ~~ Another
way our team’s implementation ability will be enhanced is by understanding how organizational change can
bring the most effective results. So often an individual or group is passionate about a topic and while they
are effective during their tenure, if a transition occurs, support for that focus may transition as well. Being
able to establish an understanding for changes that must happen organizationally will allow for the policies
to be adopted, systems to be established, and environments to be modified beyond any one single person.
Establishing the multisector commitment creates accountability among entities and for long lasting efforts
around walkability and moveability even if leadership, staff, or planning updates occur. ~~ As motivated as
each member or entity may be, it can be challenging to have these partnerships and coordinated efforts
take place organically amid existing competing demands. This Institute will provide intentional space for our
team to have designated time and expert guidance for collaboration. It will be the catalyst our region needs
to meet the needs of our communities.
PART B.3: Past Efforts (20 points):
3. Describe the cross-collaborative efforts you have undertaken in the past in your region to improve
walkability and infrastructure design through PSE approaches.
OR, if this is a new team being assembled for the first time, please describe any efforts the individual
partners or agencies represented have undertaken in the past to improve walkability and
infrastructure design through PSE approaches.
While some members of the team have worked together in the past around multimodal efforts, this team is
looking to learn, grow, and improve together going forward. ~~ Most recently, the City of Moses Lake has
been diligently updating plans and polices including: (1) Comprehensive Plan with a Transportation element
providing guidance around active transportation, aligning with the goals of the QuadCo Regional
Transportation Plan, and establishing goals and policies towards an intentional multimodal system that
complements other local, regional, and state initiatives; (2) Parks, Recreation and Open Space
Comprehensive Plan that recognized the important need for increasing accessibility to opportunity for
vulnerable communities; and (3) Complete Streets Policy designed for the people of Moses Lake and
inclusive of environment preservation, vibrant neighborhoods, improved opportunities for physical health,
and space for the community to gather and recreate. ~~ QuadCo is made up of multiple members from
counties, cities, transit agencies, ports, and the State DOT with the responsibility of the planning agency
rotating among the four (4) member counties. QuadCo has adopted the Regional Transportation Plan and
the Unified Planning Work Program to support regional collaboration from the member organizations. These
two plans are a significant opportunity for a regional emphasis on pedestrian priorities. There has begun to
be adopted language around the need to fill non-vehicle gaps in the system and the Institute will be a
resource for understanding how the plans can be improved to support walkability. Where QuadCo is
moving the needle on non-motorized support is within the Human Services Plan that focuses on increasing
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access for vulnerable populations and specifically those living with a disability as well as their application
process for their Transportation Alternatives Program (TAP) that funds pedestrian and bike facilities both on
and off the road, recreational trail program projects, and Safe Routes to School.
The GCHD has a strong history of advocating for and educating the community about Complete Streets
concepts, policies, and benefits. In 2014, the Healthy Communities grant provided Health-focused partners
funding to implement environmental and lifestyle change strategies such as the increase of walking/biking
and supporting the adoption of Complete Street policies. In addition, the GCHD has an initiative under their
Public Health focused for Policy, Systems, and Environmental change including: (1) Policy change at all levels
such as Complete Streets policies adopted by municipalities or counties and encouraging regional
transportation planners to adopted guidance for localities. (2) Systems change for improving decision
making, design process, and prioritized beneficiaries. (3) Environmental change for implementing new
policies and improved systems to develop infrastructure and facilities that lead to walking/biking being an
easy choice for all.
4. Please share any evidence of the need and/or demand for improved walkability through future PSE
strategies in your region. This could include mode share data, crash data, anticipated infrastructure
projects, community health assessment data, community feedback, visioning, and planning documents
or assessments processes (e.g. including walk audits, photovoice, listening sessions, and windshield
tours). Please be concise and evidence-based.
Grant County is the largest geographic county in the state and with a two hour drive time north to south,
Grant County residents, workers, and visitors are reliant on a personal vehicle or a robust system that
supports an alternative; shown by 94% of households stating they need access to a vehicle. The Transit
Authority provides a functional level of public transportation though does not provide access to smaller
cities in the county and is limited to two cross-county trips a day with the limitations in public transit and a
system that depends on vehicles, the need for non-motorized infrastructure increases, especially in the
small communities not served by the Transit Authority. Adopted in the 2020-2024 Transit Authority
Development Plan, economic vitality, mobility, and stewardship are policy objectives that include the need
for regional and local partnerships, innovative approaches, and community engagement for
implementation. Each of these were based on stakeholder feedback indicating the need for a more
comprehensive approach to being able to both utilize and access what is available for public transit. ~~
Goal #3 of the Grant County Comprehensive Plan identifies the need for a multimodal system based on
regional priorities and coordinated with the plans of adjacent counties and internal cities. This goal is crucial
because close to 15% of Grant County households are living in poverty with 1/5 residing in Moses Lake; in
addition, an average of 40% are Hispanic/Latino and together this creates a necessity to appropriately plan
across municipal boundaries to ensure that vulnerable communities are being served comprehensively.
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Out of 15 incorporated cities in the County, less than 1/3 have adopted a Complete Streets policy and fewer
receiving a TIB grant and zero receiving funding each year of eligibility. This demonstrates an opportunity
for a regional pursuit of policy adoption and thorough implementation. ~~ The City of Moses Lake is
updating their Trails Master Plan to identify conditions, connectedness, and opportunities for improving
multimodal connections within and across city boundaries. A listening session with the Trails Planning Team
revealed a great need for addressing neglected neighborhoods that still have gravel-laid streets and are
characterized by lower incomes, minority populations, older housing stock, and incomplete infrastructure
for mobility and accessibility. The TPT also identified the need for broader community awareness related to
both accountability for policy implementation and education of available walk/bike routes and how to
safely and efficiently utilize them. ~~ In the GCHD Assessment, it was found that around 35% of adults and
children are either overweight or obese and increasing the opportunity to use physically active modes of
transportation and access environments that support movability have the potential to positively affect the
health of a community.
PART B.4: Current Efforts (15 points):
5. Please provide any current PSE improvements being pursued by your team agencies collectively or
individually. Applicant teams will not be penalized for being in different phases of current action.
As mentioned above, Moses Lake has recently adopted robust updates to Comp Plans and their Complete
Streets Policy. Implementation of these efforts are wide-reaching from establishing project selection
criteria that prioritizes non-motorized and serving vulnerable communities to designing land use,
environmental, and economic policies that support a pedestrian-oriented community. ~~ The GCHD
continued to identify PSE efforts that can benefit from a “health in all policy” standpoint and as
opportunities arise from program administration to collaboration on recommended initiative and policy
language. ~~
PART B.5: Health Equity Efforts (15 points):
6. Describe past and current efforts, or recognized future need, to focus on health equity and disability
inclusion within your walkability and movability efforts.
Grant county spends more per Capita on infrastructure than Washington State at almost 2x rate. This means
that residents are contributing a significantly larger amount of their income to maintaining a safe, effective
transportation system. This demonstrates a dire need for the coordination of resources, planning, and
implementation as the priorities for maintaining level of service begin with high-trafficked roads and extend
down to the need for new infrastructure. As prioritizing health equity and disability inclusion gains
momentum, there is still a decade-long history of vehicle-focused infrastructure that remains in capital
planning. As updated plans and policies are adopted, regional pursuit of expert guidance, such as this
Institute, will be substantial in evaluating the use of funding designated for maintenance and new
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construction. It is a significant step to recognize the need for refocusing priorities and another to include the
language; where a comprehensive approach is more needed is in the accountability and implementation; to
rather join forces for obtaining resources and creating policies, systems, and environments that progress
walkability and movability regionwide while addressing the local needs of vulnerable residents.
PART B.6: Future Efforts (30 points):
7. Describe (1) short-term and (2) long-term plans for working collaboratively across intersecting
disciplines and sectors to improve walkability and healthy community design, including your plans to
address equity and disability inclusion.
A short-term opportunity includes the incorporation of multisector policy and planning into complementary
documents. An example would be a community health emphasis in a downtown strategic plan or addressing
infrastructure and facility needs within a public health assessment. This would begin with each agency having
an expectation to both share and respond to feedback requests in the forms of written response, attendance
at public hearings, or a seat at the table. ~~ Long-term plans for collaborative efforts include expanding
representation at the decision-making level to include cross-sector expertise and perspective from individuals
with lived-experiences. Often times, boards, commissions, and elected officials are representative of affluent
communities and being intentional about creating access for vulnerable community members to have an
equally contributed voice is imperative to really addressing changes in policies, systems, and environments.
Engagement in this capacity lends itself to more robust discussions and outreach that improve the direction
of community development. ~~ A second long-term opportunity is joining forces to create regionally-adopted
development code recommended by complete street or walk-focused agencies. In addition, having regionally-
adopted requirements can lead to legislative advocacy that creates a substantial, cross-sector voice informing
the state and federal funders and policy makers what is important to rural, Grant County communities.
8. How will your team’s attendance at this action institute support and strengthen these future efforts?
Future efforts will be strengthened significantly by the intention around committing to learning, growing,
and planning alongside regional and local partners. The Institute designates time for each member to
contribute in a meaningful way that respects the policy and processes in place while also working through
how, together, we can begin to change our organizational operations to best benefit our community. While
each person provides a unique perspective for how to improve walkability/movability, having support from
experts and state agencies that bring best practices, funding clarity, and implementation direction is
something not available in our region. Our capacity will significantly benefit from being able to build cross-
department and cross agency teams with assistance to affect change in the built environment. Our team will
also develop strategies to support efforts such as the Trails Planning Team, regional groups, and elected
officials to help expand community support for the needed changes; our communities will come together
under leadership that comes together and our team is that leadership for the Grant County future.
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The five-Page Limit Section Ends Here. The following sections (Part B.7, B.8, and C) do not count toward the
total page limit.
PART B.7: Equitable People, Populations, and Places:
If applicable, please select from the following list the types of people that you want to concentrate on for
increased access to opportunities for walking, active transportation, and movability.
White/Non-Hispanic
Black/African American
Hispanic/Latino
American Indian/Alaska Native
Asian American
Native Hawaiian/ Pacific Islander
Other race/ethnicity (please describe): Click here to enter text
People with disabilities
People with lower incomes
Youth
LBGTQ+
Older adults
Members of military
Other (please describe): Click here to enter text
If applicable, please select the types of places within your region that you primarily intend to highlight:
Urban city areas
Suburban areas
Rural areas
Frontier areas
Urban city areas experiencing poverty
PART B.8: Learning Needs and Interests
We want to ensure that the learning needs and interests of participating course teams are addressed. Please
check below the five topic areas that are of greatest interest to your team:
Passing Complete Streets policies
Routine implementation of Complete Streets
Increasing equitable access to walkability across race, income, and other factors
Prioritizing disability inclusion in infrastructure, policy planning, and implementation
State-of-the-art transportation planning practices
The public health motivation for walkable communities
Engaging policy makers and other stakeholders on walkability and movability
The importance and roles of multi-disciplinary teams in building walkability and movability
Economic benefits of walkable communities
Addressing health equity through the built environment
Engaging the private sector on this topic
Other? Please explain: Click here to enter text
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PART C—Signature Page
Please read and affirm the following with your electronic signatures:
PART C.1: MPO and Public Health Representative Signatures
We understand that this action institute can accommodate a limited number of applicants and the
information submitted on this application form is a true representation of our MPO (or other similar regional
entity) region’s past, current, and future walkability related efforts. We acknowledge the project deliverables
and commit to participating in all aspects of the project, including development of the team action plan and
achievement of action plan outcomes to improve equitable walkability and movability of our designated region.
Electronic Signature of MPO Representative:
Nicole Ogan, Rotating QuadCo Lead Representative
Date:
January 11, 2022
Electronic Signature of Public Health Representative:
Theresa Adkinson, Grant County Public Health Administrator
Date:
January 11, 2022
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